BOARD OF SELECTMEN’S MEETING
JUNE 11, 2013
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, Town Administrator Tracy Blais and Town Counsel Ginny Kremer.
TA Blais noted that Newbury’s Household Hazardous Waste Day collection would be held at the NES back parking lot on Saturday, June 29th from 9-12. She also advised that the Rte. 1A bridge dedication to John Hayden would be held at the bridge June 21st at 2 p.m. Byfield Days celebration has been postponed to September 7th due to the heavy rains over the weekend. Research has been completed on the Greenhead Control Project. Monies have not been appropriated for this account since 2011, Blais noted. Jack Card of NE Mosquito Control has been contacted and our participation will be reinstated. A year end transfer will be made when the invoice is received. The Board of Health has agreed to allow a partial transfer from the beach management account for this purpose and Gregg Pugh of the Beachcoma has raised $826 for greenhead control. The appropriation for next year (FY14) for “greenhead control” will be made at the fall town meeting. Blais advised that as a
MIIA Awards Program participant, Newbury has earned $5700 towards their insurance payments. In accordance with Chapter 44, section 33B of the MGL the following interdepartmental transfers were approved on a motion by Selectman Bear, seconded by Selectman Mountain and voted unanimously:
· $5,000 from Police Expense to Police Wages
· $5,000 from Essex Regional Retirement System to IT Services
· $5,000 from Insurance Expense to IT Services
· $5,000 from Tax Title & Foreclosure to Plum Island Beach Management
· $5,000 from BOH Expense to Conservation Commission Beach Management
Fire Chief William Pearson was present to discuss mandatory retirement at age 65 for firefighters. Counsel Kremer noted she had researched the law (Chapter 32, section 3(2)(g) and has concluded that the state law leaves no ability to extend retirement past age 65 and there would be potential for liability if allowed by the Town. Selectman Mountain asked about the ability to file a home rule petition. Chief Pearson advised only a few members would be affected. These few don’t go out of town on calls, they dispatch and cover the office. He commented that their insurance coverage has no age limit. The older members are good for the younger members as they have knowledge and can aid with training. Mountain suggested changing their titles so they are not firefighters but perhaps dispatchers. Pearson also noted that the call firefighters are not in the retirement system and not eligible for town benefits. Selectman Bulgaris commented he would like a chance to
study this situation. The BOFE needs to decide how to handle it and possibly file for a waiver to keep the stipend for members over 65. Chairman Story said he would contact Rep. Mirra and Sen. Tarr’s offices and ask them to check with other towns that may have the same situation. Selectman Walker moved to table the matter to the next meeting and instruct Bulgaris to meet with the BOFE and both Companies to get their input for a recommendation to the Selectman, seconded by Selectman Bear and voted unanimously. Counsel will investigate the possibility of a job classification change.
Counsel Kremer advised the Person’s had agreed to the P&S and Preservation Restriction drawn up by the Town for the purchase of the Woodbridge School property. Financing is in place. An executed P&S is needed and all hurdles will have been met after the Historical Commission’s meeting Wednesday. It was moved by Selectman Walker, seconded by Selectman Bear and voted unanimously to execute the P&S. It was moved by Selectman Bear, seconded by Selectman Walker and voted unanimously to execute the Preservation Restriction which will be held in escrow pending approval of the Newbury Historical Commission. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to execute the deed
which will be held in escrow pending release of the funds.
It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to execute deeds for five land sales as follows:
· Hutchins Road to Tyklusky (Assessors Map U03-0-23) for $5,000
· 9-12th Street to Novak (Assessors Map U03-0-87) for $11,250
· 87 Middle Road to McCleary (Assessors Map R36-0-9) for $21,099
· 32-14th Street to White (Assessors Map U03-0-53) for $31,500
· 11-16th Street to Ramsden (Assessors Map U03-0-118) for $28,000
The bids on these sales were accepted by the Selectmen at their 4/23/13 meeting.
Liaisons to boards and committees were tabled to the next meeting. Chairman Story will draw up a list for recommendations from the selectmen.
A listing of appointment renewals was read by Chairman Story. Selectman Bulgaris put a hold on the Finance Committee appointment of Larry Guay. Mr. Guay will be invited to attend the July 9th meeting for discussion with the Board as moved by Selectman Bear, seconded by Selectman Walker and voted unanimously. The following appointments were approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
· Town Accountant – Angel Wills – 3 year term
· Board of Registrars – Harry Fish – 3 year term
· Planning Board Associate – George Morse – 1 year term
· Treasurer/Collector – Diane Doyle – 3 year term
· Asst. Treasurer/Collector – Christine Marshall – 3 year term
· Byfield Community Arts Ctr. Managers – Linda Allen, Heidi Fram and Chris Paglia – 3 year terms
· Capital Planning Committee – Robert Connors – 3 year term and Frank Visconti – 2 year term
· Personnel Board – Diane Doyle (Employee Rep.) – 3 year term; Richard Harris, Steve Salvo and John Wilkinson – 3 year terms
· Finance Committee – Marshall Jespersen – 3 year term
· Open Space Committee – Michael Carbone, David Powell, Dan Streeter, Martha Taylor – 1 year terms
· Public Safety Site Selection Committee – Linda Allen, Tracy Blais, Michael Bulgaris, Robert Connors, Michael Reilly – 1 year terms
· B2B Trail Committee – Martha Taylor, Tim Kuist, Christine Wilkinson, Steve Fram, John VanSchalkwyk, Tim Leonard – 1 year terms
· Zoning Board of Appeals – David Sylvanowicz – 3 year term
Permission was granted to the COA to insert a membership flyer with the next tax bill mailing on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
The minutes of the 5/28/13 meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
The summer meeting schedule was discussed. There will be only one meeting (the second Tuesday) in July and August unless an emergency arises.
Under “communications” a letter of thanks from Paul L. Lees (Triton School Committee Member) for the Town’s support of the Triton budget was read and filed.
Warrants were signed for TA Blais.
Selectman Story gave an update on the process for property owners trying to rebuild on P.I. He noted that DEP had intervened on Trouts proposal. However Mr. Trout received a letter of support from a group in California which cited a court case for DEP’s consideration. It seems that DEP may approve Trout’s application.
Chairman Story asked Selectman Mountain to provide their policy for our cable TV station. Mountain agreed to bring documentation for formatting channel programs to the next meeting for review by the Board.
Selectmen Story, Bulgaris and Walker commented on their attendance at Triton Graduation Sunday. They praised the Superintendent, the graduates, student speakers, and the band and noted it was a great time and well organized. It was agreed there is an improved relationship between the school district and the town.
At 8:20 p.m. a motion was made by Selectman Bear to enter into executive session to discuss strategy with respect to litigation because an open meeting may have a detrimental effect on the litigating position of this body and to discuss complaints brought against a public officer, employee, staff member or individual, seconded by Selectman Bulgaris. A roll call vote was taken: Story, yes; Bear, yes; Bulgaris, yes; Mountain, yes and Walker, yes. Selectman Bear announced that the open meeting would not reconvene at the conclusion of the executive session.
The meeting was adjourned at 9:35 p.m. at the conclusion of the executive session on a motion by Selectman Mountain, seconded by Selectman Bear and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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