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Board of Selectmen's Meeting Minutes 1-8-13
BOARD OF SELECTMEN’S MEETING
JANUARY 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, Bear, Bulgaris, Mountain, Walker and Town Administrator Tracy Blais.
Martha Taylor spoke for the Woodbridge Evaluation Team.   She noted that the proposal from the successful bidder (Federal Street Restoration LLC) had been reviewed by the team (Martha Taylor, John Weiss and Dave Mountain as Selectmen’s rep.) and their recommendation is that the proposal be accepted.     The plan shows three condos in the Woodbridge building, one free standing house and a free standing garage to house five cars.    It was moved by Selectman Bear and seconded by Selectman Bulgaris to accept the proposal and a discussion ensued on the expediency of the vote as the Board had not had the opportunity to review the proposal.    Mountain advised that Federal Street had presented a reasonable proposal, they were a good team and he was comfortable with it.      There are still some details to be worked out but they have invested time and money and need a “go” or “no go” asap to continue the process.     Dolores Person stated they need the okay to get their engineers in place and working and Richard Person noted that the building is deteriorating daily and they would like to move as quickly as possible.     The motion was voted unanimously based on Mountain’s assessment and Federal Street’s reputation.

Town Administrator Tracy Blais noted that our tax rate had been approved by DOR at $11.40 per thousand.      Third quarter bills were mailed out December 31st.         The audit report for Triton Regional has been completed and is on file in her office and available for review.      Requests from residents for access to salt and sand from the DPW yard have been addressed with Tim Leonard.       Salt and sand will be made available the first Friday of each month from 7-10 a.m., limited to three-five gallon buckets and residents will not be allowed past the fencing.     DPW personnel will be available to aid with retrieval of the salt/sand.     It was moved by Selectman Walker, seconded by Selectman Mountain and voted unanimously to approve this plan.       Blais advised that on-line ethics training must be completed by April 15th.      The library welcomed Dick Passeri as their new member of the Board of Trustees.     The new program at the transfer station began on January 1st.     Mello will make timely reports to the Town and will be working on the management of any glitches that may arise.
Fire Chief William Pearson and Deputy Chief Wally Ziehler addressed the Board regarding the upcoming bonfire at SPLF.     This will be the third annual bonfire and the proceeds will support Protection Fire Co. #2.     Ziehler noted that they would be requesting help from DPW with cones, equipment and manpower for setup and disposal after.       Selectman Walker moved to allow DPW assistance, as in past years, with the bonfire, seconded by Selectman Bear and voted unanimously.     Deputy Police Chief John Lucey advised that mobile command posts will be established to monitor the event and the ATV and Argo will help with patrols.

Five one-day liquor licenses were approved for the Byfield Community Arts Center for their “Cat in the Cradle” events  on January 12th, February 9th, March 16, April 13, and May 18th from 7:30 to 11 p.m. on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
A request from the P.I. Beachcoma for an entertainment permit for Saturday, February 2nd from 7-10 p.m. was approved on a motion by Selectman Walker, seconded by Selectman Bear and voted unanimously.     Owner, Gregg Pugh was thanked for sponsoring a fund raiser on January 5th at the Beachcoma for the P.I. properties in jeopardy.     To date $8K has been raised.
2013 license renewals were approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously for the following establishments:    Jaiden Auto, Class II; Noyes Auto Service, general business automotive; J.Gallant Pool and Spa, general business; Main St. Mini Mart/D&J Liquors, common victualler, milk, Sunday; Mad Martha’s Island Café, common victualler, milk, Sunday; Special Interest Autos of Newburyport, Class II; Pheasant Meadow Farm, general business; Henry C. Becker Custom Bldg., general business; The Sanctuary B&B, bed & breakfast; Tranquil Times, beauty, bait, grooming;  P.I. Beachcoma, common victualler, milk, Sunday; Pearson Hardware, general business; P.I. Enterprises, parking lot; Fernald’s Marine, general business/marine; Parker River Pub & Grille, common victualler, milk, Sunday; P.I. Grille, common victualler, milk, Sunday; Flukes & Finds, general business; Milestone 35, general business; Volpone Towing, general business; Byfield General Store, common victualler, milk, Sunday; Parker River Marine, general business/marine; Olde Newbury Golf Club, common victualler, ice cream, soft drinks, Sunday; Olde Newbury Boat Co., general business; US #1 Auto Marine, Class II; Romp & Roll, general business; and Parker River Dental, general business.
The Selectmen approved the exemption of the following municipal employees and volunteers from the mandatory education and training requirements of Chapter 28 of the Acts of 2009 on a motion by Walker, seconded by Bear and voted unanimously.    Positions exempted are building maintenance labor, COA clerical volunteers, COA event assistants, COA van driver, employees on active military duty, student interns, library aides and volunteers, meals on wheels drivers, parks/recreation/grounds laborers, poll workers, public health clinic nurses/doctors, non-supervisory seasonal positions, senior tax abatement program participants, snow plow drivers and unpaid volunteers.
A letter from The American Red Cross regarding their 11th annual “Community Heroes Breakfast” was read and discussed.    A motion to send Tracy Blais to the meeting on March 21st was defeated by a vote of 4-0-1, with Mountain abstaining.
On a motion by Selectman Mountain, seconded by Selectman Bulgaris and voted unanimously, a letter of interest in volunteering on the Media Committee from Mike Doyle was referred to the committee for a future recommendation.
