BOARD OF SELECTMEN’S MEETING
MARCH 22, 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, Keller, Walker and Acting TA Anthony Penski.
The legal notice for a public hearing was read by Selectman Keller. Planner Martha Taylor noted that the two properties being considered as surplus were 87 Middle Road (Lot R36-9) containing .93 acres and 139 Hay Street (Lot R25-12A) containing .75 acres. Taylor advised that 87 Middle was a vacant lot in the A/R district with some wetlands, valued at $144K. Comments from the public were solicited and there were none. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to declare this lot as surplus property. Taylor addressed 139 Hay Street which she noted was a vacant lot with wetlands and some upland, valued at $11K. Bruce Webster advised that it was possible this lot belongs to his father-in-law,
David Ross and he referenced a deed from 1959. Town records show from 1963 and there was some confusion regarding the location of the property. The Assessor’s data base does not show this ownership. It was moved by Selectman Bear, seconded by Selectman Keller and voted unanimously to postpone action on this lot until the next meeting to allow time to check on the details and for Webster/Ross to produce documents showing ownership.
Two letters from the 375th Anniversary Committee requesting permission to disperse the remainder of their funds from sales were tabled until the next meeting to allow Acting TA Penski time to follow up with Angel and the DOR on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
Troop 44 Scouts Shaun and Brendan Wallace gave a brief description and update on their “Eagle Scout” projects. Shaun’s project in conjunction with the Conservation Commission is to repair the trail behind the Central Street fields and to build a small bridge. He estimated the work will take approximately 100 hours. Brendan’s project is building roll-up mats to provide walkways on five rights of way to the beach. He noted he is soliciting donations of materials and funds and arranging for volunteers to help with the project. Shaun and Brendan were thanked for their updates and wished well for the completion of each project.
Acting Town Administrator, Tony Penski, addressed the extension of Giusti Hingston’s contract for an additional three years at no increase which had been discussed with Kostro at his last BOS meeting. As the cost is $25K per year, a vote and signature of Chairman Story is needed, he noted. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to extend the auditors contract and authorize Chairman Story to sign on behalf of the Town. Penski distributed copies of his preliminary report to the BOS concerning the IG’s March 2011 report regarding “assignment of moorings to private businesses in Newbury”. Selectman Walker presented a snap shot in time and brief history of the establishment of the advisory task
force and issues addressed. He noted that some of the task force recommendations were accepted but it was stated in the minutes that the recommendations would be tried for only one year to see if they worked. At a later date the BOS learned of the IG inquiry. At the February 8th meeting of the BOS, after a presentation and report from the Harbormaster that the new fee schedule was not working, I moved to reinstate the ’09 fee schedule, he noted. Concerns were raised that we should wait for the IG’s report and it was voted to not make any changes until the report was received. The IG’s report recommends forwarding their report to the State Ethics Commission and acting on the 2011 mooring fees including reinstating the commercial mooring fee. To that end I propose two motions. I move to instruct Town Counsel to prepare and take such steps as
necessary to implement the actions and recommendations of the IG report and to craft a response to the State Ethics Commission, seconded by Selectman Keller and voted by Bear, Bulgaris, Keller and Walker. Chairman Story did not vote. Secondly, I move to resubmit my motion made on February 8, 2011, and also as recommended by the IG report, to reinstate the 2009 fee schedule including fees for non-powered boats, seconded by Selectman Bulgaris and voted by Bear, Bulgaris, Keller and Walker. Chairman Story did not vote. Walker advised that this was all public record and is now in the Harbormaster’s lap. It was asked how many recommendations from the report would be implemented. Walker advised the Harbormaster works under the Police Chief who answers to the TA and if you read 310 CMR you will see it all falls on the Harbormaster. The question was asked if the
Harbormaster would have jurisdiction over the moorings and Walker noted that the IG report asks DEP to re-craft their statement on grandfathering. This will not be a BOS decision. Penski added that the BOS have never voted to grandfather anything. Nothing further will be addressed until the Ethics Commission makes their report.
After extensive review the Strategic Financial Planning Task Force reaffirmed their recommendation for an override of $950K. It was noted that this would result in an increase to the average household of approximately $320/year on their taxes. It was moved by Selectman Keller, seconded by Selectman Bear and voted unanimously to place a request for an override in the amount of $950K on the May ballot. The Finance Committee, Task Force and especially Frank Remley were thanked for their time and dedication addressing this problem.
