TOWN OF NEWBURY
BOARD OF SELECTMEN
MINUTES
DATE: July 14, 2015
PRESENT: Chairman Geoffrey Walker, Selectmen Chuck Bear, Damon Jespersen, J. R. Colby and Selectwoman, Alicia Greco
Motion: A motion was made by Selectman Bear, seconded by Selectman Colby and voted unanimously to call the meeting to order at 7:02 p.m. with the salute to the flag.
Board and Committee Reports: No Board and Committee reports
Citizen’s Concerns: No Citizen’s Concerns
Town Administrators Report:
Town Administrator, Tracy Blais reported that the signs and posts for Plum Island rights of way have been purchased by the Plum Island Tax Payers Association (PITA). PITA is working with UNH to have the signs installed.
Brian Lombara is the newest member of the DPW and has been hired as a DPW truck driver and equipment operator. Brian is from Ipswich, MA and was previously employed at FedEX.
The Manter Field septic bid has been advertised. The opening is scheduled for 2:00 p.m. on Monday, August 3rd. The hope of the Recreation Committee is to have the system installed by the fall.
The Town sewer project bid was conducted. The lowest bid received was from Joseph P. Cardillo & Son, Inc. in the amount of $345,312.38. Work will begin in the very near future.
Building Commissioner, Sam Joslin, has notified the Town Administrator that he is currently considering accepting a part-time Building Inspector position with the Town of Groveland. Sam previously worked part-time as Building Inspector for the Town of Newbury. Additional hours were added to his position when the facilities component was added to his duties. He would like to give up the facilities component of his job and go back to acting as the part-time Building Inspector which would then allow him to work as a full-time Building Inspector. He asks the Board for consideration of his request. Ms. Blais will engage the Human Resources Board to look into and review his request.
Ms. Blais reported that the new trailers are now occupied and the clock is ticking. The Town has one year in which to determine the space needs issues. Reminders will be given monthly.
One year – end transfer request for Town Clerk Salary & Wages, in the amount of $326.88, which was approved by the Finance Committee, will come before the Board for vote and for signatures.
Ms. Blais distributed the 2014 audit report prepared by Auditors, Giusti and Hingston.
A reminder of the Special Election date of September 15th was given to the Board.
During the 6/9/2015 Board of Selectmen meeting, at the Town Administrator’s request, the Board voted to implement a deadline of Thursday at noon for items to be submitted for the Board’s agenda. Ms. Blais requested and suggested reconsideration to Wednesday at noon instead.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the Board of Selectmen agenda deadline of Wednesday at 12 :00 p.m.
New Business:
Vote to set time for the Special Election of September 15, 2015 from 7:00 a.m. to 8:00 p.m.
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear to set the time as outlined. Discussion ensued:
Selectman Jespersen reported his concern that during a Ballot Committee meeting he had heard allegations that during the May 12th Election, poll workers were commenting to voters on how they should be voting on issues. As that practice is illegal and extremely inappropriate, he wants to make sure the issue is fully resolved. He was very disturbed to hear the allegations.
Town Administrator,Tracy Blais, reported that polling place oversight is the responsibliity of the Town Clerk and Town Constables. She has followed up with the Town Clerk who has conducted an investigation. The Town Clerk could not clearly identify who it was or what was said. Some poll workers have retired and new workers have been hired. The Town Clerk responded to the party that made the complaint. She assured the Town Administrator that no further irregularities will occur at either polling location.
Ms. Blais further explained that the Town Clerk was seeking re-election at the May 12th Election and therefore could not be present at the polling locations. She has recommended to the Town Clerk that in the future, the Town Clerk and the Assisitant Town Clerk be at the polling locations.
Selectwoman Greco recommended instituing a training record for poll workers to kept in their personnel files.
Following discussion: The motion made by Selectman Jespersen, seconded by Selectman Bear to set the time for the Special Election of September 15, 2015 from 7:00 a.m. to 8:00 p.m. was voted unanimously.
Vote to approve date of October 20, 2015, @ 7:00 p.m. for Special Town Meeting
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to approve date of October 20, 2015, @ 7:00 p.m. for Special Town Meeting.
