BOARD OF SELECTMEN’S MEETING
MARCH 11, 2014
Chairman Story opened the meeting at 7:05 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bulgaris, Mountain, Walker and Town Administrator Tracy Blais. Selectman Bear was absent.
Nick Orem of the Capital Planning Committee reported that due to rumors he was here to clear up any misunderstandings. The first issue is the mission of the CPC. Counsel has determined that the CPC is an advisory board that makes recommendations to the Selectmen. All capital projects $10K and over must be submitted to the CPC for review and recommendation. This recommendation goes to the Selectmen to be placed on a warrant and it is the vote of town meeting that is the final word. Story asked what constitutes a CPC review such as Chapter 90 funds. Orem advised that Chapter 90 is roads and is not their purview. Bulgaris asked if the $10K threshold could be increased to $25K to coincide with
procurement. Orem stated that the $10K limit has not seemed to be a problem to date. Orem noted the issues seem to be our status which is advisory only, the $10K threshold, Chapter 90 for roads, and composition of the committee. Story commented that CPC is looked at as an extension of the finance committee. The committee is made up of two finance committee members, two members at large and TA Blais. Blais offered to step down to an ex officio position and have a Selectman become a voting member. Walker and Mountain agreed it made sense to have a Selectman sit as a voting member so they didn’t get blind sided. Walker stated he applauded the work of the CPC, it has made things easier for budgeting. Mountain noted that going forward, if the dollar amount changes or composition of the membership, we need a bylaw change. We would also like
clarification on the road issue. Blais will draft an amendment for ATM on these issues. Orem was thanked for his time and input.
John O’Connell of the Stormwater Task Force gave a yearly report for the committee, which is a condition of the 03 permit. The new 08 permit is not in place as yet, but this is a volunteer operation and we are trying to get a jump start, he noted. Public education - we had a stormwater fair at Fish & Wildlife last year and will repeat it this year on April 5th from 9 a.m. to 12 noon. This fair is geared towards elementary students. Brochures have also been sent out to taxpayers with their bills. Public participation - we use volunteer labor. At our last committee meeting we appointed Yvonne Buswell to the committee, who will run the illegal discharge program for us. One test kit was
purchased this year for this purpose. Mapping is complete. Triton students will help with outfalls using GPS. Most site run off is under the jurisdiction of the Conservation Commission. Sub division rules and regulations are being revised and should be ready for a public hearing in late spring. Catch basins without sumps have been repaired. The rain garden project at NES has been completed with thanks to Emily Sullivan and Sally Milliken who found the funding and volunteer workers to make this project happen. Thelma Murphy of EPA is very pleased with our rain garden, he noted. Our road sweeping has been successful and catch basins should only have to be cleaned once every two years. The stormwater system on Main Street in Byfield Center is being redone and we will take credit for this project. We wish to thank everyone who helped in these efforts. We
will wait for the new permit to be issued before investing town funds in other projects. John was thanked for his report and time and effort spent making these projects a success.
Planner Martha Taylor presented proposed zoning and general bylaw changes to the Board and asked that they be referred back to the Planning Board for a public hearing. The amendments are as follows:
· Adoption of a new bylaw pertaining to medical marijuana treatment centers/registered marijuana dispensaries.
· Revision of the site plan review bylaw.
· Revisions to the flood hazard overlay district bylaw and adoption of the new flood insurance rate maps.
In addition to these zoning amendments, Planning also recommended a change to the Code of the Town, Chapter 87, Stormwater Management and Illicit Discharge and Erosion Control, to transfer responsibility for administering, implementing and enforcing this bylaw from Planning to Conservation. Selectman Mountain moved to refer the bylaw amendments back to the Planning Board for a public hearing, seconded by Selectman Walker and voted unanimously.
Frank Bertolino presented a request from Merrimac River Feline Rescue Society for use of the Upper Green for their “strut for strays” and road race May 18th from 9-4 p.m. Deputy Chief Lucey advised that last year’s event went off without a hitch and he would be working with them on the route of the race for this year. Selectman Mountain moved to approve use of the Green, seconded by Selectman Bulgaris and voted unanimously. Mr. Bertolino also asked for permission to put a banner on the back stop from 5/11-5/18 advertising their “strut for strays” program. Selectman Walker moved to allow the banner, seconded by Selectman Bulgaris and voted unanimously.
