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HomeMy Public PortalAboutSELECTMEN/BOARD OF HEALTH RECORDS 1998-2004 EXECUTIVE SESSION December 14, 2004 At 9:12 p.m. the executive session was convened to discuss litigation on the landfill. In attendance were Chairman'Russo, Selectmen Joy and Bear, Counsel Lagoulis and BOH Chair Alba Gouldthorpe. Counsel Lagoulis distributed copies of the final version of the"settlement agreement" and"final judgment" on the landfill suit to the Selectmen for their review and approval. Jim noted that the only concession DEP did not agree to was the number of days allowed for the opportunity to cure a violation. He advised that going forward, if a violation occurs, a fine will be issued. The Town will receive a written notice and time to cure this violation. The time frame allowed is fourteen days from the time of receipt of the written notice. A copy of the agreement will be forwarded to CDM. There were some small problems with the post`closure plan submitted with the last version of the agreement which will be corrected. Selectman Joy moved to approve and sign the agreement and leave in the hands of Counsel for filing, seconded by Selectman Bear and voted unanimously. The minutes of the November 22nd executive session were reviewed and approved on a motion by Selectman Joy and seconded by Selectman Bear. The executive session was adjourned at 9:45 p.m. on a motion by Selectman Bear, seconded by Selectman Joy and voted unanimously. Respectfully submitted, Kathleen Sirois, Admin. Asst. l nl EXECUTIVE SESSION NOVEMBER 22, 2004 The Selectmen met in executive session at 10:06 a.m. on November 22, 2004 pursuant to a vote taken at the open session of the selectmen's meeting held at 10:00 a.m. on the same date. In attendance were Chairman Russo and Selectman Joy, Conservation Commission Agent Doug Packer and Town Counsel James Lagoulis. Selectman Bear was absent. Conservation Commission Agent Packer reported that his office had received complaints regarding activities at Newbury Trucking/East Coast Sand and Gravel, including the storage of sand and gravel on the property. He further reported that he and Town Counsel had made an inspection of the site which.confirmed that the activity there violated the judgment previously obtained against the property owner. A discussion then ensued as to the fact that the defendant's financial responsibilities under the terms of the judgment had yet to be satisfied. Counsel Lagoulis informed the selectmen that the Town had levied on the judgment but had not proceeded further for two reasons: First, that given.the nature of the business being conducted on the property, there was a question as to whether the property posed any hazardous waste issues. Second, the fact that the property had a mortgage and prior attachment by the Newburyport Bank, which raised a question as to it's value to the town since selling the property pursuant to the towns levy would mean that the town would have to payoff senior creditors. It now appears that the hazardous waste issue has been resolved, and counsel suggested that the bank should be contacted to determine what their position is regarding their. attachment. Counsel further advised the selectmen that the Town could also seek further judicial relief through a contempt petition._ This could be in the form of a fine, or an injunction for violating the judgment, and that these two courses of action could be pursued concurrently. The selectmen.instructed counsel to contact the bank.as suggested, and to pursue action on the levy if a satisfactory arrangement could.be worked out with Newburyport Bank. The meeting was adjourned at 10:42 a.m. on a motion by Selectman Joy, seconded by Chairman Russo. Respectfully submitted, �� Kathleen Sirois, Admin. Asst. EXECUTIVE SESSION NOVEMBER 22, 2004 The Selectmen met in executive session at 10:06 a.m. on November 22, 2004 pursuant to a vote taken at the open session of_the selectmen's meeting,held at 10:00 a.m. on the same date. In attendance were Chairman Russo and Selectman Joy, Conservation Commission Agent Doug Packer and Town Counsel James Lagoulis. Selectman Bear was absent. Conservation Commission Agent Packer reported that his office had received complaints regarding activities at Newbury Trucking/East Coast Sand and Gravel, including the storage of sand and gravel on the property. He further reported that he and Town Counsel had made an inspection of the site which confirmed that the activity there violated the judgment previously obtained against the property owner. A discussion then ensued as to the fact that the defendant's financial responsibilities under the terms of the judgment had yet to be satisfied. Counsel Lagoulis informed the selectmen that the Town had levied on the judgment but had not proceeded further for two reasons: First,that given the nature of the business being conducted on the property, there was a question as to whether the property posed any hazardous waste issues. Second, the fact that the property had a mortgage and prior attachment by the Newburyport Bank, which raised a question as to it's value to the town since selling the property pursuant to the towns levy would mean that the town would have to payoff senior creditors. It now appears that the hazardous waste issue has been resolved, and counsel suggested that the bank should be contacted to determine what their position is regarding their attachment. Counsel further advised the selectmen that the Town could also seek further judicial a relief through a contempt petition. This could be in the form of a fine, or an injunction for violating the judgment, and that these two courses of action could be pursued concurrently. The selectmen instructed counsel to contact the bank as suggested, and to pursue action on the levy if a satisfactory arrangement could be worked out with Newburyport Bank. The meeting was adjourned'at 10:42 a.m. on a motion by Selectman Joy, seconded by Chairman Russo. Respectfully submitted, Kathleen Sirois, Admin. Asst. i EXECUTIVE SESSION JULY 16, 2004 At 8:15 a.m. Chairman Russo called the executive session to order. Selectman Joy, Selectman Bear and Counsel James Lagoulis were present. Jim advised that the purpose of this session was to bring the two new Selectmen up to speed with ongoing litigation and to discuss strategy for these cases. The first being what Jim calls"landfill litigation". The State sued the Town and placed us under an administrative consent order for failure to comply with Title 5 regulations and non- compliance at the landfill, he advised. The town has since capped and closed the landfill, built a new transfer station which is almost operational, established the PIOD and wetlands bylaw and complied with all other Title 5 issues. The wetland regulations are still in the works due to a dispute with DEP and CZM regarding the V-zone established by FEMA. The Peabody case which is currently in Superior court should be the deciding factor for this dispute and then we should be able to finalize the consent order. The revised IMA which was voted at the town meeting in June will allow us to ask for a summary judgment in Superior Court for the suit brought against us by the Island Futures Group. This IMA must be signed and sent to Newburyport for final approval as soon as possible. We are still waiting the judges decision on the sewer extension permit which was certified by MEMA but this revised RVIA should move things along. The town needs to move forward with takings by eminent domain for easements to run pipes for the water/sewer project as voted at the special town meeting in June 2003. The Selectmen need to issue an order of taking and follow through with them, Jim advised. The leaky roof at the Library was the next order of business. The general contractor is out of business. There is a dispute between the roofing contractor and the architect as to where the blame lies. Jim asked the selectmen for permission to follow through and take the case to litigation if no compromise is reached. The Board voted unanimously to allow the case to go forward on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. The 61A release option on the Kozazcki property may be faulty due to the lack of a P&S. Only a contract to purchase was submitted. A commitment from Newburyport is needed immediately so Newbury can decide yea or nay on the purchase of the well site. If more time is needed, the 61A release'may need to be challenged in court. Hopefully we can negotiate to prevent more litigation. It was decided to hold a joint meeting with the Old Town Water Commissioners to'discuss these options. The Horden/Airport case was briefly touched on. Jim advised Horden had submitted a subdivision plan with six lots but there is not adequate access due to the wetlands. Under t the law he would be entitled to one lot. The town has offered him two building lots in court. Horden also has a separate suit with the airport. If he wins that suit he may be entitled to more than two lots. The settlement of these suits will also settle the Castleberry Fair dispute, he advised. The JRM case is ongoing and now scheduled in court for some time in August. Their attorney, McCaron, has asked to bring a new proposal before the Selectmen. The board agreed they would listen to the proposal with no promises made. It would have to be something the town would like and then we may be willing to work with them, said Selectman Russo. "Byfield lights"—the Mackays have filed their own deed with the Registry and it appears to be illegal. Jim said they could give us a document surrendering the covenant but at this point it is in the hands of the courts. The question of counsel becoming a salaried position and what happens to litigation in the process was briefly discussed. It was decided that more information is needed before a decision can be reached. There being no other legal business at this time, the Selectmen moved to close the executive session and reconvene in open session at 10 a.m. on a motion by Selectman Joy, seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Secretary i EXECUTIVE SESSION BOARD OF SELECTMEN MARCH 2, 2004 The executive session was called to order at 6:05 p.m. by Selectman Joy. In attendance were Selectmen Joy and Doyle, Counsel Jim Lagoulis, BOH Chair Alba Gouldthorpe, Conservation Agent Doug Packer and Building Inspector/Zoning Officer Brownie Taylor. Jim Lagoulis advised that this session was to discuss JRM. Their attorney had proposed that a building be constructed to house the trash trucks. Should we roll the dice and go to court or see if there is any common ground for a settlement/negotiations. An earlier offer from JRM to help the town with the transfer station and possibly park trash trucks there was discounted by all town departments. The consensus was no deal. Atty. McCaron has asked what can JRM do on this site. Trucks may be parked there but they must be empty of all trash and Atty. McCaron has stated that this is impossible. There will always be trucks returning to base with trash inside. Jim noted that we have all seen the plans for an office building in the front with a large building in the rear for truck storage and recycling. The BOH is considering new regulations that could have an affect on JRM's operation when implemented. Jim also advised McCaron that if any arrangement were to be made it would be predicated on regular inspections at will and a greater detail of JRM's plans would be needed. Before any conclusions are reached input from the BOH, Conservation and the Building Department would be needed. Jim advised that if we win in court we can affect the trash business but not the junkyard. We will have some teeth with the BOH regulations but we will always be chasing them to do the right thing. The court date is currently scheduled for some time the end of March. Mike pointed out that JRM now admits there are always trucks there containing trash,they come with a bad rep from Gloucester and if he builds an office building he will need sewer and water from Nbypt. Doug asked, if we lose does he still get a building. Jim said if we settle he gets a building and we get some control. If he loses he still has a junkyard and a lot that has some use in the Industrial Zone. Dick noted our first priority is to protect our water and the only way to get 100%protection is to get rid of the business. Will DEP give us any support? Jim advised very little. They encourage the towns to enforce stricter regulations. Dick asked if we could subpoena the DEP inspectors who filed an enforcement action against JRM. Jim answered probably not. If we cooperate with him what guarantees do we have? Mike stated that in order to protect the Parker River he would vote to go to court. Doug suggested that if we look at this years down the road and we are still in a mess wouldn't it be politically in better stead if we go to court now. Then we have used due dilligence: Jim noted it is strictly a judgement call. How do you all feel? It was unanimously voted to move ahead with the court case and not pursue a settlement at this time. The motion to proceed with litigation was made by Selectman Doyle and seconded by Selectman Joy. The executive session was adjourned at 6:40 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary r EXECUTIVE SESSION BOARD OF SELECTMEN MARCH 2, 2004 The executive session was called to order at 6:05 p.m. by Selectman Joy. In attendance were Selectmen Joy and Doyle, Counsel Jim Lagoulis, BOH Chair Alba Gouldthorpe, Conservation Agent Doug Packer and Building Inspector/Zoning Officer Brownie Taylor. Jim Lagoulis advised that this session was to discuss JRM. Their attorney had proposed that a building be constructed to house the trash trucks. Should we roll the dice and go to court or see if there is any common ground for a settlement/negotiations. An earlier offer from JRM to help the town with the transfer station and possibly park trash trucks there was discounted by all town departments. The consensus was no deal. Atty. McCaron has asked what can JRM do on this site. Trucks may be parked there but they must be empty of all trash and Atty. McCaron has stated that this is impossible. There will always be trucks returning to base with trash inside. Jim noted that we have all seen the plans for an office building in the front with a large building in the rear for truck storage and recycling. The BOH is considering new regulations that could have an affect on JRM's operation when implemented. Jim also advised McCaron that if any arrangement were to be made it would be predicated on regular inspections at will and a greater detail of JRM's plans would be needed. Before any conclusions are reached input from the BOH, Conservation and the Building Department would be needed. Jim advised that if we win in court we can affect the trash business but not the junkyard. We will have some teeth with the BOH regulations but we will always be chasing them to do the right thing. The court date is currently scheduled for some time the end of March. Mike pointed out that JRM now admits there are always trucks there containing trash,they come with a bad rep from Gloucester and if he builds an office building he will need sewer and water from Nbypt. Doug asked, if we lose does he still get a building. Jim said if we settle he gets a building and we get some control. If he loses he still has a junkyard and a lot that has some use in the Industrial Zone. Dick noted our first priority is to protect our water and the only way to get 100%protection is to get rid of the business. Will DEP give us any support? Jim advised very little. They encourage the towns to enforce stricter regulations. Dick asked if we could subpoena the DEP inspectors who filed an enforcement action against JRM. Jim answered probably not. If we cooperate with him what guarantees do we have? Mike stated that in order to protect the Parker River he would vote to go to court. Doug suggested that if we look at this years down the road and we are still in a mess wouldn't it be politically in better stead if we go to court now. Then we have used due dilligence. Jim noted it is strictly a judgement call. How do you all feel? It was unanimously voted to move ahead with the court case and not pursue a settlement at this time. The motion to proceed with litigation was made by Selectman Doyle and seconded by Selectman Joy. The executive session was adjourned at 6:40 p.m. as moved by Selectman,Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary �st h T EXECUTIVE SESSION FEBRUARY 24, 2004 At 7:35 p.m. the executive session was called to order. In attendance were Selectmen Dick Joy and Michael Doyle and Counsel Jim Lagoulis. t Counsel advised that he had,a meeting with Atty. McCaron representing JRM. Jim advised he that the town had no interest in JRM running or using the town's transfer station. Atty. McCaron advised that JRM's position was simple. There is no way to be in the trash business and return to base with empty trucks every time. There will also be some trucks containing trash parked overnight. JRM is willing to build a building to house these trucks. They also want to be able to process cardboard and white goods and they are entitled to do that under DEP regulations. Jim advised that he was only authorized to offer the parking of empty trucks on site. McCaron noted if there is to any kind of settlement both side would need to make concessions or else the town would be taking away the use of JRM's property. Jim advised the Selectmen that is the town has any interest in a settlement it would have to be with very strict controls; The draft regulations before the BOH will definitely affect this site when/if they are accepted. If a resolution is agreed upon I need a proposal for specific activities defined for this site. He asked the Selectmen if they wanted to pursue this or just roll the dice in court. Mike stated JRM had not been up front with them from the beginning so we would like to just roll the dice. Jim advised that a court date has been set for some time in late March. Atty. McCaron had asked if he should ask for a continuance due to the loss of the third Selectman. Dick asked if they could still run the junkyard. Jim answered yes, definitely. Dick noted that he felt about 60%of the town doesn't care either way. If we lose in court, we will have no controls over his operation. Jim said originally there was a plan to build an office type building at the front and a large Morton building in the back to house the trucks. If trucks are parked outside there must be an impervious surface in place. Dick asked if we were to pursue the idea of a building would we have a say in the building and storage of the trucks? He noted if we go to court and win and JRM leaves town it would be the best of scenarios. If we lose can we then ask him to put up a building and establish guidelines. Jim answered he would have no incentive to do so. The BOH regulations will give us more control over places like JRM and Kozazcki's farm. Dick asked if a meeting could be set with Doug Packer and Brownie to answer some zoning and conservation questions. Mike suggested inviting Don Bade from the Parker River Clean Water Assoc. but that idea was discouraged. A meeting was set for Tuesday, March 2"d at 6 p.m. at town hall. � - I i f Jim also briefly touched on the Horden case. He advised that the two lot offer was still on the table. The court case has been continued by Atty. Sheehan but the offer is still our there. At 8:20 p.m. the executive session was adjourned as moved by Selectman Joy and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary J I EXECUTIVE SESSION NOVEMBER 17, 2003 The executive session was called to order at 8:00 p.m. In attendance were the Board of Selectmen, Richard Joy, Michael Doyle and Bruce Saunders;the Board of Health, Alba Gouldthorpe,Elaine Byrne and Steve Fram and Counsel James Lagoulis. The purpose of this session is to discuss pending litigation with JRM. A letter from Attorney McCarron, representing JRM had been received offering to meet with the town officials and counsel to talk about a compromise. Jim Lagoulis noted that DEP had made visits to JRM to inspect the property and had filed "non compliance" orders against them. Steve Fram asked how he would read between the lines of this letter. Jim advised that he felt the town could win in court although we have had little help from DEP and MVPC concerning our water resource areas. If a compromise will help the town, we should look at it,but if it does not help the town we should not pursue it. If we do reach a compromise it must be have very explicit controls. Bruce Saunders said we must decide if we are interested. If we win the suit, we will still have the junkyard. Discussion does not mean we will agree with terms. We must come up with controls and standards that are enforceable. Mike Doyle noted if we could trust them it would be fine but they have shown no good will to date. Steve Fram said if we negotiate can we put restrictions on the property. Jim Lagoulis advised you can make them do all the work inside a building, pave the parking area, agree to regular inspections, etc. This might alleviate many of the issues. Alba Goldthorpe asked who would supervise them. Jim advised that the Board of Health and DEP would. Steve asked what do we get if we win in court? Will we still have a junkyard and can we get him out of town? Jim answered, probably not. You are not going to achieve your goal and will have to implement strict controls. If we give him anything, you cannot assume he'll abide by your wishes, you will have to have strict controls. Alba asked what if we say no and go to trial. Steve-it comes down to, do we want to negotiate or take our chances in court. Bruce it appears they are not looking to be transfer station. Paragraph #1 would be negotiable but without recycling materials. I think he is a business man trying to salvage what he's got. I would be for attempting a negotiation but including very strict enforceable controls. Jim- if you do that, all activities should be limited to inside a building. Steve - I think there might be a way to make it work. Mike - Are we going to allow recycling. Steve - no,require all trucks with refuse to be inside, no recycling, no transfer station and maybe add something to our tax base. Mike - if he increases the number of trucks out there it will be a bad situation made worse. I recommend we hear what Senator Tarr has uncovered. Dick Joy asked what happens if we win in court. What will we be rid of? Jim- only the storing of trucks with trash on a more regular basis. Elaine Byrne stated he also takes white goods. .Jim-have you seen the letter from DEP regarding white goods? DEP only said violations were found and must be cleaned up. Dick- fines mean nothing to him. If S we win he has a junkyard and a parking lot for trucks. Jim- you might hamper his operation but you will not run him out of town. Elaine - we will have to harass him. Jim- harassment is figured into his cost of doing business. Dick-these problems and violations have been made public and he doesn't seem to care. Bruce- what we need are specific regulations and rights of inspection. If violations are found we need teeth in the regulations so they can be enforced. Dick- let's take it to court. If we lose, we'll be no worse off than we are now and if we win he still won't go away. Mike -the Board of Health can put restrictions in place. Dick-if we negotiate, can we get him to agree to strict regulations? Jim-I don't know what he'll do, but all we lose is time. Dick-if we negotiate we can control the situation, in court it is a coin toss. Mike - I think he has a connection with DEP higher ups and the town will have to enforce any changes. I think we should just go to trial and not negotiate. Elaine - my feeling is we should throw out the strictest language and see what comes back. Steve - if we win in court I only see recycling disappearing. Mike-we can fine him for violations but the town needs bylaws with teeth. Steve -there are state regulations n place we can use. Jim- JRM is in the 'industrial zone'and you should be careful what you might get. Elaine - we have the water overlay district which restricts the area somewhat. Bruce -right now the violations are recycling white goods and parking vehicles which still contain trash. Steve - a permit is not required to recycle but state regulations must be followed. Jim- it is not enforcement of the laws but having trained agents to do regular enforcement. Dick- I agree if the regulations are in place they must be strictly enforced. Mike - McGregor said the Board of Health can regulate this business out of town. Dick- what do we have to lose by meeting with them, let them lay out the situation and tell them what the town wants from them including their participation in sharing in the cost of an agent to do regular inspections. What if the court asks us to negotiate? Mike - We have an ACEC situation out there. Dick- what is the down side to talking to them? Bruce -tight controls, penalties and the rights of the town including sharing in the cost of enforcement should be discussed. Dick- if he's legitimate and wants to run his operation properly he should expect to spend 50 to�60K and be willing to share in our cost of enforcement. Jim -the problem here is everyone is frustrated because JRM is still there. Elaine - why don't we use the regulations that are in place and enforce them? Steve - if we want to get rid of him why aren't we harassing them? Mike - McGregor suggested putting bylaws into effect through the board of health. Jim-I have those bylaws and can send them to you tomorrow. If the regulations are reasonable, he cannot claim harassment. You do need probable cause. You can continue to harass but I don't think you will achieve what you want and he won't just go away. Bruce - we should attempt a compromise with him. Financial concerns will be the only thing that will move him out. It is all the cost of doing business. If we negotiate we need to beef up our regulations specific to his operation and then we may have a chance. Jim- if you want a meeting you should lay out your wishes. He may not agree to a meeting. Dick- we are not dropping the court case and the board of health can start enforcing their regulations. Steve -I think if we win and he appeals, he can stay in business until the appeal is heard and that could take many years. Jim- when JRM bought in Newbury they looked at zoning and uses in the industrial district. The water protection bylaw was not in that section. Bruce -that bylaw didn't exist when they first bought. It was put in when the Byfield Water District enacted their well head protection. If there are any negotiations we need a sunset clause. We cannot put off the court case. Steve -I am convinced even if we win we won't move him out of town. Jim- I'll send the draft regulations for your review out on E-mail. We can put together our guidelines and regulations as a response to Atty. McCarron's letter and see if they are willing to meet and negotiate terms for the continuation of their business. The executive session and meeting was adjourned at 9:15 p.m. by the Selectmen as moved by Mike Doyle, seconded by Bruce Saunders and voted unanimously. The executive session was adjourned by the Board of Health at 9:15 p.m. as moved by Elaine Byrne, seconded by Steve Fram and voted unanimously. The Board of Health will reconvene their business meeting in open session. Respectfully submitted, Kathleen Sirois, Secretary EXECUTIVE SESSION JULY 22, 2003 The executive session was called to order by Chairman Joy at 7:55 p.m. Chief Merry was called upon to explain the nature of the criminal charges against Lt. Gary Clifford and to confirm that Lt. Clifford had been indicted by a grand jury on those charges. Chief Merry explained that on May 1, 2003 when Lt. Clifford was arrested, he had placed him on administrative leave with pay. On July 9th, upon notification of Clifford's indictment of nine counts of felony charges, he notified Lt. Clifford he was on administrative leave without pay, not realizing that this should have been done by the Appointing Authority which is the Selectmen. As this is the Selectmen's first meeting since the 91h, and based on the charges, he recommended suspension. Lt. Clifford was asked if he had any questions and he replied that at the suggestion of Counsel, he had no comments at this time. Counsel Anderson was also asked if he had any questions of the Board and he replied he did not. On the recommendation of Chief Merry and in accordance with M.G.L. c.268, s.25, it was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously,to place Lt. Clifford on suspension without pay pending the outcome of the case. At 8:05 p.m. it was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to adjourn the executive session. Respectfully submitted, Kathleen Sirois, Secretary EXECUTIVE SESSION JULY 22, 2003 The executive session was called to order by Chairman Joy at 7:55 p.m. Chief Merry was called upon to explain the nature of the criminal charges against Lt. Gary Clifford and to confirm that Lt. Clifford had been indicted by a grand jury on those charges. Chief Merry explained that on May 1, 2003 when Lt. Clifford was arrested, he had placed him on administrative leave with pay. On July 9t'' upon notification of Clifford's indictment of nine counts of felony charges, he notified Lt. Clifford he was on administrative leave without pay, not realizing that this should have been done by the Appointing Authority which is the Selectmen. As this is the Selectmen's first meeting since the 9`h,and based on the charges, he recommended suspension. Lt. Clifford was asked if he had any questions and he replied that at the suggestion of Counsel, he had no comments at this time. Counsel Anderson was also asked if he had any questions of the Board and he replied he did not. On the recommendation of Chief Merry and in accordance with M.G.L. c.268, s.25, it was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously, to place Lt. Clifford on suspension without pay pending the outcome of the case. At 8:05 p.m. it was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to adjourn the executive session. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN-EXECUTIVE SESSION March 12, 2002 The meeting was called'to order at 7:50 p.m. to discuss negotiations with Mike Reilly representative of the Police Union and an amended proposal received from them. Chief Merry was prgsent. Chairman Tevald advised that disussions essentially have been about salary, sick days, vacation and the Quinn bill. He stated that Newbury is the lowest on the salary scale for p North Shore communities which was figured without the inclusion of Boxford which is very high. The original proposal from the union was to bring Newbury to average immediately. Our counter proposal was to use all three years of the contract to come to average. The union countered with"up to average within 2 years". That is a reasonable pace without trying to do'it immediately. A 4% COLA over three years projects to an average of$22.47/hr. if Newbury were at average now. The top step in Newbury now is $17.40 and the North Shore average is $19.98. When the numbers were crunched, we came up with$19.09/1'year, $20.78/2°d year and $22.47/3`d Selectman Doyle asked how we got to be so low. Chairman Tevald advised that there was no answer to that. The contract is negotiated every three years and our last contract was three years ago. Selectman Doyle said he feared these raises will reverberate throughout the town. Fire'and town employees may be affected. Gene Case of the Finance Committee says the town is in trouble this year as are all other towns in the area. Selectman Tevald noted that the proposal will go to ATM floor and if not approved it is back to the drawing board.', We can't afford not to at least bring the salaries up to average. We spend money to train officers and they leave for better pay. Chief Merry stated that Rowley and Merrimac also just caught up with their last contract. Mr. Adams agreed that . we were not behind three years ago. The surrounding towns have caught up to the average in the interim with their new contracts. We went through this about ten years ago,he stated. Selectman Doyle asked how much it costs toget an officer.up and running. Chief Merry stated approximately$5K with uniforms and firearms. Then there is added training for certifications, 911, medical dispatch, etc. Some towns have had to go to civilian dispatchers to'be compliant with the new regulations. It is cost prohibitive to have to train all officers for dispatch. Selectman Tevald opened up the changes to the original union request. 1. The wording in the first paragraph of Article 7 (seniority of f/t officers)protects the two full time officers now in the academy. Before there was no credit while in academy. It protects against some one else being hired while in academy and gives credit toward seniority while in the academy.. 2. Chief must furnish in writing reasons for transfer of employee. Currently not in writing. The Board of Selectmen have the final word. "Involuntary transfers" now done at the sole discretion of the Chief as he sees to be in the best interest of the department. They can'then go the grievance(Board of Selectmen). 3. Article 9- sick leave upped from 120 days to 180 days. I suggested we spread it over three years (20 days each year up to 180 days in the third year). 4. Article 10-vacation time -we negotiated the following: 1 After one year& less than 5 years 2 weeks After 5 years& less,than 12 years 3 weeks After 12 years 7 less than 20 years 4 weeks Over 20 years 5 weeks Vacation time cannot be carried over and must be used in the fiscal year. There is no vacation buy out-use it or lose it. In accordance with the Fair Labor Act holidays count as hours worked and the union wants vacation time to count towards hours worked. I am open to suggestions. Do you have an opinion one way or the other. Chief Merry-it will increase over time but I have no idea how much. They don't take extra shifts now because of that. Selectman Doyle-if there is no abuse of the system, I think it is okay. Chief Merry-reserve officers do not get benefits except for holidays. Chairman Tevald- vacation days are not a big concession. Reilly says it is difficult for the Chief to fill shifts and it looks like this will help the structure of the schedule. Chief-only full timers get vacation. If allowed time and a half as opposed to regular time I may be able to fill the shifts. 5. Article 13-Quinn Bill. The union wants the town to assure they will continue with their 50% share even if the state abandons the agreement. The Chief noted that at town meeting the people voted to support the 50%but would not be responsible for the state's share and the union agrees that the town should not be responsible for the state's share if they renege. The Selectmen agreed they had no problem with the Quinn bill. 6. Article 13, section 4 - increase in shift differentials. Union looking for 4%_for evenings(now 2 1/2%) and 7%for midnight(now 5%). The Board had no problem with this request. 7. Language relative to hours worked and distribution of o/t. The association(union)wants more consideration than the reserve officers. Chief-all o/t shifts are offered to reserve officers first because rates are lower. If we can't fill it there then the decision must be made whether to not fill the shift or go to time and a half. Tevald-the association wants to alternate between reserve and full time. We negotiated a 2-1 ratio. Doyle-I'd rather let the Chief make the decision. Tevald-the association wants a guarantee that for every shift offered to the reserves, one o/t shift will be offered to full timers. Mike Reilly said they would be happy with a 2-1 ratio. Chief-maybe this could be negotiated in the second year. One thing we have to watch out for is people play games with a schedule like this. It has not been a problem in thist"' Board-suggest we table this until 2nd year for re-negotiation. 8. Article 17- increase compensation for details from$30 to $35. The town will actually benefit because we get 10%of each check-a$35 detail is billed at $38.50 with a 10% administrative fee added. Doyle-how about town details. Chief-if called a detail must pay private rate. In the past a town job has been called a town assignment at the current pay rate and paid out of the police budget. If the assignment requires a full timer,they usually get time and a half anyhow. State law says you cannot have dual rates. 9. Article 18 -to delete a clause from original contract(Clause F). This is fine as it has no meaning anymore. 10. Article 19- longevity pay. It is proposed to be 1 the same as the town which would be a maximum of$750 after 15 years and indefinitely. Clause "D was deleted which stated$1000 for over 20 years. The board approved going to,$750,for 15 years and over(was maximum of$500). 11. Article 20 -strike "academy trained" in the clothing allowance paragraph. If you are 5 in the academy,a clothing allowance should be provided. Reserves currently get a clothing allowance. Board agreed to strike the clause. Money articles-Article 13,'section 1 - Wages. Our strategy is that it is not feasible to go to the average in the first year. I think it is agreeable to spread the increase over two years and give them a full third year at the average. If we spread it over three years we will probably fall behind again. Appendix A-proposed rate for Ft top step patrolmen The average is in the*proposal not in the explanation. To bring it up to average in the first year with 4%COLA would be$20.78/hr. Spread over two years,the first year would go r from$17.40 to $19.69;2°d year with 4Q/d COLA would be $20.78 rather than$21.61 and by 7/1/04 we will Have made up the difference and be at average of$22.47 for the 3'� year(FY05). Chief-so right howthe top step is at $17.40(FY02),FY03 will be $19.09, FY04 will be$20.78 and FY05_will be $22.47. My,budget proposal was higher than what we have discussed so I am over budgeted at this time. My bottom line increase was $102K or 11%., Doyle.=we will be talking about 9-10%. Chief-I know the FinCom is crunching numbers-arePwe Wkuig a possible over ride? Tevald-we used the same schedule for sergeants,the average notA being'at$23.68 and we are at $21.04 The first;year would be $22_.91,second year$24.78 and third year$26.65. This would catch us up to the average:at the end of the second year. Dispatchers were proposed:at$14 02. We Fcountered at$13.55 for the first year, $14 35 second year and f $15.16 the third'year: Reserve currently at$12 3 9/hr which is ahead o f the average. r They proposed$13.78 and we countered with$13 26 for the'first yeai, $14.13 for the s. second year and$15 for the third year. Reserve dispatchers_and reserve patrohen are the ramie (-81/2%)$12.61 first year, $13.1 l'econd year,and$13.63 third year'. it was agreed to le that stand Chief Merry I proposed to the FmCom that Sgt. Eiserman s wages be left in the budget. I don't have'an. to fill his posrtlori at this time However,.I do need an investigator to follow up my inexpenenced force I would like to`put someone into an investigators . w- ti position, maybe part tune and would like to tap these wages for this posirion.�I also Y -.e . - . . added a 0 dispatcher at-a rate of$29,217/yr.' I have not replace Kathy Spencer and the x desk shifts filled by full time officer's because no`reserves are available to work has cost us$18,889 40 i overtone to date I have Had two people interview for this position-Peg Olson and George Bulgaris and I thank we can save `some money by adding this fourth 77 position rather than paying overtone. I also have never`repiaced McCarthy Y.With White and Eiserman gone I am going backwards The work load is heavier here than in Rowley and they have 14 full^time offic rs. We have ten including myself and Andy: With the 4 and 2 schedule we need at least one more fulltime position to fill the roster. We now depend on the reserves and they tell us when they can work: , y k , : 4 ' V R a Y Doyle -According to Bernie your budget this year will be overdrawn about$5800. How L much of that is the Quinn Bill reimbursement? Chief-the Quinn bill is about $18K. We will have less of a deficit because we lost Eiserman. Also, because of the state of emergency declared on 9/11 we may get some funds back. Uniforms for new officers were an unforeseen expense. Tevald-there are a few ways to sell this budget on the floor. The cost of public safety is not going down. The town does not usually fight the police budget while they scrutinize all other departments. We've gone through the association contract. Roger needs to rework his numbers. Maybe is we cut the sergeants position to a patrolmen's position and utilize that for a part time investigator as a special position it would work. Chief-I'll rework the numbers and direct them to the finance committee. The contract proposed by Andy Avelis was discussed. The documents could not be located and Andy will be asked for a copy. The Chief advised that he had not yet put together a contract. Tevald-the Chief and Andy are not formally under contract. They tried with the last contract but their salaries were frozen and they only got the 3% COLA. Basically they have gone along with the union contract as t vacation, sick days, over time etc. Lieutenants are bumped $1 over sergeants. That keeps the lieutenants proportioned with the sergeants. We need to address wages for the Chief and Deputy Chief I think Andy's request was for just under 10% increase. Doyle-do we have comparison figures from area chiefs? Chief-my base if$65K without the Quinn Bill and$71K with the Quinn bill. Tevald-we'll have to get numbers from Kevin and speak with counsel to see how we can meet to discuss budget matters other than in executive session. The meeting was adjourned at 10:15 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN' S MEETING January '13 , 1998 Chairman Machiros opened the meeting at 7 :45 p.m. Selectman Joseph S . Tevald was present . Krystine Blankenship of the North East Regional Tobacco Education Collaborative made a brief report to the Board on the results of their retailers compliance check conducted in December . Newbury ' s compliance rate dropped from 100% in August to 56% in December as four of our nine stores sold cigaretts to minors . Federal FDA regulations require retailers to ID any person who appears to be less than 27 years of age . Ms . Blankenship advised that the FDA will be' doing spot checks and. penalties are involved. when they find a non-compliant retailer . The NRTEC teams believe the reason for the drop in compliance rates (which was state wide) was the use of 17 year old buyers in place of 15 and 16 year olds . Chairman Machiros stated he would also be interested in the age of the sellers . NRTEC will forward that info to the Board. Chairman Machiros advised that the Board would speak with the retailers on a one- on-one basis in hopes that town-wid.e compliance will improve next quarter . The Board thanked. Ms . Blankenship for her report . Installers permits were reviewed and renewed for the following : R. B. Strong Septic System Services , Edw. J . Tramblay, Haynes & Sons , Charles E. Killam, Stuart Dalzell , Kevin. Greaney Materials & Trucking , David. W. Foley, J . Gallant Pool Co. , Sullivan Septic Service , and Richard Briscoe . A permit was granted to NET&T to maintain 151 feet for buried. cable and one pedestal on Longbrook Road . A request for use of the Upper Green ballfield on Tuesday and Thursday evenings April thru September by the Old Newbury Clammers Softball Team to host league games was approved. A request for use of the Upper Green ballfield on Monday & Wednesday evenings April thru September by Mr. Moe ' s Softball Team to host league games was approved.. A new installers permit was approved for R. E. Johnson Construction Co . of Westford, MA pending. Selectman Tevald ' s investigation of their references . Selectman Tevald noted that the company is well reputed and he foresaw no-.-problems . I General Business licenses were renewed for Parker River Trading Post , International Antique Mart , Apple Cider Press & Prints , Poor Richard' s Barn , Ould Byfield Expo Tea Room, John Tiernan-Hanover Place , and. Byfield Auto Center . The following warrants were signed. by the Selectmen : December 30 , 1997 W26 $32 , 152 . 70 PW26 36 , 723 . 75 January 6 , 1998 W27 34 , 189 . 87 3 Selectmen ' s Meeting (cont ' d) January 13 , 1998 January 6 , 1998 PW27 $26 ,268 . 02 The meeting was adiourned. at 8 : 10 p .m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING January 27 , 1998 Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen Joseph S . Tevald and Alan I . Adams were present . The following warrants were signed by the. Selectmen : January 13 , 1998 W28 $ 98 , 816 . 13 PW28 36 , 782 . 11 January 20 , 1998 W29 369 ,350 . 52 PW29 30, 356 . 