Public Hearings:
At 7:15 p.m. the legal notice for a public hearing was read by Selectman Jespersen for the application of Pizza Factory, Inc. d/b/a Plum Island Provisions, 29 Plum Island Blvd, Transfer of Liquor License #079400009 from Robert C. Ducott, Jr. d/b/a Dick’s Variety, 29 Plum Island Blvd and to approve the Petition for Change of License/Alteration of Premises.
Motion: A motion was made by Selectman Bear, seconded by Selectman Colby and voted unanimously to open the public hearing.
Attorney Martin Arsenault representing the applicant, Angelo Giannopoulos, President of the Pizza Factory, Inc., d/b/a Plum Island Provisions, reviewed the details of the business license application and liquor license transfer. He explained the applicant wishes to operate a variety store with take-out food and requests that the current beer and wine package store liquor license be transferred and the alterations of premises be approved.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the application of Angelo Giannopoulos, Pizza Factory, Inc. d/b/a Plum Island Provisions, 29 Plum Island
Blvd, for the Transfer of Liquor License #079400009 from Robert C. Ducott, Jr. d/b/a Dick’s Variety and to sign the corresponding ABCC form 43.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the Alteration of Premises as per all building permits, for Angelo Giannopoulos, Pizza Factory, Inc., d/b/a/ Plum Island Provisions, 29 Plum Island Blvd and to sign the corresponding ABCC form 43.
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to approve the 2015 NEW Business License application as submitted for Angelo Giannopoulos, President, Pizza Factory, Inc. d/b/a Plum Island Provisions, 29 Plum Island Blvd, Common Victualler.
Motion: At 7:22 p.m., a motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to close the public hearing.
Executive Session:
At 7:23 p.m., Chairman Walker made a motion to enter into Executive session to discuss the complaints brought against a public officer, employee, staff member or individual. A roll call vote was taken: Chairman Walker, yes; Selectman Bear, yes; Selectman Jespersen, yes; Selectman Colby, yes; and Selectwoman Greco, yes. Chairman Walker stated that the meeting would reconvene following the Executive Session.
Following Executive Session:
At 7:43 p.m., Chairman Walker made a motion to reconvene the Board of Selectmen meeting. A roll call vote was taken to reconvene the meeting: Chairman Walker, yes; Selectman Bear, yes; Selectman Jespersen, yes; Selectman Colby, yes; and Selectwoman Greco, yes. The Board of Selectmen meeting was reconvened at 7:45 p.m.
New Business continued:
Review, approve and sign – 2015 NEW Business License application as follows:
Lisa Porter, Seacoast Horse & Pet sitting, 48 Old Rowley Road, General Business/Dog Boarding/Dog Daycare/Pet Sitting
Town Planner, Martha Taylor reported that the applicant had been before the Planning Board on May 28, 2015 for a special permit allowing 24 hour animal boarding. The Planning Board approved the special permit.
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to approve the 2015 NEW Business License application as submitted for Lisa Porter, Seacoast Horse & Pet sitting, 48 Old Rowley Road, General Business/Dog Boarding/Dog Daycare/Pet Sitting.
Vote to approve Petition for Change of License and to sign ABCC Form 43 for Ould Newbury Golf Club, 319 Newburyport Turnpike, change of manager to James M. Hilton
Chairman Walker recused himself from possible discussion and vote.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the Petition for Change of License and to sign ABCC Form 43 for Ould Newbury Golf Club, 319 Newburyport Turnpike, change of manager to James M. Hilton.
Vote to approve Petition for Change of License and to sign ABCC Form 43 for The Butchery, Inc. d/b/a Newbury Butchery, 2 Morgan Ave, change of manager to Ryan E. Crowley
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the Petition for Change of License and to sign ABCC Form 43 for The Butchery, Inc. d/b/a Newbury
Butchery 2 Morgan Ave, change of manager to Ryan E. Crowley
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Sunday, July 26, 2015 from 11:00 a.m. to 5:00 p.m. – Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Saturday, August 8, 2015 from 11:00 a.m. to 5:00 p.m. – Fiber Revival and Vintage Baseball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Saturday, August 22, 2015 from 11:00 a.m. to 5:00 p.m. – Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Sunday, August 30, 2015 from 11:00 a.m. to 5:00 p.m. Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Saturday, September 12, 2015 from 11:00 a.m. to 7:00 p.m. Ipswich Ale Harvest Festival with Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Saturday, September 26, 2015 from 11:00 a.m. to 7:00 p.m. – American Music Festival with Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury Note: Fire safety detail needed per Fire Chief Walker.
