BOARD OF SELECTMEN’S MEETING
NOVEMBER 29, 2011
Vice Chairman Michael Bulgaris opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Bulgaris, Bear, Mountain, Walker and Town Administrator Tracy Blais.
Susan Beckman and Lynnette Fallon, members of Tax Reform for Education Inc. gave a brief presentation of their project which concerns the financial crisis of our Massachusetts school districts and the methodology used by the state to fund our public schools. Ms. Beckman noted that school funding methodology has evolved in a manner contrary to our state constitution. Funding must be raised in a reasonable and proportionate manner that treats all taxpayers fairly as intended by the MA constitution. Tax Reform for Education plans to file a lawsuit in the MA Supreme Judicial Court arguing that MGL Chapter 70 is unconstitutional. Legislative reform has been tried with no result. A 1993 landmark decision, McDuffy v. Secretary, held that the
Commonwealth has a constitutionally enforceable duty to provide all public school students with a quality education and this victory was the prime force behind the passage of the Mass Educational Reform Act of 1993. Beckman noted they were laying out their case to individual communities to raise awareness and asking for grass roots support of their project. Questions from the audience were fielded and Ms. Beckman and Ms. Fallon were thanked for their time and presentation.
At 7:25 p.m. Vice Chairman Bulgaris read the legal notice for the tax classification public hearing. Assessor Budd Kelley advised that at 4:30 p.m. today our values and new growth were certified by DOR. The Board of Assessors recommended a single tier tax rate, no small commercial exemption, no open space exemption and no residential exemption. Selectman Walker moved to accept the recommendation of the Assessors as presented and to authorize Town Administrator Tracy Blais to sign electronically all necessary documents, seconded by Selectman Mountain and voted unanimously.
Town Administrator Blais noted that the 73 Old Point Road surplus land sale had been finalized. Sam Joslin is addressing capital repairs here at town hall, the Woodbridge School, Byfield Yellow School and the DPW facility. The punch list for the DPW buildings is close to completed. The Larkin Mill building has been re-posted “no trespassing”. The tax taking process is ongoing with forty eight accounts being advertised. Blais advised that the Firemen’s Memorial Hall and PITA Hall have been offered as alternative polling locations for Precinct 1. The Town Clerk’s preference is the Firemen’s Memorial Hall on Morgan Avenue due to the proximity to Town Hall. It was moved by Selectman Walker, seconded by Selectman Bear and voted unanimously to move Precinct 1’s polling location from the Town Hall to the Firemen’s Memorial Hall on Morgan Avenue starting with the next scheduled election.
Doug Packer, Conservation Agent, addressed the Larkin Mill Dam and outstanding issues. He noted that meetings with the Byfield Water District representatives had failed to ease their concerns. However, his recommendation was still one of the two removal scenarios, preferably complete removal of the dam and application for grants for design to move this project forward. Selectman Bulgaris advised that the Board had received letters from Byfield Water District, the Byfield Fire Department and the Board of Fire Engineers all of whom do not support removal of the dam. Selectman Walker asked Eric Hutchins of NOAA and Tim Purinton of Department of Fish & Game if they had met with BWD to discuss the options presented and
they acknowledged they had but no technical information was offered by BWD to back up their concerns. Hutchins noted that doing nothing leaves the Town with a major liability. We are only here to present the findings of the feasibility study and not to make recommendations. Selectman Walker commented that it was difficult for him to take a stand after receiving notice from the BWD that they did not support removal of the dam. David Powell noted that the three letters show no reasons for non-support and have no substance. Selectman Bulgaris advised that Doug’s report shows the reasons for non-support i.e well point contamination and containing a chemical spill on I95. Selectman Mountain stated that the storm drains on I95 feed away from the well fields down stream and both oil and gas will float and not sink to the bottom into the aquifer.
The place to stop a spill is Larkin Road not at the dam. Selectman Walker noted that this is a complex area. What do we want to do with these letters? Selectman Mountain suggested selling the dam to the BWD and let them take the responsibility and make the decisions. TA Blais advised that a course of action is needed as grant opportunities close next week. We can vote for removal and move forward with the grant application for final design or raise funds for repairs and a fish ladder (approximately $210K to $240K) and establish a daily maintenance program as required. George Comisky of Parker River Clean Water Assoc. recommended removal of the dam. Bill Pearson of BWD stated they had asked for a guarantee that the BWD wells would not be polluted and no guarantee could be given. Selectman Mountain commented that if
the Town does nothing the dam will fail and it might be better to have some control than wait for Mother Nature. It makes sense to have BWD take over the dam and maintenance as the consequences of failure only affect a small percentage of our residents. Selectman Mountain moved to go with the removal option and to file for a grant for final design, seconded by Selectman Bear and open to discussion. Selectman Walker stated he was absolutely in favor of taking the dam out except for the BWD letter asking that it not be removed due to fears of contamination and no guarantees that the water supply will be protected. Selectman Bulgaris noted he would rather see repair of the dam and fish ladder that removal or failure. Selectman Bear also stated he could not support the motion without the support of the Byfield Fire Department and BWD. A vote was taken on the motion to
remove the dam and file for funding for final design. Selectman Mountain voted in favor of removal and Selectmen Bear, Bulgaris and Walker voted opposed. Tim Purinton suggested putting the question before the residents at the next ATM for a vote as it will affect everyone in Town.
Yearly liquor license renewals were reviewed and accepted as follows:
Byfield General Store, wine & malt package goods store, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Mr. Moe’s, all alcohol package goods store, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Oldtown Country Club, Inc., wine & malt common victualer, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Ould Newbury Gold Club, Inc., all alcohol general on premise, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
The Butchery, wine & malt package goods store, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Dick’s Variety, wine & malt package goods store, moved Selectman Bear, seconded by Selectman Walker and voted unanimously.
Corner Cupboard, all alcohol package goods store, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Parker River Pub & Grille, all alcohol common victualer, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Plum Island Beachcoma, Inc., all alcohol common victualer, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Plum Island Grille, Inc., all alcohol common victualer, moved by Selectman Walker, seconded by Selectman Bear and voted unanimously.
D&J Liquors, all alcohol package goods store, moved by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Christmas on the Green will be celebrated on Sunday, December 4th with a tree lighting, Santa Claus, music by the NES chorus and band and hot chocolate and cookies provided by Governor’s Academy. A spaghetti supper will follow at Protection Fire Company #2 on Morgan Avenue.
The minutes of the November 8th meeting were accepted as presented on a motion by Selectman Mountain, seconded by Selectman Walker and voted unanimously.
An invitation for December 1st, 4-7p.m. ribbon cutting and open house of Our Secret Garden Nursery & Preschool at the 1st Parish Church was accepted with gratitude.
The third quarter PEG Access Support payment from Comcast in the amount of $25,340.21 was acknowledged.
Three one-day liquor licenses were approved for Protection Fire Co, #2 for functions on December 3rd 6-10 p.m.; December 4th 4-8 p.m.; and December 10th 7-11 p.m. on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Warrants were reviewed and signed for TA Tracy Blais.
The meeting was adjourned at 8:40 p.m. on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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