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Board of Selectmen's Meeting Minutes 7-10-12
BOARD OF SELECTMEN’S MEETING
JULY 10, 2012


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

A letter from Sam Joslin regarding erosion concerns in the area of Annapolis Way, urging the home owners to take any necessary actions to legally protect their homes, was read and the matter was open to discussion.     Bob Connors of Annapolis Way presented a “Declaration of Emergency and Administrative Order” for the Boards consideration and signatures.  He noted that in June 2010 Undersecretary of the EOEEA Griffiths acknowledged the P.I. Beach Scraping Workgroup Report and committed continuing assistance to the Town to minimize and mitigate the impacts of erosion.    DEP, however, issued a stop work order on any beach scraping.     MRBA has long range plans in place for hydraulics and jetty repairs but an immediate protection plan is needed.     Tonight we are asking the Board to issue a “Declaration of Emergency” and to ask Governor Patrick to grant waivers for water quality permits to allow quick response measures for shore line protection.      Chairman Story asked if there were any questions.     Selectman Mountain stated he would like to put off the decision to allow Counsel to look at the declaration before signing and he would also like a recommendation from Conservation with possible options.     Story noted that what he was hearing is we need to move quickly due to the imminent danger of hurricanes and winter storms.    Connors advised there was a laundry list of possible protective actions as one size does not fit all.   Beach scraping will not work on some properties.    All they were seeking tonight was a signed declaration, no funding.   Conservation will decide next week where we go from here.    He also presented a signed petition in support of the declaration for the Selectmen to review.   Story advised that Senator Tarr was looking at mitigation assistance from the State and other avenues are being sought.     Tarr has viewed the erosion on the beach and is pushing MEMA for action.    Story added he was in favor of signing the declaration due to the urgency of Sam’s letter.   Walker noted he believed the people need this to protect their homes.  If this emergency cert allows safeguards to homes, I’m all for it.   Bulgaris agreed he would honor the request for the declaration and encourage the residents to seek proper permitting.     Sam Joslin advised that while this declaration was initiated by Annapolis homeowners, he would like to ensure it encompasses all of Plum Island.     Selectman Bear moved to endorse the declaration as presented, covering all of Plum Island, contingent on Counsel’s review and approval, seconded by Selectman Bulgaris and voted unanimously.     A communiqué will be sent to the Governor’s office requesting his aid in procuring assistance from the EEA to allow quick response measures for shore line protection and dune restoration.

TA Blais advised that she and Sam Joslin had been working with Mark Friery of AmRess (American Renewable Energy & Sustainability Solutions of Newburyport) on a potential solar energy plan.     A study agreement with a non-binding letter of intent giving AmRess an exclusive six month commitment at no cost to the town was submitted for the Board’s review.    Selectman Walker moved to accept the agreement, seconded by Selectman Bear and open to discussion.      It was noted that Counsel had reviewed the agreement and it was in order including the six month term.  Mr. Friery spoke on who AmRess was and their intentions.  He noted that three sites are being considered with the Central Street property being most viable.   The project includes plans to sell energy or utility credits produced by the facility to a third party.     This agreement establishes AmRess as the sole company evaluating these properties for the installation and operation of such a facility during the agreed six month period.    A more formal lease agreement would need to be negotiated if the investigation proves fruitful.    The first step will be to bring in environmental engineers to create an artist’s rendering of the project, he noted.    The motion to accept the agreement was voted unanimously.

TA Blais advised that Giusti & Hingston had completed the FY2011 financial report and our year end closing of FY12 is underway.      She noted that the Triton School Committee had voted unanimously to budget $15K for the retention of the School Officer.     A public safety inspection report compiled by Bob Connors will be reviewed by the committee at their next meeting on the 19th.     Martha Taylor is applying for a Mass Works grant for the Byfield District project prior to moving forward with engineering plans. Year end transfers approved by the Finance Committee were presented for the Selectmen’s signatures for the following:
·       $250.20 transferred from BI Salary to CC Salary
·       $992.40 transferred from Legal Services to Inspectional Service fees
·       $2,293.03 transferred from Town Accountant Exp. to Treasurer’s Exp.
·       $47.66 transferred from COA Wages to COA Exp.
·       $379.82 transferred from Town Accountant Wages to Treasurer’s Salary & Wages
·       $799.76 transferred from Town Accountant Wages to Town Clerk’s Salary
·       $2,417.67 transferred from Police Wages to Police Exp.
Selectman Bear moved to approve the transfers as presented, seconded by Selectman Bulgaris and voted unanimously.

David Santomenna of Essex County Greenbelt presented a Conservation Restriction for review and approval for the Scotland Woods project located off Highfields Road for the portion of the property to be set aside as open space per Planning Board requirements.  It was moved by Selectman Mountain and seconded by Selectman Bear to approve the Conservation Restriction with the stipulation that recording responsibility would be placed on the grantor and not the Town.    Public access, beaver dams, hunting and fishing rights and maintenance of the property were all discussed.    The motion was voted by Selectmen Mountain, Bear and Walker.    Selectman Bulgaris voted opposed a there was no comprehensive management plan in place for the property.

The Form A for the Yellow School tabled at the June 26th meeting was again addressed.    Martha Taylor asked that the Board vote to authorize Chairman Story to sign the Form A, with the lot line change, for the RFP on the Yellow School and she also asked Selectman Bear to contact the Perraults regarding the drainage easement over their property.     This easement is now shown as proposed on the Form A which is just for the lot line sign off to move forward with a sale.     Kathy Pearson noted that the Perraults easement does not affect the lot line change.     Selectman Bear moved to authorize Chairman Story to sign on behalf of the Town, seconded by Selectman Bulgaris and voted unanimously.

The minutes of the April 4, 2012 Tri-Town Meeting were accepted as presented on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted by Selectmen Walker, Bulgaris and Story.     Selectmen Mountain and Bear abstained as they were not present at that meeting.

The minutes of the June 26th Selectmen’s meeting were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Mountain and voted by Selectmen Walker, Bulgaris, Story and Mountain.    Selectman Bear abstained as he was not present at the meeting.

On the recommendation of Chief Reilly, Tim Leonard was reappointed as Assistant Emergency Management and Special Police Officer on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.

Attorneys Ginny Kremer and John Bowman were appointed as Associate Town Counsels on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.

Warrants were signed for the Town Administrator.

Selectman Mountain asked if anyone had followed up on the June 26th request from Abigail Woodbury for rental of the Yellow School and was advised that Martha Taylor had written to her asking for clarification of her intentions.

Chairman Story asked Heidi Fram if it was possible to hold a fund raiser for repairs to the Grange Hall roof.    Heidi said it was certainly possible and they were also researching available grants.

Chairman Story noted that the jetty project was moving forward and a meeting was scheduled at the Wildlife building on Friday at 10 a.m.

Selectman Bulgaris advised he had attended a Board of Fire Engineers meeting and budget cuts are drastically affecting weekend responses.    If Byfield has no ambulance coverage Newburyport or AMR must be called and there could be dire consequences.     The Fire Departments maintain funds for their vehicles and buildings and will be in trouble if these funds are used for salaries.      We need to replace these budget cuts as soon as possible, he noted and should probably bring it up again at the Fall Town Meeting.     Weekends are the big problem now but we need to make the people aware of pending problems.    Selectman Walker commented that the fire departments are quasi-private and we don’t always hear about their problems in a timely manner.     Selectman Mountain suggested they start serious talks in September prior to budget season and perhaps have a joint meeting with the Fire Companies.

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.