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Sunday, September 27, 2015 from 11:00 a.m. to 7:00 p.m. – American Music Festival with Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Sunday, October 4, 2015 from 11:00 a.m. to 5:00 p.m. – Vintage Base Ball at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
One-day Liquor License – Mercury Brewery and Distribution Company, Inc. – Saturday, October 17, 2015 from 11:00 a.m. to 7:00 p.m. – Vintage Base Ball Fundraiser at Spencer Pierce Little Farm, 2 Little’s Lane, Newbury
Motion: A motion was made by Selectman Bear, seconded by Selectwoman Greco and voted unanimously to approve the 7/26, 8/8, 8/22, 8/30, 9/12, 9/26, 10/4, and 10/17 2015 One-day Liquor Licenses for Mercury Brewery and Distribution Company, Inc.
One-day Liquor License – Tigerlily’s Events, Friday, July 31, 2015 from 6:30 p.m. to 10:00 p.m. – Midsummer Night’s Feast at Colby Farm, 50 Scotland Road, Newbury
One-day Liquor License – Tigerlily’s Events, Saturday, August 1, 2015 from 6:30 p.m. to 10:00 p.m. – Midsummer Night’s Feast at Colby Farm, 50 Scotland Road, Newbury
Selectman Colby recused himself from discussion and the vote.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the 7/31 and 8/1, 2015 One-day Liquor Licenses for Tigerlily’s Events.
Request for Public Property Use/Special Permit – Request of On Stage, Inc. d/b/a Theater in the Open, Newburyport MA and Circus Barn, Inc. d/b/a Circus Smirkus - use of Manter Field, 81 Central Street, Byfield to host Circus Smirkus of Greensboro, VT, July 31st through August 2, 2015
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the Public Property Use/Special Permit request of On Stage, Inc. d/b/a Theater in the Open, Newburyport MA and Circus Barn, Inc. d/b/a Circus Smirkus - use of Manter Field, 81 Central Street, Byfield to host Circus Smirkus of Greensboro, VT, July 31st through August 2, 2015.
Planning Board Appointments:
James Robinson, 8 Knobb Hill, Byfield - Planning Board Member, to fill the Planning Board seat vacated by Richard Moss until the May 10, 2016 Town Election
Peter Paicos, 4 Orchard Street, Byfield – FY16 One year term as the Planning Board’s Associate Member
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to approve the Planning Board appointments as presented.
Planning Board Appointments – FY16 Master Plan Committee:
Selectman Jespersen recused himself from discussion and vote.
Motion: A motion was made by Selectman Bear, seconded by Selectman Colby and voted unanimously to approve the FY16 Master Plan Committee as follows:
Planning Board: John Weis, George Morse, John O’Connell, Elizabeth Mitchell,
James Robinson & Peter Paicos
Town Planner: Martha Taylor
Finance Committee: Marshall Jespersen
Resident Members: Ron Barrett, Robin Lawson, Steve Mangion, Marlene Schroeder,
Charles Stefanidakis, Dan Streeter, Paige Sullivan & Fred Thurlow
Student Member: Casey Brown, Triton Regional High School
Planning Board Appointment – Master Plan Committee - Board of Selectmen member designation
Selectwoman Greco nominated Selectman Colby. Selectman Jespersen nominated Selectman Bear.
Motion: A motion was made by Selectman Jespersen, seconded by Selectwoman Greco and voted unanimously to approve the nominations of Selectman Colby and Selectman Bear to the FY16 Master Plan Committee.
