BOARD OF SELECTMEN’S MEETING
JULY 12, 2011
Chairman Story called the meeting to order 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.
At the request of Attorney Griffin, representing Henry Becker, the public hearing on his application to allow 1 Little’s Lane to be used as a bed & breakfast was again continued to the next meeting.
Town Administrator Tracy Blais requested the Board appoint Leslie Haley as Acting Town Clerk. The motion to appoint Haley as Town Clerk was made by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously. Blais announced she had received a notice of resignation from Jen Brown, Library Director stating she would step down effective September 2, 2011. Her resignation was accepted with deep regret. An agreement for shared services with Newburyport pursuant to GL Ch.40, section 54A for Doug Packer, Conservation Agent was presented for review and will be addressed at the next meeting. The following year end transfers between departmental appropriations in accordance with Ch. 44, section 33B of the MGL were approved on a
motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously:
Police Wages to Police Expense $5,000.00
BOH Expense to BOH Wages $ 50.64
Town Clerk Expense to Elections $1,969.89
Accountant’s Salary to Assess. Wages $ 248.14
On the recommendation of the Finance Committee the following persons were appointed to the Capital Planning Committee on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously: Tracy Blais, Anna Tenaglia, Robert Connors, Frank Visconti and Kathleen Pearson. Blais advised that September 27, 2011 was tentatively set as the date for a Special Town Meeting as Counsel will be unavailable for the month of October. Kathleen Pearson expressed concern that the Planning Board would be unable to address possible zoning changes in this short time, especially those for the potential sale of the Yellow School building. After a brief discussion, it was decided that the sale of this building would be put off until spring to allow time to
properly address zoning issues. Blais advised that after receiving bids, the Town’s insurance had been switched to MIIA who specializes in municipalities. While not much of a cost saving MIIA offers many incentives and grant programs to towns and cities, she noted.
Selectman Walker submitted to the Board for review a MOA between the U.S. Department of Commerce National Oceanic & Atmospheric Administration and the U.S. EPA. Walker advised that due to the vigilance of our Conservation Agent, Doug Packer, this document was brought to his attention. While the intent looks benign, it could have implications on our town, he noted. Packer spoke briefly on some of his concerns with this memorandum of agreement (MOA). Walker moved to table action on this issue to the next meeting to enable review by the Board and to consider the possibility of drafting letters to our Legislators asking what the implications may be to Newbury, seconded by Selectman Bear and voted unanimously. Packer was thanked for bringing this
document to the Board’s attention.
On a motion by Selectman Walker, seconded by Selectman Bulgaris it was voted unanimously to support a homeowner’s appeal to FEMA regarding the Draft FIRM (Flood Insurance Rate Maps) at no cost to the Town. A letter will be drafted for review and signatures asking that FEMA use the most current and accurate topographical data, delineate the “Primary Frontal Dune” in a manner consistent with FEMA regulations and use proper and consistent placement of transects.
Tom Hughes of Hughes Environmental and Attorney Brennan (attorney for the appeal) spoke briefly on the issues at hand and contents of their appeal to FEMA on behalf of the P.I. homeowner who is funding this appeal process.
Historical Commission appointments were put off to the August meeting due to vacations.
Approximately thirty residents and boaters attended the meeting to again question why Terrence O’Malley was not reappointed as an Assistant Harbormaster. They presented a petition to each of the Selectmen signed by 197 residents and boaters in support of O’Malley. Chairman Story stated that when annual appointments run out, it is the prerogative of the Selectmen to reappoint or not without providing a reason why. The residents in attendance pushed for more information noting they had presented 197 reasons why he should be reappointed. Bonnie Patch of Byfield commented that she understood the Selectmen did not have to justify their decision, but then we are left to guess at the reason – could it be age discrimination or is this a
whistle-blower situation? Selectman Mountain moved to reappoint O’Malley but there was no second so the motion was defeated. Harbormaster Stokes spoke in favor of O’Malley’s appointment noting the recent controversy on moorings which has divided the Town and hoping this could be an opportunity to bring closure to a difficult situation. Ken Shea of Byfield noted that O’Malley is safety conscious and spends most of his time on the docks. If there have been some negative complaints it is because he is there most of the time, he stated. After more than an hour of discussion, Story stated that the decision stands tonight. I will consider your comments and if anything changes we will put the matter back on the agenda. Kathryn Carnovale of Byfield threatened that the issue would not end here. If we walk out of here now, it is not longer a
cost-neutral situation.
The appointment of David Powell as MVPC Commissioner was again addressed. Chairman Story advised that according to regulations it is the onus of the Planning Board to make this appointment. He noted that he had spoken with Powell and a meeting with DiZiglio and/or McIntosh of MVPC will be arranged to discuss the Town’s expectations.
The minutes of the June 28th meeting were accepted with one correction on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
A request from “Save the Lower Green” to hang a banner on the northeast corner of the Green for the month of August was granted on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously. The group will be notified of the time constraints and care of banners on the Green.
A letter from Superintendent Farmer of TRSD regarding the Building Inspectors report on the status of safety systems at NES was read and filed.
Warrants were signed for the Town Administrator.
Updates were given on the Byfield Village meetings and a request from Doug Packer for a meeting @ PITA Hall to discuss the status of a permit on the Town’s Order of Conditions for the area south of groin one was addressed.
The meeting was adjourned at 9:15 p.m. on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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