82 It was moved and seconded to release the Installers Permit for R. E. Johnson. Construction Co. Selectman Tevald advised his investigation showed the firm to be well reputed as he noted at the last meeting . A one day special permit for the sale of alcoholic beverages for Protection Fire Co. #2 for a function on February 7 , 1998 from 12 noon to 9 p .m. was approved. The fee was waived. A request from Viking Gradventure for use of the Upper Green on May 16 . (raindate May 17) for a craft fair was approved with the stipulation that the responsibility for clean-up be designated and, no campers be allowed on the Green. On the recommendation of the Harbormaster , two appointments were made to the Newbury Harbor Patrol - Charles H. Knight and Andrew C. Mullen as moved by Selectman Adams and seconded by Selectman Tevald. The following general business licenses were approved - Flukes & Finds , The Heart of Byfield, Buddy ' s Books , Josette ' s ADZ and Loom. A new license for CB Restorations was put on hold and a Class II Used Car License for Rte 1 Auto Center was also held temporarily pending inquiry into any limitations originally placed on this license . Chairman Machiros reminded all apresent of Senator Ja.iuga ' s informat- ional session on the Harbor Schools which will be tomorrow evening (1/28) at 7p .m. at 'the Newbury Fire Station Memorial Hall with hopes that all would attend . The meeting was adiourned at 8 : 05 p.m. Respectfully submitted., Kathleen Sirois , Secretary SELECTMEN' S MEETING February 24, 1998 Chairman Machiros opened the meeting at 7 : 30 p.m. Selectmen Joseph S . Tevald and Alan I . Adams were present . Chairman Machiros welcomed Cub Scout Troop #44. He presented the scouts with 350th commemorative coins and copies of the Annual Report and FY98 Warrants . He commended the parents and leaders for giving their time and effort to such a worthwhile organization. Scouts present were : Alex McDonald, Sam Brewster , Billy Dow, Chris Lofaro, Brian Thurlow, Brian Fernald and Chris Blackwood. A commendation was read and awarded to Gregory Harrison of Salisbury who was responsible for saving two Newbury boys who had fallen thru the . ice on a Hay St . pond on February 17th. A newbury flag was also presented to him from the Board with their gratitude . Chairman Machiros expressed the Board' s thanks and appreciation to the men and women of the Police and Fire Departments for their professional- ism at a recent Public Safety Meeting chaired by Senator Jajuga with Senator Tarr and Representatives Stanley and Finnegan on the subject of the Harbor School on Rolfe ' s Lane . We sincerely appreciate the efforts of our Congressional representatives stated Chairman Machiros , unfortunately it appears the case is going to litigation. The Board nominated Carol Larocque , Madelyn Cirinna and Deborah Knight as Inspectors of Animals . These nominations will be forwarded to the Bureau of Animal Health for approval . A proposal from the New England Chapter of Transplant Recipients International Organization (TRIO) to include Newbury in their N. E. Coastal Walk beginning in Portland, ME on April 19th and proceeding to Providence , RI was approved pending Chief Merry' s review. The group plans to cross thru Newbury on Rte lA late in the afternoon of April 21st . A one-day special permit for the sale of alcoholic beverages was approved for Protection Fire Co. #1 for their Annual Fireman' s Ball at GDA on March 7th from 6pm to 12 midnight . A one-day special permit for the sale of alcoholic beverages was approved for Anna Jaques Hospital Aid Assoc . for a Great Chef ' s Night at GDA on March 20th from 6pm to 12 midnight . A letter of resignation from the Police Reserves from Paul Croteau was accepted with regrets . Licenses were reviewed and renewed for the following businesses : Volpone Towing , Atty May' s Beachcomber , Pheasant Meadow Farm, Byfield General Store , Byfield Trading Co. , PITA Hall , Plumer Woodworking & Glass Co . The month of March was proclaimed "American Red Cross Month" as moved 7 Selectmen' s Meeting (cont ' d) February 24, 1998 by Selectman Adams and seconded by Selectman Tevald. The following warrants were signed by the Selectmen: January 27 , 1998. W30 $ 83 , 723 . 22 PW30 29 ,986 . 74 February 3 , 1998 W31 35 ,470. 46 PW31 34, 665 . 47 February 10 , 1998 W32 31 ,403 . 11 PW32 30,322 . 26 February 17 , 1998 W33 463 ,918 . 71 PW33 26 ,968 . 67 The meeting was adjourned at 7 : 45 p.m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING March 10, 1998 Chairman Machiros opened the meeting at 7 : 30 p .m. Selectman Alan I . Adams was present . A request from Cub Scout Pack #44 for use of the rear side of the Upper Green (Handtub Lane) for a "bottle drive" on March 28th from Sam to 2pm was approved. The coordinator and scouts will be responsible for clean-up of the area at the end of the event . A petition article for the ATM warrant was accepted. A proposal from the Newburyport Lions Club to extend the Yankee Home- coming 10 mile roadrace course into Newbury (High Rd. to Rolfe ' s Lane to Water St . ) was approved as moved by Selectman Adams and seconded by Chairman Machiros . Chief Merry also expressed his approval of the proposal . Chairman Machiros stated Newbury was happy to cooperate and would help in any way needed. He commended all the volunteers for their time and efforts expended to make Yankee Homecoming week the success it is . The Board accepted a check from Media One in the amount of $1 ,079 which represents the franchise fee due the Town under state law. In accordance with Chapter 90, section 18 of the General .Laws , as amended, Special Speed Regulation #7715 (Newman Road) was adopted by the Board of Selectmen as moved by Selectman Adams and seconded by Chairman Machiros . The speed limit set by Mass Highway for Newman Road will be 30mph. Chief Merry advised if left unposted the speed limit would be 40 mph. A Class II Used Car license was reviewed and renewed for Oulde Byfield Expo Center . On the recommendation of Chief Merry, Hayden C . Beckman Jr . was appointed as a Reserve Police Officer thru 6/30/98 a' moved by Selectman Adams and seconded by Chairman Machiros . It was acknowledged by Secretary 9 Selectmen' s Meeting (cont ' d) March 10, 1998 Sirois that Selectman Tevald had expressed his approval of this appointment earlier in the day as he was unable to be in attendance for the evening ' s meeting . The question of late applications by clammers for commercial permits was raised. The Selectmen agreed they would accept late applications on a case by case basis . The following warrants were signed by the Selectmen: February 24, 1998 W34 $ 25 ,072 . 40 PW34 28 , 573 . 75 March 5 , 1998 W35 134, 821 . 84 PW35 32 , 898 . 75 The meeting was adjourned at 7 : 45 p.m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING March 24, 1998 Chairman Machiros opened the meeting at 7.: 40 p .m. Selectmen Joseph S . Tevald and Alan I . Adams were present . The following warrants were signed by the Selectmen: March 10 , 1998 W36 $114,485 . 47 PW36 30,395 . 08 March 17 , 1998 W37 342 , 193 . 58 PW37 28 , 605 . 58 W37A 846 . 00 An invitation to the Selectmen from thJ3 Quascacunquen Grange #236 for Mock Town Meeting on April 23 , 1998 at 7 : 30 p.m. was read and accepted on behalf of the Town. The resignation of Bruce Emerson as an Assessor effective April 1 , 1998 was accepted with regret . On the recommendation of the Board of Assessors , Jospeh Cutrone of Lenway Road, Byfield was appointed as temporary Assessor to replace Bruce until the 1999 election at which time Mr . Cutrone may run for the remainder of the unexpried term. Moved by Selectman Adams and seconded by Selectman Tevald. On the recommendation of the Historical Commission, Margaret Stokes , #7 4th St . was appointed a an associate member of the commission as a Plum Island representative . Moved by Selectman Adams and seconded by Selectman Tevald. 1.1 Selectmen' s Meeting (cont ' d) March 24, 1998 A request from the Byfield/Newbury Baseball League for use of the Lower Green on Monday evenings 6-8 pm and the Upper Green on Friday evenings 6-8 pm beginning May 12th for T-ball , Kindergarten age boys and girls was approved. A request from the Byfield Village Association for use of the Byfield School and Byfield Town Hall on June 6 & 7 for a cultural arts show was approved, subject to proof of liability insurance being secured. On the recommendation of the Conservation Commission, Worthen Taylor III was appointed as an alternate member of the commission as moved by Selectman Adams and seconded by Selectman Tevald. General business licenses were approved for Marshview Farms , Pearson Hardward, Art & Camera Custom Framing , Pert Lowell Company Inc . , and JLM Design. A request from the Parker River Clean Water Assoc . for use of the Lower Green May 23 and 24 (raindate May 25) for the Annual Parker River Festival was approved. The meeting was adjourned at 8 : 15 p .m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING April 14, 1998 Chairman Machiros opnend the meeting at 7 : 50 p .m.• Selectmen Joseph S . Tevald and Alan I . Adams were present . The following warrants were signed by the Selectmen: March 24, 1998 W38 $ 61 ,488 . 21 PW38 34 ,424. 41 March 31 , 1998 W39 32 , 568 . 65- PW38 29 , 820 . 18 April 7 , 1998 W40 200, 019 . 54 PW40 27 ,462 . 43 Selectman Tevald moved to reorganize the Board with a motion to retain Angie Machiros as Chairman of the Board for the remainder of his term. Selectman Tevald stated Angie has done a great job over the years and you can' t argue with success . The motion was seconded by Selectman Adams . Selectman Adams moved that Selectman Tevald remain as Clerk as his daytime hours are move flexible. to allow him to work -on Board Matters , seconded by Chairman Machiros . , The warrant for the Annual Town Meeting of April 28th was reviewed and signed by the Selectmen 13 Selectmen' s Meeting (cont ' d) April 14, 1998 Chairman Machiros advised that a public informational, meeting jointly held with the City of Newburyport , Newbury and DEP will be held on April 23rd at 7p.m. .at the firehouse on Morgan Avenue for the purpose of discussing the water/sewer line to P. I . A request from SPNEA to allow a banner on the backstop advertising their Draft Horse Plow Match was granted. A permit from Essex County Gas Co. to open and excavate 4 Coleman Rd. to install a new gas service was approved subject to Tim Leonards review. A request for use of the Upper Green ballfield by the Christian Community Softball League on Friday evening was approved except for the weeks between May 12 and June 27 which has been previously granted to Newbury/ Byfield Baseball League . Request for use of the Byfield Town Hall by Byfield Water District for their Annual Meeting and Election on May 5th from 5 : 30 to 8 : 30 p .m. was approved. A request for use of Byfield Town Hall by Gospel Hall for their Annual Bible Conference on May 23 & 24 was approved. A request for use of the Upper Green Ballfield by Newbury Youth Program Center for a softball game on Aug . 27th from 6-8 : 30 p .m. will be passed on the the Old Newbury Clammers Softball League who has use of the field for the season on Tuesday & Thursday evenings . A request for use of the Lower Green by Triton U-14 soccer for practices only on Monday, Tuesday and Thursday evenings from 6-8 p .m. was approved except for Monday evenings from May 12 to June 27 which is reserved for T-ball . General business licenses were reviewed and renewed for Changes Hair Design, Cheryl ' s Island Clip, Cross Statch Shop and Appleton Woodworking . A new installers license was given tenative approval for Joseph Cardillo of Wakefield, subject to Selectman Tevald' s review. A new Class II Used Car license was given tenative approval subject to the filing of a completed application and the Chief ' s review for Brian Davies at 19 Central Street . Acceptance of bids for road materials and equipment was extended to noon on April 30 . . the bids received will be publicly opened and read at . 3p ..m on the 30th. Chairman Machiros advised a date will be determinded shortly after the ATM for a public informational meeting on the Green Street intersection. The meeting was recessed at 8 : 15 p .m. 15 Selectmen' s Meeting (cont ' d) April 14, 1998 At 8 : 20 p .m. Chairman Machiros reconvened the meeting . He expressed the Board' s committment to the library project and reconstruction of the adjoining ballfield. Tonight ' s meeting demonstrated a definite need for additional playing fields he stated. Funds for additional fields will be appropriated at the STM the end of June . A request for use of the Upper Green on August 7 from 9-4 for the J purpose of holding a small carnival was approved for the Newbury Youth Program Center under the direction of Mary Rogers . The meeting was adjourned at 8 : 30 p .m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING May 26 , 1998 Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen Joseph S . Tevald and Alan I . Adams were present . The following warrants were signed by the Selectmen: April 14 , 1998 W41 $370 , 683 . 23 PW41 31 , 115 . 42 April 21 , 1998 W42 37 ,591 . 07 PW42 31 , 141 . 16 April 28, 1998 W43 52 ,41.9 . 46 PW43 30 ,288 . 85 May 5 , 1998 W44 35 , 604. 78 PW44 30 , 174. 02 May 12 , 1998 W45 378 ,053 . 52 PW45 30,233 . 64 May 19 , 1998 W46 33 ,450. 16 PW46 33 ,031 . 09 There being no one present for the opening of bids for roofing and a chipper , the Board moved to delay the opOenings until after the informational meeting on the closure of Green Street . Chairman Machiros thanked all for coming to review the plans for Green St . He introduced Norman Brown and Tom Cook of Millennium Engineering , who spoke briefly about the permanent changes proposed. The meeting was then opened to questions , comments and suggestions from the public . (see insert for public comments) At 8 : 35 p .m. Chairman Machiros thanked all for their input . The priorities I 'm hearing , not necessarily in order of importance seem to be : 1 . turn around at end of Green Street ; 2 . stop parking on Hanover St . along right side beyond the lights ; 3 . possible synchronized or delayed lights at High Rd. /Hanover St . , also possible extra lane for left turns off High Rd. ; 4 . crosswalks on Hanover when road is resurfaced and on High Rd. , recommendations to be made to Mass Highway; 5 . striping Hanover St . especially the intersection of Green & Hanover; 6 . check with the Bus Co. to see 1T an alternate service can be provided for Mrs . Powers day care children. The informational meeting was ended and a five minute recess was called at 8 : 40 p.m. 17 Selectmen ' s Me.eting (cont ' d) May 26 , 1998 At 8 : 45 p .m. the Selectmen ' s meeting was reconvened. Chief Merry noted upon looking at possibilities for crosswalks , one from Green St . to the front of the gas station might not be possible as the station occupies the entire NW corner . A better solution might be to cross High from the park to Morgan, cross Morgan to Town Hall and cross High past Town Hall to beyond the gas station to continue northbound on High Rd. Chairman Machiros stated all suggestions will be explored. Selectman Adams noted that a turn-around at the end of Green St . sounds like a good idea if it is possible . Also recommended was the addition of a second guard rail after the plantings behind the backstop and along Hanover St . to provide a buffer area for the children. Chief Merry stated his recommendation for the safety of the general public would be the closure of Green St . at Parker and posting that section "dead end'' ''no thru way" . It was moved by Selectman Adams and seconded by Selectman Tevald to keep Green St . closed to thru traffic from Hanover to Parker. At 8 : 50 p .m. the bids for the DPW complex were opened, read and given to the Building Inspector for his review and recommendation. The following bids were received: R.K. Anderson (W. Boxford) $15 , 575 Ayer Bros . (Newbury) $14. 260 James Mirages (Newburyport) $17 ,430 H.G.M. Co . (E. Lynn) $18 , 325 The bid for Trucking Services opened 5/11/98 was awarded to Pearson Landscaping Inc . as moved by Selectman Adams and seconded by Selectman Tevald. Bids for construction of the composite landfill Liner opened on 5/20 were reviewed. Based on the recommendation of Port Engineering, the contract was awarded to J . D. Hartnett & Sons of Newburyport as moved by Selectman Adams and seconded by Selectman Tevald. The three bids received were : J .D. Hartnett & sons (Newburyport) $292 , 631 Mirra Co . Inc . (Georgetown) $333 ,090 WES Construction Corp. (Dedham) $409 ,475 At 9 : 15 p .m. the bids received for 12" diesel turbo brush chipper were opened and read. Bids were received from Consolidated Utility Equip- ment Services Inc . of Amherst , NH for two models : W/C19E Woodchuck @ $21 , 150 and .W/C17 Woodchuck @ $19 , 180 and Morbark of New England @ $20, 900 . These bids and specs will be passed along to the Tree Warden for his review and recommendation - to the Board. A request for use of the Upper Green by the P. I . Mothers Assoc . for a craft fair on July 25th was approved. A request for use of the Byfield Town Hall by John Salter for a band concert and dance on June 12th 7-10 p .m. was approved subject to proof of liability insurance and the securing of a detail officer for the evening . max . INFORMATIONAL MEETING May 26 , 1998 (Green Street) At 7 :45 p.m. Chairman Machiros thanked all for coming to review the plans for Green St . Norman Brown and Tom Cook of Millennium Engineering were introduced and they presented a brief synopsis of their work with Mass Highway and the proposed changes . The meeting was opened to questions , comments , and suggestions . John Wall Is the intersection of Parker/High wide enough 2 Olde Town Way to allow both a left and a right turning vehicle in the interesction at the same time? Pat Wall Sidewalks on Hanover St . need to be extended or repaired, especially around the Green. Traffic at the lights during summer will back up! Norman We can propose to Mass Highway that a study be done on timing of the lights Dan Streeter A pedestrian access/egress should be considerec 3 Boston Rd. at the Parker St . end of Green to High/Parker Laurel Kincaid Possibility of a crosswalk at the corner of 1 Parker St . Green/Parker to Town Hall? Angie We will have to address this with Mass Highway John Zannos How about a crosswalk from Green to the 3 Parker St . Citgo station? Dan Breen Sidewalksr`needed both sides of High Rd . 2 Green St . Dan Brown Will Green St . remain open to "abutters only"? 19 Parker St . Angie Green St . not shut to residents . We ' ll ask the Chief to look at changing the sign asap Sylvia Lunt People pay no attention to signs anyhow. Had 16 Green St . seven cars pull into the street one night , five turned around in .my drive and one backed all the way out . Henry Rogers I welcome people using the Green, especially 4 Green St . the youngsters . I 'm against the "abutters only" or "residents only" signage . The Green should be available for all to use . Dick Bazirgan I share Henry' s view but am sensitive to the 26 Green St . people who live adjacent to the Green. Would it be possib le to install a small turn around at the end of Green? Joan Canning can we drive on Green St . between Hanover 9 Olde Town Way and Parker? Angie yes , certainly Chief Merry "abutters only" sign installed by SPS when detours were put in place for bridge closing The wording was not our choice but they were free . Sign will be removed asap as it sends an unfriendly message . Bill Cooper Concerned about the dangers of crosswalk from 35 High Rd. the ballfield at lights-crossing the right turn lane with the yield sign-cars do not stop or even slow down. Perhaps it should be a full stop? Norman sometimes these problems are an enforcement issue Chief We might look at adding a second "yield ahead" sign as a warning to drivers , however , most Mass drivers don' t know what YIELD means ! ! It is a $100 offense to not stop for a person in a crosswalk-yet drivers don' t stop. Chuck Mead intersection of Green/Hanover-cars traveling 8 Hanover St . down Hanover turn left into Green without stopping . Suggest heavy yellow line to show two roads intersecting. Also, have we looked at keeping Green 2-way and making it a left turn only at the Parker St . end? Chief we 've looked at it all ways-the problem isscuth bound traffic on High Rd. turning into Parker or Green and traffic trying to come out of Parker onto High. Verne Noyes suggested a low island at this intersection to keep traffic in the correct lanes . I 've looked at this intereection strictly from a public savety perspective-not convenience . Dede Bazir an cars used to barrel down Green onto Hanover . 26 Green U . I think this will be safer Dave Foley I 've lived in town 40 yrs , 22 of them as a 11 Bittersweet member of the Fire -Dpt . and there are more accidents at the lights than at Parker/High . How about emergency vehicles? Norman the planned mulch bed is to allow emergency vehicles to enter-the opening will be 12 ' wide Sylvia Lunt hope you will look at a possible turn around. Who ' s going to care for the plantings? Angie I 'm looking at the greenest thumb in town! Sylvia Lunt I 'm getting too old-cannot continue doing it Angie I will get help to keep it in shape Cheryl Stuart I agree with D. Foley-intersection at the 8 Parker St . lights more dangerous Joan Canning Maintenance is important-must keep the Green looking nice Mike Strout I am also a member of the Fire Dpt . Explain 72B Hanover St . where access for emergency vehicles will be Norman A 12 ' wide mulch bed behind the trough Tom Howard Concerned about Mrs . Powers day care - busses 65 Middle Rd. will not drop kids off on Hanover at Green and they cannot come down Green. I 've had to arrange to have my children picked up and dropped off. I 'm also concerned about the increased amount of traffic being forced onto the Rte 1 rotary. Angie I 'm not reading a lot of malcontent here . Experience over the past year indicates this is a better solution. Alan Adams Once we are rid of the jersey barriers and can beautify the area everything will look better . Dianna Fogel L also agree with D. Foley-interesction at the Olde Town Way lights is dangerous because of the barriers . Chief we have asked if the State can eliminate the little island at the lights , but it houses too many utility wires so it cannot be removed : The telephone pole is Mass Electric property and is a busy pole . However , Mass Electric will look into the possibility of moving it . Angie Perhaps a delayed light would work at this intersection! This might be something the State could do a study on for us . Mass Highway- has been very helpful with this project including visits to the site from the District Director to help with the engineering . Scheduled completion for this project is the end of June Frank McMahon Why not have a trial run and make Green one- 13 Hanover St . way for two weeks? Chief Public safety concerns better answered by the closure of that section of Green between Parker and Hanover . Joe Tevald Can we post the right side of Hanover at. the Green to prevent parking especially now that the softball season is in full swing? Road very narrow with cars parked on both sides . Chief My recommendation for public safety reasons is to close Green St . between Hanover & Parker making it a dead end-no thru traffic and to consider tonights suggestions from the resident Perhaps the guard rail and plantings might be extended 20-30 feet on right from the lights to prevent parking near the intersection along the side of Hanover Norman shouldn ' t present a problem-we ' re only talking a few hundred dollars Angie the priority' s I 'm hearing , not necessarily in order of importance seem to be : 1 . turn around at end of Green St . 2 . cars parking on Hanover along right side beyong the lights 3 . possible synchronized or delayed lights at High Rd/Hanover St . 4. Crosswalks on Hanover when road resurfaced High Rd. crosswalks to be referred to State for consideration or study 5 . striping Hanover especially intersection of Green/Hanover 6 . check with bus company to see if an alternate service can be provided for Mrs . Powers day care children 19 Selectmen' s Meeting (cont ' d) May 26 , 1998 A request from Boy Scout Troop #44 for permission to erect a small storage closet beside the stage area at Byfield Town Hall was given tenative approval subject to Chairman Machiros ' meeting with Dick Cunningham at the hall . A permit from Essex County Gas Co . to open and excavate Middle Rd. for a new gas main to the new dorms and a new gas service from the street to the dorms was approved. The warrant for a Special Town Meeting on June 23rd at 7 : 30 p .m. at the Newbury Town Hall to secure $1 . 8M in state funds for water to P. I . and the subsequent election on June 30th was approved and signed by the Selectmen and posted by Constable Dick Cunningham. Builiding Inspector Brownie Taylor returned to the meeting after reviewing the roofing bids . He recommended that the contract be awarded to the low bidder , Ayer Bros . at $14, 260. It was moved by Selectman Adams and seconded by Selectman Tevald to accept this recommendation . The meeting was adiourned at 9 : 45 p .m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING June 9 , 1998 Chairman Machiros opened the meeting at 7 : 40 p .m. Selectmen Joseph S . Tevald and Alan I . Adams were present . The warrant for a Special Town Meeting on June 23 , 1998 at 7pm at the Fire House was approved and signed by the Board and posted by Constable , Dick Cunningham. Chairman Machiros noted that there is considerable repair work to be done on the Byfield Town Hall and he , with the help of Dick Cunningham had drawn up a punch list . It was moved by Selectman Adams and seconded by Selectman Tevald to proceed with the repairs as monies become available . A letter .from the Byfield Fire Department announcing their plans to build a new fire station near the corner of Larkin Road on Central St . - to meet present and future needs was read. Also included was an offer to allow the Town first refusal on the old facility pending an appraisal . It was moved and seconded to pursue the - possibility of purchasing this property and to help Byfield Fire with any permits necessary to bring their plans to fruition. A request for use of the Byfield town Hall for an EMT training class on August 5th from 7-10 p .m. was approved for Byfield Fire Department . 21 Selectmen' s Meeting ,(Cont ' d) June 9 , 1998 On the recommendation of the Harbormaster the following appointments were approved as moved by Selectman Adams and seconded by Selectman Tevald: Harbormaster - Don Rowell Lt . Harbormaster - Russell Stiles Asst . Harbormaster - Glen Gavin, Bruce Poore , Andrew Avelis Jr . Harbormaster Helper - Charles Knight Reserves - David Thistlewood and Steven Chaisson Deputy Emeritus - Andrew Avelis Sr . A request for use of the Upper Green by the Community United Methodist Church for a softball game and cookout on June 28th from 4-7 p .m was approved. The FY99 contract for public health nursing services from Home Health Care of Gr . Newburyport was reviewed and signed as moved by Selectman Adams and seconded by Selectman Tevald. On the recommendation of the Tree Warden Ron Pearson the chipper bid was awarded to Morbark of New England @ $20,900 . A one-day special permit for the sale of alcoholic beverages for Ould Newbury Golf Club on June 13th from 7pm to 12 midnight was approved as moved by Selectmen Adams and seconded by Selectman Tevald. On the recommendation of Chief Merry, the following appointments for lifeguards for the 98 summer season were approved as moved by Selectman Adams and seconded by Selectman Tevald: Fulltime, - Sandra Sarney, Peter Saradjian, Margaret Leahy, Kelly Ward, Sean Farmer , Corey Bethune , Neal Ernstrom Parttime - Andrew Bernier , Darcie Britner and Erika McKenna A permit from Essex County Gas Co. to open and excavate Elm St . from $144 to #172 to install a new gas main and #144 to install a new gas service was approved pending review by Highway Superintendent Tim Leonard. �On the recommendation of Chief Merry the appointments of Thomas White as Police Sergeant and Kathy Dow as Fulltime Police Dispatcher were approved as moved by Selectman Adams and seconded by Selectman Tevald. It was moved and seconded to appoint Joseph Cutrone as Asst . Wiring Inspector. All other appointments will be carried over until reappointed or replaced. Chairman Machiros expressed his wish to pursue an opportunity with Mr . Blackwell and M/M William Flynn to bring a golf course to Newbury. An informational meeting with the neighbors and reports from Chief Merry Planning , Conservation, and Building departments woudl first be essential . It was moved and seconded by the Board to proceed to seek in it resolve and take any action necessary to achieve a conclusion of this matter. The first step would be to set up a meeting with the neighbors and them to decide which direction to take - public or private . Chairman Machiros noted that during his meeting with Mr . Flynn and Mr . Blackwell , Mr . Flynn emphasized that most courses he designs are primarily left in their natural state . Selctman Tevald corroborated that Mr . Flynn was known for being 23 Selectmen ' s Meeting (Cont ' d) June 9 , 1998 an environmentalist and carefull planned his courses around existing terrain. The following warrants were singed by the Selectmen: May 26 , 1998 W47 $157 , 630. 06 PW47 35 ,471 . 56 June 2 , 1998 W48 1 , 389 ,496 . 68 PW48 29 , 393 . 15 The meeting was adjourned at 8 : 20 p .m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING July 14, 1998 Chairman Machiros opened the meeting at 7 :40 p .m. Selectmen Joseph S. Tevald and Alan I . Adams were present . The following warrants were signed by the Selectmen: June 9 , 1998 W49 $ 116 , 156 . 54 PW49 30 , 176 . 68 June 16 , 1.998 W50 55 , 807 . 72 PW50 27 ,482 . 68 June 23 , 1'998 W51 49 ,047 . 39 PW51 29 , 621 . 59 June 30, 1998 W52 53 ,946 . 43 PW52 41 , 124 . 94 W53 37 , 561 . 80 W54 16 ,214. 63 PW54 1 , 185 . 10 July 7 , 1998 W1 32 ,276 . 30 PW1 30 , 589 . 76 Commendations were read and awarded to Lt . Gregg Frappier and Sgt . William Eiserman for exemplary performance of duty and service to the Town of Newbury. Appointments for FY99 were reviewed and approved by the Board as moved by Selectman Adams and seconded by Selectman Tevald. A one day special permit for the sale of alcoholic beverages for Ould Newbury Golf Club for Friday, 7/17 from 7pm to 12 midnight was approved. c A request for use of the Upper Green for a crafts fair sponsered by Viking Gradventure on Saturday 9/26 (raindate 9/27) was approved. Requests for use of the Byfield Town Hall and Byfield School by the Barn Tour Committee of -the Historical Society of Old Newbury for a supper and silent auction on Sunday 9/27 from 4-6 : 30 p .m. were approved. Licenses were granted to Sunee Goodman d/b/a Rosemary & Thyme to buy and sell old things and Barry Davis d/b/a B.D. Automotive for a general automotive business at 24 Midde -Rd. as moved by Seelctman Adams and seconded by Selectman Tevald. Chairman Machiros abstained from the vote . The license for Mr. Davis is subject to all restrictions and conditions 25 Selectmen' s Meeting (cont ' d) July 14, 1998 of the special permit issued on 2/26/86 and the variance issued on 11/17/94 by the ZBA for the property at 24 Middle Rd. Permits to open and excavate 152 & 172 Elm St . to install new gas services were granted subject to Tim Leonard' s approval . A permit for 78 Main St . for a new service was granted only with the stipulation that the roadway not be cut and any excavation be done in the shoulder or hogged under the road. Larry Davis of 99 Northern Blvd. was recognized by the Board. Mr . Davis questioned the veracity of Superintendent- Murphy and the legality of the vote on the Triton addition. His concern being that Salisbury voted on a different project than Newbury & Rowley. Chairman Machiros noted that the final cost figures are still under negotiation and Superintendent Murphy answers to the School Committee not the Town. Mr . Davis then suggested the Town get rid of Moderator Dick Joy. Mr . Davis didn' t feel Mr . Joy gave everyone a chance to speak at the last STM. He even hammered you down and called for the vote , he said. Chairman Machiros stated that he felt Dick does a fine job and if Mr .- Davis wished to depose him, he should run for that position. Mr . Davis ' s next concern was a run-down property at the corner of 36th and Northern Blvd. with an abandoned car in the driveway. Chairman Machiros noted the Town has a similar situation on P. I . Turnpike and would look into it immediately. The Board moved to condemn these buildings if deemed unsafe or a public health threat . There being no further old or new business the meeting was adjourned at 8 : 20 p .m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING July 28 , 1998 Chairman Machiros opened the meeting at 7 : 50 p .m. Selectmen Joseph S . Tevald and Alan I . Adams were present . On the recommendation of Chief Merry, John R. Luc.ey was appointed fulltime patrolman for three years . Officer Lucey is a twelve year veteran from Rowley and is Academy trained. The appointment was moved by Selectman Adams and seconded by Selectman Tevald. William King & Hayden Eaton were appointed to the Council on Aging Board as moved by Selectman Adams and seconded by Selectman Tevald. A request for use of the Upper Green as a 50 mile rest stop for the North Shore Cyclists Century Ride on August 29 & 30 was approved. A request for the release of the Town' s option to purchase property being removed from Chapter 61A restrictions was taken under advisement by Selectmen' s Meeting (cont ' d) July 28 , 1998 27 the Board. Property owned by Ruth & Paul Ryan at 137 High Road, Assessors Map R32-2 . The Board is reviewing all such properties for prospective ball fields . The following warrants were signed by the Selectmen: July 14, 1998 W2 $411 ,423 . 09 PW2 38 ,419 . 70 July 21 , 1998 W3 116 ,955 . 22 PW3 41 ,301 . 33 The meeting was adjourned at 8 : 00 p.m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN'S MEETING August 11, 1998 Clerk Joseph S. Tevald opened the meeting at 7:35 p.m. Selectman Adams was present. Two citations were presented by Senator Bruce Tarr to John R. Robertson III of Byfield to honor a distinguished academic career and notable profession as a nuclear engineer employed at Seabrook Station. The first citation was from the State Senate to commend Mr. Robertson as recipient of the Chancellor's Medal for Student Service at the Univ. of Mass. The second citation was Governor Cellucci to honor Mr. Robertson as recipient of U-Mass College of Engineering Medal Award. Senator Tarr commended Mr. Robertson as an outstanding young leader in his field. Congratulations were extended From Senator Tarr and Selectmen Tevald and Adams. Mr. Robertson graciously accepted the citations and commented, "I'm proud to be a Byfielder". At 7:45 p.m. the legal notice for pole hearing, petition $654 dated 6/3/98 was read by Selectman Tevald. There being no one present for or opposed to the petition due to the untimely death of Jack Moynihan, representative of Mass Electric, the hearing was closed and the matter taken under advisement. The hearing was reopened and the petition was granted subject to there being no opposition as moved by Selectman Adams and seconded by Selectman Tevald. A new general business license was reviewed for Jerry Mullins d/b/a J. Mullins & assoc. at 100 Newburyport Turnpike. Mr. Mullins submitted a summary of his business and description of products and services to the Board. After a brief discussion the license was granted. Mr. Mullins was asked to maintain the building and grounds and no outside storage will be alowed. ' Under Chapter 61A,the Board agreed to release an option to purchase property(2.3 acres) from lot R18-1 (Assessors Map) at 176 Elm St., owner of record Gail Kochakian. Moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance showed interest in the purchase of this property on behalf of the Town. The following warrants were signed by the Selectmen- a9 July 28, 1998 W4 $207,100.70 PW4 34,581.68 August 4, 1998 W5 87,248.65 PW5 35,536.71 The meeting was adjourned at 7:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING August 25, 1998 Chairman Machiros opened the meeting at 7:40 p.m. Selectman Alan I. Adams was present. The following warrants were signed by the Selectmen- August 11, 1998 W6 $199,820.80 PW6 39,179.52 August 18, 1998 W7 418,437.02 PW7 35,584.32 Chairman Machiros noted that Monday evening's informational meeting at tl)p Fire Station was well received and it was a pleasure to see both departments (Byfigld and Newbury)working together. Selectman Adams directed Chairman Machiros�o work with Fire Co. #2 and take whatever action is necessary to bring the Fire Co.'s plans to provide emergency ambulance service to Old Town and Plum Island to completion. Mike Strout representing Fire Co. #2 suggested Chairman Machiros meet next week with Chief Leonard to iron out details. The minutes of the 8/11 meeting were held for the next meeting due to:Selectman Tevald's absence. The warrant for the State Primary Election on September 15a'was reviewed and signed by the Selectmen and will be posted by the Constable. On the recommendation of the Historical Commission, Margaret Stokes was qp.pointed to fill Paula Newton's term until 1999. Ms. Stokes was an Associate member of,tf, e Commission. A request from SPNEA to hang a banner on the Upper Green from 9/12 thru 9/�6 to advertise their Family Harvest Festival was apprpveo, News reporter Sean McNamara was wished God speed and good luck with the continuation of his education. He will be returning to school next week. Chairman Machiros stated, "it has been a pleasure worY449 Wj,�,h Y9W- The meeting was adjourned at 7:50 p.m. Respectfully submitted, Kathleen Sirois, Secretary 3� SELECTMEN'S MEETING September 8, 1998 Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The minutes of the 8/11 & 8/25 meetings were read and accepted. Selectman Tevald reiterated his support for Protection Fire Co. 92's proposal to provide emergency ambulance service to Old Town and Plum Island and made unanimour the vote to take any action necessary to bring this plan to completion. Chairman Machiros thanked the men and women of the fire,Police and Harbormaster's departments called upon to work with traffic control due to a craft fair at the P.I. airport grounds over the weekend. He apologized for any inconvenience to citizens and noted that he had ordered a fire apparatus and ambulance stationed on the grounds in case of an emergency. Richard Passeri and Thomas Galligan were appointed to the Library Building Committee and Kevin Blanchette to the Finance Committee(Associate member) as moved by Selectman Adams and seconded by Selectman Tevald. A one day special permit for the sale of alcoholic beverages by Ould Newbury Golf Club on Saturday 9/12 from 6 p.m. to 12 midnight was approved as moved by Selectman Adams and seconded by Selectman Tevald. A request from Cub Scout Pack#44 for use of the Upper Green on Saturday, 10/24 for a fund raising carnival was approved as moved by Selectman Adams and seconded by Selectman Tevald. The Chapter 61A release for property located at 137 High Road was continued under. advisement. A request from a home schooling group for use of the Byfield School two days a week was taken under advisement until more information is obtained. As a result of complaints made at the July le meeting, investigation was made and procedures started to have an abandoned vehicle removed from property at 105 Northern Blvd. It was voted by the Board to take action as said vehicle constituted a public nuisance and could be injurious to public health and safety. A notice & Order will be posted at this property by Constable Dick Cunningham. A public hearing was set for October 13 at 7:30 p.m. for Protection Fire Co. #1's application for a special permit to erect a new fire station on Central Street in a residential/agricultural zone. Chairman Machiros order"do not feed the ducks"signs to be posted around the pond on the Green to discourage the wild ducks. The following warrants were signed by the Selectmen- August 25, 1998 W8 $226,200.76 PW8 36,491.59 September 1, 1998 W9 75,934.78 PW9 40,679.52 The meeting was adjourned at 8:05 p.m. Respectfully submitted, Kathleen Sirois, Secretary 33 SELECTMEN'S MEETING September 22, 1998 Chairman Machiros opened the meeting at 7:30 p.m. Selectman Alan I. Adams was present. Lynn Ricketts of the Northeast Regional Tobacco Education Collaborative gave a brief summary of the august compliance check on retail sales of cigarettes to minors. Newbury scored an 88%with only one violation. Ms. Ricketts stated NRTEC is working with the proprietor of this one business to educate their clerks and hopefully Newbury will be at 100% during the next compliance check. J. Michael Ward,Principal of Triton, Vice Principal Reilly and several members of the Triton Student Council were present to submit to the Board information on a proposal for a"no smoking policy"for Triton students on school property and the possible designation of the Principal and Vice Principals as special BOH agents to enforce the regulation and issue citations and levy fines. Mr. Ward explained that this policy will be presented to the School Committee who will in turn ask the BOH to establish a"no smoking regulation"and a fine for each violation. The Board noted they would look favorably on such a request and thanked the students, Mr. Ward and Mr. Reilly for bringing this information before then. October 24 h was proclaimed "United Nations Day"as moved by Selectman Adams and seconded by Chairman Machiros. A thank you note from the North Shore Cyclists for use of the Green for their century ride was read and accepted with appreciation. One day special permits for the sale of alcoholic beverages were issued to Protection Fire Co. #2 for October 3 from 1-6 p.m. and October 16 from 7-12 midnight(the fee was waived) and to Ould Newbury Golf Club for September 26 from 1 p.m. to 12 midnight and September 29 from 12 noon to 5 p.m. Use of the Byfield School building by a home schooling group on Fridays from 12 to 6 p.m. was denied until such time as a definitive decision on the future of the building is made by the Planning Board and necessary repairs are made to the building. A request from the Newbury/Rowley Lions Club for use of the Upper Green for a craft fair on Saturday October 10(raindate October 12)and a"road block" fundraiser at the intersection ofRte. IA/Hanover/Rolfe's Lane were approved as moved by Selectman Adams and seconded by Chairman Machiros. A dog hearing was set for October 27 at 7:45 p.m. on the appeal of a restraint order issued 8/20/98 to Mr. &Mrs. Kurt Reise of 88 Main St., Byfield. Selectman Adams endorsed the Harbormaster's new 99 regulations raising the permit and ramp fees to $30. This is only the second increase in ten year, he stated. It was moved by Selectman Adams and seconded by Chairman Machiros to approve the new fees for the 99 season. The following warrants were signed by the Selectmen- September 8, 1998 W10 $234,320.68 PW10 32,646.53 September 15, 1998 W11 415,638.69 PW 11 42,3 51.13 The meeting was adjourned at 8:05 p.m. Respectfully submitted Kathleen Sirois, Secretary SELECTMEN'S MEETING October 13, 1998 At 7:40 p.m. a Public Hearing was held on the application of Protection Fire Co. #1 for a "special permit"to erect a new fire station at 40-44 Central St. in a residential/agricultural zone. The legal notice was read by Chairman Machiros. Questions from the public were fielded by Lt.Tim Haynes of Protection Fire Co. #1. When all concerns were heard the hearing was closed and the matter taken under advisement. The hearing was reopened and Selectman Adams moved to grant the special permit as presented, seconded by Selectman Tevald and voted unanimously by Chairman Machiros. The hearing was closed at 8 p.m. and a five minute recess was called. A 8:05 p.m. Chairman Machiros opened the Selectmen's Meeting. Selectmen Joseph S. Tevald and Alan I. Adams were present. Bids for leachate collection at the landfill were read by Chairman Machiros and the bid was awarded to the low bidder, Suburban Wastewater Services Inc. of Braintree at .081 cents per gallon. A request for use of the Bvfeld Town Hall by the Great Meadow Farm Committee for a meeting on November 16 at 7:30 p.m. was approved. A request for use of the Byfield Town Hall by Newbury Girl Scout Troop#726 on Thursdays from 3:15 to 5 p.m. was approved. A request from the Newburyport home schooling group for use of the Byfield Town Hall on Fridays from 12-5 p.m. was taken under advisement. A one day special permit for the sale of alcoholic beverages by Protection Fire Co. #2 for Saturday, October 17a'from 7 p.m. to 12 midnight was approved and the fee was waived. The following warrants were signed by the Selectmen- September 22, 1998 W12 $63,$27.52 PW12 34,547.94 September 29, 1998 W13 46,539,19 PW13 29,518.10 October 6, 1998 W 14 108,996.34 PW14 28,317.47 The meeting was adjourned at 8:25 p.m. Respectfully submitted Kathleen,Sirois, Secretary SELECTMEN'S MEETING October 27, 1998 Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and Alan 1. Adams were present. The legal notice for a tax classification hearing for FY99 was read by Chairman Machiros. Worthen Taylor, Chairman of the Board of Assessors,recommended that the town stay with a single rate as the percentage of industrial and commercial property is so small. The proposed rate for FY99 will be $14, up approximately 75 cents from FY98 pending DOR approval, stated, Chairman Taylor. This increase is attributed to the 37 Selectmen's Meeting (cont'd) October 27, 1998 Elementary school expansion and over runs, the landfill bonds, and Triton's $30M expansion. There being no questions or comments, Selectman Adams moved that the hearing be closed. The hearing was reopened and Selectman Adams moved that the recommendation of the Board of Assessors for a single rate be approved, seconded by Selectman Tevald. Chairman Machiros recognized Roger Thurlow of 87 Hanover St.,who raised a long standing complaint against McDonald's Trucking at 90 Hanover St.,which is directly across the road from the Thurlow house. He stated that in 1975 the operating hours of this business were restricted to 6 a.m. to 8 p.m. Mr. McDonald disregards this schedule and runs his trucks and heavy equipment all hours of the day and night. Mr. Thurlow stated his family is unable to get a night's sleep. He also cited dust, dirt, pollution problems and depreciation of the value of his property. Mr. Thurlow said he wanted to work with the Town to resolve this problem but he and his neighbors have reached a point of being very angry with this continuing situation. Mrs. Caroline Thurlow and Mr. Gene Palumbo also expressed their anger with the situation. Chairman Machiros advised that Counsel was working on litigation against McDonald. Unfortunately a recent hearing had been postponed by the judge but the suit was ongoing. Mr. Palumbo was asked to stop harassing the police with his constant calls because most of the complaints are not enforceable offenses. We can't afford to make any mistakes that will jeopardize our court case. Chairman Machiros asked Mr. Thurlow if he would be willing to sit with Counsel and be the spokesperson for the group. Mr. Thurlow agreed and a meeting will be set up within the next few days. Chairman Machiros stated while the Town has Always tried to be business friendly,Mr. McDonald has been uncooperative. We must, however, listen to Counsel so as not to waste the taxpayers' money in frivolous suit. A one day special permit for the sale of alcoholic beverages was approved for Gregg Pugh of O'Connors Ct. for an American Cancer Society benefit at PITA hall on October 31" from 7:30 p.m. to 12:45 a.m. pending receipt of a liability policy covering the event. At 8:15 p.m. Chairman Machiros read a complaint for a dog hearing. Those wishing to testify were sworn to tell the truth. ACO Carol Larocque reported on the incidents that lead to a restraint order being placed on Blitz, a dog owned by Mr. &Mrs. Carl Reise of 88 Main St.,Byfield. She also introduced a letter from Albert Creighton who was bitten by Blitz. Mr. Creighton was unable to attend the hearing as he was out of state on business. Jarrett Dodge, age 13 of 20 Main St. testified to the events leading to his being bitten by Blitz. The ACO stated that the owner,Mr. Reise has always been very cooperative but from a public safety standpoint she felt strongly that Blitz should not be loose. Mr. Reise testified he was not really a big dog person but had tried to do what was best for his family's two dogs. He stated he did try to keep Blitz restrained but on occasion he would get loose. He is only two years old and still acts like a puppy. I live in"dog town"he stated and I know my responsibilities. I just don't want to be mandated. The Board asked the ACO how she wished to proceed. She stated she felt strongly that the restraint order should stand for the safety of the public but would go along with the Board's recommendation. Selectman Adams moved to close the hearing and take the matter under advisement. The hearing was reopened. Chairman Machiros stated that town policy has always been to restrain or order disposed any dog who bites and I do not feel this dog should be loose. Blitz was ordered permanently retrained as moved by Selectman Adams and seconded by Selectman Tevald. Chairman Machiros stated we can review this situation in a year's time to see if any changes are warranted. The ACO was asked to take Mr. Reise into the Selectmen's office to explain the order and to answer any questions. The hearing was closed at 8:30 p.m. It was moved and seconded to appoint the following persons to a Harbor School Neighborhood Committee: Todd Gustafson, Richard Capolupo, Peter Winslow, Sgt.Wm. Eiserman and Chief Roger Merry; alternates are Olivia Winslow and Deputy Chief Andrew Avelis Jr. Selectmen's Meeting(cont'd) October 27, 1998 3� The warrant for the State Election on November 3, 1998 was signed by the Selectmen and will be posted at the close of the meeting. A hearing date of November 100'was set for Ould Newbury Golf Club on their application to change the classification of their liquor license from Club Wine&Malt to Club All Alcohol. A request from the Newbury Library to close off Lunt St. on October 2e at 4 p.m. for approximately 15 minutes for a"horribles parade"from the Byfield School t the Library was approved. The following warrants were signed by the Selectmen:- October 13, 1998 W15 $ 31,067.17 PW15 61,867.92 October 20, 1998 W16 32,540.68 PW16 415,867.50 The meeting was adjourned at 8:40 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING November 10, 1998 Clerk, Joseph Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was present. At 7:45 p.m. the legal notice for a public hearing on the application of Ould Newbury golf Club to change the classification of their liquor license from"club wine& malt"to club all alcohol"was read by Selectman Tevald. Appearing in favor: Richard Varney, President of ONGC and Stanley Baker, Vice President. Mr. Baker noted that the club has been in existence approx. 