Jon D. Rausch, Manager, Scotland Woods, LLC – Request for acceptance of Livingston Lane as a Newbury Town Road and Pursuant to MGL Ch. 82, section 22, request to refer same to the Planning Board
Town Planner Martha Taylor explained to the Board of Selectmen that Livingston Lane, off of Highfield Road, started in 2004, was one of the first open space residential subdivisions. The substrate of the road was done several years ago. The final paving was done last fall. The Planning Board was waiting until the road went through one winter season to see how the top coat had fared. She reported that following the winter months, the top coat was found to be in excellent shape and has been checked and signed off on by the consulting engineer and the DPW Director. The Planning Board has voted to release the performance guarantee. Mr. Rausch is requesting that the road be accepted by the Town as a Town Road. The process of acceptance requires that the Board of Selectmen refer it to the Planning Board which has 45 days within
which to make a recommendation back to the Board of Selectmen. Following the Planning Board recommendation, if positive, the request will come back to the Board of Selectmen for a public hearing prior to be placed on the warrant for Town Meeting.
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to accept the request and refer it to the Planning Board for review.
Discussion with the Fish Commission for a proposed plan for the opening of moderately contaminated clam flats.
Pete Fotino, Chairman of the Fish Commissioners and Paul Thistlewood, Town of Newbury Shellfish Constable were available to explain and answer questions pertaining to the Town of Newbury Shellfish Management Plan for Moderately Contaminated Shellfish Areas which was submitted to the Board of Selectmen by the Fish Commission. The moderately contaminated areas were identified as between High Sandy and Woodbridge Island. It was explained that the moderately contaminated areas in Newburyport were open. The Federal guideline for contamination and the process at the Mass Division of Marine Fisheries Shellfish Purification Plant on Plum Island was discussed. The Division of Marine Fisheries will review the Town’s Shellfish Management Plan for Moderately Contaminated Shellfish Areas.
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to accept the changes proposed by the Fish Commissioners to open the moderately contaminated shellfish areas.
FY16 Police Department Appointments (missing from the appointments of 6/9/2015)
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to accept the Police Department Appointments as written and presented.
FY16 Fire Department Appointments
Motion: A motion was made by Selectwoman Greco, seconded by Selectman Jespersen and voted unanimously to accept the FY16 Fire Department Appointments as written and presented.
Vote to authorize and sign Request for Appropriation Transfer $326.88 from DPW Salary & Wages to Town Clerk Salary & Wages
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the appropriation transfer as presented.
Vote to sign the Lease Agreements between the Town of Newbury and Protection Fire Company No. 1 and No. 2
Motion: A motion was made by Selectman Bear, seconded by Selectwoman Greco to sign the
lease agreements. Discussion ensued.
Selectman Colby questioned the validity of a Notary Public from the State of Maine notarizing the signature for the President of Protection Fire Company No. 1. Town Administrator, Tracy Blais confirmed that Newbury Town Counsel had approved all. She will double check with Town Counsel and report back. Following discussion:
Selectman Bear withdrew his motion.
Amended Motion: A motion was made by Selectman Colby, seconded by Selectman Jespersen and voted unanimously to sign the lease agreements pending that all is in order.
Selectman Bear – Discussion regarding forming a committee to look into conflicting and redundant Town Bylaws
Selectman Bear explained that he had noticed that the Planning Board was going through their Bylaws updating or deleting them as needed. He thought it would be beneficial for the Board of Selectmen to look at the Town Bylaws and check for conflicting or redundant Bylaws. Chairman Walker asked Town Administrator, Tracy Blais, what the options were for the task. Ms. Blais reported that it is a time consuming task. She has tried unsuccessfully to recruit a law clerk or college student to come in and begin reading through the Bylaws. She explained that it is more of a housekeeping task and when completed it would require a legal review. The only other option is to hire a consultant. Selectman Bear suggested pricing the project out and reviewing again at a later date.
Discussion re: Becoming part of the State of Massachusetts/Governor Charlie Baker’s “Community Compact” program
Selectwoman Greco explained that she had read in the Newburyport Daily News that the City of Newburyport had signed on to the State’s Community Compact Program and thought that it would be a good idea for Newbury to sign on as well. Ms. Greco felt it may be a good idea to contact the Governor’s Office to understand what smaller towns are doing and how they are benefiting from the program.
