BOARD OF SELECTMEN’S MEETING
SEPTEMBER 28, 2010
Vice Chair Michael Bulgaris called the meeting to order at 7:05 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Bulgaris, Bear, Keller, Walker and Town Administrator Chuck Kostro. Selectman Story was absent.
Harbormaster Brendan Stokes presented a brief slide show on the Town Dock Area and the problems that need replacement or repair. He noted that Vine Assoc. had been hired to complete the engineering for the permitting process through the Army Corps of Engineers. While there has been a structure there for over a hundred years, there does not appear to be a current permit for the ramp area so the Town is starting from scratch. A preliminary plan shows that at a minimum permits are the first priority, the top of the ramp needs resurfacing, the pier will be rebuilt and moved a few feet to the west to allow for the construction of a added seating area and handicap viewing area, and the building needs to be replaced. The existing pier will be unchanged except for
the added L-shaped piece and the trailer will be removed from the property. Selectman Keller asked about costs. Stokes advised that the Harbormasters Department is self funding through fees, taxes, etc. and this money must be used for the department and cannot be used anywhere else. The permitting process is first and then the rest can be accomplished over a period of time. Priority will be given to the pier and the ramp as these pose public safety risks. Procurement for the permitting is complete and the monies are in place. Future options for a second ramp, gazebo and a nature walk will be addressed when all else is completed. The facility will be stabilized for the remainder of this year and the new installations will take place next spring. Stokes was thanked for his input.
Dan Streeter appeared on behalf of the Open Space and Recreation Committee to once again ask for a letter of support from the Selectmen for the OSRC’s ’09 Open Space and Recreation Plan for submission to the State. An impact letter from the Assessors, comments and suggested changes to the original document have been completed and incorporated into the plan, Dan noted. Selectman Walker moved to approve a letter of support for the OSRC Plan from the Selectmen, seconded by Selectman Bear and voted.
Gene Palumbo, 89 Hanover Street addressed two concerns regarding the property at 90 Hanover Street. Earlier this summer a test was conducted on runoff thought to be from 90 Hanover through his property into the Little River. Palumbo was looking for a copy of the test results which was given to him by Doug Packer who received it earlier in the day. Palumbo also questioned an abutters notice sent to him regarding the installation of a septic system on 90 Hanover. He noted it is listed as a commercial property and is an industrial property. Doug Packer stated that from a Conservation stand point they don’t care what it is called. It is a commercial property located in an industrial zone. Kathleen Pearson advised
that the burden is on the applicant who sent the notice and Palumbo should contact the owner’s attorney if he feels it should be corrected. Selectman Bulgaris reiterated the Selectmen have no control over that document.
Town Administrator Chuck Kostro reviewed the draft STM warrant to which he had made a few minor changes. He noted that Article 2 may be scrubbed. Article 6 refers to the Personnel Board which should consist of seven members and currently has only four members. The quorum is set incorrectly at 5 members and this article changes it to a quorum of 4. Article 7 is for the Assistant Town Clerk and is pending Personnel approval. Articles 8 & 9 have changed due to a vote of the Finance Committee. Article 10 added an ITT bill from FY09. Article 11 & 12 remain unchanged. Article 13 is new and will establish a “library fund” which will be used to support the operation of the library. A discussion ensued regarding use of the stabilization fund to forestall further FY11 budget cuts and anticipated layoffs and reduced services for FY12. Kostro noted municipal budgets have suffered cuts to the bare bones for the past four years and have not been made on the fly as
suggested. Small cuts now might save big cuts down the road he advised. While Kostro did not necessarily agree with the recommendations of the Finance Committee, he noted it is their budget to present on the warrant at town meeting. FY12 preliminary revenue projections were reviewed showing a possible deficit of $554K. Kostro noted that 76% of the budget cannot be cut, leaving all deficits/cuts to be made from the remaining 24%. Selectman Walker commented that the realization is there is no outside money, personnel and services will suffer and at some point we will have to go the citizens for relief.
Kostro advised that the compliance and safety feasibility study had been completed on the highway facility. When the report is submitted, the facility will have to be closed. Cost estimates were as follows: to make safe $640K, safe and compliant $959K, safe, compliant and functional $1.4 million and to raze and rebuild $2.4 million. Alternative space for repairs, offices, etc. are being investigated.
The RFP for the proposed sale of town owned land at 3 Temple Boulevard was submitted to the Board for review. Selectman Walker moved to accept the RFP for review and table the vote to the next meeting, seconded by Selectman Bear and opened to discussion. Selectman Keller commented that several meetings and votes have been held on selling properties and we keep putting it off. She suggested a committee be formed to look into the town’s excess properties. This is the only way to fund capital expenditures such as repair to the highway facility, she noted. Selectman Bear agreed, noting that this has been going on since “04 and we continue to drain our reserves while properties deteriorate and loose value. Marty Saradjian of 2
Fordham Way suggested the Wildlife Refuge be offered the Temple Blvd. property again and he felt the town needed to look into Federal, State and Non-Profit grants like other surrounding towns. Remley advised that Wildlife was offered the property at market price and payment in lieu of taxes. They had the property appraised and advised they were not interested. Kostro countered the grant statement saying Doug Packer and his staff had secured $2.5 million in grants for Larkin Mill, Newman Road and the sandbag project on P.I. Martha Taylor has also brought in grant monies for the Lower Green and other small projects. Peter Saradjian of 4 Fordham Way suggested some viable alternatives such as establishing a toll for access to the beach, parking fees for all open parking spaces, and enforcing the pooper scooper law. G. Schoene of 7 Jackson Way questioned restriction on
building as part of the water/sewer agreement and suggested that local citizens help with grant writing. Selectman Bear noted that the PIOD allows for 4% growth or 24 new houses in Newbury. The motion to accept the RFP for review and table any action to the next meeting was voted by Bulgaris, Bear and Walker. Selectman Keller abstained.
