BOARD OF SELECTMEN’S MEETING
FEBRUARY 11, 2014
The meeting was called to order at 7:00 p.m. by Chair Joseph Story with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bear, Mountain, Walker and Town Administrator Tracy Blais. Selectman Bulgaris was absent.
TA Blais presented a list of budget goals for FY15 for review which included public safety funding, human services funding, police facility, fire pumper, the elementary school and a comprehensive road improvement program. She submitted a three year lease agreement with the Byfield Community Arts Center for review and approval, noting there were no changes from last years lease. Selectman Bear moved to approve the lease as presented, seconded by Selectman Walker and open to discussion. Selectman Mountain questioned the duration of the lease and the proposed replacement of the windows and suggested revisiting the site due to the expense of maintenance of the building. Blais advised that grants are being investigated to help with funding but
will not be awarded without a substantial lease in place. Selectman Mountain moved to amend the original motion to approve a lease for a one year term. This will allow time to look at the study and costs and effectiveness of use of the building, as this building is controversial. There was no second for the amendment but a discussion ensued regarding the lease, right to sell, and town meeting involvement. Chairman Story asked for a vote on the original motion and it was approved 3-2 with Selectman Mountain abstaining. Blais advised she had placed in the Selectmen’s dropbox proposed changes to the Town Administrator’s Act for consideration at Town Meeting. Included in these changes are the appointments of the Fish Commissioners and Town Clerk’s positions as opposed to being elected positions. These will be discussed at a March meeting. Blais noted she had spoken with DPW Director Leonard regarding plowing private ways and he had provided a list of those currently
being plowed. Counsel has advised discontinuance of plowing of all private ways unless the Town wished to pursue a ballot initiative to identify and funds these ways. Selectmen Bear commented he was concerned about ambulances being able to get thru in case of an emergency. Steve Fram, David Powell and the Selectmen all weighed in on the matter. Blais suggested she ask Counsel to help draft a letter to owners of private ways advising them that at the end of this snow season the town will no longer plow their ways and they should make other arrangements for the winter of 2014/2015. Blais will finalize the list of ways with DPW Director Leonard. It was moved by Selectman Walker, seconded by Selectman Bear and voted unanimously to send a letter to all homeowners on private ways advising that the town will no longer plow their ways and they must make other arrangements.
Ben Gahagan from Marine Fisheries was introduced. He reported on repairs made to fish ways to date which included the Central Street culvert weirs, Main Street Dam, and River Street Dam. A high accuracy counting device installed at the Woolen Mill Dam and a two-year habitat assessment in Pentucket Pond were completed. He noted the Larkin Dam is degraded and failing and impedes fish passage up stream. The fishway is 140’ long and is damaged by roots both upstream and downstream of the weirs. This makes it more urgent that we address fish passage here. Issues addressed in the feasibility study done last year need to be resolved with partial or full removal of the dam being the best resolution. Gahagan
spoke on the migration season and the fish way efficiency, noting no fish made it to the Larkin Dam spawning ground. Grant possibilities and Town involvement in clean up were touched on. Gahagan noted repairs needed are significant and beyond the limits of Marine Fisheries. He called attention to the feasibility study done last year by an independent firm on the removal of the Larkin Dam which admittedly has become a political decision. Eric Hutchins of NOAA commented that according to last year’s report this dam is in failure mode. The question for the Town is do you rebuild the dam or repair the fish ladder. There is no funding for dam repair so it must be removed or replaced. The fish ladder is crumbling so there is no fish passage and no spawning in this area. David Powell of Orchard Street stated he was disappointed a decision has not been
made to remove this dam. We have a comprehensive study of the river and have now missed two rounds of funding. Bill Pearson of BWD advised their primary concern was pollutants from upstream. We have only found two sources of potable water in Town and if the wells become polluted we want assurance from the Town they will take responsibility. Selectman Mountain suggested BWD buy the dam from the Town and take on the legal responsibility. Gahagan noted if BWD is not satisfied with the report on the sediment, an additional study could be commissioned for small money or the sediment could be dredged out prior to removal of the dam. Paul Colby, Director of BWD, advised they had three wells in the Larkin area, a gravel pack well from the 70’s, a rock well from the 80’s that has become contaminated by microbials and a new well that tests with good water quality. Our wells are only about 50’ deep and contaminants from removal of the dam are a grave concern. Conservation
agent Doug Packer commented that if we don’t do something, it is going to happen naturally. Hutchins noted that biologicals were evaluated. The dam above the well field holds back water, pushes into the ground and grows bacteria. Free flowing water is cleaner water. Gahagan advised that scientifically fish ladders are a vital part of the Great Marsh and the only thing that sustains spawning. Fish are not making it to the spawning grounds and that is our greatest concern. Marlene Schroeder of PRCWA asked that the Board look again at the studies done on the Larkin Dam. We may not have an insurmountable problem here. We need to reassure BWD and accomplish this. Selectman Mountain touched briefly on the history of the dams and stated we seem to have four choices, do nothing and the dam will fail eventually, replacement, partial replacement and repair the fish
ladder. Any action we propose must be taken the Annual Town Meeting for a vote. Selectman Walker thanked Gahagan for his presentation which gives us a better understanding of the situation and potential consequences.
Janice Irving representing Tim Perry of the Byfield/Newbury Little League spoke on their request for use of the Upper Green Ball Field for games and practices. She noted they were flexible on dates and would provide a schedule of anticipated use dates for consideration. It was moved by Selectman Bear, seconded by Selectman Mountain and voted unanimously to allow the Little League use of the Ball Field through June 30th.
Linda Allen, Manager of BCAC spoke on the annual Byfield Days celebration. She noted they would like to try a new approach using Manter Fields on Saturday, June 28th for a music and arts festival, making this a family friendly day. Friday’s classic car display and the Boy Scout pancake breakfast on Saturday morning at BCAC will go on as usual. It was moved by Selectman Mountian, seconded by Selectman Bear and voted unanimously to tentatively allow the Byfield Days Committee use of Manter Fields on June 28th pending more details as they develop.
A request for use of the Upper Green Saturday, July 26th by the American Hand Fire Engine Society for a “firemen’s muster” was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
A one-day liquor license for Anna Jaques Hospital Aid Association for Great Chef’s Night at Governor’s Academy on March 21st from 5:30 to 10:30 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
A business license renewal (Class II) for Internet Cars Unlimited Inc. @ 88 Newburyport Tpke. was approved on a motion by Selectman Bear, seconded by Selectman Mountain and voted unanimously.
The minutes of the January 28th meeting were accepted as presented on a motion by Selectman Walker, seconded by Selectman Bear and voted unanimously.
Chairman Story announced that Senate Bill 1909 enacted as Chapter 19 of the Acts of 2014 became effective January 30, 2014 with Governor Patrick’s signature. This Act authorizes the Board of Assessors to grant an abatement of real estate taxes to certain P.I. homeowners for FY13.
A notice from Congressman Tierney’s office was read regarding a meeting at Ipswich Town Hall on Thursday, February 13th @ 3 p.m. regarding the impact of FEMA flood maps and insurance program on our property owners. This meeting is open to the public.
Warrants were signed for TA Blais. She advised that the Executive Session scheduled for tonight would need to be postponed as she did not yet have the information needed for presentation to the Board.
The meeting was adjourned at 9:05 p.m. on a motion by Selectman Bear, seconded by Selectman Walker and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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