36 years and over the years there has been no problems with their license. However, each season for their functions they request one-day special permits for the sale of alcoholic beverages 15 or 16 times. For the convenience of the club and their members they would like the ability to offer a cocktail, especially at functions. Selectman Adams asked if the club normally closed for the winter. Mr. Baker stated the normal season for the club was the 1'`week of April thru mid November, weather permitting . Selectman Adams questioned the hours of bar service. Mr. Baker stated functions usually end at midnight, 1 a.m. would be the latest. Selectman Tevald asked if the granting of this license would cause any physical changes in the plant. No changes would be required. Selectman Tevald asked where liquor is served. Mr. Baker stated beer and wine is currently served at a concession stand in the clubhouse and it would remain the same—no changes anticipated. Selectman Tevald noted the club was also asking for a change of managers. Mr. Baker submitted a completed Form A asking that John Reilly replace Ralph Johnson who is getting on in years. Mr. Reilly has been running the concession stand for several years stated Mr. Baker. Selectman Tevald advised that the town will need a copy of the club's liability insurance showing increased coverage for an all alcohol license. Selectman Adams asked about the seating capacity of the club for functions. Mr. Baker stated approx. 80 persons. A tournament usually has 64-68 participants. Selectman Adams asked about the normal closing time if there is no function. Mr. Baker said the club would be open til dark approx. 9 p.m. Selectman Tevald asked if a limit on the hours of service on the license would be a problem. Mr. Baker replied, no, would the Board consider 10 p.m. reasonable and 1 a.m. for functions. Selectman Adams stated the Club's track record has been good over the years. I move to close the hearing and take the matter under advisement; seconded.by Selectman Tevald. The hearing was reopened and Selectman Tevald moved that the classification and manager change remain under advisement until the next meeting so that the full board can vote. At that time if the club had their liability insurance policy in place it would be helpful. The hearing was closed at 8 p.m.as moved and seconded. Selectman Tevald read the legal notice for bids on a computer network system for Town Hall. Two bids were received and opened: Retrofit @$32,366.36 and JMK Systems Solutions Inc.@$32,332.50. Selectman Adams moved to take the bids under advisement for review by the town accountant,seconded by Selectman Tevald. A general business license for E.J.Ouelette of 4 Silvermine Road was denied for clarification as moved by Selectman Adams and seconded by Selectman Tevald A request from Cub Scout Pack#44 for use of the cement pact adjacent to the Green for their annual bottle drive on November 14'h from.Sam to 12 noon was approved Under Chapter 61A,the Board agreed to release an option to purchase property at 137 High Road,owner of record Ruth D.and Paul S.Ryan(Assessors Map R32-2)as moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance showed interest in the purchase of this property on behalf of the Town. On the recommendation of the Town Clerk the Board moved to take any action necessary to put into effect the purchase of an Accu-Vote Optical Scan Tabulating System in time for the 99 town election. On the recommendation of the Town Clerk,the Board moved to review the fee schedule for permits and licenses for 1999. Schedules submitted by the Clerk will be taken under advisement for review until the next meeting. A request for use of the Woodbridge School as a collection and distribution center by Martha Arias for the collection of food,clothes and toys on December 4 h and the distribution on December 7-12 was approved, as moved by Selectman Adams and seconded by Selectman Tevald. The following warrants were signed by the Selectmen: October 27, 1998 W 17 $356,537.14 PW17 32,408.32 November 3, 1998 W18 38,071.87 PW 18 29,049.74 The meeting was adjourned at 8:10 p.m Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING NOVEMBER 24, 1998 Chairman Machiros opened the meeting at 7:40 p.m..Selectmen Joseph S. Tevald and Alan I.Adams were present. The Board briefly discussed a recommendation from the Planning Board for future use of the Byfield School as a"arts center". Chairman Machiros noted that an estimated$500,000 would be needed for repairs and renovations. It was moved and seconded to request the Planning Board,in conjunction with the Byfield Village Association develop an RI+P for the Byfield School. The Woodbridge School will be kept for Town use,Chairman Machiros stated It was voted unanimously to recommend the reclassification of the Ould Newbury Golf Club liquor license from"club wine and malt"to"club all alcohol". It was stipulated that the standard closing time would be 9 p.m. and upon notification of a special function,the closing time would be extended to 12 midnight. It was also stipulated that alcoholic beverages would be sold and served only in the clubhouse and would not e allowed on the golf course. Also approved was a"change of manager"for the club. John Reilly will replace Ralph Johnson. These recommendations will be forwarded to the ABCC for final approval. Christmas on the Green will be celebrated Sunday,December a at 3:30 p.m the NES band and choir will perform,Santa will visit and refreshments will be served- Town offices will be closed on Friday,November 27". On the recommendation of the Town Accountant,the bid for,a computer network system and software for Town Hall was awarded to JMK Systems Solutions Inc.of Ipswich as moved by Selectman Adams and seconded by Selectman Tevald On the recommendation of custodian Ed Carpenter,a new bathroom and sink will be installed at Byfield Town HAIL YJ The following warrants were signed by the Selectmen: November 10, 1998 W19 $52,336.53 PW 19 44,094.21 November 17, 1998 W20 394,074.89 PW20 38,229.85 The meeting was adjourned at 7:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 8, 1998 Chairman Machiros opened the meeting at 7:40 p.m Selectmen Joseph S.Tevald and Alan I.Adams were present. The following warrants were signed by the Selectmen: November 24, 1998 W21 $.51,278.66 PW21 33,926.95 December 1, 1998 W22 538,321.11 PW22 45,390.25 Liquor license applications for 1999 were reviewed and signed by the Selectmen for the following establishments,- Buddy's Restaurant,Old Town Country Club Inc.,Ould Newbury Golf Club,Corner Cupboard, D&J Liquors,PJ's,Dick's Variety,Mr.Moe's;Byfield General Store,Atty.May's Beachcomber,Newbury Convenience,and Island Steamers Inc. The Board reaffirmed their commitment to the purchase of voting machines for the Town. Chairman Machiros stated;we would like to have these machines on line for the May election. A letter of thanks from Troop#44 was read and it was noted that their offer of help with Town projects would certainly be accepted when needed. There will be no meeting on December 22°d. The meeting was rescheduled for December 294`. The Board wished all a"VERY MERRY CHRISTMAS". The meeting was adjourned at 7:50 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 29, 1998 Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S.Tevald and Alan 1.Adams were present. The following warrants were signed by the Selectmen: December 8, 1998 W23 $188,990.40 PW23 42,091.24 December 15, 1998 W24 469,119.11 PW24 33,301.30 December 22, 1998 W25 55,331.32 PW25 36,818.37 Chairman Machiros recognized Mr.Ross and Mr.Loring from Hay Street who spoke on behalf of their neighbors regarding the train whistles. Chairman Machiros noted that there were two methods for requesting whistle ban for the town 1. 'request a hearing with the MBTA here in Newbury if possible 2. referendum vote at an Annual Town Meeting Mr.Ross stated they would work on a petition by the next meeting. The Board moved and seconded to proceed with a request for a hearing upon receipt of this petition. Licenses were reviewed and renewed for the following: Federal Auto Repair,US#1 Auto Marine,Special Interest Autos,R.J.Kelly Olde Byfield Management 7 Supply,Highline Auto,Linda's Home Salon,Deb's Place,Karen's Dog Grooming, Colonial Coiffures,Longfellow Hill Beauty Shop,Cheryl's Island Clip,Newbury Hair Design,A Newbury Setting,Ginny Moore's Parking Lot,Williamson Parking Lot,P.I.Enterprises,Viliane Parking Lot,Mr. Moe's, B.D. Automotive,Fernald's Marine,Olde Newbury Boat Co.,Tolman Automotive,Noyes Citgo, A.L.Prime Energy,Riverfront Marine Sports,Volpone Towing,Checkoway Oil Co.,Wilco Marine Restorations,Diamond Marine,Pearson Hardware,Henry C.Becker,Newbury Gallery,Bird's Nest,R.J. Kelly Int'1 Antique Mart,Poor Richard's Bam,Apple Cider Press&Prints,Milestone 35, High Tail Acres, The Heart of Byfield,Peter Story,Josett's Adz&Loom,Byfield Flower Shoppe,Ould Newbury Golf Club,Byfield General Store,PITA Hail,Main St.Mini Mart,D&J Liquors,Oulde Byfield Export Tea Room,Atty.May's,Atty.May's Beachcomber,Haven JI,Wheelhouse Parking,Newbury Butchery,The Plum Inc.,Island Steamers Inc.,Parker River Trading Post, Steve's Service,Corner Cupboard,PJ's. A request from Essex County Gas Co.to open and excavate I I I Main Street for a new gas service was approved subject to Tim Leonard's supervision of the work. A hearing date of January 26, 1999 at 7:45 p.m was set for a liquor license transfer from Scott Dehetre d/b/a Buddy's Restaurant to LDJ Restaurant d/b/a/Buddy's Restaurant. A moment of silence was requested as a tribute to Sally Bardsley,second grade teacher at the Newbury Elementary School who passed away on Christmas Eve. Mrs.Bardsley will be long remembered for her service to the children she taught and will be sorely missed. The meeting was adjourned at 7:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JANUARY 12, 1999 Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S.Tevald and Alan I.Adams were present. The following warrants were signed by the Selectmen: December 29, 1998 W26 $43,300.83 PW26 29,278.51 January 6, 1999 W27 91,509.88 PW27 29,361.30 Brendan O'Reagan,Superintendent of-the Newburyport Sewer Department spoke briefly to the Board and residents of South Pond Street regarding the potential costs of conversion from septic to sewer as private citizens vs.municipal costs. He also stated that the project could take two to three years to complete. Chairman Machiros asked for input from the residents. Josie Pothier, 17 S.Pond,stated she would like to Town to develop a sewer system like Salisbbury. Don Batchelder, 15 S.Pond noted his small lot would probably not sustain an upgraded septic system. He would be interested in hooking into Newburyport if Newbury offers no alternatives. Ray Merrick, 12 S.pond raised the question of where existing systems may be leaching and if the adjacent pond is being polluted. Wm. Ackley offered an easement thru his property along the rear of the neighborhood if it ouwld make tie-ins easier. A lift station would also have to be located somewhere in the neighborhood. Jim Geanoulis, 13 S.Pond questioned the availability of State or Federal funds to help offset the costs to the residents. Chairman Machiros stated he didn't know of any grants at this time but would certainly look into it. There may be funding or new alternative systems that are cost effective that come available in the proposed 2-3 year waiting period. Ultimately,.each household is responsible for their own septic system. If the residents are able to connect to the Newburyport system,Newbury will incur the costs of breaking up the newly repaired road and in the meantime the pond will be checked for possible pollution. Although this sewer project may be several years away,the town will make every effort to assist by investigating options. Selectman Tevald noted that property values usually increase with a tie in to t sewer system. Any new septic systems installed at this time would probably be state of the art due to the topography of the area,,he said Chairman Machiros thanked the residents for their input. A petition akking for a train whistle ban was accepted from Misters Ross,Loring,Kress and Fecteau. The Board will forward this to the MBTA thru Counsel asking for a hearing to be held in Newbury. Failing this,the noise pollution concern can be presented as an article at town meeting. The following licenses were reviewed and renewed: Class IT-Byfield Auto,Route#1 Auto Center,John Tiernan Hanover Place,Angie's Service Station;Class III-Newbury Auto Sales;General Licenses-Angie's Service Station,Flukes&Finds,Buddy's Books,Newbury CorrVetuence,Store,Noyes Enterprise,AGJ Woodcrafting&Woodworking,JLM Design,Dick's Variety,Macl%itlla'S,F:Thurlow Brown Books, Norbeck Sterling,Mae Atkinson Antiques,Walton's Auto Lab, Surfland Bait&Tackle,Rainbow Carpet Cleaning,. Chairman Machiros abstained from the vote on Angie's Service Station&AGJ Woodcrafting. A new license for Mobile Storage Group, Inc. d/b/a A.E.L. Trailer Sales was approved with a request for a 20-25 foot setback from the road and some improvements to the front of the property by planting trees or bushes. A moment of silence was held for Larry Gravelle who passed away on January 6t1'. Chairman Machiros states, "Larry was very dedicated to the community and will be greatly missed". The meeting was adjourned at 8:30 p.m. Respectfully submitted, Kathleen Sjrois, Secretary SELECTMEN'S MEETING JANUARY 26, 1999 Chairman Machiros opened the meeting at 7:30 p.m. Selectman Joseph S. Tevald was present. The following warrants were signed by the Selectmen- January 12, 1999 W28 $65,848.14 PW28 38,574.27 January 19, 1999 W29 487,825.02 PW29 41,611.08 Charlie Eicher, Project Coordinator for Essex County Sportsmen's Assoc., announced the receipt of a grant from the Commonwealth of Mass Riverways Program for work on the Larkin Road Fishway thru DMF in conjunction with their"Fishway Stewardship Program". Mr. Eicher also introduced two boy scouts,Eddie Cave and Brandon Ivone, from Troop 15 who were in attendance to observe the meeting for credit towards a merit badge. At 7:35 p.m. the legal notice was read for a liquor license transfer from Scott Dehetre d/b/a Buddy's Restaurant to LDJ Restaurant d/b/a Buddy's Restaurant. Appearing in .opposition-no one. Appearing in favor-Diane&James O'Neil and Scott Dehetre. After a brief discussion, it was moved and seconded to approve the transfer with the following restrictions: 1. Liquor to be served only with food 2. Operating hours to be 8a.m. to 1lp.m. Hours to be reviewed in 90 days for possible la.m. closing. A request for use of the Upper Green ball field Monday and Wednesday evenings april thru August by Mr. Moe's was approved. A request for use of the Upper Green ball field Tuesday and Thursday evenings April thru August buy Old Newbury Clammers was approved. The 1999 Clam Regulations were reviewed and accepted as moved by Chairman Machiros and seconded by Selectman Tevald. A request from the Library for use of Byfield Town Hall on Wednesday,February I& for a puppet show was approved. A one-day special permit for the sale of alcoholic beverages for Protection Fire Co. #2 on Saturday, February a from 4p.m. to Ia.m. was approved. The fee was waived. Under Ch. 6 1 A the Board agreed to release their option to purchase two lots on Elm Street, Assessors Map R22-11 (owner of record David S. Caldwell Corp.) as moved by Selectman Tevald and seconded by Chairman Machiros. No one in attendance showed interest in the purchase of these properties on behalf of the Town. T Edward J. Ouelette of 4 Silvermine Road withdrew his application for a general business license. He stated, however, he does operate a home occupation, music lessons and recording studio, employing two persons part time. He was advised that all lessons must be inside-no outside noise and he should check with the Zoning Enforcement Officer for rules and regulations governing a home occupation. Larry Davis noted that the house at 105 Northern Boulevard looks better. The old car has been removed and an`unsafe building"notice has been posted. He again questioned the vote on Triton's proposed addition. He was advised that this information would have to come from the School Committee. On the recommendation of the Board of Assessors,Frank(Bud)Kelly of School Street was appointed to the Board to complete Larry Gravelle's term as moved by Chairman Mahciros and seconded by Selectman Tevald, subject to Selectman Adam's approval. Mr. Kelly will run for the elected position in May. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING FEBRUARY 9, 1999 Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were signed by the Selectmen- January 26, 1999 W30 $62,315.77 PW30 33,717.00 February 2, 1999 W31 45,603.70 PW31 29,148.82 A one-day special permit for the sale of alcoholic beverages was approved for Protection Fire Co. #1 for their annual Firemen's Ball at Governor Dummer Academy on Saturday, March 13, 1999 from 6p.m. to 12 midnight. The fee was waived. A one-day special'permit for the.sale of alcoholic beverages was approved for Anna Jaques Hospital Aid Association for Great Chefs Night at Governor Dummer Academy on Friday,March 26, 1999 from 6 p.m. to 12 midnight. General business licenses were reviewed an renewed for the following: Ice Cream Cove, Pheasant Meadow Farm,and Byfield Trading Co. On the recommendation of Chief Merry,two dispatcher/matrons were appointed—Peggy Olsen of Rowley and Dawn Gettman of Newburyport. A letter to the Secretary of DTE requesting a hearing on the sounding of the train whistle at Newbury crossings was signed by the Selectmen and will be forwarded along with the $100 filing fee. The meeting was adjourned at 7:45 p.m. Respectfully submitted, Kathleen Sirois, Secretary 5 SELECTMEN'S MEETING FEBRUARY 23, 1999 Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were signed by the Selectmen- February 9, 1999 W32 $ 87,646.03 PW32 35,776.01 February 16, 1999 W33 768,514.85 PW33 29,482.32 The legal notice for RFP's for the reuse of the Yellow School in Byfield was read by Chairman Machiros. One RFP was submitted from the Byfield Village Association. It was turned over to Betty Bear Collins of the Planning Board for their review and subsequent recommendation. March was proclaimed American Red Cross month in the Town of Newbury by the Board and a signed proclamation will be forwarded to the local Red Cross Chapter in Newburyport. It was moved by Selectman Adams and seconded by Selectman Tevald to nominate Carol Larocque as Inspector of Animals for the period March 1999 to March 2000. This nomination will be sent to the Bureau of Animal Health for approval of the appointment. A check in the amount of$500 was accepted with thanks from the Society of the Companions of the Holy Cross whose summer home is Adelynrood on Elm Street in Byfield. This donation will be placed in a fund for future use by the Town. A request for permission to close Lunt Street for the day between the Yellow School and the Methodist Church for the Byfield Day celebration on June 191'was passed on the Chief Merry for his determination. The Board offered to supply jiffy johns for this celebration. Mr. Mark Friery, new owner of Island Steamers on Plum Island submitted an application for a beer& wine license for the restaurant. A hearing date of March 91' was set. At 7:50 p.m the legal notice for bids on"optical scan voting equipment"for the Clerk's Office for elections was read by Chairman Machiros. One bid was submitted from LHS Associates of Methuen,MA. It was moved by Selectman Adams, seconded by Selectman Tevald and voted unanimously to accept this bid of$12,500 for the purchase of two machines as per specifications. A request for use of the Byfield Town Hall by the Newbury Library on Tuesday, March 9�h at 3 p.m. for a Mother Goose Program for the younger children was approved. Nancy Kilty of Annapolis Way raised the issue of dogs running unattended on Plum Island. Chairman Machiros stated the Town has tried time and again to institute a leash law but it has historically been denied. ACO Carol Larocque was requested to firm up some loop holes in the current regulations to see if better control can be maintained over dogs at large. These changes will be presented at Town Meeting in April. The meeting was adjourned at 8:20 p.m. Respectfully submitted, Kathleen Sirois, Secretary 1 SELECTMEN'S MEETING MARCH 9, 1999 Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The legal notice was read by Chairman Machiros for a public hearing on an application for a"wine& malt" license for the Plum Island Grille formerly Island Steamers at 2 plum Island Boulevard. Appearing in opposition—no one. Mark Friery, new owner, advised that upon application to the Secretary of State to register the Corporation name (Tsunami Corp.)it was found to already be taken. Therefore,the corporation name will be Plum Island Grille Inc. d/b/a Plum Island Grille. Chairman Machiros noted that the ABCC may look upon this as a discrepancy in the legal notice but the Town will hold the hearing and submit the determination to ABCC for the restaurant located at 2 Plum Island Blvd. Hours requested to be the same as for the previous establishment. Deck to be permanently closed in with one entrance only thru the restaurant. There will be no entrance directly to the deck from the parking lot. Selectman Tevald stated this would accomplish two things—no one leaves with liquor and no one hands liquor out to the parking lot. Chairman Machiros suggested Mr. Friery speak with the neighbors to advise them of his plans. Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was reopened and Selectman Adams moved to grant the license as presented, seconded by Selectman Tevald and voted unanimously. Chairman Machiros advised that the hours may possibly be adjusted in the future if the performance is good. At 7:45 p.m. the legal notice was read by Chairman Machiros for a public hearing on the upgrade of a liquor license for Ould Newbury Golf Club. This hearing was a technicality to satisfy the requirement of ABCC that abutters be notified. No one was in attendance wither for or against the license. Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was reopened and Selectman Adams moved to support the Board's decision of November 10, 1998 approving the upgrade from Club wine& malt to Club all alcohol, seconded by _ Selectman Tevald and voted unanimously. A one-day special permit for the sale of alcoholic beverages for Governor Dummer Academy for a reunion on Saturday, June 2"d from 12 noon to 12 midnight was approved. On the recommendation of the Harbormaster,Michael Burke was appointed as a Harbormaster Helper for a six month probationary term. Thomas M. Foley was appointed as an Assistant Plumbing and Gas Inspector as moved by Selectman Adams and seconded by Selectman Tevald. It was moved by Selectman Adams and seconded by Selectman Tevald to pursue the proposed water line and/or water/sewer line to Plum Island in conjunction with the City of Newburyport and to authorize Chairman Machiros to take any and all actions necessary to bring the project to fruition. The following warrants were signed by the Selectmen- February 23, 1999 W34 $120,512.10 PW34 34,372.16 March 2,1999 W35 105,030.47 PW35 31,350.39 The meeting was adjourned at 7:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MARCH 23, 1999 Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. A request by Newbury Cub Scout Pack 44 for use of the Handtub Lane concrete pad for a bottle drive on April I& from 8 a.m. to 12 noon was approved. A new license for an antique salvage business at 151 Main St. for John Isgur d/b a Nor'east Architectural Salvage was approved after Mr. Isgur met with the Building Inspector to discuss regulations governing a home occupation. Hours of operation will be weekends from 10 a.m. to 5 p.m. Selectman Adams moved and Selectman Tevald seconded the motion to continue with negotiations for land for a centrally located ball field and to prepare an article for the Town meeting warrant. The Board accepted a check in the amount of$1,119.50 from.Media One which represents their 1998 franchise fee to the Town. Planning Board member Betty Bear Collins advised the Board of the Planning Board's recommended acceptance of the proposal from the Byfield Village Assoc. for reuse of the Byfield School bulding. Many details still need to be worked out she stated,but the Association seems confident they can make it work. Chairman Machiros directed the Planning Board to continue to work out the details and draw up a lease with the aid of Counsel and he advised that funding must be in place prior to the onset of any work on the building. The following warrants were signed by the Selectmen- March 9, 1999 W36 $46,995.60 PW36 33,126.34 March 16, 1999 W37 393,466.22 PW37 36,259.83 The meeting was adjourned at 7:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING APRIL 13, 1999 Chairman Machiros,opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. A new license application was presented to the Board by Tracy Vynorius d/b/a Olde town Tack. The new shop to be located at 74 Newburyport Turnpike. As this is a permitted use at that location, it was moved by Selectman Adams and seconded by Selectman Tevald to approve the application. Ms. Vynorius was advised to check with the Building Inspector regarding signs for the business. The warrant for the Annual Town Meeting was signed by the Selectmen and will be posted by a Constable. A request for use of Byfield Town Hall by the Newbury Library for a puppet show on Friday, April 23`d at 6:30 p.m. was approved. Chairman Machiros advised that renovations had begun on the downstairs bathroom and floors at Byfield Town Hall and a sink and counter will also be installed. The appointment of Russell Gibson U.S.A. Retired, as Graves Officer was approved as moved by Selectman Adams and seconded by Selectman Tevald. A letter from Worthen(Brownie)Taylor Jr. announcing his resignation as Building Inspector effective April 30a'was accepted with deep regrets. Worthen Taylor III who has received his certification will take his Dad's place as Building Inspector. Worthen Taylor Jr. will remain as Assistant Building Inspector. A request for use fo the Lower Green by Parker River Clean Water Assoc. for the Parker River Festival on May 22"d, raindate May 23`d, was given tentative approval subject to clarification of the sponsoring group. A request for use of the Upper Green by the Newbury Youth Program on Wednesday, July 74' and Monday, August 23rd from 9 a.m. to 2 p.m. for field day activities was approved. A request for the Upper Green ball field for a softball game on Tuesday, July 13 will be directed to the Old Newbury Clammers Softball Group who have 1'`claim on the ball field on Tuesday evenings for the summer months. A request from S.P.N.E.A. to hand a banner on the back stop of the Upper Green to advertise their Draft Horse Plow Match was approved. A thank you letter was read from Cub Scout Pack#44 for use of Handtub Lane for their bottle drive. An invitation from the Quascacunquen Grange for Mock Town Meeting on April 22"d at 7:30 p.m. was accepted with appreciation A new installers license was approved for John Thornton d/b/a Rockland Contracting Co. of Georgetown was approved. A request for use of the Byfield Town Hall May 21-23 by Gospel Hall for their Annual Bible Conference was approved. A general business license was renewed for Aries Sports&Bikery. Possible uses for the old library building were discussed. Proposals will be accepted by the Selectmen. The building must be demolished or moved prior to completion of the new building. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MAY 25, 1999 Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were signed by the Selectmen- April 13, 1999 W41 $ 59,565.45 PW41 35,110.79 April 20, 1999 W42 409,236.71 PW42 38,082.18 April 27, 1999 W43 80,028.55 PW43 31,586.39 May 4, 1999 W44 39,583.40 PW44 28,166.15 May 11, 1999 W45 $457,136.61 PW45 34,985.92 May 18, 1999 W46 58,953.58 PW46 31,401.44 Avery Woodworth, 19 Downfall Road, Byfield appeared on behalf of Charles Zaher of Lowell to request an installers license for Mr. Zaher for a one time installation on his property on Downfall Road. Selectman Tevald took the application under advisement so that he might check Mr. Zaher's references prior to issuing the license. On the recommendation of Selectman Tevald a new installers license was approved for Daniel Sullivan d/b/a Sullivan Excavating Inc. of Kingston,NH. A general business license was approved for Michael Strout at 89B Hanover Street. Zoning Enforcement Officer, Brownie Taylor stated that the business met the required zoning at that location. On the recommendation of the Harbormaster and with the approval of Selectmen Adams, the following appointments were approved for FY2000— Chief Harbormaster—Donald E. Rowell Lt. Harbormaster-Robert Bishop Assistants—Bruce Poore,Matthew Kimball,Michael Burke Harbormaster Helper—Charles Knight Reserves—Glenn Gavin,Russell Stiles, Andrew Avelis, Jr. Deputy Harbormaster—Roger Merry Deputy Harbormaster Emeritus—Andrew Avelis Sr. On the recommendation of Chief Merry lifeguard appointments for the summer season 1999 will be—Full time-Andrew Bernier,Darcie Britner, Andrew Cote, Sean Farmer, Graham Ledwell, Paula Reed Peter Saradjian, Kevin Stomski,Kelly Ward, Catlyn Williams—Part time-Jason Ryder Planning Board members and Warren Manter appeared before the Board to discuss options for open space and ballfields. Bruce Saunders asked for further clarification of the plans for the proposed fields on the corner of Rte. 1 and Boston Rd. Chairman Machiros explained the details of the P&S and noted that the property must meet the approval of the Conservation Commission and proceed to the State before being presented to the voters. Mr. Saunders stated his board supported the proposed fields but they were also working with Mr. Manter who had deeded a 9 acre lot (Lot G)in Fatherland Farms to the Town to be developed as a Little League field. The Planning Board also has been looking at a 66 acre parcel on Central St. owned by Manter as an option to developing Lot G. Mr. Manter agreed to hold off on Lot G Temporarily until other options are explored. A discussion ensued on the pros and cons of each area and the Boards agreed to continue to work with each other and the citizens of Newbury to explore all possibilities. The meeting was adjourned at 8:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 8, 1999 Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were signed by the Selectmen— May 25, 1999 W47 $ 36,841.21 PW47 31, 765.61 June 1, 1999 W48 $1,021,087.50 PW48 30,621.97 Under Chapter 61A the Board agreed to release their option to purchase 14.1 acres at 161 High Road (Assessors Map R32-14), owners of record Arthur and Mary Ellen Evans, as moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance showed interest in the purchase of these properties on behalf of the Town. As recommended by the Historic Commission, the Board granted approval for the Town of Newbury to be included in the Essex National Heritage Area subject to clarification by Patsy Brown, Chair of the Historic Commission. A permit was granted to Essex County Gas Co. to open and excavate 78 Main Street, Byfield to install a new gas service. Two new licenses were approved for Edward J. Ouellette d/b a Pine Island Music Resource at 98 Newburyport Tpke. and Brandon Kelly d/b/a Stor-U-Self Storage at 12 Kent Way. One day special permits for the sale of alcoholic beverages were approved for Ould Newbury Golf Club for June 1 la' from 5 p.m. to 12 a.m., June 13t' from 12 p.m. to 7 p.m., and June I from 5 p.m. to 12 a.m. At 8 p.m. the legal notice for the"lay out"of Courtney Drive'was read by Chairman Machiros. Letters from the Planning Board and the Highway Superintendent were entered into the record. Speaking in opposition to the acceptance of this road by the Town were Jean McCarthy, 5 Courtney Dr.;M/M Paul Bitchell, 2 Courtney Drive;M/M Gary Greco, 3 Courtney Drive;M/M Richard Morin, 4 Courtney Drive. The Board advised these residents that they should address their concerns to the Planning Board and the Developer Mr. Hill. The hearing was closed and the matter taken under advisement. The hearing was reopened and Selectman Adams moved that Courtney Drive not be accepted at this time, seconded by Selectman Tevald. The Selectmen will draft a copy of the hearing and present it to the Planning Board so they may address the issues of the residents. The hearing was closed at 8:25 p.m. Bernard Halupowski was appointed as Town Accountant and will begin his duties June 10 for a six month probtionary period. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 22, 1999 Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The Conley family of 10 Maple Terrace addressed the Board with their concerns of short time parking,the traffic pattern and pedestrian safety at the Elementary School. They stated they felt they had exhausted their options with school officials. They asked that signs and the parking pattern be re-evaluated. Chairman Machiros advised the Conleys to contact their school committee representatives and try to reach some resolve thru them. Chief Merry agreed to assign an officer to help with traffic control at the end of the school days. Too many students are picked up,he commented and the only way in and out is Walton Avenue. The Board agreed to work with the school committee and police department to try to relieve some of the problems. Ellen Weitzler of Neve Assoc. in Topsfield reviewed the designs for the new wastewater treatment plant at Triton with the Board. Work is scheduled to begin in approximately six weeks, she advised. The Board accepted a check in the amount of$98,417 from the Treasury for Federal Wildlife lands in Newbury. Two one-day special permits for the sale of alcoholic beverages for Fire Protection#2 for June 28th from 6p.m. to 10p.m. and July 2nd from 7p.m. to la.m. were approved. The fee was waived. A request from Buddy's Restaurant to extend operating hours was put on hold until Selectman Tevald can address some concerns with the owner,Diane O'Neil. Chairman Machiros advised that litigation against Castleberry Fairs will be filed in Lawrence Superior Court on Monday, June 28th. The following appointments for counselors for the Summer Recreation Program were approved as recommended by Director, Ed Suprin: Senior Counselors-Marion Christenson, Corey Morrison, and Jennifer Locke Junior Counselors-Ryan Bartlett, Jeff Magner, Lyndsay Thomson, Jessica Murphy, Sharon Smart, Adelle Lilly, Keira Clemenzi and Elena Grillo Alternate-Christopher Sargent The following appointments for part time lifeguards for summer 99 were approved as recommended by Chief Merry: Neal Ernstrom, Thomas Wetmore, and Leigh Ferrara It was moved by Selectman Tevald and seconded by Selectman Adams to carry forward all other appointments until the next meeting. Chairman Machiros noted that a group of citizens had filed an appeal with DEP on the proposed ball field. He read the appeal and a letter from the Sportsmen's Assoc. regarding their concerns about this location. Doug Packer of the Conservation Commission addressed some of the concerns and stated that the notice of intent was done well, mitigating measures were addressed and there were very few wetland issues. We need playing fields for our kids and while I respect the hunters, I would rather hug a kid, stated Chairman Machiros. He urged all citizens to come to the Town Meeting on the 29tr' and get their facts straight. The meeting was adjourned at 8:55 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 13, 1999 Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and Alan 1. Adams were present. On a complaint received from Kathleen Elliott of 36 Central Street, a dog hearing was set for July 27th at 7:30 .m. for Larry Rogers of 27 Central St.,who maintains a kennel at that location. Mrs. Alba Gouldthorpe of 7 P.I. Boulevard advised the Board that 70 P.O. boxes had been placed on Olga Way. She stated she had spoken with Mr. Cantwell the Postmaster in Newburyport who agreed to move them if a more suitable place could be found. Mr. Cantwell will be called to see if a resolve can be reached and a new location can be found. Mrs. Gouldthorpe also advised the Board that a person was charging a fee for parking in the Town lot on Olga Way. This lot is posted "by permit only"and is for residents with a Town sticker. Chairman Machiros asked the Chief if the proper signs were posted. Chief Merry stated the signs were okay but he wasn't sure everyone knew what"by permit only" meant. Chairman Machiros advised that the police should monitor the lot more closely. He also suggested the town might look at fixing up this lot and perhaps make some money for the Town, as parking is at a premium on the island. A permit to open and excavate S. Pond Street at Graham Avenue from Essex County Gas Co. was denied. This road is newly paved and cannot be excavated. A permit to open and excavate 54 Elm Street from Essex County Gas Co. to install a new service was approved. An Installer's license was approved for John Travers d/b/a Travers Excavating of West Newbury. A one-day special permit for the sale of alcoholic beverages for Ould Newbury Golf Club on Saturday, July 174' from 4 p.m. to 12 midnight was approved. Appointments for the Police Department were approved as presented for FY00. A three year on-goint appointment was approved for Tim Leonard, Highway Superintendent as moved by Selectman Adams and seconded by Selectman Tevald. All appointments were approved as presented for FY00. Selectman Adams expressed his disappointment that the proposed ball field was defeated at town meeting. The kids will be the losers, he stated. We were charged with finding locations for ball fields, we located a property that was centrally located and did the best we could. I'm disappointed that the people were not willing to look at the merits of the location. Selectman Tevald thanked Chairman Machiros personally for his efforts and the exhaustive work he did locating and planning the proposed fields. I am also disappointed that the people who would benefit most from these fields were not there to support it, he stated. Contrary to the wishes of the Sportsmen's Assoc. this land will be built on, he noted. Whether it is homes or businesses will be determined at a later date by the owners. Margaret Leahy offered her help to the Board to find locations for fields. I was opposed to the Rte. 1 location, not the need for ball fields, she stated. I would be opposed to any location that involved wetlands. The Board thanked her and took her offer under advisement. Steve Mangione of 21 14t' St. reported that there has been a lot of activity around a trailer owned by Novak at 19 12 St. Mr. Novak has been observed installing new bath and kitchen fixtures. He also brought the temporary power line into the trailer and has installer a well point. Most recently Mr. Novak has been digging under the trailer' Mr. Mangione stated he was very concerned that Mr. Novak was trying to occupy the trailer. The Assessors card states"no power, no water and no septic"he advised. Brownie Taylor, Building Inspector stated that he had visited the site several times and had advised Mr. Novak orally and in writing that any work on the property would require proper permits. Chairman Machiros stated that he was aware of Mr. Novak. The Board moved to proceed to make Novak comply with all permits,building, wiring, plumbing and Title V. Brownie and Doug Packer will be kept informed of any work being-done at this location. The other Inspectors will also be advised to watch the property. Mr: Mangione was asked to call any time he saw activity at the property even•at strange hours or weekends when Mr. Novak seems to appear. The following warrants were signed by the Selectmen: July 13, 1999 W2 $47,849.53 PW2 36,936.88 W54 24,886.47 July 20, 1999 W3 446,868.39 PW3 34,405.66 W55 5,874.66 The meeting was adjourned at 8:45 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 27, 1999 Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald'and Alan I. Adams were present. Richard Passeri addressed the Board regarding the recent bid for the Library Building General Contractor. -The low bidder was Construction Solutions Inc., of Amesbury at 2,099,488, he advised. Their qualifications and references have been thoroughly investigated and the committee feels very comfortable with awarding the bid to them. Based on this recommendation, Selectman Adams moved to award and authorize the signing of a contract with Construction Solutions Inc. for the construction of the new library, seconded by Selectman Tevald. The Library Building Committee was also authorized to approve and execute change orders increasing or decreasing the value of the contract. The contract when signed will be submitted to Counsel for review of form and content. At 7:40 p.m. the legal notice for a dog hearing was read by Chairman Machiros. All persons wishing to testify were sworn to tell the truth during the proceedings. Kathleen Elliott and Craig Pearson of 36 Central St. brought the complaint against Larry Rogers of 27 Central St.,whose hounds bark constantly day and night. Mr. Rogers is licensed to house a 10-dog kennel at this Central St. address. Elliott/Pearson who recently purchased their home claimed the barking has disrupted their lives and jeopardized their jobs because they cannot sleep. They stated neighbors had reported that the problem has been ongoing for years but they have been reluctant to complain in fear of retaliation from Mr. Rogers. Sharon Thistlewood and Michael Shaw of 33 Central St. concurred with Ms. Elliott and Mr. Pearson. Chief Merry stated that after a recent increase in complaints from residents, a citation for disturbing the peace had been issued to Mr. Rogers. It may, however, take up to six weeks to be heard in court, he stated. W. Rogers did not try to deny any of the allegations. He stated he currently had six dogs and 8 4'x10' kennels. Atty. Sandman, representing Rogers stated that Mr. Rogers recognizes he has a problem but he also has rights. The ACO was asked for an assessment of the situation. She stated she was called there a lot. It seems to be an ongoing situation that is getting worse. She agreed that the neighbors needed some relief. The problem is with the location of the kennel, she stated. They are too close to the neighbors houses and any activity around the kennels set.the dogs off. 'It was suggested that the kennels be moved to the rear of the property but there is residential property adjacent to this location. A sound barrier similar to those used to deaden highway noise was also suggested. Chairman Machiros asked W. Elliott is she would be willing to work with Mr. Rogers, Atty. Sandman and the ACO to reach some resolve. She stated she or Mr. Pearson would work with them. Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was Ireopened and Selectman Adams moved that the neighbors, Mr. Rogers, Atty. Sandman and the ACO work toward a solution and report to -the Board within two weeks, seconded by Selectman Tevald. (Transcript attached) Chairman Machiros advised that Tim Leonard, Highway Superintendent had beenasked to survey the Island to try to find a new location for the cluster mailboxes located on Olga Way. _Postmaster Cantwell had been informed and was very receptive to an alternative location if found. A request was approved for a phot sheet on Newman Road by Polestar Productions. A police detail will be required. A request from Protection Fire Co. #2 for a"boot drive"for Muscular Distrophy at thi High Rd; lights on August 1't from 8 a.m. to 2 p.m. was approved. The Home Health Care contract for FY00 was approved at an annual fee of$4,053. A one-day special permit for the sale of alcoholic beverages was approved for Ould Newbury Golf Club for July 3 1" from 4 p.m. to 12 midnight. It was moved by Selectman Adams and seconded by Selectman Tevald to establish a Public Safety Committee to include the Police Chief, Fire Chief, Building Inspector, and ROGERVELLIOTT Dog hearing July 27, 1999 At 7:40 p.m. the legal notice was read by Chairman Machiros. All persons wishing to testify were sworn to tell the truth during these proceedings. Chairman Machiros advised that the hearing was run as easy as possible. We are here to try to solve a common problem, he stated. Kathleen Elliott of 36 Central St. stated they had purchased their home about 6 months ago. There were told the area was a good place to live and raise a family. It is not a good place, she stated with dogs barking constantly. We've called the police and the ACO and nothing is done. We cannot sit on the deck or open windows. Our bedroom is on the second floor and the sounds seem to be amplified. When we reach the breaking point we call the police. Our neighbors have told us that this has been going on for years and no one seems to do anything-about the problem. I have nothing against Mr. Rogers, I just want him to be more considerate. All the neighbors agree but they are afraid to make waves. I cannot plan a family the noise is just too bad. The police complaints go back to 1993. Some neighbors will not come forward because they are intimidated. Sharon Thistlewood of 33 Central St. concurred that Ms. Elliott was not exaggerating. The barking is really bad. Chairman Machiros noted that recently a citation was issued to Mr. Rogers for disturbing the peace. Chief Merry stated they were going the summons route and it will take up to six weeks to be heard in court. Ms. Elliott stated that 27 7 29 Central St. were owned by Mr. Rogers. #27 is an apartment house and #29 is a trailer. When people come and go the dogs are disturbed. When kids are there and they are jumping on the frampoline in front of the kennels the dogs go crazy. Also loose dogs running around cause the caged dogs to bark and run around the kennels. A travel Alt trailer arrived last weekend and caused more commotion. The trailer is gone now but caged dogs-bark. Mike Shaw (33 Central St.) stated he works nights from 7pm to 9am and cannot sleep without putting on the dryer and air conditioner to drown out the dogs. I don't know if they are cared for but they bark 16-17 hours a day he stated. Ms. Thistlewood said she tried to talk to Mr. Rogers and was told that he would get more dogs if they didn't like it. Craig Pearson stated he spoke with some neighbors and they told him not to try to approach Mr. Rogers. Once when the police were called they were reluctant to rouse Mr. Rogers because they would have to wake the tenants to get to Mr. Rogers in the basement of the house. We have spent a lot of money on our house and don't want to have to sell it but this situation is unbearable Thistlewood - Mr. Rogers is breeding the hounds so there are more of them all the time. Pearson - Mr. Rogers has a lot of land, couldn't the dogs be moved away from the houses or a sound barrier be erected. Chairman Machiros - have you talked with Mr.Rogers? Pearson - No. Sgt. Reilly has suggested a sound barrier to block the barking and has mentioned it the Mr. Rogers. Chairman Machiros - were the dogs there when you purchased the house? i w Pearson - I believe they were but I don't know how many were there Thistlewood - After I purchased my house I came home one day to find a sheep on my porch. Rats were also a big problem when Mr. Rogers had his pigs. When we tried to speak to Mr. Rogers he was rude, nasty and threatening. He had a rabbit on the roof of an adjacent barn with his throat slashed and he left it there for all to see. Pearson - the reports are all in the police logs. I know a lot of people in Town and I've been told he is a Rogers and there is nothing you can do. Chairman Machiros - You sound like reasonable folks and I know you are aggrieved. Mr. Rogers are there any complaints you would like to address. Rogers - no, I could lock three dogs up at night and leave three loose. Elliott - We don't want to be trouble makers Chairman Machiros - you are not trouble makers, you just want some relief. Thistlewood - I have called Mr. Rogers and I did not act like a lady on the phone. He was furious and the police came to reprimand me. Chairman Machiros - How many dogs do you now have Mr. Rogers? Rogers - six now and a kennel license for 10 Atty. Sandman (79 State St.) Mr. Rogers asked me to attend tonight and listen to the complaints to see if anything can be done. I suggest the we sit down and try to reach a solution, be it a sound barrier or whatever to reduce the noise. Mr. Rogers has rights and a current kennel license. Selectmen Tevald - What is the size of the facility? Rogers - 8 4'x6'x10' kennels with a roof. Thistlewood - He sometimes keeps the dogs all in one enclosure. Four years ago when there was a hearing, he put silencer collars on them but it didn't work. Pearson - Mass General Laws state if dogs excessively bark the ACO or the Board of Selectmen has authority to remove the dogs, revoke the license or move the dogs to a better place. q Mike Shaw - I work with adolescents at Harbor School and feel like acting like them because of lack of sleep. The backyards are open and the noise carries thru. I have left messages on Mr. Rogers machine and get no answer. The kennel is not kept clean and I am fed up with the noise. Chairman Machiros - Mr. Rogers do you care to answer or ask any questions? Rogers - no ACO - this has been an ongoing situation. The barking has been getting worse and more constant. I believe it is because of the activity on the property. I would previously get calls only at night but now it is at all times day and night. I don't mind answering the calls but I don't have a solution. I have been to the kennels many times and sometimes they are clean and sometimes they are a mess. At my last inspection they all had fresh shavings. It is a nice set up but a lousy location. It is just too close to the other houses. Chairman Machiros - How may calls have you made there? ACO - many many over the years. Mr. Rogers is always agreeable but doesn't follow thru. I've had calls from more than the four people here tonight. I can only attribute the excessive barking to summer and the increased activity around the house. Chairman Machiros - how many apartments do you have Mr. Rogers Rogers - The house is a two family not apartments Tevald - you are not allowed to have a two family - only a single family with an in-law apartment. Chairman Machiros - are there a lot of cars in the yard. Pearson - ten cars daily. There appears to be 6 or 7 people all the time. The downstairs unit is rented to three adults. Rogers - I rent the house and I live in the trailer with my mother and sister Tevald - How can the kennel be licensed for #27 Central St. if you live at #29 Central St. Elliott - the police reported that Mr. Rogers was living in the basement at #27 that is why they have to wake the tenants to get to him. Rogers - I don't live there I just have my phone in the basement. Tevald - have you lived in the basement at any time or ever lived in the house at #27? Rogers - yes Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was reopened and Selectman Adams asked for a recommendation from the ACO ACO - I don't have a solution. I would recommend the kennel be moved to the rear of the property over the hill. This might act as a buffer zone but I don't know if other houses in the rear would then be affected. Rogers - I could make it an indoor kennel. Pearson - I think the dogs would be miserable and bark more. Any vent would only amplify the noise. Chairman Machiros - I would like the ACO to try to resolve this problem. Would Mr. Rogers, Ms. Elliott and the ACO be willing to meet to work on a resolve. We must not look at this in an emotional way. Tevald - How about a barrier like used on the highways to deaden noise. I don't think enclosingthe kennel would be the best answer for the dogs or the neighbors. In this day and age there must be a way to deaden noise. There is not much else we can do except get rid of the dogs and pull the kennel license. ACO - I have three no bark collars I will lend Mr. Rogers to try. If they work it will help until we can research a barrier. Tevald - We also need to address the activity in front of the kennel. The trampoline must go. Rogers - the trampoline is gone Alan Adams - Why do you have so many dogs. Do you breed them. Rogers - Yes, I have always had that many Chairman Machiros - I will ask Ms. Elliott or Mr. Pearson, Mr. Rogers, Atty. Sandman and the ACO to work together to reach a resolve. You have no more than two weeks to put a recommendation before this Board. Sandman - We are willing to work toward a solution. Selectman Adams moved to take the recommendation of the ACO that the neighbors, Rogers, Counsel and she work together to find a solution and report by the next meeting, seconded by Selectman Tevald. Hearing closed at 8:40 p.m. the Board of Health or its designee. Requests for parades, fairs, etc. would be addressed by this committee and recommendations made to the Board of Selectmen. A request was approved for the use of the Upper Green on August 7t' for Armed Forces Day activities and displays as part of Yankee Homecoming, subject to Chief Merry's approval of the activities. The meeting was adjourned at 8:50 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING AUGUST 10, 1999 The meeting was opened by Clerk Joseph S. Tevald. Alan I. Adams was present. The dog nuisance complaint against Larry Rogers of 27 Central Street was continued. Craig Pearson of 36 Central Street stated that the dogs had been quiet for three days and then the barking continued as before. No meeting was held or scheduled as proposed at the last meeting and Mr. Rogers seems to just not care. Carol Larocque reported that her calls to Atty. Sandman had been unanswered and a visit to the Rogers kennels revealed barking dogs in dirty kennels with little or no water. Selectman Tevald assured the residents that the Board with Counsel would contact Mr. Rogers and his attorney. He expressed his regret that it seemed to be taking so long to resolve this complaint. We don't want to make any mistakes so that we can legally bring this situation to an end, he noted. We will continue this hearing until we have compliance. He thanked the residents for their patience. A letter of resignation from Town Clerk Marcia Peirce was accepted with deep regrets. Her recommendation to appoint Assistant Donna Stefanile until the election of 2000 was taken under advisement. A permit from Essex County Gas Co. to open and excavate 31 High Road at Graham Avenue to repair a gas leak was approved. A request fay use of the Upper Green on August 28 & 29 by the North Shore Cyclists for a.50 mile rest stop�on their 100 mile route was granted subject to Chief Merry's approval. It was moved by Selectman Adams and seconded by Selectman Tevald to accept the recommendation of Highway Superintendent Tim Leonard regarding the cluster mailboxes on Olga Way. After much research Mr. Leonard recommended the Olga Way location as the safest and most convenient. Selectman Adams noted that the Woodbridge School yard was being used by a dog sitter Wrun approximately.15 dogs each day. While he picks up after the dogs,this is a business being operated on town property, he stated. The ACO advised.that the area would have:to be posted to prevent its use. Selectman Adams moved to post the school yard;"no dogs allowed by order of the Board of Health", seconded by Selectman Tevald. The following warrants were signed by the Selectmen: July 27, 1999 W4 $88,110.25 PW4 42,965.60 August 3, 1999 W5 258,677.42 PW5 37,733.74 The meeting wa,adjourned at 8:25 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING AUGUST 24, 1999 Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was present. The following warrants were signed by the Selectmen: August 10, 1999 W6 $997,489.25 PW6 46,233.93 August 17, 1999 W7 30,962.38 PW7 39,307.44 A request from SPNEA to hang a banner at the Upper Green advertising their Family Harvest Festival on Saturday, September 25th was approved. A request from Buddy's Restaurant for a one-day entertainment license for an appreciation/end of season party on September 1 Ith was taken under advisement. A request from Protection Fire Co. #2 to hold a second "boot drive" for MDA on September 5th at the intersection of High Rd. and Hanover St. was approved. A new license for auto repair at 86 Newburyport Tpke. from Horace and John Baldwin d/b/a Superior Auto Body Repair was taken under advisement until the next meeting for a vote of the full Board. A new license for auto repair-at 24 Middle Rd. from William Koski d/b/a Bill's Auto Repair was also taken under advisement until the next meeting for a vote of the full Board. A letter from the Mackays regarding 5.7 acres of land being removed from Chapter 61 A classification and offered for sale was read and taken under advisement. The Town has 0 refusal on all Chapter 61A properties. A permit to open and excavate 171-177 Elm Street for the installation of a new gas line was approved. May Sarantos of Atty May's requested a one-day entertainment license for a private performance of acoustic folk music on Sunday, September 5th. She stated some friends would be visiting who are part of the Joanie Mitchell Group and she would like to be able to allow them to play that evening at the restaurant. She also asked the Board to consider the possibility of live entertainment next year at this location. The approved the one-day request for the 5th and advised Ms. Sarantos that the Board would not look at an entertainment license until such time as renovations are complete and full dining is offered at the Beachcomber. A request from the Plum Island Mothers Assoc. to hold a fund drive at.PITA Hall to benefit the Jason Sawyer Memorial Playground on September 4th thru 6th was approved. A request from Newburyport Water Works for permission to extend a new water line 400 feet up Parker St. to tie into an existing water main was granted subject to Tim Leonard's approval. A letter was read by Selectman Tevald from American Tower Corp. investigating the possibility of a stealth flagpole (communication tower)being placed on Town property at the intersection of Church and Lunt Streets in Byfield. The letter was taken under advisement and American Tower will be called if their proposal is considered. Rick Ross, Chairman of the Bay Circuit Trail and Tom Horth of FOOT (Friends of Our Trails)updated the Board on the progress and minor changes being made to the Bay Circuit Trail. Maps and a description of the work in the progress were submitted to the Board. The Board thanked the gentlemen for their time and good work by their committees. Rogers dogs were again discussed. Mr. Pearson advised that the situation had improved but there were still problems with the dogs barking. He said that the no bark collars 73 appear to be working but they need to be monitored. Selectman Tevald noted that the Board had word from Mr. Rogers attorney. We are looking for permanent solutions,he stated, like a sound barrier. Ms. Elliott asked if it would be possible to move the kennels to the middle of the property away from activity. Selectman Tevald agreed that the Board could look at that along with a sound barrier. We are still hoping to resolve this situation, but there will be little option left if Mr. Rogers is not compliant, he stated. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING SEPTEMBER 14, 1999 Clerk, Joseph S. Tevald opened the meeting at 7:50 p.m. Selectman Alan I. Adams was present. A letter of resignation from Dean Robertson was read and accepted with deep regret. Mr. Robinson had served on the Zoning Board of Appeals since 1976. Appointments of Howard Traister to replace Dean Robertson on the ZBA and Doug Packer as an alternate on the ZBA were approved as moved by Selectman Adams and seconded by Selectman Tevald. A Class II Used Car Sales license was reviewed for Paul Genard d/b/a Corvette Ctr. at 86 Newburyport Tpke. He will occupy the showroom, front lot and one bay for prepping vehicles. The license was approved with the stipulation that a limit of 50 vehicles be stored outside the showroom for a probationary period of 6 months subject to periodic review. This limit will-'be- reassessed when a track record is established. The Trustees of the Library were thanked by the Board for their kind invitation to the library ground breaking ceremony scheduled for the 23rd at 4:30 p.m. Mr. Avery Woodworth asked if there was any information available on the communication tower mentioned at the last meeting. Selectman Tevald stated there was none as the proposal had not been pursued at this time. Gene Palumbo of Hanover Street addressed his ongoing complaint against McDonald Trucking. Selectman Tevald advised that the Town was in litigation with Mr. McDonald and he couldn't comment at this time. Individual violations may be addressed as they happen, such as operating after permitted hours, he said. Selectman Adams asked that the record show that McDonald was reported.to be operating his business as late as 1 a.m. and starting before dawn at times. The following warrants were signed by the Selectmen: August 24, 1999 W8 $ 76,619.14 PW8 37,309.65 August 31, 1999 W9 40,110.42 PW9 34,762.43 September 7, 1999 W10 42,929.01 PW 10 33,310.40 The meeting was adjourned at 8:20 p.m. Respectfully submitted, Kathleen Sirois, Secretary �S SELECTMEN'S MEETING SEPTEMBER 28, 1999• Clerk Joseph S. Tevald opened the meeting at 7:30 p.m. Selectman Alan I. Adams was present. Licenses for Bill's Auto Repair at 24 Middle Road and Superior Auto.,Body Repair& Detailing at 86 Newburyport Tpke. were approved for a six month probationary period subject to compliance with zoning and cleanliness of the operation as moved by Selectman Tevald and seconded by Selectman Adams. An Installer's License was approved for Glen Thompson d/b/a T& W Excavation of Lynn. A proclamation for United Nations Day on October 24 h was read and signed by the Selectmen. Chief Merry advised that Halloween would be celebrated on Sunday, October 31�` from 5:30 to 7:30 p.m. The following warrants were signed by the Selectman: September 14, 1999 W 11 $607,844.91 PW 11 39,402.93 September 21, 1999 W12 58,575.60 PW 12 30,729.41 The meeting was adjourned at 7:40 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING OCTOBER 12, 1999 Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph s. Tevald and Alan 1. Adams were present. The following warrants were signed by the Selectmen: September 28, 1999 W13 $29,350.10 PW113 32,092.46 October 5, 1999 W14 41,238.83 PW14 34,782.93 Donna Stefanile was appointed Temporary Town Clerk to fill Marcia Peirce's un-expired term and given the clerks salary effective this date as moved by Selectman Adams and seconded by Selectman Tevald. Douglas C. Janvrin and Dana Davis were appointed as local community response coordinators for the Emergency Planning Committee. Stephen J. Smith was appointed to the Sandy Point State Advisory Committee as moved by Selectman Adams and seconded by Selectman Tevald. A permit for Essex County Gas Co. to open and excavate 112 Elm Street to install a new gas main and service to the building was approved subject to Tim Leonard's supervision. Chairman Machiros noted that legislation was in the works to enforce the regulation that utilities repair roads to DPW specifications. Two one-day special permits for the sale of alcoholic beverages for PrQl fire Co. #2 for Thursday, October 4 h from 6:30 to 10 p.m. and Monday,Nove �; tom 6:30 to.9 p.m. were approved. The fee was waived. • d� rt. Fi -79 A one-day special permit for the sale of beer and wine for the American Cancer Society benefit, Gregg Pugh Chairman at PITA Hall on October 30'h from 7:30 p.m. to 12:45 a.in. was approved pending the receipt of their liability insurance policy. A request from Plum Island Mothers Association to place a sign on P.I. Tpke. to display the state of the fundraising effort for the Jason Sawyer Memorial Playground was approved with the stipulation that the sign not impede traffic or cause a hazard. The Selectmen signed a letter of approval for"change of control" of our cable license from Media One to AT&T Corp. A request from P.I. Grille for two one-day entertainment licenses and a one day extension of their hours for New Year's Eve was taken under advisement. The dog complaint against Larry Rogers of 27 Central Street was reopened. Mr. Pearson reported that there has been improvement but the barking is still a problem. The ACO noted that the dogs were wearing their"no bark" collars. The Selectman recommended Mr. Rogers move ahead with the installation of a buffer type fence around the kennel ASAP to further address this problem. Mr. Rogers agreed to erect a fence within the next week or so. A request from the Byfield Methodist Church to close Lunt Street between the school and the church for a craft fair on Saturday, October I was approved. The Board moved to pursue the possible purchase of 5.7 acres of land off Kents Way listed in the 61A tax category owned by the Mackays in Byfield for use as ballfields. The Board of Fire Engineers and Protection Fire Co. #2 brought a dispute before the Board of Selectmen. Chairman Machiros offered to hold an executive session to discuss the matter, however,the Fire Co. chose open session. After a lengthy discussion, the Selectmen over ruled the Engineers decision thereby allowing the Fire Co. to hire the man chosen by membership vote. Selectman Adams noted there seemed to be some confusion about the hiring process and policy changes. Counsel Jim Lagoulis will be asked for an opinion on the role of the Fire Engineers and a specific set of guidelines will be established for hiring practices in the future. The number of members appointed to the Board of Fire Engineers was also discussed. It was agreed that Tim Leonard would remain on the Board and Mike MacDonald as Chief of Protection Co. #2 would be added and the Fire Engineers would recommend a member from Byfield to bring the membership to 4 & 3 for a total of 7. The meeting was adjourned at 9:15 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING Oct6ber'26, 1999 Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevaldand Alan I. Adams were present. The following warrants were signed by the Selectmen:_. October 12, 1999 W15 $117,845.39 PW 15 37,867.12 October 19, 1999 W 16 434;09.27 PW16 20,605.73 A request from Cub Scout Pack 44 for use of Handtub Lane for a bottle drive on November 6t'was approved. Permission was also given'for a Veterans Day dedic. and celebration on the Green after the Newburyport parade. Geoffrey Walker was appointed as an alternate to the Sandy Point state gWrvation Advisory Committee-as moved by Selectman Adams-and seconded by 9@1pptmait Tevald. 0116 t7 A letter of support for Sandy Point State Reservation Advisory Committee for maximized public use and hours of opeation at Sandy Point was reviewed and approved by the Selectmen. A request from Kurt Riese of 88 Main Street to have a dog restraint order released after one year was approved subject to receipt of a letter from the ACO confirming that no violations or complaints had been received in this one year period. The Selectmen made it official that they would actively pursue the purchase of the Mackay land in Byfied for ballfields or any other appropriate town use subject to inspection by the Conservation Commission.. The Board agreed to match Newburyport's funding to support the Jason Sawyer Memorial Playground. Chairman Machiros said he expected this donation to be between $8K and $IOK. Douglas Packer was appointed as Assistant building Inspector as moved by Selectman Adams and seconded by Selectman Tevald. Mr. Packer will have 18 months to become certified for this position. The Board reviewed a winter public relations letter written by the Highway Superintendent for mailing to the citizens of Newbury. Chairman Machiros noted he would like to make a few small changes before mailing. It was moved by Selectman Adams and seconded by Selectman Tevald to send this advisory when corrections were made. The meeting was adjourned at 7:45 p.m. Respectfully submitted, Kathleen Sirois,,Secretary SELECTMEN'S MEETING NOVEMBER 23, 1999 Clerk, Joseph S. Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was present. The following warrants were signed by the Selectmen: October 26, 1999. W 17 $69,443.16 PW 17 34,234.29 November 2, 1999 W 18 40,697.78 PW 18 36,317.84 November 9, 1999 W 19 116,952.92 PW19 35,73�Z.72 November 16, 1999 W20 440,441.35 PW20 35,831.75 At 7:45 p.m. the legal notice for a public hearing on the determination of tax levy to be borne by each class of real property for FY2000 was read by Selectman Tevald and the hearing was opened. Joseph Cutrone representing the Board of Assessors recommended that a single tax rate for all classes of real property be maintained due to the low%of other than residential property (94% residential and 66/o other). There were no questions or comments from the citizens in attendance. Selectman Adams moved to accept the Assessors recommendation, seconded by Selectman Tevald. The hearing was closed by a motion from Selectman Adams seconded by Selectman Tevald. A request from P.I. Grille for a one day special entertainment license for New Year's Eve and an extension of hours for liquor service on this.evening was addressed by the Board. Kevin Desmaris,Manager of the restaurant, stated they would like to have a jazz pianist for the evening. The restaurant would like to be able to serve liquor until 12:30 a.m. for the festivities. Neighbors have been notified, he stated. Selectman Adams moved to 82 grant the entertainment license and extension of hours for this one evening, seconded by Selectman Tevald. Christmas on the Green celebration will be held Sunday, December 5d' starting at 3:30 p.m. Town Hall will be closed for the Thanksgiving holiday Thursday,November 25t' and Friday,November 26d'. A letter from Cody Williams of Byfield was read by Selectman Tevald. Young Mr. Williams asked the Board to consider the possibility of an in-line skating & skateboarding park somewhere in Town. Selectman Tevald stated it was certainly food for thought in the search for recreational land. Cody was commended for writing the letter. Mr. Cook and Mrs. Smith formerly of 54t' Street addressed the Board regarding a problem with access to a house which they recently sold to the Sicard family. After a short discussion, the Board took the matter under advisement and will discuss the options with Highway Superintendent Tim Leonard who has been working on the problem over the past week. Selectman Tevald stated that the Board would do its best to try to resolve this access problem with the least hardship to all parties. The Board wished all a very "Happy Thanksgiving". The meeting was adjourned at 8:15 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 14, 1999 Clerk Joseph S. Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was present. A moment of silence was held in remembrance of the six firefighters lost in the Worcester fire of December 3`d s Selectman Tevald announced that Town Hall would be closed for the holidays on Thursday,December 23`d; Friday, December 24d' and Friday, December 31s`. The Town landfill will be closed on Saturday, December 25"' and Saturday, January 1'`. For the convenience of our residents the landfill will be open Sunday,December 2601; Monday, December 27 h ; Tuesday, December 2e and Wednesday, December 29P during regular hours 8 a.m. to 3:45 p.m. At 7:45 p.m. the legal notice for a pole hearing was read by Selectman Tevald and the hearing was declared open. David English representing Mass Electric stated that peition #656 dated 10/14/99 was to erect one pole#8/83-1 on Elm Street in the vicinity of#171 Elm Street. Underground service will be run from this pole to the new subdivision at this location. Hearing no questions or objections, Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was reopened and Selectman Adams moved to grant the petition as presented, seconded by Selectman Tevald. A request from Newbury Scout Den C for use of the Byfield Town Hall on Saturday, January 15t' from 10 a.m. to 2 p.m. for the purpose of assembling bird feeders was approved by the Board. On the recommendation of Port Engineers,the bid for leachate collection was awarded to R.B. Strong of Gloucester, Ma at a cost of.0789 cents per gallon as moved by Selectman Adams and seconded by Selectman Tevald. Liquor license renewals were approved for 2000 for the following: Buddy's Restaurant, Old Town Country Club, Inc., Corner Cupboard,D&J Liquors, PJ's,Dicks's Variety, Mr. Moe's, Byfield General Store, Atty May's Beachcomber,Newbury Convenience, and Plum Island Grille Inc., as moved by Selectman Adams and seconded by Selectman Tevald. A hearing date of January 25a'was set for John Reilly's application for an"all alcohol" beverage license at Oule Newbury Golf Club under the corporation name of J.R.'s ISP Hole LLC. The following warrants were signed by the Selectmen: November 23, 1999 W21 $247792.85 PW21 34,346.01 November 30, 1999 W22 25,665.46 PW22 41, 013.18 December 7, 1999 W23 469,315.69 PW23 627237.89 A very "Merry Christmas"was wished to one and all. The meeting was adjourned at 8 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 28, 1999 Joseph S. Tevald, Clerk opened the meeting at 7:45 p.m. Selectman Alan I. Adams was present. An application for an"installers permit" for Up-Country Landscaping of Byfield was reviewed and taken under advisement pending the receipt of additional information on licenses held in other towns or testing of applicant. The following licenses were reviewed and renewed: Used Car Class II—US#1 Auto Marine, Highline Auto Inc., Olde Byfield Management& Supply Inc., Special Interest Auto of Newburyport,Federal Auto Repair, AEL Trailer Sales, Corvette Center. Motor Vehicle Junk Class III—Newbury Auto Sales, Inc. General Licenses—Newbury Hair Design, Longfellow Hill Beauty Shop,Karen's Dog bomiifg of P.I.,Deb's Place; Colonial Coiffures, Surfland Bait&Tackle, Linda's dme Salon, A Newbury Setting, Corner Cupboard,Main St. Mini Mart,Dick's Variety,Buddy's Restaurant,Byfield General Store,P.I. Grille Inc.,Norbek Sterling, Bird's Nest,Pheasaitt Meadow Farm, Milestone 35, Volpone Towing, Aries Sports'&Bikery, Fernald's Marine, Diamond Marine, Tolman Automotive, Bill's Auto Repair, BD Automotive, Olde Newbury Boat Co., A.L. Prime Energy, Henry C. Becker, Wheelhouse Parking, Ginny Moore's Parking Lot, Olde Byfield Expo Tea Room,F. Thurlow Brown Books, International Antique Mart,Byfield Trading Co.,Parker River Trading Post;Noyes Citgo, Checkoway Oil, Steve's Service, Mr. Moe's, Appleton Woodworking;Haven II, Pearson Hardware, Wilco Marine Restorations, Josette's Adz &Loom'Newbury Butchery, PITA Hall, Tendercrop Farms, Villane Parking, Pine Island Murfc Resource, Riverfront Marine Sports Inc., Mae Atkinson Antiques,Newbury Convenience Store, AGJ Woodcrafting& Woodworking, Flukes &Finds, Superior Auto Body, High Tail Acres, Mad Martha's, Marshview Farms, Ice Cream Cove, Art Camera Custom Framing, Pert Lowell Co. Installers—Kevin Greaney Materials & Trucking, J.D. Hartnett& Son, T.L. Norton Co., P.A. Wilkinson, Kendall Construction, Manter Co.,H.A. Richards& Sons, Currier Septic &Drain, Allen P. Rogers, Sullivan Septic Service, Edw. J. Tremblay, P.B. Johnson Inc., Septic Solutions Inc., R.B. Strong Septic Services, Peter D. Nicol Excavating, Pearson Landscaping, Enpro Services, Killam Construction, J. Gallant Pool,Stuart Dalzell. Haulers—P.A. Wilkinson, G.H. Ricker Inca, R.B. Strong;Currier Septic &Drain, Pearson Landscaping Inc. �J The Sicards, new owners of 13 54a` Street appeared before the Board regarding access to their property and possible removal of a telephone pole on 54 h Street. The matter will be discussed with the Highway Superintendent to see if relief may be accessed this way. The following warrants were signed by the Selectmen: December 14, 1999 W24 $478,468.00 PW24 42,182.21 December 21, 1999 W25 39,625.40 PW25 33,463.81 December 28, 1999 W26 23,476.73 PW26 30,967.14 The Board wished all a very "Happy New Year". The meeting was adjourned at 8:15 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JANUARY 11, 2000 Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was present. On the recommendation of Chief Merry, Jennifer Walsh and Jason Lewis were appointed as part time dispatchers as moved by Selectman Adams and seconded by Selectman Tevald. A one day special permit for the sale of alcoholic beverages was approved for Anna Jaques Hospital Aid Association for Great Chefs Night at Governor Dummer Adademy on March 10a' from 6 p.m. to 12 midnight. The following licenses were reviewed and renewed as moved by Selectman Adams and seconded by Selectman Tevald—Used Car Class 11: Byfield Auto Center, Hanover Place, Angie's Service Station. General Licenses: Peter Story, Atty May's, Atty May's Beachcomber, angie's Service Station, Poor Richard's Barn, Buddy's Books, Apple Cider Press&Prints, Williamson Parking Lot, Plum Island Enterprises,PJ's, Ja-Makin- Me-Tan. Installers:.:Spalding Contracting, Rockland.Contracting, R.A. Briscoe, David W. Foley, Travers Excavating, W. Harrison & Sons, Haynes & Sons, Keith P. Walton Co. Haulers: R. A. Briscoe and Raggs Inc. Clamming regulations for April 2000 to April 2001 were tentatively approved with no changes from last year subject to Chairman Machiros' review and signature. Selectman Adams abstained. Dave Reilly, Principal of Triton High School and Krystine Hetel-Blankenship of the Northeast Regional Tobacco Education Collaborative addressed the Board regarding tobacco control. Mr. Reilly presented the new tobacco control & smoking policy with a non-criminal method of disposition for Triton High which was recently passed by the School Committee. This policy must now be adopted by the town and Board of Health prior to implementation, he stated. Selectman Tevald said he could see no reason why the Board would not agree to this policy and advised that they would review the information with Counsel and consider it for approval at their next meeting. Krystine Hetel-Blankenship discussed her community smoking education proposal and possible funding available. Once the school regulations are passed, retailer education will begin immediately, she noted. Second hand smoke (restaurants and work sites) would then have to be addressed by the Town. NRTEC would be willing to visit the restaurants in town and speak to them about the smoke free policy. She stated they would visit these sites and return on the 25 h with her report. 91 The Sicards of 50 Street again appeared before the Board looking for relief from the telephone pole on 50. Selectman Tevald stated he would contact the Highway Superintendent and see what can be done. The following warrants were signed by the Selectmen: W, December 28, 1999 W26;. $23,476.73 PW26 :, 30,967.14 January 4, 2000 W2711..,:;",; 45,721.09 i PW27 34 165.43 The meeting was adjourned at 8:40 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING FEBRUARY 8, 2000 The meeting was opened by Clerk Joseph S. Tevald at 7:40 p.m. Selectman Alan I. Adams was present. The legal notice for a liquor license hearing for John Reilly d/b/a J.R.'s 19`"Hole at Ould Newbury Golf Club was read by Selectmen Tevald and the hearing was declared open. Mr. Reilly stated he was manager and operator of the concession at the club and had operated this concession for 19 years. He was applying for an all alcohol license for this concession. Chief Metry stated that he had experienced no problems at the golf club. Selectman Tevald questioned the operating hours. Mr. Reilly stated they were open seven days a week. Most evenings the club is closed by 10 p.m. but occasionally a function will run until midnight. Closing time was set for 12 midnight. Abutter Stanley Spyrka asked if they would be having a band on a regular basis. Selectman Tevald noted that a band is not related to the liquor license but the club would need special permission on an individual basis to have entertainment. Mr. Spyrka stated he had no problem with the license but would like to be advised when bands are scheduled. The Selectmen asked Mr. Spyrka to advise them if any problems should arise. Selectman Adams moved to ! . # close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was reopened and Selectman°Adams moved to grant the liquor license to 19 'dole subject to,.ABCC appro.-alll, seconded by Selectman Tevald. A one day special ermit was a rove or Protection'Fire Co. #2 for February 10� from : . Y P P PP rY , 4 p.m. to 10 p.m. The fee was waived The Board approved a request from the Parker River Clean Water Association for use of the Lower Green on May 27'h and 2e (rain date May 2SP) for their annual Parker River Festival. Permission was also granted for a banner on the Upper and Lower Greens for the week preceding the festival. Licenses were reviewed and renewed for the Byfield Flower Shoppe and Newbury Gallery. The following warrants were signed by the Selectmen: January 11, 2000 W28 $209,144.08 PW28 39,139.54 January 18, 2000 W29 436,552.64 PW29 39,082.33 January 25, 2000 W30 69,504.93 PW30 38,983.71 February 1, 2000 W31 44,953.63 PW31 33,605.15 The meeting was adjourned at 8 p.m. Respectfully submitted,Kathleen Sirois, Secretary February 23, 2000 Mr. Angie Machiros, Chairman Board of Selectmen, Town of Newbury Town Hall 25 High Road Newbury, MA 01951 Dear Sirs: The Open Space Committee understands that the Selectmen are pursuing the purchase of the MacKay property on Kent Way for athletic fields. As you know, we have investigated the availability of appropriate land for athletic fields as a part of drafting the town's-0pen Space Plan. We wish to express our support for your efforts to acquire the MacKay property. Its location, topography and availability at a reasonable price make this an ideal acquisition`for new, much needed athletic fields. Please contact the committee if we may be of assistance with this matter. Respectfully, The Open Space Committee of the Newbury Planning Board SELECTMEN'S MEETING FEBRUARY 22, 2000 Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was present. The Board advised Principal Reilly that Counsel had approved the"smoking policy" for Triton and an article-would be drafted for the Annual Town Meeting. Mr. Reilly will provide the Board with a list of suggested appointees to enforce the policy after approval at town meeting. Construction of the Newman Road Bridge will begin on February 23 and continue until mid July according,to.a,letter from.SPS_New England.Inc. A request for a boot drive at the traffic light on High Road on April 24 and/or May 27 for Viking Gradventure which promotes a substance free celebration for the graduating class was approved subject to a meeting with Chief Merry. Carol Larocque was nominated as Animal Inspector and her nomination will be submitted to the Bureau of Animal Health for-verification. Donald Bade and Julia Clay of the Parker River.Clean Water Assoc. addressed the Board regarding a recent meeting held in Gloucester by the Secretary of Environmental Affairs to discuss the Community Preservation Act. This act would,put into effect a 3% surcharge on real estate sales to fund environmental protection issues if passed. Mr. Bade advised that they would monitor the progress of this act.and keep the town informed.. A new license for Linda Gamache d/b/a Sadie's for Hair at 2 Fruit Street was approved. The following warrants were reviewed and signed by the Selectmen: February 8, 2000 W32 $132,007.67 PW32 42,909.06 February 15, 2000 W33 429,153.09 PW33 31,509.76 The warrant for the Presidential Primary Election on March 7 h was called and signed by the Selectmen. The meeting was adjourned at 8,10 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MARCH 14, 2000 Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present: A request from Cub.$cout Pack#44for use of Handtub_Lanefor.abottle and can drive on April 8 h from 9 a.m. to 12 noon was approved as*moved by Selectman Adams and seconded by Selectman Tevald. A request from Gospel Hall for use of the Byfield Town Hall for their Annual Bible Conference on May:27t' and 28a'was approved as moved by Selectman Adams and seconded by Selectman Tevald. A new installers license was granted for Richard'Brockelbank& Son Inc. of Ipswich. �l A request for use of the Upper Green ball field on Monday and Wednesday evenings April thru August from Mr. Moe's Softball Team was approved with-the stipulation that some times may have to be relinquished if needed by Little League or other children's leagues. Also approved with the same stipulation was a request from the Old Newbury Clammers Softball Team for use of the Upper Green on Tuesday and Thursday evenings April thru August. , Licenses were reviewed and renewed for Sunee Goodman d/b/a Rosemary and Thyme and Katherine&Robert Carleton d/b/a Parker River Enterprises. New licenses were approved for Sandra Leonard d/b/a Leonard's Parking Lot(formerly Villane's Parking), Bill Parker d/b/a Goodall & Sons Tractor Co. Inc. at 100 Newburyport Turnpike and Kym Jarvis d/b/a Kyms Romp &Roll Doggie Playground. The doggie playground was approved pending.inspection and approval of the.location by the ACO. Board of Health inspection will also be conducted. At 7:45 p.m. the legal notice for a hearing on the lay out of Austin Lane was read. The Planning Board recommended acceptance of Austin Lane in accordance with the subdivision rues and regulations. Approval of the road was also documented by the Highway Superintendent, Tim Leonard. After a brief discussion the hearing was closed and the matter taken under advisement. The hearing was reopened and it was moved by Selectman Tevald to place an article on the ATM warrant for acceptance of Austin Lane as a public way. Betty Collins of the Planning Board addressed the Board regarding a petition article submitted for the ATM warrant for the purchase of approx. 47 acres of land on Central Street owned by Warren Manter. Ms. Collins stated that the purchase of this land is supported by the Planning Board while it is known that it is not supported by the Selectmen. "I beg to differ with that statement", said Chairman Machiros but I have a letter here from the Open Space Committee of the Planning Board supporting the purchase of the Mackay property and making no mention of the Manter property. (see copy attached) Bruce Saunders of the Planning Board noted that the petition was from a group of citizens and not the Planning Board but it was not unusual that Planning Board be given to both properties. At 8 p.m. the legal notice for a hearing on the lay out of Courtney Drive was read. The Planning Board recommended acceptance of Courtney Drive in accordance with the subdivision rules and regulations. Approval of the road was also documented by. Highway Superintendent Tim Leonard. Questions from the residents were answered by Bruce Saunders. One problem with the removal of fallen trees from a center circle is still to be addressed. Mr. Saunders stated that a sum of money would be withheld as a contingency and Mr. Hill would be asked to complete this project prior to town meeting. Hearing no further questions the hearing was closed and the matter taken under advisement. The hearing was reopened and it was moved by Selectman Adams and seconded by Selectman Tevald to place an article on the ATM warrant to accept Courtney Drive as a public way. A check in the amount of$1,144.50 was accepted as the annual franchise fee from Media One. A request from the Plum Island Grille to change the serving hours on their beer and wine license was continued to the next meeting so that a representative can be present to explain exactly what their needs are. Byfield Day 2000 will be held this year on June 17''. Schedules will be forthcoming. The following warrants were signed by the Selectmen: March 14, 2000 W37 $600,050.98 PW37 31,138.64 March 21, 2000 W38 21,717.04 Pw38 33,233.56 The meeting was adjourned at 8:20 p.m. Respectfully submitted, Kathleen Sirois, Secretary 11.sW SELECTMEN'S MEETING MARCH 28, 2000 Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The legal notice for a hearing on the application of Plum Island Grille, 2 Plum Island Boulevard for an all alcohol license was read by Chairman Machiros. Appearing in favor-Mark Friery and Kevin Desmaris. Appearing in opposition—no one. Mr. Friery of P.I. Grille requested that if license was approved they would also like to extend their serving hours to 11 p.m. daily. Chief Merry stated that there had been no reported problems at this site and it was a good operation. Due to a mix up with the Daily News advertisement,the Board noted that they would have to continue the hearing for a final decision until the next meeting on April 11"'. They agreed that an 11 p.m. closing time was reasonable and advised that they would look favorably on the application on the 11t'. A request from S.P.N.E.A. to hang a banner on the Upper Green backstop to advertise their Draft Horse Plowing Match was approved. 