The possibility of providing the Selectmen with I-pads to replace paper agendas will be pursued for future discussion and consideration.   Questions and feed back should be submitted to Selectman Mountain.
A letter of interest from David Elwell of Byfield to replace Everett Davis as Fish Commissioner was acknowledged and accepted on a motion by Walker, seconded by Bear and voted unanimously.
It was moved by Selectman Mountain, seconded by Selectman Bear and voted unanimously to accept an “assignment of security (performance bond) from Angelo Ciardiello/ERA Equipment for the development of 101 Newburyport Turnpike in the amount of $24, 500.    This bond will be held for two years or until work is satisfactorily completed.      It was moved by Selectman Mountain, seconded by Selectman Walker and voted to authorize Clerk Charles Bear to execute this “assignment of security” (performance bond) for the Selectmen.
The minutes of the December 11th meeting were amended to remove Selectman Bulgaris’ name, at his request,  from the statement in the second paragraph regarding poor communication playing a part in the failure of the overrides.     The minutes, as amended, were accepted on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.     The minutes of the December 27th emergency meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Mountain and voted.    Bulgaris abstained from the vote as he was not present at the 12/27 meeting.
Doug Packer gave the board an update on Plum Island.   He noted that three coir bags had been installed by NETCO in front of the damaged homes.   An emergency cert which is valid for thirty days was written to start work immediately.   David Vine is working with Conservation to develop an order of conditions and a special meeting will be held when Vine is ready with the data.  Walker noted that while we do not have a plan in place for hard structures, Selectman Story has opened the door to the possibility.   Perhaps with the help of Vine and Conservation we can develop a “sustainable coastline plan” that could even be extended to the rivers if needed.     If Boston allows us to come to the table, we should take the opportunity.     Packer suggested engaging engineering and a team to look at all options to sustain our coastline.    Some are viable now and some are not, he noted.    Not a lot of money would be needed to put a document together as a starting point.     Mountain noted that Newbury is not alone in this problem and perhaps we could join with other communities.    Story advised he had spoken with Duxbury and will try to meet with some of the communities in that region.     While other communities use boulders to shore up their sea walls and dunes, Newbury is unique in the way we are treated by DEP.    Walker commented that there is some precedent as groins and stones from the past have been uncovered.    We need to have Packer and Vine work on a suitable document for sustaining our coastline to present in Boston.    Boston has opened the door to talks.    Mountain noted that beach scraping has been tried and we lost ground, coir bags are a temporary solution and we need a long term solution which is hard structures.     Packer advised that we would need regulation changes for hard structure approval.   Selectman Bear noted that there are boulders stored just north of Newbury by DOT and we could have access to them with just a letter.   Selectman Walker moved to instruct Packer to check with Vine to see if he can do the engineering for a sustainable coastline plan for submission to Boston and provide us with an approximate cost for his services, seconded by Selectman Bulgaris and voted unanimously.   It was also moved by Selectman Bear to send a letter to DOT requesting use of the stored boulders, seconded by Selectman Bulgaris and voted unanimously.    Chairman Story suggested sending letters to our Congressmen requesting aid for our area from the Hurricane Sandy bill.     Selectman Mountain stated he supported the homeowners but we need to address time scales and think about an alternative analysis.    The Board was asked to think about ideas for the next meeting.
Kathleen Pearson updated the Board on the Planning Board’s work on zoning changes for the spring meeting.   Proposed boundary line changes, revisions to table of use regulation, a solar bylaw, the light industrial Byfield district and an accessory apartment bylaw change are all being investigated.   Pearson noted that they had only two meetings until the deadline for recommendations to the Selectmen.
A new “request form” to be submitted for all requests for use of public properties or special permits was reviewed.    It was agreed that the person making the request be present at the meeting at which the request was being addressed.    Selectman Bulgaris moved to approve the form, seconded by Selectman Mountain and voted unanimously.
A TRSD letter was read and filed.    Triton invited the Selectmen to participate in its formal budget process beginning next week.   It was noted that the Town needs to project what we can afford in FY14.   Blais noted that traditionally we target 50% of our new growth, a 50/50 split.   Our priority is to use our 50% to reinstate some cuts, especially to public safety.
Two letters from Sam Joslin regarding the erosion problems on P.I. were read and filed.
A communication from the Historical Commission regarding the proposed tree donation for the Upper Green stating they had voted unanimously that no additional trees be added to the green was discussed.   Selectman Bulgaris noted that while it says no additional trees, can we replace dying or dead ones.     We also should be considering a gazebo or grandstand on the Green as in other neighboring towns.    Walker commented that there are some maples on the street side that will also need to be replaced at some point.     A motion was made by Bulgaris to replace the dying tree with the one offered by the Websters if the location is suitable, seconded by Selectman Mountain.    Mountain noted that the Historical Commission wants to keep an open atmosphere on the Green but we need to look at what needs to be replaced.    Walker mentioned the $200 in the tree fund for replacement of damaged or dying trees and Story noted that National Grid also owes us funds from when the trees were removed on Hanover Street.    The motion was withdrawn until the next meeting to enable the Board to do a site walk on the Green.
The Byfield Community Arts Center annual report was read and filed.
Warrants were signed for Town Administrator Tracy Blais.
The meeting was adjourned at 9:05 p.m. on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.