Town Administrator, Tracy Blais reported that she had been in touch with Governor Baker’s Office. The State is trying to champion municipal interests and to help guide municipalities and provide the needed resources. The program allows municipalities to apply for three best practice areas for preliminary discussion. Ms. Blais applied for the following best management practice areas as she felt that they were the best fit for Newbury’s needs and would allow increased access to state grants.
1. Financial management: Although the Town is implementing financial controls, no policies have been formally adopted.
2. Another area is relative to energy and environment specific to climate change mitigation and adaptation and in particular coastal resiliency and the public safety component of that.
3. Financial management area relative to long term capital planning.
Old Business:
Discussion with Johanna True, Newbury School Committee Representative for Whittier Regional Technical High School re: the subcommittee formed by the Board of Selectmen from Merrimac, Groveland and West Newbury regarding policies at Whittier of admission, school choice and busing.
Johanna True, Newbury School Committee Representative for Whittier Regional Technical High School explained to the Board of Selectman that the School Committee had received the same letter of invitation from the Boards of Selectmen subcommittee from Merrimac, Groveland and West Newbury regarding their reviews of policies at Whitter of admission, school choice and busing. She reported that after talking with the newly formed subcommittee, the Newbury School Committee felt that there were many misconceptions held by the subcommittee and complaints appeared to be personal. It was felt the subcommittee was confrontational and unproductive. She therefore recommended that the Newbury Board of Selectmen not join the subcommittee. Following discussion, to understand what was going on within the subcommittee, the Board felt it would be
beneficial for a Selectman or Selectwoman to attend the next subcommittee meeting. Selectwoman Greco volunteered to attend the next meeting.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to appoint Selectwoman Greco to attend the next subcommittee meeting.
Discussion and review of a proposed charter change which must come before Town Meeting allowing Selectmen to be elected for a term of five years. (An act amending Chapter 460 of the Acts of 2008 establishing a Selectmen-Administrator form of government for the Town of Newbury)
Selectman Bear wished further discussion on proposing the enactment of moving the Selectmen from a 3 year term to 5 year term. He felt a 5 year term would allow for one seat per year up for re-election. He explained that there is a great deal to learn and it takes two to three years to come up to speed. He’s aiming for more consistency on the Board.
Selectmen Jespersen affirmed that it was a great idea but wondered how to move from the current term standing into a 5 year term so that they would be spread out properly to one per year.
Town Administrator, Tracy Blais informed Selectman Bear that she had forwarded his request on to Town Counsel who had prepared language for a proposed Charter change. A Charter change must be presented at Town Meeting for approval.
Selectman Bear suggested giving the topic more thought and revisiting it at the next Board of Selectmen meeting.
Correspondence:
All correspondence was reviewed.
Minutes: Minutes of June 9, 2015
Motion: A motion was made by Selectman Bear, seconded by Selectman Colby and
voted unanimously to approve the minutes of the June 9, 2015 Board of Selectmen meeting amended with the following correction:
Selectman Jespersen was in attendance at the 6/9/15 Board of Selectmen meeting.
Warrants:
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to approve the warrants as presented. Warrants and the appropriation transfer as presented were signed by the Board of Selectmen.
Executive Session:
At 9:43 p.m., Chairman Walker made a motion to enter into Executive session to conduct contract negotiations with non-union personnel. He stated that the Board of Selectmen meeting woud not reconvene at the conclusion of the Executive Session. A roll call vote was taken: Chairman Walker, yes; Selectman Bear, yes; Selectman Jespersen, yes; Selectman Colby, yes; and Selectwoman Greco, yes. Chairman Walker stated that the meeting would not reconvene at the conclusion of the Executive Session.
Following Executive Session:
At 10:17 p.m. Chairman Walker made a motion to close the Executive Session. A roll call vote was taken: Chairman Walker, yes; Selectman Bear, yes; Selectman Jespersen, yes; Selectman Colby, yes; and Selectwoman Greco, yes.
Adjournment:
Motion: At 10:19 p.m. A motion to adjourn was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously.
Respectfully submitted,
Ellen Jameson
Executive Administrator
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