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Board of Selectmen's Meeting Minutes 10-11-11
BOARD OF SELECTMEN’S MEETING
OCTOBER 11, 2011

Chairman Story opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag.    In attendance were Selectmen Story, Bear, Bulgaris, Mountain, Walker and Town Administrator Tracy Blais.

Selectman Bear gave a brief final report for the Town Owned Surplus Property Disposition Committee noting that the committee has been disbanded having completed their assigned tasks.    Bear commended the committee for a job well done.    He moved to have a letter of appreciation sent to each member to express the Town’s gratitude for their time and hard work, seconded by Selectman Bulgaris and voted unanimously.

There were no “citizens concerns” as Mr. Palumbo again was a no show

The continuation of the Becker hearing for a B&B at One Little’s Lane was cancelled due to withdrawal of the application by Attorney Griffin representing Mr. Becker.

Town Administrator Tracy Blais reported that at the conclusion of the Special Town Meeting we have a balanced budget with $196,559 remaining in free cash and $87,785 in the stabilization fund.   The next step is to complete the recap sheet in order to set our tax rate.    She noted that bids had been opened and reviewed on the sales of surplus properties.   Selectman Bear moved to accept the following bids:
·       14 Old Point Road (U02-0-150) Joyce and Gary Machiros - $5,000.
·       21 Hutchins Road (U03-021) Peter Dedon and Therese Schmalbach -$30,000.
·       33-16th Tee (U03-0-47) William Noonan - $50,100.
·       34-14th Street (U03-0-37 Deborah Kell and Amy Thurlow - $41,000.
·       73 Old Point Road (U05-0-2) Stephen and Julie Ostrander - $26,000.
·       3 Temple Boulevard (U01-0-191) Ralph and Elizabeth Cox - $550,000.
and to authorize the Town Administrator to enter in purchase and sales agreements with the successful bidders, seconded by Selectman Bulgaris.     Chairman Story asked if there were any questions or comments from the audience on these parcels.   Attorney Mark Mulligan representing Patricia Crowley, one of the bidders on the 73 Old Point Road property, addressed the Board.  He noted that Ms. Crowley purchased her property in 2003 with a shed in place that housed her reverse osmosis system and oil tank.   Her concern is that the shed is located on Town property, the parcel (73 Old Point Road) being sold by the Town.    Taxes have been paid to the Town for the shed since 1990.    Ms. Crowley feels the property was falsely represented to her by the realtor at the time of sale.    She and the Ostranders are interested in this surplus lot as a buffer zone for their properties.   These properties are currently delineated by fences.    Photos of the properties were presented to the Board.   It was noted that the lot being sold is mainly wetlands which flood during certain tides.    Atty. Mulligan stated his client was asking the Selectmen to delay issuing a P&S to allow her an opportunity to work out a solution with the Ostranders.    If not, she may go forward with a land court suit for adverse possession.   TA Blais noted she had spoken with Counsel who advised there was no reason not to move forward with accepting this bid.    Mr. Ostrander who was in the audience said he only hoped he would be given the same consideration as the others who bid on the parcels offered.   Crowley stated she had attended the public hearing and asked about splitting the lot into two but her request was denied.    Kathleen Pearson, Planning Board Chair, noted that it is only one lot and can not be subdivided.    The beach company lots are mentioned for identification purposes only.   Scott Ackerly spoke against the sale of the Temple Boulevard property, noting he felt it was a mistake to sell the Town’s only true public beach.    He also did not think $550K was an equitable price for this property.     Selectman Walker advised that it was a directive from town meeting to sell these properties.    Selectman Mountain amended the motion on the floor to have a separate vote on the Old Point Road and Temple Boulevard properties, seconded by Selectman Bulgaris and voted.    The motion to accept the bids on the first four properties as a group and to authorize TA Blais to enter into a P&S with the successful bidders was voted unanimously.   Selectman Walker moved that based on advice from Counsel the bid on 73 Old Point Road be accepted and TA Blais be authorized to enter into a P&S with the successful bidder, seconded by Selectman Bulgaris and voted by Bear, Bulgaris, Story and Walker.    Selectman Mountain abstained from the vote.    Selectman Walker moved to accept the bid on 3 Temple Boulevard and authorize TA Blais to enter into a P&S with the successful bidder, seconded by Selectman Bulgaris and voted unanimously.     

