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Board of Selectmen's Meeting Minutes 2/23/10
BOARD OF SELECTMEN’S MEETING
FEBRUARY 23, 2010

Chairman Story called the meeting to order at 7:05 p.m. with the pledge of allegiance to our flag.     Selectmen Story, Keller, Bulgaris, Russo, Walker and Town Administrator Chuck Kostro were present.

Building Inspector Sam Joslin addressed the Board regarding a new “stretch” energy code (780CMR appendix 120.AA).    This optional code is in addition to the new federal energy code and would require a vote at town meeting to be accepted by the town.    Benefits of accepting this stretch code are unknown at this time but could be burdensome to residents, businesses and builders.   Sam will investigate further and the Selectmen will review the information and possibly bring it to town meeting in May.

Sam also addressed a letter from Counsels Bowman and Penski regarding the status of the allowed use of the property (East Coast Sand & Gravel) located at 90 Hanover Street.    An hours restriction placed on the operation in 1975 by the Selectmen was to have been corrected after dismissal of the Superior Court Action in 2005.    The business is still subject to all zoning regulations for an industrial district including sections 97-3.I(1)(b) and I(4)(a) of the bylaws.   It was moved by Selectman Walker, seconded by Selectman Keller and voted unanimously that East Coast Sand & Gravel must abide by the same hours as other businesses in the industrial zone and the 1975 restriction on hours of operation be rescinded.

Recommended amendments from the Shellfish Commissioners for the “Regulations for Clam Industry and Taking of Seaworms” were tabled to allow the Board time to review the information.    These amendments will be addressed at the next BOS meeting as moved by Selectman Walker, seconded by Selectman Keller and voted unanimously.

Town Administrator Chuck Kostro presented a preliminary budget for FY11 to the Selectmen in accordance with Chapter 460 of the Acts of 2008.   He also reviewed revenue estimates, budget increases, accomplishments, operational needs, cuts and strategies.    The budget presented stands in deficit of approximately $66K with hopes that state aid will come in better than anticipated, he noted.    The possibility of an over ride was discussed and discounted at this time.    Selectman Russo suggested a voluntary increased tax and any monies for the school should be with the three towns working toward the outcome.    Reducing our debt service each year results in less taxes being collected so how does the town ask to keep this money for operations.   Remley noted that feed back sessions in the three sections of town comparing Newbury with other towns and showing how low our tax base is would be helpful.   In order to keep the debt service monies an over ride would need to be voted each year, he advised.   Dick Passeri agreed that communication would be the selling point and people would then be informed but this is a long term process.    It was the consensus of the boards that informational meetings with periodic updates should be started in the three sections of town.   Feedback from the residents could also be collected as to what direction they want their town to move in.   Talking points from both boards (Selectmen and Finance) will be presented at the March 9th meeting and schedules for meetings and locations will be determined at that time.

The Harbormaster Advisory Task Force report and the Harbormaster’s comments were reviewed.   Kostro noted he would like fees set as soon as possible, if not tonight.   Selectman Bulgaris suggested the task force should have a chance to comment on Brendan’s response and perhaps a meeting with the task force, Brendan and the BOS should be held to settle any remaining questions.   Joanne Johnson agreed to set up a meeting.   The fees will be finalized by March 23rd.

On the recommendation of Chief Reilly, John Regan was appointed Reserve Dispatcher and John Lucey III was appointed Reserve Police Officer on a motion by Selectman Russo, seconded by Selectman Keller and voted unanimously.

A new license request from Patrick Melican, 9 Moody Street for a massage therapy business (Tranquil Times) was tabled in order to investigate the possibility of requiring a CORI check before issuance of the license.   Chief Reilly will be asked to review the application.

Selectman Russo announced that Dr. Mario Motto, renowned astronomer, will be conducting a presentation on light conservation/light pollution/financial savings at PITA Hall on Wednesday, March 10th at 7 p.m.   All are invited to attend this informative presentation.

The minutes of the February 9th meeting were accepted as presented on a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously.

A MOU (Memorandum of Understanding) for the Newbury Neck Burial Ground for care and use of the cemetery was reviewed and approved on a motion by Selectman Keller, seconded by Selectman Russo and voted unanimously.    Dick Cunningham will obtain signatures needed from known family representatives in order to execute this MOU.

The Conservation Commission issued an invitation to the Selectmen to attend a presentation of the Larkin Mill Feasibility Study on Tuesday, March 16th at 7 p.m. at the start of their regularly scheduled meeting.

David Powell provided the Selectmen with a matrix of the survey by MVPC on our Byfield Village Traffic issues.    Kostro has contacted Mass Highway and a meeting has been tentatively scheduled with a representative of their Road Safety Audit Committee for March 2nd.

The meeting was adjourned at 8:40 p.m. on a motion by Selectman Russo, seconded by Selectman Bulgaris and voted unanimously.

Respectfully submitted,

Kathleen Sirois
Administrative Assistant