6 Chairman Machiros advised that the purchase of the Mackay property for playing fields will be pursued at Town Meeting and draft plans had been drawn and are available for review at Town Hall and the Library. This Board was notified Monday by CSI that in their opinion the new field at the library will not be ready for play this season. Selectman Tevald will investigate the ability of emergency vehicles to gain access to the Mackay land which abuts this new field. One positive point, he noted, was that the monies required for this proposed purchase were within the fiscal restraints of the budget and should not be a fiscal burden on the community. It was moved by Selectman Adams, seconded by Selectman Tevald and voted unanimously to pursue the operation of the landfill, continue mining and lining and take any action necessary to protect the integrity of the Parker River. A request for use of the Byfield Town Hall by the Community Arts Center Committee on May e from 7 to 11 p.m. was approved. Chairman Machiros advised that he had met with representatives of S.P.N.E.A. regarding the Plum Island Airport. He asked if the town's litigation had any bearing on their decision not to renew the lease there and was told it had not. He reported that he recommended that the airport be retained as a matter of safety, especially for emergency situation. We stated our opinion and the meeting was cordial, but their final decision remains an unknown, he stated. ACO Carol Larocque addressed dogs on the beach at Plum Island and the pooper scooper law. She asked for additional help patrolling this summer to enforce this regulation. Early mornings and evenings seem to be the worse time when lifeguards are off duty. Patrols will be spread out this year to try to assist the ACO. Mock Town Meeting is scheduled for Thursday, April 13t' at the•Byfield Town Hall at 7:30 p.m., sponsored by the Grange. A license was renewed for Tracy Vynorius d/b/a Olde town Tack. A letter was introduced from COA requesting the Town consider the rehab of the Woodbridge School for use by the elders. They cited the need for larger quarters, parking access, bathroom facilities and the need for office space. A feasibility study was proposed to investigate the renovation for use by the Council on Aging. Chairman Machiros noted that good`start for the coming year would be to paint the school and remove the chain link fencing. We can form a small committee to work on this project, he stated. Kym's Doggie Romp &Roll was approved�y the ACO apd> ward of Health will schedule an inspection prior to their-opening. Selectman Adams commended the Fire and Police departments for t�Q WK� J�e recent fire_at_Riverfront Marina on the Parker:River. Chairman Machiros expressed the Board's continued support of the Police departments fine work with "drug task force and stated that the Town stands committed to this project. The following warrants were signed by the Selectmen: March 14, 2000 W37 $600,050.98 PW37 31,138.64 March 21, 2000 W38 21,717.04 PW38 33,233.56 The meeting was adjourned at 8:30 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING APRIL 11, 2000 Chairman Machiros opened the meeting at 7:50 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The legal notice for a public hearing on the application of Plum Island Grille for an all alcohol license was read by Chairman Machiros and the hearing was reopened as moved by Selectman Adams and seconded by Selectman Tevald. Appearing in favor: Mark Friary and Kevin Desmaris. Appearing in opposition: no one. This being a continuation of the March 281h hearing and testimony having been given at that time, Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was reopened and it was moved by Selectman Adams to approve the application for an annual "all alcohol"restaurant license, seconded by Selectman Tevald and voted unanimously. This license subject to an 11 p.m. closing time and approval by ABCC. A request from the Open Space and Recreation Committee to place a sandwich board on the Upper Green to advertise their april I meeting was approved by the Board. The Selectmen agreed to move forward on the purchase of the Mackay property in Byfield. To this end, Chairman Machiros noted the GDA has agreed to help the Little League with some of their field scheduling problems. Don Blain of the Little League is to contact Athletic Director Rebecca McLean to work out arrangements. Two one-day special permits for the sale of alcoholic beverages were approved for Protection Fire Co. #2 for April 15'' and April 19a' from 5-11 p.m. The fees were waived. A new installers license was issued to Richard Nunan Construction of Georgetown. A new license was approved for John M. Reeves d/b/a Reeves Automation at 19 Central Street. Mr. Reeves explained he would be working on small system integration for automatic assembly equipment/robotics. He would be renting approximately 750 sq/4,there was no noise factor involved and he was a one man operation. A one day special permit for the sale of alcoholic beverages was issued to Governor Dummer Academy for a reunion on June 10'' from noon to midnight. The warrant for the Annual Town Meeting to be held on April 25`h was reviewed and signed by the Selectmen and will be posted by a constable. A letter from Elizabeth Szymanski of P1umIsland regarding the use of the land donated to the town by Fr. John Sears was read by Chairman Machiros. The thanked Ms.Szymanski for her interest and suggested a meeting with her. Neighborhood input will be very important to this area, he said. Selectmen's Meeting (cont'd) April 11, 2000 Chairman Machiros reported that Title V problems in the Montgomery Park area have led to discussions with Newburyport Sewer and Water Department. They are willing to allow these homes to hook into the sewage system. A meeting will be set up with Brendan O'Reagan of the Newburyport Sewer Department and Montgomery Park residents to discuss costs and develop a plan. Chairman Machiros advised that SPNEA had agreed to take another 16ok and continue dialog on the Plum Island Airport. The following warrants were signed by the Selectmen: March 21, 2000 W38 $21,717.04 PW38 33,233.56 March 28, 2000 W39 28,330.53 PW39 32,686.91 April 4, 2000 W40 35,501.43 PW40 34,928.92 The meeting was adjourned at 8:35 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MAY 23, 2000 Clerk Joseph S. Tevald opened the meeting at 7:35 p.m. Selectman Alan I. Adams was present. A license for Jessica& Jean Brown d/b/a Up-Country Collectibles at 275 High Road for the sale of gifts, art, antiques and second hand articles was approved by the Selectmen. Licenses for Robert Rogers d/b/a Twelve Rogers Lane Antiques at 12 Rogers Lane, to buy and sell antiques and second hand articles and Candy L. Way Foster of 46 Cottage Road for an art studio/gallery and gifts were taken under advisement until Brownie Taylor certifies that these are permitted uses at these locations. A neA 4istaller's license was issued to Fitzgerald Construction and Landscape of Essex as movlectman Adams and seconded by Selectman Tevald. Mr. Fitzgerald is also licensed in t ypof Essex. A,ikppst for the use of the Byfield Town Hall on June 4 h from 2-5 p.m. by Pine Island Music Resource for a recital was approved by the Selectmen pending the completion of a release and in4emnity agreement which will be forwarded to Pine Island Music for signatures prior to the 41'. As recommended by Chief Merry,the following persons were appointed as lifeguards for the 2000 summer season: Head guard—Andrew Bernier Full time guards—Darcia Britner, Peter Saradjain, Kristine Hambrech, Caitlyn Williams, Andrew Cote', Jennifer Bernier, Michael Biscardi and Jodie Morse. A license transfer was approved from Walton's Auto Lab to Mike Allen d/b/a Internal Combustion ast 78 Hanover Street. Bob Walton and Mike Allen were in attendance. A request for a one-day special permit for the sale of alcoholic beverages for David Greco, manager of the Starboard Galley Restaurant in Newburyport for a wedding reception at the barn 47 Selectmen's Meeting (cont'd) May 23, 2000 at 2 High Tail Acres on August ISP from 6-11 p.m. was approved. Mr. Greco will forward a copy of liability insurance for this day. Elizabeth Szymanski addressed the Board regarding Fr. Sears property at 51 Sunset Drive. She presented drawings showing a proposed small park with swings and plantings to create a wildlife habitat. Selectman Tevald suggested she try to get a committee together who would like to be involved and look into the costs of advancing her ideas. A small group of citizens appeared before the Board with suggestions about the status of reported problems at the landfill, security and funding suggestions. Selectman Tevald advised they would be kept informed on the issued that are not under litigation and the security issues would be addressed with DEP and the Highway Department. The following warrants were signed by the Selectmen: April 11, 2000 W41 $383,374.88 PW41 44,093.21 April 18, 2000 W42 443,120.65 PW42 33,279.60 April 25, 2000 W43 35,663.73 PW43 35,020.86 May 2, 2000 W44 57,143.49 PW44 40,998.15 May 9, 2000 W45 600,986.59 PW45 36,772.82 May 16, 2000 W46 57,066.45 PW46 33,689.22 The meeting was adjourned at 9 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 13, 2000 Chairman Machiros opened the meeting at 7:35 p.m. Selectman Alan I. Adams was present. The minutes of the May 23ra meeting were taken under advisement due to Selectman Tevald's absence. Chairman Machiros invited Town Counsel to address questions and concerns about the landfill. Mr. Lagoulis advised that DEP was investigating anonymous complaints and the town is presently in negotiations with DEP to reach a resolve. Little else can be said at this time and we don't know how long it will take to resolve these matters, he said. Mr. Lagoulis fielded a few �ns from the residents and some residents praised the recent clean up efforts at the landfill ar� ounding area. The Selectmen were advised by Counsel not to publicly address these OVP M until resolved with DEP. Elizabeth Szymanski again appeared before the Board with an estimate for landscaping Fr. Sears property. She noted that approximately $9,000 would be needed for plantings. Asked if she had spoken with the neighbors, she stated she had and they were agreeable to the project but did not want lights, a parking lot or a basketball court there. Chairman Machiros suggested she and Tim Leonard do a site assessment and then meet again with the Selectmen to see what can be accomplished this year to bring this project on line. 9 F Selectmen's Meeting (cont'd) June 13, 2000 At 7:45 p.m. the legal notice for a public hearing on a septic variance for Fernandez, 6A Larkin Road, Byfield was read by Chairman Machiros. Attorney John Keilty appeared before the Board on behalf of the Fernandez family: He stated they were seeking a variance from the provisions of 310 CMR 15.102(2) (deep observation hole test), as it pertains to the premises at 6A Larkin Road. The Fernandez family specifically request relief from the requirement to dig two deep test holes within the soil absorption system to allow the test holes to be dug adjacent to the soil absorption system area. Health agent, Joe Tevald has approved this variance, but a public hearing with notice to abutters in accordance with the provisions of 310 CMR 15.411 was required for compliance. Selectman Tevald issued a letter to Mrs. Fernandez stating the Board of Health accepted the results of the two soil evaluation pits dug to the south and west of the existing SAS as these results agree with the previous tests pits done on this property. Appearing in favor: Michelle Fernandez, Grace Dehetre, and Bill Pearson. Appearing in opposition: no one. The hearing was closed as moved by Selectman Adams and seconded by Chairman Machiros and the matter taken under advisement. The hearing was reopened and Selectman Adams moved to grant the variance based on Mr. Tevald's approval and DEP recommendations, seconded by Chairman Machiros. The required forms will be forwarded to DEP for final approval. The warrant for a Special Town Meeting on June 27th at 7 p.m. at the Newbury Elementary School was signed by the Selectmen and will be posted by Constable Cunningham. A special election was also called for July 18th to vote on funding the purchase of the Manter property, if approved at the meeting of the 27th. On the recommendation of Chief Merry; Gary Corbett,David Murphy and Michael Frayler were appointed to the reserve office list until June 30, 2001. On the recommendation of Harbormaster Don Rowell, appointments were approved for Don Rowell, Harbormaster;Robert Bishop, Deputy Harbormaster, Adam Settipane and Michael Burke, Assistants; Glenn Gavin, Russell Stiles and Andrew Avelis Jr., Reserve and Andrew Avelis Sr., Deputy Emiritus. A request for use of the Byfield Town Hall by the Newbury Town Library for a children's program on June 28th from 2-5 p.m. was approved. A request for a one-day entertainment license for a private wedding at the Plum Island Grille on July 17th from 6-9 p.m. was approved. It was noted that the Summer Recreation Program sign-up was scheduled for Saturday, June 17th from 9 a.m. to 12 noon. A confirmatory deed was signed for#7 6th St. to clear a title. The original deed had incorrectly been signed by the Treasurer in 1972. The Board voted not to exercise their option to buy approx. 140 acres of the Caldwell property on Elm Street which will be released from Chapter 61A. No one in attendance expressed interest in purchasing this property on behalf of the Town. A general business license was approved for Head Tyrolia Wintersports of Columbia, MD at 12 Kent Way in Byfield. The following warrants were signed by the Selectmen: May 23, 2000 W47 $ 59,120.45 PW47 34,812.86 May 30, 2000 W48 48,424.60 PW48 35,934.84 June 6, 2000 W49 1,013,289.98 PW49 46,612.71 `r Selectmen's Meeting (cont'd) June 13, 2000 The meeting was adjourned at 8:45 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 11, 2000 Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was present. The minutes of the May 23rd,meeting were read and approved. The minutes of the June 13t' meeting were read and taken under advisement for review by Chairman Machiros. The Board approved a letter of request calling for a special election to be held on Saturday, August 19d'for the bonding of Newbury's share of the water/sewer line to Plum Bush and Plum Island. This will be filed with the Town Clerk and a special town meeting will also be scheduled. A request was approv,eA from Protection Fire Co. #2 allowing them to fire a starter cannon on August 19''to commemorate Mr. Robert Stein. The Board acknowledged receipt of the Refuge Revenue Sharing check in the amount of$91,629 for fiscal year 1999. A request for a one-day special permit for the sale of alcoholic beverages for Protection Fire Co. #2 on August 19d'from 12 to 8 p.m. was approved. The fee Iwas waived. A letter from Jesse Hochmuth and Eric Riese regarding the possibility of a youth center in Byfield was read, acknowledged and taken under advisement. It was noted that the location they suggested had been tried at least twice before and adamantly shot down by the neighbors and local residents. Selectman Tevald noted that the Board would be happy to discuss their suggestions further if they wished to come to a meeting. Selectman Tevald advised that due to the Special Election on July-18th the regularly scheduled Conservation Commission meeting would be held on Monday, July 17'�`. On the recommendation of Chief Merry, Christopher Ranft and.Scarlette Mello were appointed as part time lifeguards. Selectmen Tevald reported the following Board of Health activities the month of-June: Septic inspections— 10;well inspections- 1;total perc te4s-14 including 9 repairs, 3 new and 2 reperes, 2 of the new properties failed to perc; complaints investigated— 1 septic problem at 79 Northern Blvd. and 1 complaint against a landlord at 32 Old Point Rd. (both problems were investigated and resolved); 8 plans were reviewed and approved as submitted for the following properties: 12 Parker River Dr., 61 Central St., 70 Green St., Lot 2& 3 Long Viewune, 29 Pearson Dr.,27 Newbury Neck Rd., 42 High Rd. The following warrants were signed by the Selectmen: June 13, 2000 W50 $696,500.50 PW50 36,445.78 June 20, 2000 W51 63,712.08 PW51 35,529.62 June 27, 2000 W52 39,779.06 101 Selectmen's Meeting (cont'd) July 11, 2000 June 27, 2000 PW52 $ 44,210.06 June 30, 2000 W53 43,351.48 W54 40,611.76 July 5, 2000 W1 1,716.69 PW 1 44,779.45 The meeting was adjourned at 8:10 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 25, 2000 Chairman Machiros opened the meeting at 7:35 p.m. Selectman Adams was present. The following warrants were signed by the Selectmen: July 11, 2000 W2 $268,228.43 PW2 57,864.57 July 18, 2000 W3 488,633.69 PW3 44,224.57 The warrant for the August a Special Town Meeting was reviewed and signed and will be- posted by Constable Cunningham. Chairman Machiros urged all residents to attend this meeting. On.the recommendation of Chief Merry, appointments for full time and reserve officers were reviewed and approved. On the recommendation of Harbormaster Don Rowell appointments were approved for Richard Olsen and Robert Watson. At 7:40 p.m. it was moved and seconded to close the meeting due to a medical problem with Selectman Adams. Chief Merry was instructed to insure Selectman Adams reached home safely. Respectfully submitted, KathleenSircis, Secretary SELECTMEN'S MEETING AUGUST 22, 2000 Chairman Machiros opened the meeting at 7:40 p.m. Selectman Joseph S. Tevald was present. The warrant for the state primary election to be held on September ISP was reviewed and signed by the Selectmen. A request from the Society for the Preservation of New England Antiquities to hang a banner at the Upper.Green to advertise the Family Harvest Festival at the Spencer-Peirce-Little Farm was approved. A request from the North Shore Cyclists for use of the Upper Green on Saturday and Sunday, August 2e& 27t' for a rest stop on their 50 mile trek was approved. 103 Selectmen's Meeting (cont'd) August 22, 2000 All appointments were held over for Selectman Adams return. Appointments are valid until reappointment or removal. A request for a one-day entertainment license from Atty May's Beachcomber for a private party with acoustic folk music on Sunday September 3rd was approved tentative to the abutters and Chief Merry's approval. Selectman Machiros briefly reviewed recent DEP negotiations regarding the town landfill and Title V. Chairman Machiros noted he was happy with the resolve reached with DEP and felt that the state's recommendations will help make the landfill operate more expeditiously. He thanked the Commonwealth for their support and welcomed their expertise. He apologized to the citizens of Newbury for any inconvenience and delays these negotiations may have caused. He praised the Highway Department for their clean-up efforts and work at the landfill. Selectman Tevald stated he was also pleased with the agreement. He moved to have Chairman Machiros continue with any and all actions necessary to address the continuation of the landfill and compliance with Title V. The following warrants were signed by the Selectmen: July 25, 2000 1 W4 $ 87,306.67 PW4 42,343.90 August:j, 2000 W5 74, 652.97 PW5 40,925.63 August 8, 2000 W6 674,385.23 PW6 45,740.92 August 15, 2000 W7 649,979.24 PW7 47,202.58 The meeting was adjourned at 7:55 p.m. Respectfully submitted, Kathleen Simi-s,,$ecretary SELECTMEN'S MEETING SEPTEMBER 12, 2000 Chairman Machiros opened the meeting at 7:40,p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. Chairman Machiros welcomed Selectman Adams back, seconded by Selectman Tevald. Selectman Adams thanked everyone for their well wishes, cards and prayers sent to him in the hospital. It was moved by Selectman Adams and seconded by Selectman Tevald to allow Chairman Machiros to seek the employment of Camp, Dresser&McKee to replace Port Engineering as per agreement with DEP and to take any actions necessary to address the continuation of the landfill. Appointments for FY2001 were accepted as submitted, as moved by Selectman Adams and seconded by Selectman Tevald, and are on file in the Selectmen's Office. Richard 105 Selectmen's Meeting (cont'd) September 12, 2000 Cunningham's appointment to the Historic Commission was taken under advisement with a vote of no action at this time. It was noted that Richard Passeri had agreed to head a committee for the Manter/Mackay fields and would like to have members from all sports groups and the open space committee to work as part of this important committee. Betty Bear Collins, Dick Bazirgan, and Joan Weyburn have volunteered to work with Dick to get things started. Doug Packer will work on wetland issues and with the open space people who may appoint their own subcommittees i?they wish. A request for use of the Byfield Town Hall on Mondays from 3-6 p.m. by Cub Scout Pack 44, Den 1 was approved by the Selectmen. A tag day event for the purpose of raising funds for Triton Youth Hockey was approved for September 28t'thru October 1". A request from the Bay Circuit Trail Committee to place a sign on Plum Island Beach denoting it as the northern terminus of this 200 mile-long trail was approved by the Selectmen. The Board reviewed a revised sanitary disposal system design plan for Flanagan, 20 Scotland Heights and approved the plan as submitted with one local upgrade variance (310 CMR 15.404, 15.405) for groundwater separation from 4' to 3' (310 CMR 15.212) as moved by Selectman Adams and seconded by Chairman Machiros. Joe Tevald reported as health agent that he had performed three routine repair/upgrade perc tests for this month. No work has been done on the Island pending DEP clarification. He also completed the school inspections for opening day and the inspection at Harbor Schools. Food establishment inspections were completed at Mad Martha's, Atty May's, Dick's Variety and the Plum Island Grille. The agent's report was accepted as moved by Selectman Adams and seconded by Chairman Machiros. A pole hearing for Mass Electric was set for the next meeting 9/28-at 7:45 p.m. r Chairman Machiros advised that a 21E perimeter investigation was in the process of being completed at the Manter and Mackay fields. It was noted that football is being played on the Manter field with the permission of Warren Manter. When the field is purchased by the Town, a schedule will have to be developed to prevent overlapping of games on the fields. An active committee will be needed to support the fields with raffles, cook-outs and fund raisers when the initial development is completed by the Town. It was moved and seconded to allow Chairman Machrios to take any and all actions necessary to further the development of both these properties and to incorporate both fields under one committee which will be chaired by Richard Passeri. The following warrants were signed by the Selectmen: August 22, 2000 W8 $60,726.45 PW8 39,939.26 August 29, 2000 W9 38,747.73 PW9 38,528.09 September 5, 2000 W10 376,850.29 PW10 35,099.81 The meeting was adjourned at 8:15 p.m. Respectfully submitted, Kathleen Sirois, Secretary 107 SELECTMEN'S MEETING SEPTEMBER 26, 2000 Clerk Joseph S. Tevald opened the meeting at 7:35 p.m. Selectman Alan I. Adams was present. A one-day special permit for the sale of alcoholic beverages was approved for Gregg Pugh on behalf of the Cancer Society for a benefit at PITA Hall to be held October 28 ' from 7:30 p.m. to 12:45 a.m. An insurance binder must be provided prior to issuance of this permit. A request from United Utility Corp. (AT&T Broadband) to open and excavate Central Street at Parker River Drive for the installation of underground cables was granted subject to approval by Highway Superintendent Tim Leonard. A new dog grooming license was approved for Letitia Dort d/b/a Water Dog at 161 High Road. The resignation of Fred Hunt effective the end of the year was accepted with deep regret. A request for use of the Byfield Town Hall on October 6 h from 10 a.m. to 12 noon by Cub Scout Den 1 Pack 44 was approved. Under Chapter 61 A,the Board agreed to release their option to purchase 6 acres at 42 Low Street (Assessors Map R33-20 & 20A), owner of record Michael Apostolos, as moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance showed interest in the purchase of this property on behalf of the Town. At 7:45 p.m. the legal notice for a pole hearing, plan#659 dated 8/28/00 was read by Selectman Tevald and the hearing was declared open. David Boucher representing Mass Electric Company stated they wished to place a new pole 8/84-1 in front of 175 Elm Street for service and remove the existing pole across the street. Appearing in favor: Mr. Boucher. Appearing in opposition: no one. The hearing was closed and the matter taken under advisement. The hearing was reopened and the application for the relocation of the pole was granted as presented as moved by Selectman Adams and seconded by Selectman Tevald. In conjunction with Newburyport an"Enforceable Schedule for Compliance with Title V and Easement for Sewer& Water Connection" for buyer and sellers of pfivperty on Plum Island was approved by the Board. The Selectmen noted that hundreds of hours were spent by Selectman Machiros, Mayor Mead and DEP to bring this document to the people to help in the transition of sales on the Island and a great deal ef credit should be given to the Mayor and Angie for their efforts. On the recommendation of Chief Merry, Gary Corbett was appointed as a fulltime officer of the Police Department and Christopher Dort was appointed as a reserve officer, as moved by Selectman Adams and seconded by Selectman Tevald. John Romano was appointed Assistant Health Agent to work with the Board of Health on a contingency basis to help with the transitional program on Plum Island and the extra work load laid out by DEP. Mr. Romano is a state certified soil evaluator and Title V inspector. Selectman Tevald advised that the Board had received DEP's formal approval for the local upgrade presented at the last meeting for Flanagan at 20 Scotland Heights. It was moved by Selectman Tevald and seconded by Selectman Adams to accept the Flanagan septic plans as submitted to DEP. 109 Selectmen's Meeting (cont'd) September 26, 2000 The board acknowledged the receipt of Newbury's Open Space and Recreation Plan for 2000. They commended the Open Space Committee and the Planning Board for a job well done, recognizing the countless hours devoted to bringing this plan to completion. Several concerned citizens questioned the Board about problems at the landfill. Their prepared list of questions ran the gamut from the possibility of'suits against Pearson and/or Port Engineering, an accounting of monies spent at the landfill, the hiring of CDM, trash collection on Plum Island, contaminated soil, DEP complaints against the Town and the effectiveness of recycling. Selectman Tevald noted that these were all good point, however most of what was questioned is still in the hands of DEP. Accounting of monies would have to be requested from the Treasurer and Accountant and he would try to obtain this information for them for future inquiries. The following warrants were signed by the Selectmen: September 12, 2000 Wl l $526,326.14 PWl 1 43,765.79 September 19, 2000 W12 40,650.12 PW12 39,750.67 The meeting was adjourned at 9:05 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING OCTOBER 10, 2000 The meeting was called to order at 7:40 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were reviewed and signed-by the Selectmen: September 26, 2000 W13 $264,620.49 PW13 41,467.95 October 3, 2000 W14 224,505.40 PW14 32,314.81 The Board reviewed plan#200642 dated 9/6/2000 drawn for Diane Reukaup of 13 Withington Street,Newbury for a proposed local upgrade of the existing septic system with one local upgrade requested in accordance with 310 CMR 15.4051(i) for groundwater separation between the bed bottom and groundwater table from the required 5' to 4'. After review and discussion it was moved and seconded to grant the variance as presented-under local upgrade guidelines. At 7:45 p.m. the legal notice for the Doyle hearing was read and the hearing was opened. The Board reviewed plan#200704 dated 9/20/00 for the proposed local upgrade of the existing septic system at 6 Morgan Avenue,Newbury. The plan requires two local upgrade requests 1.)to reduce the property line.setback from 10' to 5' for the septic tank (310 CMR 15.405 1(a) and 2.) 310 CMR 15.405 1(I)to reduce the required 5' separation between the bed bottom and the groundwater table to 4' due to extreme lot constraints. Appearing in opposition: no one. Appearing in favor: Michael and Leslie Doyle, 6 Morgan Avenue; Dale Sherman(tenant) 4 Morgan Avenue and John Callahan, 8 Morgan Avenue. After a brief discussion, it was moved to close the hearing and take the matter under advisement. The hearing was reopened and it was moved and seconded to grant the variances as presented, subject to filing with DEP. The hearing was closed at 7:55 p.m. Selectmen's Meeting (cont'd) October 10, 2000 Under Chapter 61A,the Board agreed to release their option to purchase 5 '/2 acres owned by Richard & Bethany Allen at 97 High Road, Newbury(Assessors Map R48-44). No one in attendance showed interest in the purchase of this property on behalf of the Town. A request for a hearing for a kennel license for Kozazcki, 41 Parker Street,Newbury was taken under advisement and will be scheduled for another time. A report from the Northeast Regional Tobacco Education Collaborative on the sale of tobacco products to minors showed a compliance rate of 89% with nine stores checked and one sale to a.minor. Appropriate notification has been given to the non-complian6 store. No fines are issued for a first offense. A request from the local Cub Scout Den to place a returnable bottle/can collection container at the landfill on a permanent basis was approved by the Board. All proceeds will go to the Scouts and they will assume responsibility for overseeing their collection container. A request from the Byfield Day Committee for use of the Byfield Town Hall on October 21s` for a benefit dance from 7-11 p.m. was approved by the Board. A new installers license for John Chongris of Andover, MA for a one time installation was taken under advisement until his credentials in other licensed towns can be checked and review of the proposed septic plans is completed. The Historical Commission advised that the case containing weight &measures artifacts now housed at the Old School House on the Lower Green will be on permanent display at the new library building. The Board applauded the Commission's initiative in finding a more suitable habitat for these articles. A request from Cub Scout Pack 44 for use of the Upper Green(Handtub Lane area) for their annual fall bottle/can and used eyeglass drive on November 0 from 9 a.m. to 12 noon was approved. A permit from Essex County Gas Co. to open and excavate 45 Main Street, Byfield for a gas service was granted subject to Highway Superintendent Tim Leonard's approval. An installers permit was renewed for Thomas Goodwin d/b/a Goodwin Homes Inc. of West Newbury. A permit was approved for Michael Strout to hold Halloween attraction at the Firemens Memorial Hall from October 19th thru October 31". Leslie Doyle, an abutter advised that most of their concerns had been addressed at a recent Fire Board meeting. They were, however, concerned about parking on Morgan Avenue. Selectman Tevald stated that temporary"no parking" signs will be posted on the even side of Morgan Avenue. He also noted that Mike Strout had been most cooperative with the Board and the Police in organizing this event. Steven Smith of Plum Island inquired about"rights of way"to the ocean. Selectman Tevald advised that they are very difficult to monitor and it is a zoning enforcement issue. If an encroachment is brought to our attention, we will try to address it. Mr. Smith also mentioned parking on Northern Blvd. He noted that people pull of the road onto the grass thinking they are helping and damage the area by doing so. Chief Merry advised that a concentrated effort would be made to warn the offenders, but where there is no definitive boundary it is very difficult to patrol. a Their being no other new or old business, the meeting was adjourned at 8:30 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING NOVEMBER 14, 2000 The meeting was called to order at 7:35 p.m. by Clerk Joseph S. Tevald. Selectman Alan I. Adams was present. A request from Essex County Gas Co. to open and excavate 129 Main Street for a gas service was granted subject to Highway Superintendent Tim Leonard's approval. The Board reviewed a Chapter 61A option to purchase three lots owned by William Hurley at 255 High Road. It was moved and seconded to take the notice under advisement for further review. The Open Space Committee and Planning Board sent notification that they had no interest in this land at this time. A hearing date was set for Taber, 31 Sunset Drive for a"special permit"to operate a bed &breakfast out of their home. A mortgage discharge was signed by the Selectmen for a paid septic loan for Daniel and Margaret Stone. A request for use of the Byfield Town Hall on January 131h from 8:30 a.m. to 12:30 p.m. by the local Cub Scouts and boy Scouts was approved. A request for use of the Byfield Town Hall for a Christmas show sponsored by the Yellow School Center for the Arts from December 8 to December 30th was approved. Steve Cunningham, a Boy Scout leader addressed the Board with a complaint about the condition in which the Byfield Town Hall was left for his scout meeting. He stated that due to construction of sets, the paint fumes were very bad, the access to the bathrooms was blocked and a locked storage room had been broken into. He said he had met with the'arts group and had been assured that there would not be a conflict with scheduled groups at the Town Hall, but there seems to already be a problem. Mr. Cunningham was thanked for bringing the situation to the attention of the Board and was assured that these problems would be discussed with the arts group and corrected. Two bids were received for the repair of the septic system at Town Hall. They were P.A. wilkinson @ $22,450 and Pearson Landscaping @ $15,130. It was moved and seconded to take these bids under advisement. The following local upgrades were approved for septic system repairs: 1.) 123 Elm St. (Paul O'Neil) 310 CMR 15.405 1(i); 2.) 9 Riverview Drive (Carol Bresnahan) 310 CMR 15.405 1 (b)(i); 3.) 18 Orchard St. (Patricia Grimes) 310 CMR 15.405 1 (f); 4.) 305 High Road(Kerry Shairs) 310 CMR 15.405 1 (c)(O(i); 5.) 250 High Road (Wm. Blackwood)- 3 10 CMR 15.405 1 (h)(i). A hearing date for a change of directors and change of name for Buddy's Restaurant, ' Fruit St,Byfield was set for Dec.5th at 8:15 p.m. A hearing date for a change of manager for Plum Island Grille was set for Dec. 5th at 8 p.m. The following warrants were signed by the Selectmen: October 10, 2000 W15 78,385.79 PW 15 40,718.92 October 17, 2000 W16 542,875.08 PW16 35,623.37 October 24, 2000 W17 41,571.87 PW17 35,484.61 October 31. 2000 W18 96,803.04 PW18 36,633.58 November 7, 2000 W19 68,171.23 PW19 40,025.31 115 Selectmen's Meeting (cont'd) November 14, 2000 Questions were asked about JRM Trucking on Newburyport Tpke. Joe Tevald,Doug Packer and Brownie Taylor will do a site inspection this week to investigate the allegations brought forth. The well contamination on Newburyport Tpke was discussed. No information has been received from DEP or NERO offices as yet regarding the sampling done on these properties. DEP has taken over the jurisdiction of three of these wells, as they have determined that they fall under"public water supply" db;ignation. The property owners of wells not under DEP jurisdiction will be asked to follow the same guidelines set for the public wells when the test results are received. The self-proclaimed "Newbury Watch Dog Group"once again made accusations against the Board of Health questioning the landfill, DEP violations and fines, CDM and cost of Counsel for the landfill. The meeting was adjourned at 9:05 p.m. as moved by Selectman Adams and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 5, 2000 Clerk Joseph S. Tevald opened the meeting at 8:10 p.m. Selectman Alan 1. Adams was present. In accordance with Chapter 369, Acts of 1982, Section I, the public hearing on the determination of the percentage of tax levy to be borne by each class of real property for fiscal year 2001 was opened and the legal notice was read. *Bud Kelley, Chair of the Board of Assessors recommended a single tier tax rate as commercial and industrial properties represent only 3.45% of the classification. He also stated that the Assessors did not recommend residential exemptions or small commercial exemptions, all as in previous years. The tax rate should be approved by the State within a week of receipt of the recap sheet. The hearing was closed and the matter taken under advisement,the hearing was reopened and it was moved by Selectman Adams and seconded by Selectman Tevald to approve the recommendation of the Assessors for a single tier tax rate for FY 2001. The hearing was closed at 8:15 p.m. A public hearing for a special permit for a B&B at 31 Sunset Drive was opened and the legal notice was read. Appearing in favor was owner Nancy Taber. She stated they had a three bedroom home with 2 t/2 baths and would like to use two of the bedrooms as guest rooms. There would be no cooking facilities and there was.adec uate parking as required in the by-laws. Speaking in opposition was Steven Smith of 35t Street who questioned whether or not this use should be permitted at this time due to the septic system issues on the island. Selectman Adams moved to continue the hearing and take the matter under advisement, seconded by Selectman Tevald. Counsel will be asked to look at the application to insure approval would not violate the town's agreements with DEP and Newburyport. At 8:30 p.m. the legal notice for a public hearing for a change of manager at Plum Island Grille, 2 P.I. Blvd. was read and the hearing was opened. Appearing in favor was Mark Friery, President of the corporation. He stated that the previous manager, Kevin 117 Selectmen's Meeting (cont'd) December 5, 2000 Desmaris was no longer with the operation and he (Mark Friery)would betaking over the position of manager. Appearing in opposition - no one. The hearing was-closed and the matter taken under advisement,the hearing was reopened and Selectman Adams moved to grant the change of manager subject to ABCC approval, seconded by Selectman Tevald. Mr. Friery questioned the possibility of using the Olga Way town parking lot for employee parking during off season. Selectman Tevald stated he did not know the status of the lot and would have to check into it and would advise Mr. Friery. At 8:40 p.m. the legal notice for a public hearing for a change#of directors and a change of the d/b/a for LDJ Restaurant Inc. was read and the hearing was opened. Appearing in favor was Lisa Robinson, owner and manager of the restaurant. She asked to change the name of the restaurant from Buddy's Restaurant to Village Diner/Pub and stated that she was not sole director of the corporation. Diane O'Neil had sold out to her. She advised that the format of the restaurant had been changed. The dining room is to the right and consists of booths like in a diner. There is a small bar and the place has been totally renovated. Selectman Tevald advised that a Board of Health inspection would be needed due to the change in format. The hearing was closed and the matter taken under advisement, the hearing was reopened and Selectman Adams moved to grant the two requests for change of directors and change of d/b/a subject to ABCC approval, seconded by Selectman Tevald. Liquor license renewals for 2001 were reviewed and approved by the Selectmen for the following establishments: Village Diner/Pub; Oldtown Country Club; Ould Newbury Golf Club; Corner Cupboard; D&J Liquors; PJ's;Dick's Variety; Mr. Moe's;Byfield General Store; Atty May's Beachcomber;Newbury Convenience; Plum Island Grille. All license renewal applications were received prior to the November 30'h deadline. A request for a one-day entertainment permit for Atty May's Beachcomber for New Year's Eve was approved to coincide with their regular operating hours, as moved by Selectman Adams and seconded by Selectman Tevald. A Chapter 61A release of option to purchase land of Hurley at 255 High Road was signed by the Selectmen, there being no one in attendance that wished to purchase this land on behalf of the town. The Planning Board/Open Space Committees had agreed to this release of option prior to the meeting. Nicholas Metcalf of Hay Street asked to be put on record as being in favor of the town purchasing this land. A request from Meg Wafters of Geophysical Survey Systems Inc. to perform a GPR survey of the Lower Green was discussed.. The Selectmen agreed that the request had merit but they would like some input from the Historical Commission. All the information submitted will be turned over to Patsy Brown for her committee's determination. Ron Garand of Boston Road questioned the culvert pipe at the entrance of the landfill. Selectman Tevald advised that he and Doug Packer had inspected the pipe and they had discussed the matter with Dave Ferris of DEP. Mr. Garand asked about testing the water from the pipe and Selectman Tevald agreed to have these tests done. The following warrants were signed by the Selectmen: November 14, 2000 W20 $542,170.93 PW20 34,833.47 November 21, 2000 W21 1,557,120.72 PW21 37,784.77 November 28, 2000 W22 25,828.67 PW22 44,275.12 The meeting was adjourned at 9:00 p.m. as moved by Selectman Adams and seconded by Selectman Tevald. 119 Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 12, 2000 Clerk Joseph S. Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was present. The pole hearing scheduled for 7:30 p.m. was cancelled at the request of Mr. Dave English of Mass Electric. He requested time to rework the plan and do a site visit with the abutters. A new plan and petition will be resubmitted at a later date. Mr. Richard Tomczyk from the Executive Office of Environmental Affairs showed a slide presentation on the buildout analysis and data profile developed for the Town of Newbury to be used as tools on a municipal level for land use decisions. He explained Executive Order 418 and presented information on a$30,000 state grant available to the town of the creation of a Community Development Plan. He explained the workings of the Community Preservation Act which suggests a 3% surcharge on property taxes as a means to raise revenue which may be spent on open space, affordable housing, economic development and transportation. Jarred Whitten of MVPC described the contents of four large maps developed by their GIS computer system. He explained that taking into consideration current zoning, the town has room for an estimated 2500 new homes. However, since 1990 the population has grown by only 8%. A guidebook and software were presented to the town and the Board thanked Mr. Tomczyk and Mr. Whitten for their time and presentation. A thank you letter was read from Boy Scout Troop#44 and approval was given to to request from the troop to place a notice with the Clerk's office about their bottle/can container at the landfill. This notice will be passed out with landfill stickers. The following license renewals were approved: Class II Used Car—Special Interest Autos of Nbypt, AEL Trailer Sales, Federal Auto Repair and Angie's Service Station. General Business—Ginny Moore's Parking Lot,Leonard's Parking Lot, Main St. Mini Mart, D&J Liquors, PITA Hall, Dick's Variety, F.Thurlow Brown Books,Newbury Gallery,Deb's Place, Karen's Dog Grooming of P.I., Colonial Coiffures, Longfellow Hill Beauty Shop, Linda's Home Salon, A Newbury Setting, Surfland Bait & Tackle, Byfield General Store,Bird's Nest, Twelve Rogers Lane Antiques, Poor Richard's Barn, Fernalds's Marine, Steve's Service, Tolman Automotive, Bill's Auto Repair, Diamond Marine,Henry C. Becker, B.D. Automotive, Reeves Automation, Goodall & SonsTractor Co. Inc., Checkoway Oil Company, Riverfront Marine Sports Inc.,Noyes Citgo, A.L. Prime Energy, Angie's Service Station, Applied Automotive Technology, Stor-U-Self Storage, Volpone Towing and P.J.'s. Alicia Raddatz of 91 High Road asked to be on record as top of the nasty list as she had called DEP several times to investigate the landfill. She accused the Selectmen of "McCarthyism". She also complained that she was refused a variance for her septic system. Mr. Tevald replied that her property did not qualify for a variance as she had ample room to install a system in full compliance with Title V. He also stated that he had no knowledge of a"list" and had not spoken with Mr. Machiros about the matter. "List" seems to be a term used by the news media. Mike Doyle reported that at the Dec. 7th Finance Committee meeting he recorded the minutes. He suggested that the FinCom be increased in size. Selectman Adams asked if this suggestion was from the Finance Committee or from him personally and the Board agreed to look into the matter. Mr. Doyle said that Town Counsel was at the FinCom 121 Selectmen's Meeting (cont'd) December 12, 2000 meeting and he requested that the Board ask for a second quarter invoice from Counsel. Selectman Tevald said that a request would be made. Questions were again raised about the performance bond and the amount paid to Pearson which Mr. Metcalf said could not be all wages. He was advised that all invoices were presented with back up and checked and approved by the engineer prior to payment and are on file. The budget for tree warden expenses, septic system bids for town hall and the possibility of a public informational meeting to include DEP and CDM weiebriefly discussed. The following warrants were signed by the Selectmen: December 5, 2000 W23 $318,264.29 PW23 45,001.12 The meeting was adjourned at 8:05 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JANUARY 9, 2001 Chairman Machiros opened the meeting at 7:30 p.m. Selctmen Alan I. Adams and Joseph S. Tevald were present. The contract with CDM for evaluation and reporting on the landfill, having been reviewed by Counsel, was signed by the Selectmen. Selectman Adams moved to authorize Chairman Machiros to take any and all actions necessary to bring the landfill back into operation and to work with DEP and CDM to bring this project to fruition, seconded by Selectman Tevald. Attorney Michelle Harrison and Jim Motzkin, President and owner of JRM appeared before the Board to apply for a license to operate a truck depot at 60 Newburyport Turnpike in conjunction with the existing junk yard. They explained their operation and proposals for the site and described the work done on site to date. Brownie Taylor, Doug Packer and Joe Tevald were asked to report on their site visits. John Cabot of Middle Road questioned the truck routes and Mr. Motzkin was asked to work with the Highway Superintendent regarding our secondary roads. Steven Smith asked why they had not applied for a license until now and Ms. Harrison replied there had been some confusion about the licensing process. Ron Garand of Boston Road stated there had been blasting and extensive excavation on the site. Doug Packer stated there were no wetlands on the property and therefore it was out of his jurisdiction. Mr. Motzkin stated the excavation was just grading of a slope and DEP had investigated and had no objections to the work being done. Ronald Strong of RB Strong Excavation advised that no blasting had occurred, probe holes only had been drilled in the ledge. Alicia Raadtz suggested a second inspection in the spring to better determine possible environmental concerns and Chairman Machiros asked Doug Packer to do a spring visit. Chairman Machiros noted that the area is visibly cleaner than it ever has been and Atty. Harrison asked that the records show JRM's commitment to landscape the area and their promise to stay off secondary roads except when necessary to service private citizens. Selectman Adams moved to take the license under advisement at this time to allow the Board to look at the environmental concerns on the site, seconded by Selectman Tevald. Stew Hoover of 6 Orchard Street presented a petition to the Board asking that the intersection of Middle Road and Orchard Street be posted as a 3-way stop. Several The following warrants were signed by the Selectmen: December 12, 2000 W24 $633,038.64 PW24 43,178.99 December_19, 2000 W25 88,597.32 PW25 37,401.70 December 26, 2000 W26 22,259.37 PW26 38,586.02 January 2, 2001 W27 144,916.71 PW27 42,362.28 r rrr� • r' L r� Y 125 Selectmen's Meeting (cont'd) January 9, 2001 residents in the audience also endorsed this suggestion. Chief Merry was asked to consult with the Highway Superintendent to see if this could be accomplished quickly. Robert Walton was re-appointed as Newbury's designee to the PICA Group. Ted Russell of Orchard Street and a member of PICA gave a brief report-on the P.I. Community Airfield Group and their proposals to SPNEA for the continued operation of the P.I. Airport. The Board thanked Mr. Russell and full support was offered to PICA as moved by Selectman Adams,and seconded by Selectman Tevald. Mike Doyle stated he was speaking for the Finance Committee and asked that the committee be increased in size. Selectman Adams moved to take the matter under advisement until a formal request is received from FinCom, seconded by Selectman Tevald. Landfill issues were again briefly discussed. Chairman Machiros stated that an informational hearing with CDM would be held in early spring to try to address all issues and options for the landfill. DEP is now opening landfills because trash is such a big problem, he said and preserving the integrity of the Parker River is still our number one priority. The following licenses were approved for 2001: Installers—Allen Rogers, Kendall Construction, Manter Co., Duncan Tree. Landscape & Construction, Kevin Greaney Materials&Trucking, Finn Bros. Construction, Stuart Dalzell, T.L. Norton, David Foley Sr., Richard Nunan Construction, P.B. Johnson Inc., Killam Construction, H.A. Richards & Sons, Goodwin Homes Inc., Keith Walton Co.,Fitzgerald Construction, Pearson Landscaping, J.D. Hartnett & Son, Currier Environmental Solutions, T&W Excavation, P.A. Wilkinson, Haynes& Sons, Enpro Services, R.A. Briscoe. Haulers—P.A. Wilkinson, Richard Briscoe, Stewarts Septic Service, Raggs Septic Service, Pearson Landscaping, G.H. Ricker, Wind River Environmental. General Business—Appleton Woodworking, Parker River Trading Post, Candy L Way-Foster,Mae Atkinson antiques, Josett's Adz&Loom, AGJ Woodcrafting & Woodworking,Norbeck Sterling, Milestone 35,High Tail Acres, Buddy's Books, Wilco Marine, Head Tyrolia, Int'l Antique Mart; Pearson Hardware, Internal Combustion, Olde Newbury Boat Co.,Kym's Romp&Roll Doggie Playground, Superior Auto body Repair, Pet Lowell Co., P.I. Enterprises, Williamson Parking Lot, Wheelhouse Parking,Guildford's Package Store, SKK Inc., LDJ Restaurant, Atty May's Beachcomber, Atty May's Oulde Byfield Expo Tea Room, Mad Martha's Newbury Convenience, Ould Newbury Gold Club, Haven II,Newbury Butchery, P.I. Grille, Tendercrop Farm, Sadie's for Hair,Newbury Hair Design, Water Dog and Ja-Makin-Me Tan. Bob Walton, having arrived late, spoke briefly about the P.I. Airport and PICA. He thanked the Board for their input and for working with SPNEA to keep the airport open. The meeting was adjourned at 9:15 p.m Respectfully submitted, I Kathleen Sirois, Secretary 127 SELECTMEN'S MEETING JANUARY 23, 2001 Clerk Joseph S. Tevald opened the meeting at 7:30 p.m. Selectman Alan I. Adams was present. Ken Shea,Newbury resident and a director for the Yellow School Center for the Arts . thanked the Selectmen and Counsel for their help in finalizing the lease for the Byfield School and Byfield Town Hall. He discussed the lease and pointed out two typo's which were corrected, initialed and the lease was signed by the Selectmen and Marshall Jespersen as the representative of the Yellow School Center for the Arts. One day special permits were approved for the sale of alcoholic beverages for Protection Fire Co. #2 for February 3, 2001 from 10 a.m. to 4 p.m.; Protection Fire Co. #1 for their annual firemen's ball at Governor Dummer Academy on March 3, 2001 from 6 p.m. to 12 midnight and Anna Jaques Hospital Aid Association for Great Chefs Night at Governor Dummer Academy on March 16, 2001 from 6 p.m. to 12 midnight. General business licenses were reviewed and renewed for'Cheryl's Island Clip, Apple Cider Press &Prints and Marshview Farm. Installers licenses were reviewed and renewed for RB Strong Excavating, Prompt Construction, Sullivan Septic Service, Rooter Man and Boraczek Septic and Sewer. Nicholas Metcalf of Hay Street questioned the alleged theft of materials from the landfill and was advised that the investigation was in the hands of the proper authorities, DEP and the Attorney General. Selectman Tevald advised that he had no additional information on the investigation and the Board did not investigate crimes, that is up to the Police Department. Ronald Garand said there was a video of the material being moved from the landfill to a site in Byfield and Chief Merry had viewed this video. This fact was disputed the following day by the Chief. Chief Merry advised that he was told of a video but had not viewed it and he had advised both Mr. Garand and Mr. Gaspar that the investigation was in the hands of the Attorney General. Steven Smith inquired about his request for additional information regarding payments on the landfill project. He was advised that the request had been turned over to the town's accountant for processing and he should.check with Bernie if he had any questions. Doug Packer agreed to take another look at the possibility of wetlands at 60 Newburyport Turnpike. The business license is still under advisement while zoning issues are being investigated. The following warrants were signed by the Selectmen: January 9, 2001 W28 $223,154.12 PW28 43,564.07 January 16, 2001 W29 42,496.24 PW29 38,247.14 The meeting was adjourned at 8:20 p.m. Respectfully submitted Kathleen Sirois, Secretary 129 SELECTMEN'S MEETING FEBRUARY 27, 2001 Clerk Joseph S. Tevald opened the meeting at 7:30 p.m. Selectman Alan I. Adams was present. The legal notice was read for a pole hearing on Plan#661, dated 12/26/00 to remove (1) pole and locate (1) pole on Paul's Way, petitioners Mass Electric and Verizon. David English, representing Mass Electric, stated that the original plan#644 for this pole had been submitted and approved in 1993 but the work had never been completed. Because the abutters had changed, Mass Electric felt they should resubmit a plan and do a site visit with the current neighbors. Mass Electric met with the neighbors and the new plan #661 has been approved by them. Speaking in opposition—no one. Paul Daubitz questioned whether or not other utilities (cable, fire alarm, communications, etc) could be strung on these poles that are permitted by the town. Mr. English stated he did not believe they could but he would have to check with his legal department. Mr. English will investigate and advise Mr. Daubitz of his findings. There being no other questions or comments, the hearing was closed and the matter taken under advisement. The hearing was reopened and Selectman Adams moved to grant the petition as presented, seconded by Selectman Tevald. The hearing was closed at 7:40 p.m. Chris Leahy of Millennium Engineering presented a plan for a tight tank for property at 17 Pine Island Road, owner Paula Newhall, for Board of Health approval. He stated that the house was built on a small upland area surrounded by wet land and the only option for this property is a tight tank. Abutters had been notified as required and DEP permits had been prepared. Selectman Adams asked that the plan be taken under advisement due to a potential conflict of interest. It was moved and seconded to continue this request to the next meeting on March 131n John Romano, Assistant Health Agent, presented four plans for septic repairs with local upgrade requests to the Board of Health. •• 6 Riverfront Drive (Susan Fleming) a. 310 CMR 15.405 1(i) groundwater separation from 5' to 4' b. 310 CMR 15.405 1(h)private well separation to leach area from 100' to 57' c. 310 CMR 15.203 three bedroom design to 2 bedroom design with deed restriction to be recorded at the Essex South Registry of Deeds • 1 Kingsford Street(Lillian Bryant) a. 310 CMR 15.405 1(i) groundwater separation from 5' to 4' b. 310 CMR 15.405 l(a)reduce setback from pump chamber to property line from 10' to 7' c. 310 CMR 15.405(b) reduce set back from pump chamber to cellar wall from 10' to 6.5' and from leaching field to cellar wall from 20' to 17' • 7 Withington Street(Luis Alicea) a. 310 CMR 15.405 1(d) reduce required subsurface area from 1138 s/f to 855 s/f • 3 Tenney's Court (Scott Thibodeau) a. 310 CMR 15.212(a)reduce required separation to groundwater from 4' to 3' Septic upgrades as presented were approved as moved by Selectman Adams and seconded by Selectman Tevald. On the recommendation of the Harbormaster, Christopher Chaisson and Christopher Dort were appointed as Assistant Harbormasters. Glenn Gavin will step up to the position of Chief Harbormaster and Don Rowell will become Harbormaster Emeritus effective June 30, 2001 as moved by Selectman Adams and seconded by Selectman Tevald. Don was thanked by the Board for his many years of dedicated service to the Town. 131 Selectmen's Meeting (cont'd) February 27, 2001 A request was approved for two one-day entertainment permits for P.I. Grille for private wedding functions on April 71h from 7 p.m. to 11 p.m. and May 61h from 6:30 p.m. to 10 p.m. Selectman Tevald advised that the functions must be kept indoors and recommended that the abutters be notified prior to the functions. David Mountain of the Planning Board submitted an"open space residential development bylaw"to the Board with a brief explanation of it's contents. The Planning Board with the Selectman's approval will move forward with public hearings on this bylaw as well as the "cell tower bylaw" and the "P.I. overlay district". A request from Neal Ernstrom for a one day photo shoot on P.I. Beach next to Atty May's on April 16th from 6 a.m. to 6 p.m. was taken under advisement to allow the Board time to check on the liability aspect of this request. Mr. Ernstrom will be advised of their findings. Deborah Knight of Middle Road and Carol Larocque of Cottage Road were nominated as Inspectors of Animals and their nominations will be submitted to the state for approval. A request from the Parker River Clean Water Association for use of the Lower Green Sunday, May 271h (rain date May 28th) from 10 a.m. to 4 p.m. for their annual Parker River Festival was approved by the Selectmen. Permission was also given for banners on the Upper and Lower Greens. A letter from Paul Daubitz concerning the IMA between Newbury and Newburyport was addressed. Selectman Tevald advised that to the best of his knowledge the approval of the IMA would be on the town meeting warrant in April. A memo from CDM regarding scheduling of an informational meeting for the landfill was read by Selectman Tevald. Site and date are yet to be determined. Mike Doyle questioned the legal budget and suggested the Selectmen meet with the Finance Committee to discuss the issue. He also questioned the proposed redistricting of our voting precincts in accordance with the Federal Census of 2000. Mr. Metcalf asked if CDM would address potential fines from DEP and Mr. Pease's requests for information on the landfill. Selectman Tevald stated that all pertinent questions should be answered at the informational meeting. Mr. Smith inquired about the JRM operation and Selectman Tevald advised that Counsel was working on it. Mr. Metcalf asked about the new septic system for town hall and was told that the project would be re-bid in the spring. The following warrants were signed by the Selectmen: January 23, 2001 W30 $507,398.26 PW30 41,714.62 January 30, 2001 W31 54,772.44 PW31 39,673.55 February 6, 2001 W32 150,068.22 PW32 42,147.83 February 13, 2001 W33 629,156.54 PW33 44,583.58 February 20, 2001 W34 45,893.26 PW34 36,225.42 The meeting was adjourned at 8:45 p.m. Respectfully submitted, Kathleen Sirois, Secretary 1 � 3 SELECTMEN'S MEETING MARCH 13, 2001 Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. On the recommendation of Richard Passeri, Chair of the Recreation Committee, contracts were awarded to Huntress Associates of Andover for engineering and design services for the Central Street property in the amount of$75,350 and the Kent Way property, subject to funding, in an amount not to exceed $55,000, as moved by Selectman Adams and seconded by Selectman Tevald. Appointments were approved for Warren Manter and Diane Brown as members of the Recreation Committee as moved by Selectman Adams and seconded by Selectman Tevald. Edwin Frazier of 173 Scotland Road presented a warrant article to the Board for inclusion in the Town Meeting warrant to clear the titles of two properties at 173 and 175 Scotland Road. The warrant will be closed to petition articles on Friday, March 23`d as voted by the Board. A new license for Shannon Pearson d/b/a Lexa's Day Spa at 2 Fruit Street, Byfield was approved subject to BOH inspection and the receipt of the proper applications and fees as moved by Selectman Adams and seconded by Selectman Tevald. As recommended by Selectmen Tevald and Adams, the appointment of Wendy Kimball Murray as Health Agent was approved. Ms. Murray will begin her duties April 2, 2001. The continuance of a February 27th hearing on the proposed tight tank installation for 17 Pine Island Road was opened and a brief description of the project was discussed. The proposed plans were approved as submitted with two local upgrades, as moved by Selectman Tevald and seconded by Chairman Machiros and will be submitted to DEP for final approval. Selectman Adams abstained from the vote due to a potential conflict of interest. The following warrants were signed by the Selectmen: February 27, 2001 W35 $ 63,713.30 PW35 39,454.58 March 6, 2001 W36 163,180.42 PW36 44,195.26 March 13, 2001 W37 ' 122,887.98 PW37 47,084.90 There being no other business, the meeting was adjourned at 8:05 p.m., as moved by Selectman Adams and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary 135 SELECTMEN'S MEETING r MARCH 27, 2001 Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald and Alan I. Adams were present. A new license was approved for Robert Hartigan and Louis Mastrangelo d/b/a Bob& Lou's at 49 Plum Island Turnpike, subject to periodic health inspections. Operating hours 12 noon to 6 p.m. seven days a week, summer hours 12 noon to dusk. Receipt of a check in the amount of$1,173 representing subscriber fees for 2000 from AT&T Broadband was acknowledged. A license was renewed for Katherine &Robert Carleton d/b/a Parker River Enterprises at 284 High Road. A request for a second license to build and sell sail boats and dorys as a home occupation at this address was discussed. Mr. Carleton was advised of the rules and regulations which govern home occupations including no outside display of goods. A temporary license was issued subject to periodic inspections for violations of the zoning by-law. A request from Neal Avery, coach of Triton Youth Soccer to use the Upper Green for soccer practice was discussed. Mr. Avery will be given the option of using the Lower Green or Manter's field for the dates requested rather than the Upper Green. The train whistle ban is scheduled to go into effect April 2"d. Special signs will be posted to warn motorists that whistles are not blown at our crossings. The official dedication of the Newbury Town Library will be April 1 st at 2:30 p.m. All are invited to attend. A request for use of the Upper Green ball field by the Newbury Clammers Softball League on Tuesday and Thursday evenings April to September was approved. Residents were advised that information on MEMA's citizen hotline was posted on the bulletin board for any resident requesting flood information or disaster assistance. Questions on JRM and the landfill informational meeting were discussed. The informational meeting will be held on April 10th at 7 p.m. at the elementary school auditorium. The following warrants were signed by the Selectmen: March 20, 2001 W38 $495,975.31 PW38 39,023.48 The meeting was adjourned at 8:30 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING APRIL 10, 2001 Chairman Machiros opened the meeting at 7:00 p.m. at the Newbury Elementary School auditorium. Selectmen Joseph S. Tevald and Alan I. Adams were present. The warrant for the April 24th Annual Town Meeting was reviewed and signed by the Selectmen. The following warrants were signed by the Selectmen: 137 Selectmen's meeting (cont'd) April 10, 2001 March 27, 2001 W39 $133,357.80 PW39 39,480.62 April 3, 2001 W40 55,525.15 PW40 34,780.13 The Selectmen's meeting was closed at 7:10 p.m. and CDM and the Selectmen proceeded with the public informational meeting on the landfill. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MAY 22, 2001 Selectman Tevald called the meeting to order at 7:30 p.m. Selectmen Alan I. Adams and Michael Doyle were present. As Clerk of the previous board, Selectman Tevald called for the reorganization of the board. Selectman Adams nominated Mr. Tevald as Chairman, seconded by Mr. Doyle. Selectman Tevald accepted the position ofr the coming year. Selectman Doyle nominated Mr. Adams as Clerk, seconded by Chairman Tevald. Selectman Adams accepted the position. Arthur Allen of Byfield on behalf of the Republican Town Committee presented the town with an official framed photo of President Bush to hang in the meeting room. The board voted to accept the 2001 re-precincting plan presented to them by the Town Clerk as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. The two precincts will be divided by Route 1 and will go into effect in 2002. On the recommendation of the Zoning Board of Appeals, Diane Brown of Byfield was appointed as an alternate member of the Zoning Board as moved by Selectmen Adams, seconded by Selectman Doyle and voted unanimously. Permits to open and excavate 52 & 53 Main Street, Byfield by Keyspan Gas Co. for corrosion maintenance were granted by the board subject to Tim Leonard's approval. On the recommendation of Chief Merry the following persons were appointed as lifeguards for the period 5/22/01 through 9/4/01 —Matthew Cahill, Adam Chicoine, James Shafner, Peter Saradjian, Michael Biscardi, Benjamin Casey, Alexander Gallup, Caroline Linehan, Kristie Hambrecht, Caitlyn Williams, Darcie Britner and head lifeguard Andrew Cote, as moved by Selectman Adams and seconded by Selectman Doyle. A new license for an electronics recycling business at 78 Hanover Street, owner John Quintiliani d/b/a Box-Q was granted as moved by Selectman Adams and seconded by Selectman Doyle with the stipulation that there be no open storage outside and no noise. A common victualler license was approved for Carolyn S. Gill at Adelynrood Conference and Retreat Center as moved by Selectman Adams and seconded by Selectman Doyle. It was noted that the premises had been inspected by the health agent. A one-day liquor license was granted to GDA for a reunion on June 9th from 12 noon to 12 midnight as moved by Selectman Adams and seconded by Selectman Doyle. A letter from Lois Anderson, Chair of the Trustees of the Newbury Town Library was read by Chairman Tevald regarding the Little League field and watering concerns. Mr.Tevald advised he had discussed this matter with the little league reps and the library 139 reps and they have come to an agreement that the little league will pay any excess charges incurred for water usage. A request from Claire Nicolosi of 24`h St. to permit the pavement of a 4'x72' walkway from her home to Northern Blvd. to allow her to walk her husband who is wheelchair bound was approved as moved by Selectman Adams and seconded by Selectman Doyle subject to Tim Leonard and Conservation Commission supervision. Mrs. Nicolosi will pay all costs for this project. A hearing date on a kennel license for Teresa Kozazcki of Parker Street was set for June 12`h at 8 p.m. Notice to the abutters to be made by certified mail. A letter of complaint from John Patrowicz regarding the lighting of the flag on the cell tower at Ould Newbury Golf Club was read and taken under advisement. The Selectmen will verify the legality of the illumination and rules governing the flying of the American flag. It was suggested by the audience that a Newbury flag be flown in place of the American flag thereby eliminating the need for illumination. Jayne Peng questioned when and if the selectmen had approved the speical legislation for the P.I. water/sewer project. Atty. Lagoulis advised that the special legislation had not yet been signed. Ms. Peng also questioned the term of counsel's appointment. She was advised that it was yearly appointment. Jeffrey Baker representing the AQUA group gave a lengthy talk on closing the P.I. Airport and turning the property into conservation land. He presented charts and overlays to support his view and Bill Gette of the Audubon Society spoke in favor of AQUA's proposal. Jane McNeal, Bob Walton, Diane Brown and Arthur Allen refuted some of AQUA's statements. The Board advised no recommendations could be made until more information is received from all parties. Mr. Baker was thanked for his time. The matter of Mad Martha's advertisement as a BYOB establishment will be discussed at the June 12`h meeting. Mr. Pugh will be asked to attend. An agenda format was approved and will be posted with the meeting notices. The date of the Special Town Meeting was tabled temporarily until more input is received from DEP. Martha Leahy requested approval on behalf of the Planning Board to schedule a public hearing to fine tune the cell tower by-law. Her request was approved as moved by Selectman Adams and seconded by Selectman Doyle. A vote of the board to convene an executive session following the close of the BOH meeting was taken and the selectmen polled with the following results—Selectman Adams, yes; Selectman Doyle, yes; Selectmen Tevald, yes. This executive session will be to discuss litigation with DEP relative to Title V, the landfill and the P.I. water/sewer project. Chairman Tevald announced that the Selectmen will not re-convene in open session afterwards. The Selectmen's meeting was closed at 9:15 p.m. and the Board of Health meeting was opened. Health Agent,Wendy Kimball Murray's I'agenda item was a Ding issue. Wm. Blackwood of 251 High Road stated he had not been correctly notified of the alleged violations at his property and he had a problem with some of the statements in the complaint. Fearing a civil suit from his tenant, he asked that the letter of complaint he received be revised with a statement from the wiring inspector as to what he inspected. Chairman Tevald agreed that such a letter would be forthcoming with the wiring inspector's comments. A request from Mr. Walton of 72 Hanover St. that he be allowed to seek relief from a failed Title V by connection to municipal sewer was addressed. Chairman Tevald stated that the regulations are clear, hardship cases can seek relief from available municipal 141 sewer. It was moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously to allow Mr. Walton,to seek relief from the Newburyport Sewer Commission. Ms. Murray discussed 104 Pine Island Road. The existing system is in a tidal marsh. A Clivus system has been suggested and is acceptable for"black water"but the treatment of the"grey water" is in question. DEP has suggested using "drip irrigation" and will forward more information on this treatment. It was the opinion of the health agent that a conventional system would be impossible on this lot. Ms. Murray asked to extend the perc season for new lots. Current policy permits peres in April and May only, Title V permits a 12 month perc season. Chairman Tevald stated that the board had previous discussions on this matter and given the fact that two months is not enough time to perform requests for new peres, he sought a motion to amend the current policy to read as Title V with a 12 month perc season with tight controls during the winter months. The policy change was approved as moved by Selectman Adams and seconded by Selectman Doyle. Chairman Tevald updated the board and health agent on 4 Rolfe's Lane. The owner has been notified of a failed cesspool and was given the opportunity to obtain an easement on the next lot to install a new system pending proper testing. This easement needs to be designated and the owners need to get together. A fourteen day time frame was given to notify both owners. It was moved by Selectman Adams and seconded by Selectman Doyle to allow the health agent to seek advice from Town Counsel regarding 15 Fordham Way. The file on the Novak property on 12th St. was submitted to the board of health for their review and an eventual decision. A new form for component replacements was reviewed by the board to be used in place of a certificate of compliance for the following properties: 4 Fordham Way, 32 School St., and 107 Central St., and all future component replacements. A new plan was reviewed and approved for 71 Boston Rd., Conservation Commission needs a notice of intent for this property. A revised plan for Lot 1 Longview Lane was reviewed and approved. A new system planned for 14 51 s'St. was tabled for research by DEP as moved by Selectman Adams and seconded by Selectman Doyle. Millennium Engineering offered to provide any information required. A new system designed for 26 Middle Road was withdrawn to allow the engineer time to revise the plans which will be resubmitted. A new plan for Lot 3 Longview Lane was reviewed and approved. A plan for repair/upgrade of the system at 12 Green St. was reviewed and approved with two upgrade requests 1)reduction of groundwater separation from 4' to 3' and 2) reduce property setback from 10' to 5'. Both properties are owned by the same family making notification to the abutters unnecessary. A plan for repair/upgrade of the system at 77 Main St. was reviewed and approved with one upgrade request 1)reduction of groundwater separation from 4' to 3'. A plan for repair/upgrade of the system at 15 Graham Avenue was reviewed and approved with one upgrade request 1)reduction of required 5' separation between bed bottom and groundwater to 4' due to a perc rate of less than 2 minutes. A plan for repair/upgrade of the system at 26 Central St. was reviewed and approved (with DEP approvals) with three upgrade requests 1) groundwater separation from 4' to 143 3' with pressure distribution 2) leach area distance to slab from 10' to 5' 3)use of existing 1000 gal septic tank providing it passes inspection, is water tight and the baffles are in place. A plan for repair/upgrade of the system at 7 Chute Rd. was reviewed and approved with one upgrade request 1)reduction of groundwater separation from 5' to 4' due to a perc rate of less than 2 minutes. A plan for repair/upgrade of the system at 20 Green Street was reviewed and approved as submitted. Ms. Murray requested that the process for board of health meetings be the same as the selectmen's meetings with 7 days prior notice to be on the agenda. Request approved as moved by Selectman Adams and seconded by Selectman Doyle. Ms. Murray advised that her new telephone number is 978-499-3898. She stated the food inspections would be starting soon with the seasonal restaurants on Plum Island first on the lists. Beach water testing will again be done by Biomarine of Gloucester starting next week with weekly testing and reports to the police department as well as the BOH in Newburyport. Ms. Murray commended the.ACO's handling of a rabid raccoon in the Knobb Hill area and also the follow-up by our public health nurse, Judy Anderson. At 10:15 p.m. Selectman Adams moved to close the board of health meeting and adjourn to executive session, seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING -MAY 29, 2001 Chairman Joseph Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and Mike Doyle were present. Chairman Tevald announced that in order to meet time deadlines imposed on the town, this meeting was called to open the warrant for a STM to be held on June 26th and this warrant will be closed to petition articles on June 5th. Steve Smith asked when the decision was made to hold tonight's meeting and was told that the decision was made in the course of discussions at the executive session. Mr. Doyle stated he walked out of the meeting and contacted his lawyer because not everything discussed in session was regarding litigation. He said he had also contacted Kevin Burke's office and claimed the session will become null and void and the minutes will be made public after review by the DA's office. Mr. Tevald disagreed with Mr. Doyle's statements. It was moved by Selectman Adams and seconded by Selectman Doyle and voted unanimously to hold the "special town meeting" on Tuesday, June 26th at 7:30 p.m. at NES. A request for use of the Upper Green from the Community United Methodist Church for a softball game and cookout on Sunday, June IOth from 11:30 a.m. to 3 pm. was. approved as moved by Selectman Adams and seconded by Selectman Doyle. A request for use of the Upper Green by Merrimack River Feline Rescue Spgiety on Saturday June 9th from 9 a.m. to 2 p.m. was granted as moved by Selectman Doyle�and seconded by Selectman Adams, subject to Chief Merry's approval. 145 A permit request from Keyspan to open and excavate 2 Green St.to repair a gas leak was approved as moved by Selectman Adams and seconded by Selectman Doyle and will be forwarded to the highway superintendent. Dave Mountain of the Planning Board received approval from the board to move forward with a public hearing on a proposed zoning change (required uplands) section 4.1.2.3. Selectman Doyle read a letter from the Historic Commission requesting the re- appointment of Dick Cunningham to their commission. Mr. Doyle moved to accept Mr. Cunningham's appointment. There was no second. It was noted that a complaint of non-compliance had been issued to JRM from DEP. This information will be taken into account when their request for a special permit is received by the board. Notice was given that a meeting of the Board will be held in Wilmington at DEP headquarters on Thursday, May 3 1"at 2 p.m. Matt Kozazcki, owner of Tendercrop Farm spoke of his petition asking for a vote at STM to stop Newburyport from taking land by eminent domain in Newbury and asked if the IMA will be approved prior to STM. Mr. Tevald stated that the IMA is not subject to a vote of the town and the original language had been drafted by DEP to off set some other considerations. Mr. Doyle stated he would not sign a revised IMA without some changes and he questioned CDM's project reports on the water/sewer project as well as the landfill. , The status of the "special legislation was discussed. Mr. Tevald noted that it was not finalized and he hoped to hav6 something final prior to STM. Home rule was briefly discussed and it was suggested that the petition be printed in the news when finalized. Mr. Mountain noted that while home rule might give the town more power in some areg4, the pros and cons should be weighed very carefully. The meeting was adjourned at 8:30 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 12, 2001 Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and Mike Doyle were present. The warrant for the Special Town Meeting to be held on 6/26/01 was reviewed and signed by the Selectmen and will be posted by Constable Cunningham. Mr. Tevald voiced his objection to statements made by Mr. Doyle at the 5/29 meeting and in the news regarding the executive session. Mr. Tevald stated that Mr. Doyle did not get up and leave the meeting as he stated, everyone left together after adjournment and during the course of the session Mr. Doyle made no objections to the context of the meeting. 147 Selectmen's Meeting (cont'd) June 12, 2001 Mr. Tevald asked the Board for a vote to convene in executive session after the close of the Selectmen's meeting to review and vote on the minutes of the 5/22/01 session. The Board was polled: Mr. Adams, yes; Mr. Tevald, yes; Mr. Doyle, no not until I speak with my lawyer. The Board will re-convene in open session after the close of the executive session. At 7:45 p.m. the legal notice for bids on the town hall septic system was read by Chairman Tevald. The bids were opened and read. Four bids were received: P.A. Wilkinson$22,450; Stuart Dalzell 23,800, J. Sullivan Construction Corp. 19,880; and Boraczek Septic &Drain$25,952.50. J. Sullivan Construction Corp. being low bidder will be awarded the job. A mortgage discharge for Misenheimer, 13 Orchard Street, Byfield for payment in full of their septic loan was signed by the Selectmen. A one-year contract was signed with AMR Ambulance Service in the amount of $28,000/year as an interim measure while Protection Co. #2 becomes certified in all aspects of ambulance service. A request for use of the Upper Green on August 25 & 26 for a 50-mile rest stop for the North Shore Cyclists Century Ride was approved as moved by Selectman Adams and seconded by Selectman Doyle. A request from Rosemary Loveday of 3-35`h St. for two portable landfill stickers with no landfill privileges was discussed and taken under advisement. Chief Merry was asked to examine the site to determine the problem. Chief Merry stated he would be reluctant to set a precedent by issuing these permits but would try to speak with Ms. Loveday and would inspect the site and report back to the Selectmen. Ms. Loveday was not present at the meeting. The following appointments were approved for the Harbormaster department: Chief Harbormaster—Glenn Gavin Assistants—Michael Burke, Robert Watson, Christopher Chaisson and Eric W. Haggstrom Reserves—Richard Olsen and Russell Stiles Chief Harbormaster Emeritus—Donald Rowell Deputy Harbormaster Emeritus—Andrew Avelis Sr. A letter from Jonathan Wells regarding the possibility of setting up a"swap shop" at the landfill recycling area was discussed and taken under advisement for future consideration if proper facilities'are available. A letter from Nancy Jones regarding dogs on the beach was read and discussed. Mr. Tevald asked the ACO for comments on the enforcement of total restriction on the beach. Ms. Larocque advised that it was logistically not possible to enforce. Chief Merry stated that total restriction had been previously suggested and the compromise with time limits of 9 a.m. to 5 p.m. was implemented due to negative comments from residents who have dogs. The ACO was asked to check with neighboring town to see how effective their regulations are and to report back to the Board. It was moved by Selectman Adams and, seconded by Selectman Doyle to take the suggestion under advisement until more information can be obtained. At 8 p.m. the legal notice for a public hearing was read for Kozazcki, 41 Parker Street, for a business kennel license. Mr. Kozazcki was advised that a business kennel license must state a specific number of dogs. The maximum capacity was set at 20 not including puppies. Mr. Kozazcki was asked to submit a blueprint of the kennel to the Board for their records. The hearing was closed for discussion and reopened as moved by Selectman Adams and seconded by Selectman Doyle. Selectman Adams moved to grant 149 Selectmen's Meeting(cont'd) June 12, 2001 the business kennel license for 20 dogs upon receipt of a blueprint of the building and recommended periodic inspections, seconded by Selectman Doyle. Appointments were approved for counselors for the summer recreation program for the following persons: Director—Ed Suprin Sr. Counselors—Jessica Murphy, Sharon Smart,Marion Christensen, Jenn Locke, Jeff Magner Jr. Counselors—Kierra Clemenzi,Neil O'Malley,Nikki Wetenkamp, Jeff Christensen, Jacob Salley, Katie Younes, Danielle Kane, Kelsey Shamano CIT's—Amelia Random, Chris Gulino, Frank Wetenkamp, and Jackie Murphy Notice was given that a special informational meeting on landfill options will be held at the Firemen' Memorial Hall on June 2 1"at 7 p.m. A possible discrepancy in the number of gallons of leachate pumped by Windriver Environmental from the tanks at the landfill was discussed. CDM will be asked to do an inspection and the pumping company will be asked to have a town representative present whenever the tanks at the landfill are pumped. The tanks will be monitored by the highway department. Steve Smith asked to again address permits for JRM. Counsel advised that the town could either sue the company or allow time for them to come into compliance with the town bylaws. To date we have chosen the later. Any and all reported violations have been inspected by the necessary entities. Mr. Smith also asked about a possible extension of time for the MEPA draft EIR meeting. He was advised that the purpose of the meeting was to inform the public as to the contents of the EIR and then MEPA will receive comments from the public for about a two week period. All remarks or comments should be made directly to MEPA at the address provided. James Gormley suggested that a citizens committee be formed to look at options for the landfill. Mr. Tevald advised that after the informational meeting the town will be looking for input from the citizens. John Aston was given permission to temporarily reside at the Byfield Yellow School as maintenance man to prevent vandalism. The Board of Directors of the Yellow School Center for the Arts will be voting on this proposal at their meeting of 6/12. A letter from Page Insurance was presented stating that an on-site manager in the building would not violate the terms and conditions of the current insurance policies for the town. At 9 p.m. the Selectmen's meeting was adjourned and a five minute recess was called to allow the Selectmen to meet in executive session for review of the minutes of the 5/22 session. At 9:10 p.m. the Board of Health meeting was called to order as moved by Selectman Adams and seconded by Selectman Doyle. Wendy Kimball Murray presented a plan for.19 Middle Road for septic repair/upgrade with five local upgrade requests. Mr. Leahy of Millennium Engineering stated the site shown on the plan was the only site available on the lot for a system. It was moved to accept the plan as submitted subject to review by DEP and their opinion regarding the number of local upgrade requests permitted for one property. At 9:15 p.m. the BOH meeting was briefly closed and the BOS meeting reopened to hear Gregg Pugh of Mad Martha's. Mad Martha's is a BYOB establishment with no record of incidents. Mr. Pugh stated that loss of this privilege would be devastating to his business. Mr. Tevald stated that as there are no town regulations on the subject, Mad Martha's would be allowed to continue with their policy subject to a six month probation period. If regulations should come into being inthe interim, Mad Martha's would be subject to 151 i, �j j ✓ f r, 133 Selectmen's Meeting(cont'd) June 12, 2001 these regulations. It was moved to adjourn the BOS meeting and to reopen the BOH meeting. A plan for a new system for 5 Newman Road with revisions moving the leach field away from the Parker River was approved as submitted. A plan for a new system at 26 Middle Road was taken under advisement until the lot is defined subject to contact with the engineer. A plan for a new system at 14 5 V Street was tabled until the next meeting after the DEP rules on the criteria of the nitrogen loading area. Plans for repair/upgrade of the system at 18 Parker River Drive was approved subject to Wendy's final check off of items required, as moved by Selectman Adams and seconded by Selectman Doyle. A plan for repair of the system at 3 River Street was denied as presented and will be reviewed with DEP. A plan for repair of the system at 8 Scotland Hts. Drive was also denied subject to review with DEP. A plan for a new system at 42 Central Street was tabled until the water line is delineated on the plan by the engineering firm. A request to waive fees was approved as moved by Selectman Adams and seconded by Selectman Doyle. A plan for repair/upgrade to the system at 8 Lenway was approved as presented as moved by Selectman Adams and seconded by Selectman Doyle. A plan for repair/upgrade of the system at 82 Central Street was approved as submitted as moved by Selectman Adams and seconded by Selectman Doyle. A plan for repair/upgrade of the system at 48 Hay Street with one local upgrade request to reduce separation from ground water from 4' to 3' was approved as submitted. A plan for a new system at 55 Fatherland Drive was approved as submitted. A plan for a new system at 43 Fatherland drive was approved as submitted. A plan for repair/upgrade of the system at 80 Main street with one local upgrade request to reduce ground water separation from 5' to 4' was approved as submitted. A request from CDM for permission to apply to the Commonwealth of Massachusetts for a variance to omit the construction of two bathroom facilities to one unisex facility (handicap accessible) at the proposed P.I. Utility Service Station was approved. A letter from the board with the application and fee will be submitted to the state. A possible septic failure issue at 4 Rolfe's Lane was addressed. Dr. Sherman presented a deed for an easement for their septic system on the adjacent lot. Dr. Sherman was asked not to pump his tank for a four month period during which time the system will be monitored for possible failure. Health Agent Wendy Kimball Murray asked the board to review the files on 19-12Ih Street (Novak) so that a decision on this property can be made. Renovations at 20 Hutchins Terrace were approved. All permits and agreements are in place. Renovations at 10-20'h Street were taken under advisement pending receipt of additional documentation and new plans. 155 Selectmen's meeting (cont'd) June 12, 2001 The new owners of 111 Northern Boulevard were asked to have a new"as built" drawn to insure the integrity of installed septic system. A well will also have to be sited at least 80' from the SAS and a water test submitted for our files. Subject to these stipulations approval was given for the construction of a four bedroom home on this site. A request for the addition of an office at 87 Larkin Road was tabled subject to proof that the current system can support the flow increase of 75 gallons per 1000 sq/ft of office space. A letter will be drafted to residents of 16 Annapolis Way advising them of high nitrate levels in their water in accordance with a Title V inspection conducted at this address. Renovation of the building at 19 Old Rowley Road was approved as presented. A procedure list for renovation on Plum Island was presented to the board for approval and or suggestions for additions or deletions. The six step procedure was approved by the board as presented. Ms. Kimball Murray urged the board to be firm about time limits for the agenda and asked for their support. An ad from the Daily News advertising a"taste of Plum Island"to be held at PITA hall on June 151h was discussed and a BOH inspection will be conducted prior to this event. The meeting was adjourned at 11 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 10, 2001 Chairman Tevald opened the meeting at 7:45 p.m. Selectmen Alan I. Adams and Mike Doyle were present. A contract for FY02 with Home Care Inc.of Newburyport in the amount of$4,336.71 was signed by the Selectmen as moved by Selectman Adams and seconded by Selectman Doyle. A new license for Jonathan Berg d/b/a Newbury Family Chiropractic @ 89 Hanover Street was approved as moved by Selectman Adams and seconded by Selectman Doyle. The Board acknowledged receipt of FY00 revenue sharing check from the Parker River National Wildlife Refuge in the amount of$84,666. Chief Merry reported on his investigation of a request from Rosemary Loveday of 3-351h Street for portable parking stickers. He stated that the property was rented for the month so he could not reach Ms. Loveday personally, but she definitely has a problem. What was once her driveway is now a vegetated sand dune. He suggested that workmen and renters at 3-35`h Street place a sign on their dashboard stating the circumstances of their parking on Northern Blvd. and the desk at the station be notified. If a ticket is then issued 157 Selectmen's Meeting (cont'd) July 10, 2001 in error it can be corrected by the Parking Clerk. Chief Merry also suggested that Ms. Loveday check with the Conservation Commission to see if the drive can be reclaimed. The board agreed with this solution rather than setting a precedent by issuing mobile stickers. The board voted unanimously to release an option to purchase property located at 176 Elm Street,owner of record Gail Kochackian. Dick Passeri, Chair of the Recreation Committee updated the board on the master plan for the Kent Way and Central Street parcels. The architectural firm, Huntress& Assoc. of Andover have developed recommendations for use of the parcels and will develop construction plans, bids, and follow through on the construction process. He explained that monies were not available to complete the master plan so the work would be done over a period of time. Questions were fielded from the audience and Mr. Passeri was thanked by the board for his presentation and time. Mitchell Pease addressed the board regarding ongoing trash hauling and leachate pumping expenses being taken from-bond monies for mining and lining the landfill. He suggested that it was improper use of funds and presented a letter to the board which was taken under advisement as moved by Selectman Tevald and seconded by Selectman Doyle. Jayne Peng proposed a citizen task force to study Newbury's water and waste water issues. The proposal was tabled pending receipt of more information from Ms. Peng Police appointments for 2002 were read and approved. On the recommendation of Chief Merry, April Clirizia was appointed as a reserve officer for a one year term and Kristen Cappello was appointed full time lifeguard for the 2001 summer season as moved by Selectman Adams and seconded by Selectman Doyle. On the recommendation of Doug Packer, Chair of the Conservation Commission, Steve Fram of Byfield was appointed to a 3 year term on the Conservation Commission as moved by Selectman Adams and seconded by Selectman Doyle. Town appointments for 2002 were approved except for a hold put on Town Counsel's appointment by Selectman Doyle. Mr. Doyle moved to table Mr. Lagoulis' appointment with no second. After a brief discussion, it was moved by Selectman Tevald and seconded by Selectman Doyle to appoint Counsel for a six month term to be reconsidered at that time. Selectman Adams voted no to the change from one year to six months. A CDM contract amendment for the landfill was discussed. Selectmen Tevald and Adams noted the-town was in a crunch with DEP time lines as outlined in the ACO. Selectman Doyle stated he had spoken with Madelyn Morris of DEP and these deadlines could be waived. It was proposed that the amendment be approved through task 16(the ISA/CSA process) and then re-evaluate closure and look at the possibility of bidding that portion. The contract amendment was finally tabled until Thursday, July 261h when a meeting is scheduled with CDM at 10:30 a.m. Selectman Adams reiterated his disagreement with postponement of signing the contract. A notice from the Local Election Review Commission approving the division of Newbury into two voting precincts effective 12/31/01 was read and accepted. A p&s for computer equipment for Triton(voted at the ATM of 4/24/01) was signed by the Selectmen. An audio tape of the 5/22 Selectmen's meeting will be submitted to the DA's office for review to reaffirm or correct the minutes of the meeting. 