At 7:15 p.m. the legal notice for a public hearing under General Law Chapter 140, section 157 concerning a dog complaint was read by Chair Story. Sarah Muller of Lunt Street, who issued the complaint, advised while jogging January 18th Freckles the dog pulled away from his leash and bit her on both legs. She reported this event to the ACO and the hospital. Karen Festa, owner of Freckles, admitted this was a true account. Freckles is very protective of me and when startled he will try to defend me. This had happened previously in 2006 under similar circumstances. Mrs. Festa offered to muzzle Freckles when on leash if necessary. Julie Chaimovich of Moody Street, the 2006 victim related her
incident. While walking across the street from Freckles who was on a retractable leash, the dog rushed across the street and bit her on the wrist and leg, just missing a main artery. She stated that Mr. Festa was not helpful and she has heard that there have been other bite incidents. After this incident and the quarantine period, ACO Larocque ordered Freckle kept on a short 6’ leash. Mr. Festa noted that Ms. Chaimovich was understandably hysterical at the time of the incident, but he did make inquiries at the time of the incident and again by calling the hospital and speaking with her son. We do care. He is not a bad dog, just a seventy pound mutt. I don’t discourage him from barking at strangers and he is protective. Another neighbor related that while walking with his granddaughter, Freckles charged at them from the yard
where he was tethered. I glared at him and he immediately backed off. I ask for leniency and perhaps muzzling while on his leash. Story asked Festa if the yard was fenced. Mr. Festa admitted it was a corral fence only but the dog is always tethered when in the yard. Kathy Downey of Main Street noted she never feared walking by this house and also asked the Selectmen to act with humanity. If the owners are willing to muzzle Freckles, that is the way to go. ACO Carol Larocque advised that a properly fitted muzzle used when on leash will take a little training but if I didn’t feel it would prevent someone else from getting hurt, I wouldn’t suggest it. Carol stated she was willing to work with the Festas and Freckles to train him with the muzzle and would monitor him. Selectman Mountain moved that Freckles be muzzled and on a short
(6’) leash when off property, seconded by Selectman Bulgaris and voted unanimously. The hearing was declared closed at 7:45 p.m. on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
Town Administrator Tracy Blais announced that she had received notification and a check from the estate of Sylvia Lunt in the amount of $54K to be used for restoration of the Upper Green BOFE appointments are coming up and letters of interest will be accepted by the Selectmen. Blais noted the proposed changes to the TA Act for the
ATM warrant have been placed in the Selectmen’s drop box for consideration. Changes include making the Fish Commissioners and Town Clerk positions appointed rather than elected, budget deadlines, and making the principal assessor a member of the Board of Assessors. The Snow & Ice budget is currently $113K in deficit, she announced. The Town has been able to purchase an Emergency Response Trailer with grant monies in the amount of $5K from MIIA. Blais also advised she had been notified that Joan Weyburn would not be seeking another term as Moderator. Chairman Story noted that retired Chief Justice Chris Armstrong had taken out papers for this position today.
Selectman Bulgaris raised questions on appointments to the BOFE. He suggested that letters of interest should be submitted to the BOFE for review and recommendations. They have the expertise and know what training is needed to be qualified. This is not popularity contest, he noted. Story asked if members must be firefighters and Blais stated they did not. He asked if it would make sense to have a financial person serve on the Board. Bulgaris insisted they must have fire experience. Walker asked for a definition of the BOFE, what are they and what do they do. Blais will provide documentation for review.
The list of persons submitting application for 2014 Commercial Clamming Licenses was read by the Selectmen. The list was approved and licenses signed on a motion by Selectman Mountain, seconded by Selectman Bulgaris and voted unanimously.
On the recommendation of Chief Reilly and Deputy Chief Lucey, John Regan was appointed a Full Time Patrolman to replace Gregg Frappier, deceased, effective April 1, 2014, on a motion by Selectman Walker, seconded by Selectman Mountain and voted unanimously. Also approved was a petition to the State for a temporary waiver allowing Regan to serve until the next academy convenes, on a motion by Selectman Walker, seconded by Selectman Mountain and voted unanimously.
A request from the Historical Society of Old Newbury to place small signs around town to advertise their 35th annual Garden Tour June 7 & 8 was approved on a motion by Selectman Mountain, seconded by Selectman Walker and voted unanimously. The signs will be erected May 28th and removed June 9th.
A Class II license renewal for 2014 for Seacoast Cycle, 4 Newburyport Turnpike, was approved on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
The minutes of the February 25th meeting were tabled to the April 8th meeting as there was not a quorum able to vote on this meeting.
Dave Mountain of the Media Committee advised they were looking at estimates for a ceiling projector and screen as well as a large screen TV for Town Hall. These must all be able to tie into the cable system. Story acknowledged the receipt of Comcast’s PEG Access Support payment for the 4th quarter of 2013 in the amount of $27,317.69. Mountain also noted that audio equipment and tripods are in the works and they hope to have them ready in time for the Annual Town Meeting. Walker inquired when they can do more meetings, such as CPC and Finance Committee. Mountain advised the problem was finding trained people with time. We are looking at Triton students as a possibility, he
noted. We are trying to diversify. Kaleb is inter-acting with other towns, and working with Triton to figure out how to get the education channel working. Kaleb advised they haven’t done more meetings because at least one person is needed for backup for each meeting. Our goal is to get more people involved perhaps by providing a stipend and working with Triton to get students involved.
The meeting was adjourned at 8:35 p.m. on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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