TA Blais advised the Capital Planning Committee had its first meeting on October 6th.    Bob Connors was elected as Chair of the Committee and they had reviewed their charge.     The committee hopes to complete their task by the spring meeting.    It was moved by Selectman Walker, seconded by Selectman Bulgaris to appoint Selectman Bear as liaison to the Capital Planning Committee, voted by Bulgaris, Mountain, Story and Walker.    Selectman Bear abstained from the vote.      Blais also advised that work on the DPW facility was ahead of schedule with many tasks having been completed.     Software conversion for the Finance Department is being implemented on a staggered basis starting with tax title and betterments and moving on to motor vehicles, boats and finally real estate.    The collective bargaining agreement with the Police Union has been finalized and has been sent to the membership for ratification.

Selectman Walker expressed his concern regarding the Special Town Meeting article to appoint rather than elect some town officials, which was defeated.    He noted that the Clerk’s position needs a highly skilled person and this should not be left to a popularity contest.    He recommended trying again to change the Clerk’s position from elected to appointed by getting more information out to the general public so that they are better informed on the matter.   David Powell commented that it may have been defeated because other positions were lumped together in the article.

The MEMA “mutual aid opt-in agreement” was again tabled to the November 8th meeting to allow Blais and Bulgaris to meet with the Police and Fire Departments to assess their recommendations.

A request for use of the Upper Green on Saturday, October 15th from 11 a.m. to 12 noon as a gathering point for an organized motorcycle ride to benefit the Jed Jackman Scholarship Fund was approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.

The minutes of the September 8th and September 13th meetings were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously.

The request for installation of a dock @ 195R High Road, tabled at the September 13th meeting, was briefly discussed.   It was noted that this area is a unique habitat area and is valuable to the Town.     There was also a concern that an affirmative decision could be precedent setting.    Selectman Bulgaris moved not to grant permission for the dock, seconded by Selectman Bear and voted unanimously.    

Three one-day liquor licenses were approved for Protection Fire Co. #2 for functions on October 15th from 5-11 p.m.; October 22nd from 1-5 p.m. and October 29th from 7-11 p.m., on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously.

A request from the Plum Island Grille to have entertainment on premises for six Thursday evenings, bi-weekly, starting October 13th from 6-9 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.

A request from Triton Class of 2014 for use of the Upper Green for a fundraiser craft fair/yard sale on Saturday, May 12, 2012 from 10 a.m. to 3 p.m. (raid date May 13) was granted on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously.

A letter of appreciation from the “Save the Lower Green” committee was read and a request to display a banner on the northeast end of the Lower Green for the month of October to express their gratitude to all who supported their initiative was approved on a motion by Selectman Walker, seconded by Selectman Mountain and voted unanimously.

A request for consideration of support of HB 1972 was tabled to the October 25th meeting to allow the Selectmen time to review the information.    A letter from NES Recycling Committee/NES PTA regarding a fundraiser for an institutional dishwasher for the school cafeteria was read and filed.   A letter to the Board of Library Commissioners from TA Blais requesting a waiver from the Municipal Appropriation Requirement was read and filed.

Warrants were signed for the Town Administrator.

Kathleen Pearson asked about handling the remaining surplus properties on the list which has at least four good prospects.    It was recommended a public hearing be held on these properties at the November 8th Selectmen’s meeting.    Martha Taylor will take care of the advertising for the hearing.

Selectman Mountain advised that the first Communications Committee/Cable Access meeting is tentatively scheduled for October 18th.

Chairman Story reported on his trip to Washington with Senators Tarr, Costello and Baddour to meet with the ACOE, Senators Kerry and Brown regarding repairs to the jetties.    He also reported on a meeting with Mark Friery and Tom Nee regarding the possibility of qualifying for a Community Development Block Grant for sprucing up P.I. Center.    The Town seems to meet some of the qualifications required and can apply for planning only as a first step.    Selectman Walker briefly reported on the progression of the ACEC regional management plan meetings he has been attending and their work on a regional estuine plan.

The meeting was adjourned at 8:45 p.m. on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously.

Respectfully submitted,

Kathleen Sirois, Admin. Asst.