159 Selectmen's Meeting (cont'd) July 10, 2001 Carol Larocque reported on her findings from neighboring towns regarding dogs on the beach. Her report was taken under advisement and Carol was asked to continue monitoring the beach area and responding to calls there. Attorney Lagoulis requested authorization from the board to proceed against Newbury Trucking and JRM. It was decided to wait on JRM until recent DEP tests results were made available to the board. It was moved by Selectman Doyle and seconded by Selectman Adams to have Counsel proceed against Newbury Trucking. The Board of Selectmen's meeting was adjourned at 9:40 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. The Board of Health meeting was opened at 9:45 p.m. by Selectman Tevald. Health Agent, Wendy Kimball Murray presented the following items for review and approval. 21 Rolfe's Lane—The Board approved as submitted a request for an addition of a pool cabana with toilet and sink to be tied into the existing septic system. A letter from their engineer substantiated the system was adequate for the additional flow. 4 Riverfront Drive—A request to site a new well was continued to the next meeting for want of additional information regarding location of the well and separation distance from the SAS. 250 High Road—A request for a copy of a letter from the wiring inspector regarding a recent housing issue will be addressed when Mr. Robitaille's letter is received by the health agent. It will then be forwarded to Mr. Blackwood of 250 High Road. Scotland Road (Blackwell property)—A request from developer J. Rausch to enable him to use soil documentation from 1999 for current plans because he has been held up by pending open space (cluster zoning)bylaws was discussed. The board agreed that Mr. Rausch should not be penalized by these proceedings and he was granted an extension of time until cluster zoning is in place. At that time the area and any topographic changes may be re-evaluated if necessary. 22-12`h Street—A permit was granted for a two bedroom septic plan with appropriate deed restriction and a receipt of a signed and recorded enforceable schedule for connection to water/sewer as moved by Selectman Tevald and seconded by Selectman Doyle. 15-Fordham Way—The Board voted to allow the owner to proceed with a three bedroom septic design and respective Counsels, DEP, and the Board will meet to discuss transition rules criteria. 14-51"Street—A request was approved to set a meeting time with Counsels, DEP and the Board to discuss transition rules criteria pertaining to this property. 111 Northern Blvd. —A letter was accepted from John Hartnett, installer of record of the new system upgrade on this property. The letter certified the integrity of the system which had been in question due to the demolition of the building on that site. The new owner, Mr. Tolosko, will be allowed to site a new well 80' from the SAS as this is an upgrade for the replacement of a structure. The Board requested the submittal of a water test when the well is in place. 19-12th Street—This is an ongoing situation. Owner will be asked to attend the next meeting for a final decision subject to submittal of all necessary paper work including an affidavit of occupancy and a coy of the recent conservation commission decision. Selectmen's Meeting (cont'd) July 10, 2001 66 Cottage Road—the Title 5 inspection report needs further review due to well problems. A new deeper well has been proposed and can be sited approximately 63' from the SAS and more than 50' from the neighbors. 5 Davoli Way—At the request of DEP, abutters wells were tested. One property did not pass but his own system is closer to the well point than that of 5 Davoli Way. The failing property will be asked to relocate their well point and have a new water test. The owners of 5 Davoli Way were requested to file an enforceable schedule for water/sewer signed by both buyer and seller. I 1-49 h Street—VOC water test results needed to complete documentation to satisfy DEP. 16-Annapolis Way—Property failed Title 5 inspection due to water test results. Notification to be sent to owners stating water not fit for human consumption, owners must contract for potable water from an outside source, and signed enforceable schedule for water/sewer to be signed. 20 P.I. Blvd.—Owner has documentation in place including signed form that dry well has been repaired in place,letter signed acknowledging questionable water and enforceable schedule. Dave Ferris of DEP stated that if there is no harm or threat to public health the ACO allows the sale of a property that fails Title 5 to go forward. A letter will be.signed by the BOH stating that all documentation is in place and sale may go forward. 10 Southern Blvd. —Renovation plans were approved as submitted, all documentation being in place. Structure will remain a two bedroom home and renovations will not extend beyond the existing footprint. 20 Old Point Road—Renovation plans were approved with all documentation except for enforceable schedule for water/sewer. Owner argued that his system is not in failure and by signing the enforceable schedule he is stating that his system has failed or in not in compliance. He asked for a waiver not to sign this form. Attorney Lagoulis stated that the ACO will make everyone tie into the water/sewer system when it becomes available so it may not be necessary for him to sign this form. 10-20d' Street—Owner also requested a waiver from signing the enforceable schedule as he was proposing no increase in bedrooms and no increase in flow and he had a Title 5 report on file from 1998. Mr. Ferris stated that Title 5 inspection reports need to be within a two year time frame (three years with yearly pumping records). Therefore, the owner would need to have a current Title 5 inspection report done for this property. 5 Lenway Road—A septic repair/upgrade with one local upgrade request to reduce groundwater separation from 4'to 3' was approved as submitted. '26 Middle:Road—A new septic system for a commercial building was approved as submitted subject to proof of compliance with the commercial zoning bylaws. Middle=Road-(Tree Farm Lane)—Septic system plans approved as submitted for a four bedroom system for new residential construction with a well. 8 Scotla -Drive-A plan for repair/upgrade of the septic system was submitted with a qu ► ieation. Mr. Ferris recommended a deed restriction to have the well tested SAS was not impacting the well. It was also suggested that the doscv The plan was approved pending new calculations on dosing and t tion for annual water testing with reports to the BOH. 163 Selectmen's Meeting (cont'd) July 10, 2001 19 Middle Road—A plan for repair/upgrade of the septic system with five upgrade requests was reviewed by DEP. Mr. Ferris noted that a second deep hole was needed and should be reflected on the plan. The engineer and the BOH agreed to visit the site the following day to conduct a second deep hole test. The system was approved subject to the submittal of a revised plan showing two deep holes. 8 South Pond Street—A plan was approved for the repair/upgrade of the septic system to support a three bedroom home. The existing home is currently two bedrooms. 168 High Road—A plan was approved as submitted for the repair/upgrade of a system with two local upgrade requests to reduce the setback from the SAS to the cellar wall from 20' to 18' and to reduce the setback to BVW from 50' to 8' subject to the filing of a notice of intent with the conservation commission. 16-Boston Road—A plan for repair/upgrade of the septic system with three local upgrade requests to reduce the SAS by 50%using microfast treatment,reduce the cellar setback from 10' to 6' and to reduce the SAS setback from the cellar from 20' to 17' was reviewed. A plan revision was submitted at the meeting showing elevations of the retaining walls which had been omitted on the original plan. Pending review of this revised plan by the health agent,the plan will be addressed at the meeting of 8/14. 1 Parker Street . A plan for repair/upgrade of a septic system with two local upgrade requests to reduce groundwater separation from 5' to 4' and to reduce the side slope from 15' to 5' using a membrane was approved as submitted. 42 Central Street—The septic plans for the new fire station in Byfield was tabled until new plans are received and questions about floor drains in the building are answered. A request from Newburyport asking for information on P.I. building permits was tabled until discussed further with Brendan O'Reagan. A request was granted to allow health agent, Wendy Kimball Murray to be present at PITA Hall on Wednesday, August 8t' for an informational meeting to answer health questions along with Newburyport's health agent and Judy Anderson of Home Care Inc. of Newburyport. The meeting was adjourned at 12:12 a.m. as moved by Selectman Adams and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 26, 2001 A working meeting was held with CDM to discuss the new amendment to the contract. Present were Selectmen Tevald, Adams and Kyle, John Donovan and Chris Koehler of CDM and Counsel James Lagoulis. The meeting was opened at 10:35 a.m. by Selectman Tevald. The purpose of the,meeting was to discuss the present contract and tasks remaining, review the amendment and address the progress of the 8/1/01 deadline for submittal of a solid waste proposal to DEP. Mr. Donovan stated that the Town must also decide on an option for solid waste disposal and move forward with cap &closure procedures. 165 Selectmen's Meeting (cont'd) July 26, 2001 Mr. Donovan and Mr. Koehler reviewed amendment#1 and discussed the remaining uncompleted tasks in the original contract. Mr. Tevald asked Counsel if he had heard from DEP and Mr. Lagoulis stated only the letter of July 13th from Ms. Morris stating that the 8/1 deadline was definite. Mr. Doyle spoke of the 7/24 informational session he held on landfill options and the straw vote that was taken showing almost unanimous approval of a transfer station which allows commercial haulers. He stated he was not satisfied with CDM's performance and did not know if the town was getting its monies worth from them. Mr. Donovan stated he felt CDM had done a good job with what they had been given as there was originally no input from DEP and a lot has happened since the first contract was drafted and signed. Mr. Donovan was asked to generate a letter citing the tasks still owed the town from previous contracts and to revise the proposed amendment#1. Due to time constraints the Board agreed to review these documents and sign the revised contract on Monday, July 30th at 8 a.m. Wood chip sampling, uses and/or removal, leachate collection, solid waste options and policing the landfill were also discussed. Mr. Doyle suggested he was willing to open bags at the landfill to inspect for outside trash and recyclables. Mr. Mello and Mr. Davis (local haulers) were asked to speak briefly on the transfer option vs. curbside collection. Upon the elimination of most options on the table it was unanimously voted to move ahead with a proposal to DEP for a transfer station sited on Boston Road which allows commercial haulers to dump in-town trash only and to start the procedure for cap and closure. The meeting was adjourned at 12:20 p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING AUGUST 6, 2001 At 10:45 a.m. a meeting was held with Selectmen Tevald and Adams, Treasurer-Caftan and Alan Tosti of I" South West Companies. Mr. Tosti discussed the towns BANS coming due this week and the refinancing into bonds. He explained our debt service and the approximate 5%0560K) savings for the town by taking advantage of the present economic climate. Eastern Bank and-Corby North Bridge Securities, Inc. will be the two underwriters for thisbonding. The final official statement dated August 1,-2001 for general obligation bonds in the amount of $14, 955,000 may be reviewed in the office of the Treasurer. The documents were signed by the Selectmen, Treasurer and Clerk and stamped with the town seal. The meeting was adjourried.at 11:15 a.m. as moved by Selectman Adams and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary 167 SELECTMEN'S MEETING AUGUST 14, 2001 Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and Michael Doyle were present. Several administrative issues were addressed for the record. A policy was established to provide that all letter and news articles issued from the office of the selectmen will be reviewed by the entire board prior to release. The board also agreed to document any official calls or meetings-they attend on behalf of the town. Selectmen Tevald advised Selectman Doyle that he could not assign a private citizen to stand in for him at town business meetings. The case of Mr. Pease sitting in for Mr. Doyle at a recent CDM meeting when Mr. Doyle had to leave for physical therapy appointment was cited. Mr. Doyle corrected the records at this meeting. He stated that his business with CDM was completed when he left the meeting and CDM agreed to stay to answer some concerns/questions from Mr. Pease. Mr. Doyle stated he would get a letter from Mr. Donovan of CDM corroborating this statement. The board discussed their budgeted salary account. Jeffery Baker of Plum Island Tpke. spoke in favor of an even distribution of monies. Selectman Doyle apologized to Selectman Adams for a recent statement in the news questioning Mr. Adams' contribution to the board. It was moved and seconded to divide the $15,000 evenly with Mr. Adams voting present. A new license was approved for Sandra Schauer and Cynthia Erekson d/b/a The Quilted Acorn Shoppe at 72 Newburyport Turnpike as moved by Selectman Adams and seconded by Selectman Doyle. On the recommendation of Forest Warden-H. Verne Noyes III the following persons were appointed for FY02: Forest Warden H. Verne Noyes III; Deputies.—William Pearson, David W. Foley, Michael Bulgaris, Gordon C. Taylor and Wallace J. Ziehler. On the recommendation of the Superintendent of Schools Garry Murphy, the following persons were appointed as enforcement agents for Triton's tobacco bylaw for the 2001/2002 school year: David Riley, Carol Christie, Kathryn Dawe, Michael Harvey, Robert Manseau, Elizabeth McAndrews and Stephen Spanger. Conflicting recommendations from the Chief of the Fire Engineers and Protection Fire Co. #2 for appointments to the Board of Fire Engineers were discussed. Mr. Foley of Protection Fire Co. #2 suggested that Verne Noyes be asked to step down from the board because of his age. Selectman Doyle moved to accept the recommendation of Fire Co. #2 with no second. The Board of Fire Engineers will be asked to attend the next selectmen's meeting to work out the number fo members to be on the board and persons to be appointed. A request from Triton Youth Hockey for permission to conduct tag days at local businesses from September 13 to 16 was approved as moved by Selectman Adams and seconded by Selectman Doyle. A request from Dan Tymann for use of the Upper Green on Saturday, September 8`h from 10 a.m. to 5 p.m. for the Byfield Parish Church annual retreat weekend activities was approved as moved by Selectman Doyle and seconded by Selectman Adams. At the request of Selectman Doyle, Jim Motzkin of JRM and his attorney Michelle Harrison were in attendance to address pending issues. Ms. Harrison advised that an enforcement conference had been scheduled with DEP for August 23`d and they had been working with Apple Assoc. on a drainage and storm water management plan for the business. At the request of Mr: Packer of the Conservation Commission all work has stopped except for general maintenance and clean up. Mr. Motzkin admitted the having filled in an area of the property which has been questioned as a possible wetland site. Mr. Doyle expressed interest in being present at the enforcement conference with DEP if 9 and was advised by Mr. Ferris that these meetings are not held in a public forum. Ms. Harrison advised that all concerns would be answered through the special permitting process after the meeting with DEP. Bill Dow representing the Newbury/Byfield Little League, addressed the board regarding irrigation of Pearson field and the health and safety issued of dogs on the field. The selectmen were unanimous in their support of requesting the Recreation Committee investigate the drilling of a well on the Kent Way property as soon as possible to be used by the entire complex. In the interim Mr. Dow will ask the library for some relief in allowing the field to be watered and he will set up a schedule with Lois Anderson, Chair of the Library Trustees. Mr. Dow advised that he had been locking the gates to the ball field because of a problem with people allowing their dogs to run loose inside the fence even though it is posted"no dogs allowed". Mr. Clemenzi of the Library Building Committee noted that the field should be open to the public as tax dollars were spent for its construction. It was suggested that the ACO enforce the problem of dogs on the field. Mr. Dow also suggested that the Little League take control of Pearson field including all up-keep and liability. Selectman Tevald advised that he should discuss this proposition with the Recreation Committee at their next meeting and the board will abide by their recommendations. A request from John Dimento of 17 Graham Avenue and six neighbors to have the intersection of Graham Avenue, So. Pond Street and Anchor Way become a four-way stop was approved as moved by Selectman Doyle and seconded by Selectman Adams. Highway Superintendent Tim Leonard will be asked to install appropriate signage as soon as possible. The Selectmen's meeting was adjourned at 8:55 p.m. as moved by Selectman Adams and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH MEETING AUGUST 14, 2001 Chairman Tevald opened the meeting at 9:05 p.m. The Board finalized the contract with CDM with Mr. Doyle's signature being added with a second amendment which makes CDM accountable for tasks and dollar amounts charged. 19-12'h Street—Attorney Paul Novak represented his father, Eugene Novak regarding the replacement of a trailer with a two bedroom home on this lot. He submitted a signed enforceable schedule for water/sewer. He stated that no construction would take place until the water/sewer service to P.I. was in place. If this did not occur they would then come back to the board for approval of previously submitted septic plans which have been reviewed by the BOH and DEP. A recent Conservation Commission decision for this property is being appealed and will be fought in court, he stated. A discussion with Mr. Ferris of DEP endued regarding proof of an existing system on this property and the transition rules. Mr. Ferris advised that DEP had not approved septic designs for this property. It is the onus of the property owner to prove whether he is entitled to an upgrade or must comply with new construction regulations. Mr. Ferris stated it would be inappropriate for the town to allow construction based on the possibility of water/sewer service coming to P.I. and no approvals should be given until the PIOD is in place. Mr. Novak advised that he was only asking for equal treatment and could foresee his civil rights being violated by the abutters. These persons have multiple violations on their own properties he stated and he planned to file complaints against Ms. Enos and Mr. Mangion immediately for action by the DEP. Mr. Mangion stated he felt as though he were being coerced. The Board voted to table the project at this time due to the appeal of 171 the Conservation Commission decision and the information on hand, as moved by Selectman Doyle and seconded by Selectman Adams. 15 Fordham Way—The Board agreed to set a date for a meeting (possibly 8/21 or 8/28) with Counsels, DEP, and the Selectmen to further discuss building on this property. Atty. Lagoulis will advise date when set. 14-51' Street—A meeting will be scheduled for the same day as above to also discuss building on this property. Lots J6-I/J6-5 Annapolis Way West—Pending the outcome of the engineer's submission of require paperwork to DEP, either a meeting will be scheduled along with 15 Fordham and 14-51St Street or the situation will be resolved. 25 High Road—It was voted unanimously by the Board to abandon the septic tank under the cells and to have an alarm and grinder pump installed from the cells to the new system on this property. Approval was also given to install stairs from the side parking lot over the field to the front lot. 5 Davoli Way—On the recommendation of the health agent, procedures will be maintained for documentation and no waivers will be given for sales or renovations of properties as moved by Selectman Doyle and seconded by Selectman Adams. 113 South Street—The Board voted to accept the passing Title V inspection report for this property which supercedes the "needs further evaluation"report as moved by Selectman Doyle and seconded by Selectman Adams. 22-12th Street—The Board voted to proceed with a two bedroom deed restriction for this property and they signed the enforceable schedule for water/sewer, both which must be recorded at the Registry of Deeds. Mr. Leahy of Millennium Engineering submitted a letter to the Conservation Commission which he had drafted for the Board to review and if deemed appropriated will be forwarded to the commission to continue the project. 4 Riverfront—A new well for this property was approved contingent on receipt of a deeded easement from Mr. Barton and engineering plans siting the well by the next BOH meeting. I I-49`h Street—It was moved by Selectman Doyle and seconded by Selectman Adams to approved the Title V inspection report on this property with the submittal of a VOC water test. A letter will be issued from the Board stating that all documents are in place and the Title V inspection passed. 9 Larkin Road—For the record, Ms. Kimball Murray advised-that multiple perc tests had been attempted on this site and failed. Suggestions for alternatives other than a tight tank will be gratefully accepted. Selectman Tevald and Mr. Ferris agreed that drip irrigation might be a possibility depending on the soils. Mr. Ferris suggested contacting Ron White in the Boston DEP office for new innovations. 31 Orchard Street—Requested renovations with conflicting number of rooms. Owner is looking for three bedrooms and septic plans on file show tank and field to support a three bedroom home but no "as built"plan. Title V inspection only shows tank size to D-box. Neighbor John Clemenzi stated he would vouch for there being two leach fields off the D-box. Selectman Tevald stated it would be helpful to get the dimensions on the fields and have a complete "as built"plan on file. The Board voted to request the engineer excavate to determine the size of the existing fields and submit an"as built"plan of the system. The health agent was also asked to do a walk through of the house to determine the current number of rooms. 86 Central Street—The Board approved building plans for the renovation and enlargement of the kitchen and addition of a half bath providing there is no change in the number of rooms. 173 81 High Road—Building plans for the addition of a second living area were approved and signed by the Board based on septic plans for a four bedroom structure. 18 Hanover Street—Building plans for the addition of a third bedroom were approved and signed by the Board based on septic plans on file for a three bedroom structure. 10-2& Street—A new form for connection to water/sewer will be submitted excluding the statement that the septic system is in failure for properties that pass a Title V inspection on P.I. A Title V inspection report must still be submitted along with this document for sales or renovations. 10 Southern Blvd. —Renovation plans were approved pending receipt of a recorded deed restriction for two bedrooms and a recorded enforceable schedule for water/sewer. 3-32"d Street—Renovation plans to be submitted after repairs in place of septic tank. Board requires an as build sketch of location of tank and tie-offs and also a signed enforceable schedule for water/sewer prior to approval of renovation. 1 O'Connors Court—Building plans for an addition to the kitchen were approved and signed by the Board based on receipt of a Title V inspection report showing four bedroom capacity, water report and signed enforceable schedule for water/sewer. 87 Larkin Road—Revised septic plans do not support the addition of an office. Further work is needed to show that the increased flow can be handled by the existing system. 11-54`h Street—Building plans for a three bedroom structure were approved and signed by the Board, all documents being in place. 59 Northern Boulevard—Building plans for a renovation, no additional rooms, were approved and signed by the Board, all documents being in place. 56R Central Street—It was moved by Selectman Doyle and seconded by Selectman Adams to approve a new septic system plan contingent on the filing of a notice of intent with the Conservation Commission. 253 High Road—The septic system plan was approved as submitted for new construction as.moved by Selectman Doyle and seconded by Selectman Adams. 257 High Road—It was moved by Selectman Doyle and seconded by Selectman Adams to approve a new septic system plan contingent on the filing for wetland permitting, if necessary, as determined by the Conservation Commission. 128 High Road—The septic system plan was approved as submitted for new construction as moved by Selectman Doyle and seconded by Selectman Adams. Planning Board confirmation of lot separation and Conservation Commission approval received. 15-17 Coleman Road—A revised plan showing relocation of the tanks was approved as submitted as moved by Selectman Doyle and seconded by Selectman Adams. 20 Green Street—A revised septic plan was approved as submitted. Plans revised due to design changes for the house. 3 Olde Town Way—A septic plan for repair/upgrade of the system was approved as submitted for a three bedroom home, no variances requested. 89 Main Street—A septic plan for repair/upgrade of the system with one local upgrade request to reduce groundwater separation from 4' to 3' was tabled due to discrepancies with the number of bedrooms. A walk through will scheduled to verify the number of rooms prior to approval of this plan. 175 61 Pearson Drive—A septic plan for repair/upgrade of the system with one local upgrade request to reduce groundwater separation from 5' to 4' was approved as submitted for a four bedroom home. 16 Boston Road—A septic plan submitted for a Fast System needs DEP approval and a letter from the BOH granting a variance for one deep hole. The Board voted to grant this variance for one deep hole and will submit the plans to DEP for final approval. 101 High Road—A septic plan for repair/upgrade of the system with one local upgrade request to reduce the cellar wall setback from 20' to 15' was approved as submitted. 4 Tory Lane—A septic plan for repair/upgrade of the system with one local upgrade request to reduce groundwater separation from 5' to 4' was approved as submitted. 109 Main Street—A septic plan for repair/upgrade of the system with two local upgrade requests to reduce groundwater separation from 4' to 3' and to reduce the cellar wall setback from 20' to 15' was approved as submitted, subject to the filing of a notice of intend with the Conservation Commission as moved by Selectman Doyle and seconded by Selectman Adams. Ms. Kimball Murray discussed camp licensing, retail food establishments and swimming pools. It was voted unanimously by the Board to authorize the health agent to draft the necessary forms and set a fee schedule for inspections for January submission to the establishments. A new installer's license for Val-Mac Construction of Ipswich, owner Louis Vlahos was approved contingent on the receipt of reports from the health agent of Boxford, Topsfield and Ipswich where Mr. Vlahos currently holds licenses. Mr. Smith inquired as to why the health agent cannot approve most of the applications before the board and was told that the double work was done to comply with the consent order. Mr. Garand accused the highway department of crushing refrigerators before removal of freon. Selectman Tevald advised that he would contact the highway department to check on this practice. The meeting was adjourned at 11:57 p.m. as moved by Selectman Tevald and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING AUGUST 28, 2001 Chairman Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The legal notice for a pole hearing was read by Chairman Tevald and the hearing was opened. David English, representative of Mass Electric, explained plan#662, dated 7/9/01 to place PVC conduit encased in concrete across Harvard Way from the pole to the edge of the road at#16 to provide service to that property. Appearing in opposition- no one. Appearing in favor-Mr. English. The hearing was closed for discussion and reopened as moved by Selectman Adams and seconded by Selectman Doyle. Selectman Adams moved to grant the petition as submitted, seconded by Selectman Doyle and voted unanimously. 177 At 7:45 p.m. the legal notice for bids for highway equipment and materials was read by Chairman Tevald. Bids were opened and read and will be forwarded to Highway Superintendent Tim Leonard for his review and acceptance. A request from S.P.N.E.A. to hang a banner on the back stop of the Upper Green ball field advertising their Family Harvest Festival at the Spencer-Pierce-Little Farm was approved by the Board as moved by Selectman Adams and seconded by Selectman Doyle. A request for a one-day entertainment license for Atty. May's Beachcomber Restaurant to host blues and folk musicians on Sunday, September 2nd during regular operating hours was approved as moved by Selectman Doyle and seconded by Selectman Adams. At 8:00 p.m. a discussion to address appointments was held with the Board of Fire Engineers. Present were William Pearson, Michael Bulgaris, David Foley, Tim Wareham and Wallace Ziehler. Mr. Pearson stated he did not realize there was a problem until he read in the news the comments made about Verne Noyes. He had recommended a five man board as always and had replaced Mr. MacDonald of Protection Co. #2 with Wallace Ziehler of Protection Co. #2. He stated Mr. Noyes makes good decisions for the whole town and should not be asked to step down. Mr. Bulgaris stated that if there are any changes made in the size of the board,there should be an equal number of members from Fire Co. #1 and#2. Mr. Foley stated that he wanted active members on the board and still thought Verne Noyes should step down. After a lengthy discussion regarding meetings, the size of the board, political payback and chain of command it was decided that the Board of Fire Engineers will be seven members: Dave Foley, Tim Wareham, Wallace Ziehler, Verne Noyes, William Pearson, Michael Bulgaris and a third member from Byfield to be named. These appointments were moved by Selectman Doyle and seconded by Selectman Adams. It was also recommended that regular meetings be scheduled and everyone try to work together for the benefit of the whole town. If this cannot be accomplished, it was suggested that an impartial mediator be called in to address the problems. A proposed PIOD and schedule of hearings was submitted to the Selectmen by the Planning Board for review. It was moved by Selectman Tevald and seconded by Selectman Adams to send the PIOD back to the Planning Board for a public hearing. Selectman Doyle passed. A Special Town Meeting date was set for September 25, 2001 at NES. A request from Protection Fire Co. #2 to hold a voluntary toll to benefit Muscular Dystrophy on September 1" from 8:30 a.m. to 4 p.m. at the intersection of High Road and Hanover St./Role's Lane was approved. A pre-buy contract from Lombardi Oil Co. for heating oil for the 2001-2002 season @ $1.09/gallon was signed by the Selectmen. George Russell of 13 Davoli Way, P.I. spoke about repairs needed to a sea wall in front of his property. A NOI is being filed with the Conservation Commission, but part of this area is town property and he would like to file to repair the whole wall or what is left of it. Following the guidance of the conservation commission, it was voted unanimously to allow Mr. Russell to file the NOI for the entire wall area, including the town portion, as the town will benefit from these repairs. A letter from Steve Smith of 35d' Street was read questioning why a second vote was being scheduled for the PIOD. Atty. Lagoulis replied that there was nothing to prevent reconsideration of a town meeting vote. We owe it to the residents to try to qualify for the low interest funding, said Selectman Tevald. Mr. Kozazcki asked about land taking by eminent domain and was this provision removed from the IMA due to the vote at the last town meeting. He was advised again that the results of that vote only serve as an opinion poll. Selectman Doyle noted that there are Title V problems in other areas of town besides P.I. and we should look into addressing water and sewer for the whole town. I have a problem with Newburyport starting, running and controlling the P.I. project, he stated. Selectman Tevald noted that if the town wants municipal sewer and 179 water they should bring it to town meeting for a vote. I have never discussed this possibility with DEP, perhaps Mr. Doyle has, but it is a long shot, he said. Mr. Garand of Boston Road asked about a cease and desist order issued to JRM by the building inspector and the conservation commission. Selectman Tevald advised that a cease and desist order had never been requested pending the results of reports from DEP. A site visit had been made this date but being unfamiliar with the site they would have to wait to address their questions with the owner tomorrow. Mr. Garand asked about licenses and violations of the town bylaws. Atty. Lagoulis noted that back in June violations were addressed along with what relief might be available to JRM. At that time Mr. Doyle had spoken with Ron Stelline of DEP who was in the process of inspecting the property and we were asked to hold off until that analysis was completed. To date we have not had a report from Mr. Stelline. JRM was advised that relief was needed from ; the zoning issue and if they can get that relief then they may be able to get a license. Mr. Garand asked if the board was going to file a cease & desist. Selectman Tevald stated that if either the building inspector or conservation commission request one the board will serve it. A proposal from John Keville of the Harbormaster's office to work as an assistant computer administrator to set up web pages for the town hall offices and assist with computer problems at a rate of$25/hour for 10 hours per week was approved subject to available funds as moved by Selectman Doyle and seconded by Selectman Tevald. The meeting was adjourned at 9:30 p.m. as moved by Selectman Adams and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING SEPTEMBER 11, 2001 Chairman Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and Michael Doyle were present. Chairman Tevald asked for a moment of silence for the victims of the tragedies in New York and.Washington. Selectman Doyle made a motion to move the meeting to the Firemen's Memorial Hall due to the number of persons present.,seconded by Selectman Adams. A five minute recess will be taken. The meeting was reopened at the Firemen's Memorial Hall at 7:40 p.m. as moved by Selectman Adams,_seconded by Selectman Doyle and voted unanimously. Chairman_ Tevald announced that this was a.Selectmen's meeting not a town meeting and only persons on the agenda wo�ild be allowed to-speak.—Outbursts-from-the audience would not be tolerated. The warrant for the 9/5/01 Special Town Meeting consisting of three articles was reviewed and signed by the Selectmen and will be posted by a Constable. Urs Duhr of Hay Street demanded that the meeting be adjourned and Selectman Doyle agreed that the meeting should be cancelled. Mr. Duhr was cautioned that he would be removed from the building if he continued disrupting the meeting. Selectman Doyle moved to close the meeting, Selectman Adams voted no that the meeting should continue and-the motion was denied. 18�. Selectmen's Meeting (cont'd) September 11, 2001 The Special Act relative to the extension of the municipal sewer and water services to Plum Island consisting of twelve sections was next on the agenda. A brief commotion ensued. After several minutes of discussion, a motion was made by Selectman Adams to approve the Special Act, Selectman-Doyle_voted no,andthe motion was seconded by Chairman Tevald: Two permits for the excavation of 20 Green Street and an excavation from the Georgetown line to 177 Elm Street from Keyspan Energy for new gas services were tabled due to disturbances in the hall and comments from Selectman Doyle. Steve Smith_of P.I. questioned how the warrant of the 25`h will be voted and how the vote would be counted. He was advised that it was at the discretion of the Moderator. He also asked if the recall petition voted at the town meeting of April 24t'had been filed with the Legislature. Selectman Doyle stated he would-file it and invited-the audience to the front of the hall to sign a recall petition against Selectmen Tevald and Adams. After some commotion Chairman Tevald asked-everyone to take the petitions to the rear of the hall so the meeting could be continued. A letter of resignation from the Recreation Committee from Richard Passeri was read and accepted with deep regret. He was thanked for his many years of public service. John Ashton who works with the Yellow School Center for the Arts raised the issue of an old painting that hangs in the Byfield Town Hall. He stated that it needed some repairs and cleaning and he had an expert in the field give him an estimate for this restoration. Selectman Doyle moved to table the project for further investigation, seconded by Selectman Adams. It was suggested that the painting be placed in a safe place until a resolve is reached. The Selectmen's meeting was closed at 8.30 as moved by Selectman Adams and seconded by Selectman Doyle. A brief BOH meeting was called as moved by Selectman Doyle and -seconded by Selectman Adams. A septic plan for MacCaugland of 27 Coleman Road was approved as submitted with a completed check off list from the health agent. The BOH meeting Was closed at 8.35 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING OCTOBER 5, 2001 Chairman Tevald opened the meeting at 9.10 a.m. Selectmen Alan 1. Adams and Michael Doyle were present. A request to the Finance Committee for a-transfer from the Reserve Fund in the amount of$39,114.86 to close out deficit accounts for FY01 was approved as moved by Selectman Adams and seconded by Selectman Doyle. The signed request will be forwarded to the Finance Committee for their final approval. It Was moved by Selectman Doyle and"seconded by Selectman Adams to authorize Chairman Tevald to be signatory for the Town of Newbury on all applications, agreements and documents pertaining to the water/sewer project. The Special Act-will be submitted as voted-to Representative Stanley and Senator-Tarr-to be filed with the Legislature. Selectmen's Meeting (cont'd) October 5, 2001 ' Attorney Lagoulis advised that as stated in his recent letter to the Board, he was disqualifying himself from landfill"issues due to a possible conflict. He offered his help with.interviews of potential counsels in that field. At 9:30 a.m. an executive "session was requested for the purpose of discussing the Newbury Trucking case and the Landfill case, both of which are in various stages of litigation. The discussion of the landfill litigation will require"the presence Of Camp Dresser&McKee representatives, advised Attorney Lagoulis. The Board was polled with the following results: Mr. Adams, yes; Mr. Tevald, yes; and Mr. Doyle, yes. Chairman Tevald advised that the Selectmen's meeting would only reconvene in open session to be adjourned. At 1040 a.m. the meeting was reconvened and adjourned as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING OCTOBER 9, 2001 Chairman Tevald opened the meeting at 7:40 p.m. Selectmen Alan I. Adams and Michael Doyle were present. A letter from Joan Weyburn resigning from the Recreation Committee was read and accepted with deep regret. A letter from the Recreation Committee addressing Little League requests, funding issues and the need for more members was read by Chairman Tevald. Two appointments were approved for the Recreation Committee -Richard Capolupo of Rolfe's Lane and Jeffrey Baker of Pearson Drive, as moved by Selectman Doyle and seconded by Selectman Adams. The committee will be monitored and further appointments made as needed. On the recommendation of Chief Merry the following persons were appointed as reserve officers for the remainder of FY02 as moved by Selectman Doyle and seconded by Selectman Adams-Matthew Passeri, Lawrence Kent, William E. McLaughlin III and Jonathan M. Hubbard. Chief Merry also received permission to reserve a position in the next fulltime academy held by the Mass Criminal Justice Training Council for one of his officers. Chairman Tevald announced that Halloween Trick or Treating will be Wednesday, October 31't from 5-7 p.m. in the Town of Newbury. Chief Merry noted that he had checked with the surrounding towns and they will also be celebrating on this day. A request for a one-day special permit.for the sale of alcoholic beverages for a benefit at PITA Hall on October 27''from 7 p.m. to 12:45 a.m. was approved as moved by Selectman Adams and seconded by Selectman Doyle. The fee will be waived. Purchase orders were signed for technology equipment for NES as part of Article 4 voted at the Town Meeting of April 24t'. Permits from Keyspan Energy to open and excavate Elm Street from the Georgetown line to#177, 20 Green Street, 11 Hay Street, 15 Graham Avenue, 118 Central Street and 50 Fatherland Drive for the installation of gas services were approved as moved by Selectman Doyle and seconded by Selectman Adams. A new license for Lisa Rochelle Klopp d/b/a Klopp Family Chiropractic at t9-F Central Street was approved as moved by Selectman Doyle and seconded by Selectman Adams. Ms. Klopp was present and announced that she would be opening for business Monday, October 15t'. Attorney John W. Humphries representing Mr. &Mrs. Tolosko who are purchasing property at I I I Northern Boulevard, presented the Board with a document to relinquish 185 the Town's rights to a paper road which passes between lots 13 and 14, shown on the old Beach Company plot plans. This document would clarify the situation and prevent any title problems. After a short discussion, the Board voted unanimously to sign the document(extinguishment of paper road)and send it.to Counsel to be approved as to form before releasing it to Attorney Humphries. The Board acknowledged receipt of the Parker River Clean Water Association's 2000 Annual Sampling Report and thanked them for making it available for public viewing. A letter from the United Nations Association of the United States of America was read and acknowledged. A proclamation was issued to the Women's.Crisis Center of Newburyport recognizing October as Domestic Violence Awareness Month. A request from Robert Fennessy of 12 Fruit Street for Newbury to accept a section of Fruit Street as a town road was taken under advisement for further discussions with the Planning Board as to the ramifications of this request on neighboring properties. Mr. Fennessy will be invited back at a later date. Ronald Garand of Boston Road asked about the results of the sampling of the woodchips at the landfill. He was advised.that at this time there in no report for release due to the possibility of further litigation and the need for additional testing to satisfy DEP. Steve Smith of P.I. asked if the investigation of the leachate was still ongoing. Selectman Doyle advised that it is not currently a problem and we will,have io wait for a wet month to investigate further. Mr. Smith also asked about rules for being on the agenda and would a 15 minute period prior to the meeting be instituted. Chairman Tevald advised that the people could have a policy established for a 15 minute pre-meeting session or leave the current policy in place. Many surrounding towns have a 15 minute policy prior to the meetings. Mr. Smith suggested perhaps Newbury could start their own rules. Chairman Tevald noted that our experiences from previous meetings do not suggest that any new policies should be allowed. However,we appreciate your suggestion and if submitted in writing and deemed warranted, a change can be made. Mitchell Pease of Fairview Avenue asked that his questions be withdrawn from the agenda. A letter from Town Clerk Donna Stefanile recommending a position upgrade for Anne Hatheway to Assistant Town Clerk was approved as moved by Selectman Doyle and seconded by,Selectman Adams provided funding for this position has been appropriated in the Town Hall Admin budget. Position upgrade to take effect week beginning October 151h A request for use of the Upper Green by Jayne Peng on behalf of the Island Future's Group for a yard sale on October 20th was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The meeting was adjourned at 8:35 p.m Respectfully submitted, Kathleen Sirois, Secretary 187 SELECTMEN'S MEETING OCTOBER 23, 2001 Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and Michael Doyle were present. A request for use of the Upper Green by Newbury Cub Scout Pack#44 for their annual fall redeemable can and bottle drive on Saturday,November 3, 2001 from 9 a.m. to 12 noon was approved by the Board as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. A request for use of the Upper Green by Newbury Cub Scout Pack#44 for a Veterans appreciation ceremony on Monday,November 11, 2001 at 9 a.m. was approved by the Board as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. A gas permit from Keyspan Energy to open and excavate 294 Main Street for a gas service.from street to building was approved subject to Tim Leonard's supervision as moved by Selectmen Doyle and seconded by Selectman Adams. A purchase order in the amount of$834 was signed for technology equipment for NES. A new license was approved as moved by Selectman Doyle and seconded by Selectman Adams for Blake Langone d/b/a Detailz Unlimited at 61 Main Street, Byfield. Mr. Langone explained that the business would be to detail/clean cars and boats. There would be no sale of parts or autos and no storage of vehicles on site except for those being detailed. This is a permitted use in this location.as verified by the building inspector. A request for a public hearing date for a "special permit" from JRM was tabled until proper documentation and the application for the special permit is received by the Board. A letter will be sent advising JRM of the need for this documentation. It was agreed by the Board that a fine of$200 would be levied against Warren Manter for starting construction on a system prior to obtaining the proper permits at 48 Fatherland Drive. This was moved by Selectman Doyle and seconded by Selectman Adams. Chairman Tevald was recused. A letter will be sent by Attorney Lagoulis advising Mr. Manter of the circumstances. At the request of Jonathan Bursaw a citizens committee was established consisting of Mr. Bursaw, Troy Carr, Paul Ivaska, Jayne Peng and Elizabeth Symanski, as moved by Selectman Doyle and seconded by Selectman Adams,to begin work on fund raising and plans for Fr. Sears Memorial Park on Sunset Boulevard. Nicholas Metcalf of Hay Street questioned.several aspects of CDM's reporting on the landfill. He was advised that no reports.would be released until after a meeting with DEP on the 1'`of November due to the possibility'of litigation. When the Town receives direction from DEP as to our options at the landfill then the sampling reports can be released. Selectman Doyle asked that finance committee appointments be addressed at the next meeting on November 13t'. The meeting was adjourned at 8:05 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 189 SELECTMEN'S MEETING NOVEMBER 13, 2001 Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and Michael Doyle were present. Three gas permits for Keyspan to open and excavate roadways located at 128 High Road, the intersection of Hanover and Walton, and the intersection of Hanover& Walton approximately 300' down Walton and approximately 800' in Maple Terrace were approved as moved by Selectman Doyle and seconded by Selectman Adams. A request from May Sarantos of Atty. May's on P.I. for a one-day private entertainment license from November 17th from 2-6 p,m. was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Marshall Jespersen of the Yellow School Center for the Arts gave a brief overview of the work accomplished to date on the Byfield Grange Hall and future plans for the Byfield School. In order to keep the Selectmen updated on the progress of the project, it was agreed that copies of the minutes of the Center for the Arts Board meetings would be forwarded to them for their review. Mr. Jespersen was thanked by the Selectmen for his report. Stephen Smith read a letter to the Board requesting CDM complete the mapping process of the flood zones on P.I.to delineate the V Zone and asking that DEP provide in writing a decision as to whether or not all of the Basin is to be considered riverfront area. The Board agreed to ask DEP for a determination and will check on the progress of the mapping with CDM. _ Nicholas Metcalfs request to.speak was tabled as he was not present. Jan Loring spoke to the Board concerning unresolved issues regarding Section 12 of the Special Act which allows Newburyport to obtain water rights in Newbury. Mrs. Loring offered some suggestions for the protection of Newbury's natural resources and suggested the possibility of the Old Town Water Commission being reactivated. Chairman Tevald advised that these suggestions would be followed up with our Congressional representatives next week. Mitchell Pease.spoke regarding JRM and a meeting they had with the Newburyport Water Commission and DEP concerning their potential need for city water and sewage and the possibility of establishing a transfer station in Newbury. Selectman Doyle noted that he had confronted DEP on this matter and didn't like the answers he was given by Madelyn Morris. Chairman Tevald questioned why the town had a good faith meeting regarding the landfill and possible transfer station with DEP if they were looking at,the possibility of a larger facility a mile away. JRM permitting will be put in the hands of legal counsel,he advised and Atty. Lagoulis will be instructed to immediately proceed with the filing of a complaint against JRM. Joanne Purinton commented on a recent DEP/CDM meeting in Wilmington. It was her feeling that DEP was not satisfied with the test results presented at this meeting. She suggested that'a group of citizens would like the Parker River tested for water quality. Chairman Tevald advised that DEP and the Town will hold CDM responsible for all requirements to complete their task but the Town will not request costly tests that are not required by DEP'. Ms. Purinton also suggested that a citizens committee be formed for solid waste and the JRM site. She was advised that while it was a good idea,a citizens committee was a little premature until some direction is received from DEP. , y Ron Garand was allowed to speak briefly on JRM although no subject was noted on his request. It was suggested that an article be placed in the Daily News advertising for persons interested in serving on the Personnel Board. 