A request for use of the Lower Green on June 11 & 12, 2011 by the Save the Lower Green Committee was addressed by Lon Hachmeister, member of the Committee. Hachmeister advised that proceeds of this “Heritage Fair” event will be used towards funding a “save the lower green initiative” in conjunction with Essex County Greenbelt. He listed the events planned for the fair which includes firing a cannon at the conclusion of the event. He was advised that this must be cleared through the Fire Chief and Police, Fire and the Board of Health should be kept in the loop for all activities. A list of requests from the Committee was also discussed. Overflow parking in the Newbury boat launch parking lot was denied as this is the start of a
busy season there. Hachmeister’s request for the donation of a woven blanket for their silent auction was directed to the Sons and Daughters of the First Settlers who have a woven throw offered for sale. It was moved by Selectman Keller, seconded by Selectman Bear and voted unanimously to allow the Save the Lower Green Committee to hold their “Heritage Fair” on the Lower Green on June 11 & 12, 2011 with the understanding that the boat ramp parking lot may not be used for overflow parking and firing of the cannon must be approved by the Fire Chief.
The Board approved the nomination of Carol Larocque as Inspector of Animals on a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously.
Use of the Upper Green as a rest stop on August 20th by the North Shore Cyclists for their annual Blazing Saddles Ride was approved on a motion by Selectman Keller, seconded by Selectman Walker and voted unanimously.
A one-day liquor license for Protection Fire Co. #2 for a function on April 2, 2011 from 6 p.m. to 12 midnight was granted on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
The Board acknowledged the receipt of the 2010 annual license fees from Comcast in the amount of $1,249.
The minutes of the March 8th meeting were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously.
The Board authorized an insert in the April 1st tax bills for the Friends of COA on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously.
Jen Brown, Director of the Library, updated the Board of the condition of the playground at the Library. Due to safety concerns and a complaint from a parent, the playground has been closed until funding can be found to replace the wood fiber base. Bruce Webster suggested asking for help from organization like the Boy Scouts and Girl Scouts. Perhaps it could be an Eagle Scout project, he noted. Brown advised that April 30th is opening of Little League and there will be hundreds of children in the area. Something more that police tape and signs may be needed to keep the children out of the area. The Board will ask Tim to see what he recommends for a more permanent closure until the fiber base can be addressed.
Chairman Story advised that FEMA will be holding public hearings on the modifications to the new FEMA map and anyone interested should attend. A copy of the new map and information of the hearings is on file with the Conservation Commission.
Warrants were signed for the Town Administrator.
Discussion on the search for a new Town Administrator ensued. Selectman Keller noted that three candidates were interviewed by the Board on March 15th. She thanked the search committee and John Wilkinson of the Personnel Board for moving the process along so quickly. Keller put forward Pam Nolan as her first choice, citing her work in a coastal community, certified purchasing agent, and experience. She noted that her second choice would be Tracy Blais who is a qualified Finance Director but had little experience as Town Administrator. All three candidates had excellent qualifications, she commented. Bear advised due to the financial resurrection Blais had accomplished in W. Newbury and glowing reports from
residents there, he would recommend Blais for the TA job. Walker noted he had carefully looked at the three candidates, had considered the background reports, and had made inquiries throughout the general public and his first choice would also be Blais. Bulgaris agreed that all three candidates were qualified but in his mind the one that best fits in Newbury is Blais. Story praised Chief Reilly for the thorough report he compiled on the candidates and noted that it had been very helpful. He agreed that Blais would be a first choice. It was moved by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously to offer the position to Tracy Blais subject to the negotiation of a contract agreeable to both sides. It was also voted to allow Story and Penski along with John Wilkinson of the Personnel Board to work out the terms and conditions of a potential contract.
Kathleen Pearson asked if the Selectmen would object to clumping the surplus properties together to advertise their sale in an effort to save money. The Selectmen agreed that this would be a good idea. Martha Taylor addressed eight properties on the list recommended by the Surplus Property Committee and suggested bundling them into four public hearings, dates to be determined. She also recommended putting out one RFP on the four P.I. properties that had previously been declared as surplus in an effort to save time and money. It was agreed that this would work well going forward and public hearings could be scheduled for the next few BOS meetings as needed. Pearson and Taylor were thanked for all the work they have done on these
properties.
The meeting was adjourned at 8:47 p.m. on a motion by Selectman Bear, seconded by Selectman Keller and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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