Brian Buia of Apple Associates, representing Michael Kellan of 8-39th Street presented a plan to build a public boardwalk on town land for access to the beach through 39th Street at no cost to the Town. This is a part of his submission to Conservation to allow him to build a single family dwelling on his land. Buia noted that the property is not in the flood zone, the proposed dwelling meets all applicable zoning regulations and will have no impact on the coastal dunes.
The boardwalk would provide offsite mitigation to restore what is lost by building on the lot. Selectman Walker moved to discuss the proposal for a boardwalk on 39th Street and ask the recommendation of the Conservation agent, seconded by Selectman Bear. Doug Packer advised that the proper sequence of this application should be Building Inspector for a building permit, ZBA if needed, possibly Planning for extension of the street and then conservation matters. Martha Taylor cited Section 97-4.D (5) (g&h) of the Zoning Bylaws (P.I. Overlay District) which she noted would apply to the dwelling not to the boardwalk in question. Parking during construction was questioned and Buia noted they had not fully addressed this issue, it was possible they might
request an easement from neighbors. Selectman Walker moved to deny the proposal for a boardwalk at this time as it is putting the cart before the horse, seconded by Selectman Bear and voted unanimously. Buia was directed to have his client follow Packer’s suggestion and file for a building permit to start the project. When all approvals and permits are in place that would be the time to appear before the Selectmen with a plan for a boardwalk, it was noted.
On a motion by Selectman Bear, seconded by Selectman Keller, two zoning (definition changes) articles were accepted for the STM warrant, voted unanimously. The public hearing on these articles was held on September 16th.
A request from Save the Lower Green Committee (Essex County Greenbelt Assoc.) to hold a Harvest Festival on the Lower Green over the Columbus Day weekend (Saturday, Sunday, Monday) was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Jeff Janvrin appeared before the Board to contest a ticked he received for digging small clams. Newbury has a ‘0’ tolerance regulation. Janvrin was advised that he could appeal the ticket to District Court. Complaints regarding the possibility of changing the regulations to agree with the State laws and conflicts of interest by the Fish Commissioners were duly noted. Information and recommendations will be solicited from the Fish Commissioners.
In regards to the sale of excess property, Selectman Keller moved to establish a “Town Owned Surplus Property Dissolution Committee”, seconded by Selectman Bear. She advised the task of this committee would be recommending a business plan to liquidate excess real property owned by the town, establishing a list of such available properties, obtaining market valuations, and recommending priorities of which to sell. The committee should be made up of one or two Selectmen, one or two FinCom members and at least one other individual with property sales experience. The Procurement Director, Counsel and other department heads will also play vital roles as needed. A chairperson will be elected and all meetings will be posted, agendas posted
and minutes taken. Once the committee is formed, there are some details to be shared by the Ad Hoc Committee with regard to beach front property consideration. The motion was voted unanimously. Audrey Keller, Chuck Bear, Frank Remley, Dick Passeri and Kathleen Pearson were all nominated for appointment on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
Selectman Keller also moved to establish a Joint Task Force consisting of the Selectmen and Finance Committee to determine actions needed to ensure short and long term fiscal stability to the Town, seconded by Selectman Bear. Keller noted this task force will recommend a specific plan as to alternative measures that should be considered to address and resolve the present and future financial crisis facing the town. Talking points should be readied to present, educate and discuss at a series of focus groups of Newbury taxpayers. Specific points to be included are: where we are, how we got there, what the future looks like, what alternatives we have to resolve our short and long term financial needs. It must be emphasized that Newbury
is at a proverbial cross-road in our ability to continue to effectively manage, maintain and govern our town. The motion was voted unanimously. The five members of the BOS, Frank Remley, Bob Connors and Dick Passeri were appointed to the Joint Task Force on a motion by Selectman Keller, seconded by Selectman Bear and voted unanimously. The entire Finance Committee was invited to take part in this task force if they choose.
On the recommendation of Father Sears Park Committee, Jon Bursaw, Lorraine Connelly, Barbara Murray and Elizabeth Szymanski were re-appointed to the committee on a motion by Selectman Bear, seconded by Selectman Walker and voted.
October 26, 2010 at 7 p.m. at NES was officially set as the date and time for the STM on a motion by Selectman Bear, seconded by Selectman Walker and voted.
A request from the Jeanne Geiger Crisis Center to place a banner on the Upper Green back stop to advertise their 19th Annual Walk Against Violence and 5K run was denied on a motion by Selectman Bear, seconded by Selectman Walker and voted. At this time signs are limited to public safety notices for the town.
A request from 1st Parish Church to hold a service and blessing of the animals on the Upper Green on Sunday, October 17th from 10 a.m. to 1 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted.
A memorial for September 11th presented by Selectman Keller was tabled to the next meeting.
Permission to include notices of the polling change in Byfield with the tax bills was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted.
The minutes of the September 7th and September 16th meetings were accepted as presented on a motion by Selectman Bear, seconded by Selectman Walker and voted.
It was voted unanimously on a motion by Selectman Bear, seconded by Selectman Walker to close the warrant and sign it for posting on Tuesday, October 5, 2010.
It was moved by Selectman Bear, seconded by Selectman Walker and voted unanimously to authorize Selectman Story to sign the letter of support for the Open Space and Recreation Plan.
Fish Commissioners Colby and Thistlewood addressed the board regarding the Janvrin ticket for taking small clams. The Board asked the Commissioners to review their regulations and make recommendation to the Selectmen which should include information from surrounding towns on how their limits are established.
The meeting was adjourned at 9:55 p.m. on a motion by Selectman Walker, seconded by Selectman Bear and voted.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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