BOARD OF SELECTMEN’S MEETING
OCTOBER 8, 2013
Chairman Story opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bulgaris, Bear, Mountain, Walker and Town Administrator Tracy Blais.
Under “board and committee reports”, Planner Martha Taylor reminded the Board of the continuation of the joint special permit/site plan review for 67/69 Newburyport Turnpike scheduled for Wednesday, October 16th at 7:15 p.m.
Town Administrator Tracy Blais presented a job description for the Fire Department’s Senior Support Staff for review. Selectman Bulgaris will bring this to the Board of Fire Engineers for comments and recommendations. Blais advised that “no action” has been recommended for Article #4 on the STM warrant. This new alarm system will be taken up again at the ATM. Chairman Story noted that there has been misinformation circulated regarding this change. We are only moving forward to a better system using wireless rather than hard wire. Selectman Bulgaris commented that the Capital Planning Committee is involved to insure this new system can be used if and when a new public safety building is approved.
A request for an entertainment license for the Plum Island Grille for Thursday evenings from 6-10 p.m. for twelve consecutive weeks beginning October 31st was approved on a motion by Selectman Walker, seconded by Selectman Bulgaris and there being no questions or discussion voted unanimously.
A request for a one-day liquor license for Boston’s Best Bartending for a function at SPLF on October 26th from 3-9:30 p.m. was approved on a motion by Selectman Walker, seconded by Selectman Bulgaris and there being no questions or discussion voted unanimously.
A request for a one-day liquor license for Protection Fire Co. #2 for a function October 20th from 2-6 p.m. was approved on a motion by Selectman Walker, seconded by Selectman Bulgaris and there being no questions or discussion voted unanimously.
A request for a one-day liquor license for SPLF for an event on October 19th from 12-6 p.m. was approved on a motion by Selectman Bulgaris, seconded by Selectman Walker and there being no questions or discussion voted unanimously.
Recommendations for an appointment to the Board of Registrars from the Republican Town Committee and Town Clerk Leslie Haley to replace Francis Webb (deceased) were taken under advisement and the decision tabled until the next meeting. Candidates for consideration are Merrill Beckett, Donna Finigan, Nancy Jones and Sumner Meisenheimer.
A new Class II license for Steve’s Service Inc., 52 Main Street, Byfield was approved on a motion by Selectman Bulgaris, seconded by Selectman Mountain and there being no questions or discussion voted unanimously.
Fish Commissioners Janvrin and Thistlewood recommended the clam regulations relating to the taking of undersized clams be changed from “0” tolerance to meet the State regulation of 5%. Chairman Story read a memo from Counsel Kremer regarding potential conflict of interest with respect to the Clam Warden and Fish Commissioners and how to reconcile their participation in these positions. Kremer’s opinion noted that state law prevents municipal employees from participating in matters in which they have a financial interest. The shellfish constable is appointed and law provides he may submit a formal disclosure to his appointing authority (BOS) who can permit certain decisions or attach appropriate conditions. Once completed and filed this form is part of the
public record. Colby has filed a disclosure form for his position as shellfish constable. The process for elected officials is more onerous. The Fish Commissioners must contact the state directly with any questions they may have. It was suggested the Town attempt again to make the position of Fish Commission an appointed position. This would simplify the process and disclosure forms could be filed. An attempt in 2011 by then Counsel Penski to make this change was voted down. Selectman Mountain noted that the BOS approves the regulations so he could see no reason why any changes cannot be held off until after the ATM. We will live with the regulations as they are until that time. The Selectmen will also take the responsibility of signing commercial licenses in March to deter any conflict of interest.
Janvrin and Thistlewood asked about being appointed “deputy constables”. Blais advised she would refer this matter to the Personnel Board for a job description.
The minutes of the September 10th meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Walker and voted 3-0. Selectmen Bulgaris and Mountain were absent from this meeting. The minutes of the September 24th meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted 3-0. Selectman Story and Walker were absent from this meeting. The minutes of the October 1st meeting were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted 4-0. Selectman Bear was absent from this meeting.
The Board approved the media forms presented by the Media Committee. Selectman Mountain noted these forms would be used when people seek to display messages or a show on the Newbury Channel. Kaleb was commended for the fine job he has been doing putting together shows.
A letter of complaint from the Rowley Finance Committee to the Triton Communications Committee addressed their rescheduling of meetings to afternoons rather than evenings. The Board agreed the evening time better suited participation in these meetings and will request the Communication Committee reconsider this change. A motion was made by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously to send a letter to the committee and ask that they reconsider this matter.
A letter of request from CZM for responses for land acquisition projects was read and filed.
Warrants were signed for TA Blais.
At 7:55 p.m. a motion was made by Selectman Bulgaris to enter into executive session to discuss strategy with respect of litigation because an open meeting may have a detrimental effect on the litigating position of this body, seconded by Selectman Walker. A roll call vote was taken: Bear, yes; Bulgaris, yes; Mountain, yes; Walker, yes; and Story, yes. Chairman Story advised that the meeting would not reconvene at the conclusion of the executive session.
At 8:15 p.m. the executive session was closed and the meeting adjourned on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously 5-0 by roll call: Bear, yes; Bulgaris, yes; Mountain, yes; Walker, yes and Story, yes.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
BOARD OF SELECTMEN
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