191 The meeting was adjourned at 8:35 p.m. as moved by Selectman Adams and seconded by Selectman Doyle.. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH MEETING NOVEMBER 13, 2001 The meeting was opened at 8:50 p.m.,by Mr. Tevald. Mr. Adams and Mr. Doyle were present. Three plans were reviewed for new construction of septic systems,all with town water and no variances: 1) 174 Elm Street approved as submitted as moved by Mr. Doyle, seconded by Mr. Adams and voted unanimously, 2) 176 Elm Street approved as submitted as moved by Mr.Doyle, seconded by Mr. Adams and voted unanimously, 3) 45 Fatherland Drive approved as submitted as moved by Mr. Adams and secopded by. ; Mr. Doyle. Mr. Tevald abstained from the vote due to a possible conflict of interest. The meeting was adjourned at 9:00 p.m. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH SEPTEMBER 6,2001 Chairman Tevald opened the meeting at 7:35 p.m. Mr. Adams and Mr. Doyle were present. The minutes of the August 10 meeting were read and accepted as moved by Mr. Adams and seconded by Mr. Doyle. 4 Middle Road -A.renovation request was approved as submitted subject to verification that the space above the garage is office space only with a 1/2 bath(no shower or kitchen sink) and cannot be used as living quarters. Notification will be given to the building inspector regarding this office area for his inspection. A title V inspection report and building plans are in place as required. 4-1 Od' Street-A recorded enforceable schedule,water tests and a Title V inspection report are in place. The Title V report shows "NFI" as they were unable to ascertain the location of neighboring well points. The BOH will send notification to the owner that these documents satisfy the requirements for the sale/renovation of this property. 4 Davoli Way-This Title V,inspection report,needs further review as neighboring well points were not located. The enforceable schedule also needs to be signed and recorded. When these documents are finalized a letter will be sent as notification to the owner that the documents satisfy the requirements for the sale/renovation of this property. 25 High Road A proposal for an alarm and grinder pump to be added to the new septic system to remedy the problem of the cells in the police station was approved as submitted. Stairs from the side parking lot to the front of town hall will also be constructed. An addendum to the contract with J.,Sullivan Construction Corp.was suggested stating that all sink holes are to be refilled and compacted as needed. It was moved by Mr. Adams and seconded by Mr. Doyle to approve the contract with this addendum. 193 12-49'h Street-A renovation request for the addition of 440 s/f to the existing structure and the construction of a deck was approved as submitted contingent on the finding of the Conservation Commission. An enforceable schedule,Title V inspection report and water test are all in place. The floor plans for the addition show a total of three bedrooms with an approved septic system for three bedrooms. There will be.no increased flow. 10-20`h Street-A renovation request was approved contingent on the receipt of a signed/recorded enforceable schedule. A new form has been drafted by Atty. Lagoulis for properties whose systems are.not in failure. 4 Riverfront -The plan was approved for a new well as sited by Port Engineering. Water tests are to be submitted when well is drilled. 31 Orchard Street -A renovation request wa#s continued from the last BOH meeting. A walk through was done by the health Agent for the purpose of verifying the room count. A new floor plan submitted shows seven rooms with a living room wall removed for an open space concept. However, criteria for Title V suggests that the existing basement room should also be considered a bedroom. In order to eliminate one.of the criteria for a bedroom it was suggested that the ceiling be lowered to less than seven feet. The renovation plan was approved contingent on the ceiling in the basement being.lowered and the living room divider wall being removed. No occupancy permit will be issued until a walk through is done to verify this agreement has been effected. 8 Lunt Street- A septic repair plan was approved as submitted,no local upgrade requests required for a four bedroom design. 16 Boston Road- A septic repair plan for a pressure dose and FAST system was reviewed. As this is an innovative technology,DEP approval is needed. It was moved by Mr. Doyle and seconded by Mr. Adams to draft a letter from the BOH to.DEP approving one deep hole and the reduction of the field by 50%to be submitted along with the engineers letter and plans for final DEP approval. 89 Main Street-It was moved by Mr.Doyle and seconded by Mr. Adams to approve the septic repair plan as a five bedroom design for this property. A walk through by the health agent showed a room count.of eleven. 96 Orchard Street =A septic repair plan was approved with four local upgrade requests: 1)reduce the property line setback from 10'to 5'5";2) reduce the leach area set back from the slab foundation from 10'to 6'3"; 3) approve the perc rate of 53 minutes per inch; 4) reduce the leach area by 25% for this historic house. Both the conservation commission and the building inspector have given their approval for this project. 16 Maple Street- It was moved by Mr. Doyle and seconded by Mr. Adams to approve the septic plan for a two bedroom design with a recorded deed restriction as submitted. A notice of intent has been filed with the conservation commission and the appeal period has expired. The wetlands have been flagged and the roadway will remain a gravel drive and will not be improved. 69 Central Street-It was moved by Mr. Doyle and seconded by Mr. Adams to approve a septic repair plan as submitted.with one local upgrade request to reduce the 300'required setback from the Parker River to 228'contingent on the filing of a notice of intest with the conservation commission due to the impact on the ACEC: Ms.Kimball Murray advised the Board of the September 12'h deadline for filing for the recycling grants. It was agreed to wait until next year,to look at technical assistance or equipment until the final decision about the outcome of our landfill is concluded. Ms. Kimball Murray advised that she would be attending a scheduled field trip to Middleton to view their recycling center and transfer station. 117 High Road- A repair plan for a two bedroom deed restricted system was approved as submitted pending the receipt of a new revised application showing the correct field size. 195 1 Lunt Street-A septic repair plan with no local upgrade requests was tabled until a revised plan is submitted showing corrected pump size. 114 Main Street-A septic plan for new construction for a carriage or guest house on this property was tabled until the building inspector's decision or comments are received regarding two structures on one lot. 22 Independence Way- It was moved by Mr. Doyle and seconded by Mr. Adams to table f the plan for new construction at the owners request be the easement for water had not been completed. Mr. Doyle asked that the septic plans for 27 Coleman Road be discussed. The plans had been received at 7 p.m. this evening. As the plan must be reviewed by the health agent to insure that all the information is correct, it was decided that it would be addressed at the Selectmen's Meeting on September 11t`after a check list is completed. An installers license was approved for Tim Willey d/b/a Timothy A. Willey Excavation of Middleton. Ms. Kimball Murray asked if the person named on the license must be at the site for an installation or could it be other company personnel in lieu of the licensee. It was decided that a letter will be sent with renewals the first of the year advising all license holders that they must be on site or additional personnel must be licenses for their company. This policy will be placed on the December agenda for a vote. Steve Mangion of 10 Street spoke briefly about the Novak and Hibbard properties on 12'h Street. He claimed that Hibbard's septic tank was in the water table and there was no hook up to the trailer. He was advised that the old system would not be used for new construction. New plans would have to be submitted and approved. He was advised to speak with the conservation commission about discrepancies on the notice of intent filed with them. The next meeting of the Board of Health was set for Thursday, October I Vh. The meeting was adjourned at 10:10 p.m. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH SEPTEMBER 25,2001 Chairman Tevald opened the meeting at 11:05 a.m. Mr. Adams and Mn Doyle were present. The corrected septic application for Sylvia Farrell of 117 High Road was signed and approved for plans submitted on 9/6/01 for a two bedroom septic design as moved by Mr. . Adams and seconded by Mr. Doyle. A septic loan application for Patricia Grimes of 18 Orchard.Street was reviewed and approved for$10,000 as moved by Mr. Doyle and seconded by Mr. Adams. A septic installers license was approved for Sean Blair d/b/a S.J.Blair Excavation of Byfield. Mr. Blair passed the septic installers test given on September 13, 2001 with a score of 85%. Two septic plans for Fatherland Drive were tabled for more information from Wendy regarding additional deep holes and peres needed to satisfy Title V. 60S 194$ -2ooy 197 A gas odor in parts of the Byfield Expo necessitated a can to R.J. Kelly to advise him of his responsibility to assign a maintenance person to address this problem and to request he advise the BOH when corrective actions are taken. Mr. Doyle noted he had been told that the visitors side of the football field could not be used due'to wetlands issues. Chairman Tevald suggested as it was not a BOH issue perhaps Doug Packer and Dr.Murphy should get together to address the problem is there was one. The meeting was adjourned at 11:15 a.m. as moved by Mr. Adams and seconded by Mr. Doyle Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH OCTOBER 11, 2001, Chairman Tevald called the meeting to order at 7:30 p.m. Mr.Adams and Mr. Doyle were present. ' A packet of draft applications and fee schedules for swimming pools, camps and food establishments was presented to the.Board by the Health Agent for their review for a decision as to form. It was moved by Mr. Doyle and seconded by Mr. Adams to.bring this matter to the 11/29 meeting for final recommendations. 170 Newburyport Turnpike - This property is for sale and the Title V inspection report shows "NFI"due to the proximity of the well to the SAS,this being less than.50'. The, water test results show no contamination. It was the decision of the Board to allow the owners to return at a future meeting with recommendations from their engineer as to whether the well will be moved or the leach field(SAS)will:be moved to accommodate the 100' separation requirement. A variance of under 100'but more than 50'will be considered if the,engineer documents that there is no other location to place either the well or the SAS. It was moved by Mr. Doyle and seconded by Mr. Adams to review this matter at the next meeting if the recommendations are in place, 4 Rolfe's Lane -A dye test had been performed on this system on June 8th and the health agent had inspected the area surrounding.the leach field on June 11, 12,and 19,July 10, August 13 and September 6. No signs of break out were observed. It was moved by Mr. Doyle and seconded by Mr. Adams to send a letter to the homeowner advising him of these results. 3 Scotland Heights Drive-The septic repair plan was approved as submitted with one local upgrade request to reduce groundwater separation from 4'to 3'as moved by Mr. Doyle and seconded by Mr. Adams. 61 Pearson Drive this revised septic plan was approved as submitted with one local upgrade request to reduce groundwater separation from 5'to W as moved by Mr. Adams and seconded by Mr.Doyle. The revised plan was drawn and submitted to accommodate a gravity system on this lot as opposed to the original plan for a pump system. 117 High Road-this revised plan with a two bedroom deed restriction was reviewed and approved as submitted at the September 25th BOH meeting. Verification of this approval for CDM's monthly report was moved by Mr. Adams and seconded by Mr. Doyle. 1 Lunt Street-This repair plan for five bedroom design was tabled at the September 6t" meeting due a discrepancy showing an incorrect size on the pump chamber. A corrected 199 plan showing a 1500 gallon pump chamber was submitted and approved as moved by Mr. Doyle and seconded by Mr. Adams. 114 Main.Street- Previously.addressed at the meeting of September a and tabled awaiting a zoning decision from the Building Inspector. As the septic plan is compliant as submitted to the BOH, it was.approved subject toPlanning Board and Zoning consideration of the legality of two separate houses(living quarters)on one lot. This approval was moved by Mr. Doyle and seconded by Mr. Adams. 22 Independence Way- Once again tabled for information regarding the status of the demolished house from Attorney Lagoulis. This will be addressed at the next meeting. 41 Parker Street-Mr. Kozazcki presented plans for a tight tank for industrial waste from his proposed turkey farm. Turkeys will be grown in one building and slaughtered and processed in a second building. Floor drains will divert all industrial waste fluids into the tight tank which will be alarmed at the 2/3rds level.. A maintenance contract for pumping this tank is in place. Ms. Kimball Murray stated her concern about installation of a tight tank in such a high water table. Mr. Williams of Meridian Engineering stated they had.developed the plan for the tight tank based on worst case scenario and did not anticipate any problems. Odor concerns were addressed. Mr. Williams stated that the turkeys would be processed once a year for a three day period and the floor drains will flow directly into the tight tank. Local approval is needed for application to the DEP. The possibility of a rodent problem was also addressed by Mr. Adams. Mr. Kozazcki advised that he was planning to put the inedible parts of the turkeys into compost to be used as fertilizer but he could contract with Agri-Source to remove these waste parts. The plan was approved as submitted contingent on receipt of proof of a contract with Agri-Source for the waste parts and final approvals from DEP and the Department of Public Health, as moved by Mr. Doyle and seconded by Mr. Adams. 10-20'h Street-The final approval of this renovation.request was once again tabled. Corrected forms are being addressed by Counsel and will be sent to the homeowner for completion. 4 Davoli Way-The Title V inspection report is in place and water/sewer agreements have been sent to the owners for.signatures and recording. Final approval was tabled until such time as completed documentation is received. 12 Exeter Way- All documentation.is in place for the transfer of property. Water/sewer agreement signed by the Board for recording. 57 Hanover Street- Septic repair plan for a FAST system with one local upgrade request to allow the leach field to be sited where.less than 4'of naturally occurring pervivous material exists was approved as submitted subject to review by DEP and receipt of'a maintenance contract for the system as moved by Mr. Doyle and seconded by Mr. . Adams. The building inspector questioned the impact of an elevated system on the abutters property. The close proximity to the lot line may change the drainage and will have to be addressed at the time of installation. 28 Pearson Drive A septic repair plan with one local upgrade request to reduce ground. water separation from 4'to 3'wasapproved as submitted as moved by Adams and seconded by Mr. Doyle. 143 High Road- A septic repair plan with one local upgrade request to.reduce ground water separation from 5'to 4' due to soil conditions and perc rate was approved as submitted as moved by Mr.Adams and seconded by Mr. Doyle. 0 Fairview Avenue-A septic plan for a three bedroom new system with town water was approved as submitted as moved by Mr. Doyle and seconded by Chairman Tevald. Mr. Adams abstained from the vote due to a possible conflict. . 201 16 Boston Road-Previously before the Board,a revised plan for a FAST system to`be put in place of the old system was approved subject to final"review and approval of DEP as moved by'Mr. Doyle and seconded by Mr. Adams. 12-49"Street-Floor plans for renovation.of this property were reviewed and approved by the Board,all documentation being in place. 3-32°d Street Renovation plans were reviewed and approved as submitted as moved by Mr. Doyle and seconded by Mr.Adams subject to receipt of a recorded enforceable . schedule for water/sewer. - 48 Fatherland Drive Previously tabled at the 9/25 meeting this is a plan for a new system with an expired permit. Ms. Kimball Murray stated that upon DEP review it was revealed that due to the expired permit this lot must meet current.Title V regulations and on October I'new.peres and deep holes were tried and.did not meet the 30 minute rate. These have been rescheduled for an overnight pert on 10/16& 10/17. However,there are people living in the house and the septic tank is hooked up, she stated. Mr. Armstrong(new owner).asked that his family be allowed to remain in the house. The tank is being pumped every three days,he stated,and a contract for pumping is in place. The Board agreed that the sooner this situation can be remedied the better for all and they agreed to approve the new plans and,permit as soon as.reviewed by the health agent. Ms. Kimball Murray commented that she observed two 22 degree connections to the house from the tank and believed these connections should be straight. The Board advised that these connections must be corrected by the installer prior to final inspection in order to be compliant. It was moved by Mr. Doyle and seconded by Mr. Adams to allow ten days from the date of the perc (Oct. 17)for the contractor to have anew compliant system in place. The health agent and the Board will expedite approvals as needed and pumping records and the contract for pumping must be submitted to the Board immediately. Chairman Tevald recused himself due to a possible conflict of interest. 50 Fatherland Drive -this is also a case of an expired permit and will also be re-perced on October 17fl'. As this property is not occupied, it was moved.byMr. Doyle and seconded by Mr. Adams to follow.the Title V guidelines for this plan. Chairman Tevald was recused from this decision. Rte. 1 @ Newburyport Turnpike-A request to extend the perc results for this property beyond the two years set by BOH policy as there-has been no topography changes was tabled as moved by Mr.Doyle and seconded by Mr.Adams for further information on a P&S for this property. 22-12" Street- Steve.Mangion, Sarah Spalding and Cneg and Tim Fountain asked to speak regarding 22-12"' Street(Hibbard). Chairman Tevald advised that the Board would ` only hear new information. Mr. Mangion noted that Novak's well point is in question and he was also concerned with flooding problems on the site. Chris Leahy of Millennium Engineering stated that the Hibbards had a two bedroom deed restriction in place. Any well on the Novak property was put in after the fact and should be made to comply with current Title V guidelines. An enforceable schedule for water/sewer is in place for the Hibbard property and the BOH has agreed that all outstanding septic issues have been resolved and the project has been approved as submitted. Chairman Tevald noted that the BOH could not address "what ifs". Mr. Mangion was thanked for his comments and concerns. 12 Longbrook-A repair plan with three local upgrade requests 1)reduce groundwater separation from Y to 4;2)reduce septic tank set back from foundation from 10'to 915" and 3}reduce set back of leach bed to foundation from 20'to 18'was approved as moved by Mr. Doyle and seconded by Mr. Adams. These requests were necessitated by wetland issues and the siting of amenities on the lot. 7$ Central Street-Aseptic plan for a new system with town water and no variances was approved as moved by Mr. Adams and seconded by Mr. Doyle. Chairman Tevald abstained from the vote. 203 55 Fatherland Drive-A septic plan for a new system with town water and no variances was approved as submitted as moved by Mr. Adams and seconded by Mr. Doyle. Chairman Tevald abstained from the vote. 23 Fatherland Drive -A septic plan for a new system with town water and no variances was approved as submitted as moved by Mr. Adams and seconded by Mr. Doyle. Chairman Tevald abstained from the vote. A press release from the public health nurse regarding flu vaccine was approved for release'to the press as moved by Mr. Adams and seconded by Mr. Doyle. Questions about anthrax and hepatitis clinics are in the process advised the health agent. 48 Hay Street- A tank set back changed during construction was reviewed and the "as built" approved as submitted as moved by Mr. Doyle and seconded by Mr. Adams. 7.7R Orchard Street-A request to construct a summer camp on an island with a privy and carry-on water supply was tabled for further investigation and review with the DEP as moved by Mr. Doyle and seconded by Mr. Adams. 8-4`h Street.-A renovation request for the addition of a family room on the second floor was reviewed and approved subject to receipt.of test results for the well.and a-signed agreement to pump the system on a bi-annual basis. An enforceable schedule for water and sewer was signed by the Board and will be recorded by the owner. 4 Withington Street- A septic plan for new construction to service an existing house with the addition of one bedroom on a very small lot was approved as submitted as moved by Mr. Doyle and seconded by Mr. Adams. Gail Meserve submitted a plan for new construction for a lot off Austin Lane. This currently is a twenty acre.lot with a 50'easement off the Austin Fields subdivision. It still needs planning board approval and is subject to change, she stated. The Board reviewed and approved the septic plan a submitted subject to the necessary reviews of other pertinent boards as moved by Mr. Doyle and seconded by Mr.Adams. Ms. 1Vleserve was cautioned that if lot lines are moved the plan may be impacted and could become null and void. Ms. Kimball Murray requested permission to attend a BOH conference on Cape in November. Permission was granted as moved by Mr. Adams and seconded by Mr. Doyle. The BOH unanimously voted to close the installation season on December 151h and to open the season on March l"except for emergency situations. Mr. Manter,arriving from another meeting, asked to address the Board about their findings for 48 Fatherland Drive. He stated he had no problem with pumping the tank every three days and producing a contract for this service but he felt the 10 day period allowed for construction of the system might be impossible to accomplish and he did not want to be in violation of this order. He promised he would work diligently to complete the system as scheduled but if the plans were drawn on the 18`h and reviewed and approved on the 22nd or 23rd there were only four days to complete the system and have it inspected. Mr.Doyle reminded him that Title V says "no occupancy" and DEP is looking over our shoulder. Mr.Doyle moved to revisit the previous decision and strike the earlier motion, seconded by Mr.Adams. After a brief discussion it was moved by Mr. Doyle and seconded by Mr. Adams to work with the developer to complete this system in a timely manner with a pumping contract and pumping records to be submitted immediately. Plans will be,reviewed and signed immediately upon submittal for this property. Chairman Tevald abstained from this decision due to the possibility of a conflict of interest. Mr. Manter was advised that a letter stating these provisions will be sent to him with copies to CDM, DEP and the Armstrongs. 205 The minutes of the BOH meetings of September 6 and September 25 will be read for acceptance at the next BOH meeting due to time constraints of the Board this eveningas moved by Mr. Doyle and seconded by Mr. Adams. The meeting was adjourned at 10:35 p.m Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH MEETING NOVEMBER 27; 2001 Chairman Tevald called the meeting to order at 6:45 p.m. Mr. Alan I. Adams and Mr. Michael Doyle were present. John Donovan and Alan Roscoe of Camp Dresser&McKee presented a draft management report on Title V activities to be submitted in final form to DEP by December 15''to complete this portion of the IOC. They discussed the status of completion of this part of their contract and problem areas identified during their monthly activity reviews. Recommendations for improvement were discussed as well as a schedule for implementation for.these recommendations. A copy of this draft report was left with each board member and the health agent for their review, comments, suggestions or deletions and Mr. Donovan asked that these drafts be returned to him by . December 1 Wh so that the final report can be implemented and submitted to DEP on the 14'h of December in order meet the IOC deadline. Mr. Donovan noted that it was CDM's intent that this final report will satisfy DEP and the need for an independent review will cease. Mr. Donovan and Mr. Roscoe were thanked for their presentation and time. The meeting was adjourned at 7:25 p.m. as moved by Mr. Adams and seconded by Mr. Doyle.. SELECTMEN'S MEETING NOVEMBER 27, 2001 Chairman Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The legal notice for a tax classification hearing was read by Chairman Tevald and the hearing declared open at 7:32 p.m Chairman of the Board of Assessors, Budd Kelley, recommended that once again the Town opt for a single tier tax rate as we have less than 3%of non-residential properties. Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Doyle. The hearing was reopened and Selectman Adams moved to accept the recommendation of the Assessors for a single tier tax rate, seconded by Selectman Doyle and voted unanimously. The hearing was closed as moved by Chairman Tevald and seconded by Selectman Doyle. Attorney Gregor McGregor of McGregor Associates of Boston presented.a brief synopsis of his firm for review.by the Board for their consideration of the firm as special counsel on solid waste matters. McGregor Associates specializes in environmental law, real estate and litigation services. Chairman Tevald noted that this firm offers a good mix of ; expertise in these areas. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to retain McGregor&Associates who will meet with Counsel to review our case. Chairman Tevald will be called to schedule site visits and Atty. McGregor asked Selectman Doyle to collect pertinent documents as a starter set for. his review. Atty. McGregor was welcomed on board. w 207 Warren Manter, Chair of the Recreation Committee reported on the comprehensive plan developed by Huntress Associates for the Manter and Mackay fields. The next phase of the Huntress contract,he stated,is to request bids for developing these sites. However, the project must be submitted to town meeting for a vote and to request additional funding. He suggested that bids should be in place by April in order to complete the project in one season. The Committee,therefore, asks the Board to consider holding a special town meeting some time in January or February to vote on funding. The total project is estimated at $1.4 million with approximately$400K now available. This would be funded by a bonded 2 1/2 override at a cost of about $75-$100 per household per year according to data from Jim Cashman. Chairman Tevald suggested that informational hearings with the layouts of the project be held for our residents prior to any special town meeting with the goal of having bids by March/April 2002. Selectman Adams moved to approve the Recreation Committee's request to consider a STM, seconded by Selectman Doyle. Mr. Manter was thanked for his input. On the recommendation of Chief Merry the following appointments were made to the Police Department as moved by Selectman Doyle and seconded by Selectman Adams: p/t civilian dispatcher and matron- Lisa Touchette f/t patrolmen,- David Murphy and Michael Frayler A request for use of the Upper Green by the American Hand Fire Engine Society for an official New England League handtub muster to be held on Saturday, June 22,2002 was approved as moved by Selectman Adams and seconded by Selectman Doyle. License renewals for 2002 were approved by the Board for the following businesses: Class II - Special Interest Autos of Newburyport, Olde Byfield Management& Supply Ltd., and Highline Auto Inc. General Business -A Newbury Setting, Ould Newbury Golf Club Inc.,Norbeck Sterling, Sadie's for Hair, Volpone Towing, F. Thurlow Brown Books, Appleton Woodworking,Village Diner&Pub, Haven II, International Antique Mart, Ould Byfield Expo Tea Room, Mad Martha's,B.D. Automotive, Tolman Automotive, Leonards Parking Lot,Newbury Gallery, Reeves Automation, Ginny Moore's Parking Lot, Wilco Marine Restorations, Checkoway Oil,Parker River Trading Post,Pearson Hardware, Josette's Adz&Loom, Stor-U-Self Storage,Adelynrood Conference&Retreat Center, Mae Atkinson Antiques, Henry C. Becker, Poor Richard's Barn, Dick's Variety, Bill's Auto Repair, Mr. Moe's, Colonial Coiffures, Longfellow Hill Beauty Shop, Karen's Dog Grooming of P.I., Byfield General Store,Bird's Nest,Twelve Rogers Lane Antiques,Pert Lowell Co. Inc.,A.L. Prime Energy, Steve's Service, The Quilted Acorn Shoppe, P.I.T.A., Fernald's Marine, AGJ Woodcrafting&Woodworking, Candy-L. Way-Foster, Diamond Marine, Flukes &Finds, High Tail Acres Selectman Doyle put a hold no the Class III license for Newbury Auto Sales Inc. Selectman Doyle briefly addressed a letter from JRM referencing a recent site visit. Mr. Doyle stated he took exception to the tone of the letter and would ask for Counsel's input. Jayne Peng spoke on the status of Atty. Lagoulis' appointment as Town Counsel and recommended that other Counsel be considered. Chairman Tevald stated that a change at this time would be the worse thing the Town could do. Selectman Adams made a motion to retain Attorney Lagoulis as Town Counsel through June 30, 2002, seconded by Chairman Tevald. Selectman Doyle voted no. Ronald Garand suggested that the wood chip testing by CDM was not done scientifically and more tests should be required. Chairman Tevald noted that DEP charged CDM with areas to be tested and CDM will follow DEP standards and guidelines. Selectman Adams apprised the Board of the November 15,'public hearing on the Rte. l A bridge that he attended. One concern addressed at this hearing was the height of the bridge,he stated. His proposed recommendations to Mass Highway would be 1)pave the gravel sidewalks;2)raise the bridge only to the extent that it remain in the footprint of the area owned by the state with no land taking and 3) conduits be put in place during 209 construction to address future utility needs: These recommendations were approved by the Board and will be immediately forwarded to Mass Highway. Selectman Doyle reported on the recent C-10 meeting he attended. He advised that the main concern was availability of KI (potassium iodine) and this will be discussed again next week at the Seabrook meeting he will attend with Chief Merry. Christmas on the Green will be celebrated Sunday, December 9`h starting at 3:45 p.m. Mr. Metcalf requested he be placed on the agenda for the December 1 Ph meeting. The Board requested that persons interested in serving on a "citizens committee for the. landfill" submit a letter of interest or the form from the back of the annual reports. The meeting was adjourned at 8:55 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH MEETING NOVEMBER 29, 2001 Chairman Tevald opened the meeting at 7:40 p.m. Mr. Adams and Mr. Doyle were present. Wendy Kimball Murray advised the Board of a household hazard waste collection meeting scheduled for Thursday, December 6'"at the Beverly Public Library from 10 a.m.to 12:30 p.m. 10-20'Street-The edited enforceable schedule for sewer/water connection for systems not in failure has been received from Counsel and will be forwarded to Mr. Wareham for signatures and filing so he can move forward with his plans. 12 Exeter Way- The enforceable schedule has been signed by the seller. There is no buyer at this time.-When this form is recorded and returned to our office, a letter of satisfaction will be sent from the Board. 57 Hanover Street-A notice of approval for an innovative FAST system was received today from DEP. The owners still need to file a two bedroom deed restriction. Monies will be escrowed for a sale in progress and the new system will be installed in the spring. 16 Boston Road-DEP approval was also received today for this system. The engineer will be notified and advised they should move forward with installation even if it is outside the December 15t'deadline as this property would be considered an example of en emergency situation. Rte. I (Newburyport Turnpike) - It was moved by Mr. Adams and seconded by Mr. Doyle to extend the perc data for Devils Den for one year thru 2002 as there have been no changes to the terrain to date. 77R Orchard Street-It was moved by Mr. Doyle and seconded by Mr. Adams to advise the owners that the property must meet Title V guidelines for potable water and sewage disposal for new construction. Mr. Ferris of DEP concurred that there can be no living quarters without potable water and utilities. On the recommendation of the health agent the Board will consider enacting a new bylaw or BOH regulation requiring a permit or license for tobacco sales in Newbury as there is 211 presently no penalty for sales to minors. The Town received a 77%compliance rating in the latest youth access check with two stores selling tobacco to minors. If a permit or license was required,that permit could be withdrawn for repeated violations advised Ms. Kimball Murray.. 8 Withington Street- It was moved by Mr. Doyle and seconded by Mr. Tevald to approve this system repair plan with one local upgrade request to reduce the groundwater separation from 5'to 4' subject to receipt of a recorded two bedroom deed restriction. Mr. Adams abstained from the vote. Newbury Neck Road -It was moved by Mr. Adams and seconded by Mr. Doyle to approve the installation of a dry well for discharge of a newly installed purification system. Discharge to the ground will only be considered if a hardship can be proved. 30 Cottage Road- During a Title V inspection on this property,the ISt water test failed. As the house had been closed up for a lengthy period of time, the well was flushed and a 2na water test performed which passed. As we have had problems with DEP in the past on this subject, it was moved by Mr. Adams and seconded by Mr. Doyle to request guidelines from DEP for the testing of shallow wells which have not been used for a substantial period of time. 4 Riverfront Drive- It was moved by Mr. Doyle and seconded by Mr. Adams to approve as submitted the revised configuration fora well easement as it still meets the 100' setback guidelines. An installer's license for Milton Hamilton d/b/a JMK Construction was denied until January when new procedures and testing will be in place. 14-51�`Street- Chairman Tevald stated he was advised by DEP not to act on this request until after a scheduled December 17 meeting at DEP with counsels due to questions regarding the velocity zone. Owner of the property, Mr. Peabody, argued that he had been told by the legal department of DEP that Title V could be met and he had already lost one sale due to delays. He was willing to agree to reduce the size of the house to 2 bedrooms with a deed restriction with the possibility of future expansion. It was moved by Mr. Doyle and seconded by Mr. Adams to allow the health agent to contact Counsel for a report on this meeting and a determination will be made by the Board at the December 2e meeting on this plan. 50 Fatherland Drive-It was moved by Mr. Doyle and seconded by Mr. Adams to approve this septic plan for new construction as submitted without a benchmark. The hydrant on the plans will be used as a common benchmark. Mr. Tevald abstained from the vote. 55 Fatherland Drive - It was moved by Mr. Doyle and seconded by Mr. Adams to approve this revised plan as submitted. Original plan had expired. Mr. Tevald abstained from the vote. 53 Fatherland Drive - It was moved by Mr. Doyle and seconded by Mr. Adams to approve this septic plan for new construction as submitted without a benchmark. The hydrant on the plans will be used as a common benchmark. Mr. Tevald abstained from the vote. 8 Fairview Drive-It was moved by Mr. Doyle and seconded by Mr. Adams to approve this plan for new construction of a gravity system as submitted. 11 Lunt Street-This repair plan with one local upgrade request to reduce groundwater separation from 5'to 4'was tabled until such time as all conservation commission requirements are met. Perc sites are to be added to the plans. 18 Temple Boulevard-A renovation request with the possible addition of one bedroom after water/sewer construction was tabled until the December 20`h meeting awaiting receipt of current water test results. An enforceable schedule is in place. a 2'13 22 Independence- A revised plan was submitted as a repair/upgrade with a design change to a retaining wall as required by the conservation commission. As there is a question as to the location of the demolished house,the Board agreed to do a site visit and to seek advice from Counsel and DEP as to whether the property meets the criteria for a repair. The Board advised the engineer, Matt Brassard,that the proposed well easement on town property would not be considered. Mr. McCarthy(465-3339)requested he be notified of the date of the site visit. It was moved by Mr. Doyle and seconded by Mr. Adams to table this plan until the meeting of the 20tn 3 Olde Town Way-A revised repair plan was submitted by Oak Engineering for an innovative technology developed by Septi Tech and approved for remedial use by DEP. Jim Taylor of Septi Tech explained the workings of the system to the Board. It was moved by Mr. Doyle and seconded by Mr. Adams to approve two variances for this system 1) a 50%reduction in field size and 2) a 2'reduction in groundwater separation. A letter of approval of these variances will be forwarded to DEP for their final approval ; for construction. The Board also agreed to consider installation after the December 15`h deadline pending weather conditions at the time final approval is received. A form 9A and 9B were signed for DEP. The Town Clerk asked that the Board consider an increase in the price of landfill stickers for 2002. A survey of surrounding towns will be done and a decision made at the December 11th meeting. Ms. Kimball Murray addressed license forms and inspection fees and the following fees were accepted for 2002 by the Board: . Food Establishment Retail Food $75 annual and seasonal* Food Service $100 annual and $75 seasonal* Caterer $100 annual and seasonal* Residential $100 annual and seasonal* Temporary. (1 day to 1 month) $50 *(seasonal- more than 1 month/less than 4 months) Camps (all) $200 Tanning Salons $100 Massage Parlors $100 Therapist/Operator $100 Swimming Pools $100 Tobacco(if approved) $50 The Board will also look at instituting regulations for body art,piercing and tattooing and will review town regulations for massage parlors. The next BOH meeting will be December 20, 2001 at 7:30 p.m. The meeting was adjourned at 10:35 p.m. as moved by Mr. Adams and seconded by Mr. Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING DECEMBER 11, 2001 Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan Adams and Mike Doyle were present. The minutes of the November 27t`meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Adams. 0. 215 At 7:40 p.m. the legal notice for a pole hearing, petition#663, dated 10/24/01,to erect two new poles#10/13 and#10/14 on High Road was read by Chairman Tevald. David English of Mass Electric explained that these poles were to provide service to new homes being constructed in the area. Appearing in opposition: no one. Appearing in favor: David English. The hearing was closed as moved by Selectman Adams and seconded by Selectman Doyle to take the matter under advisement. The hearing was reopened and Selectman Adams moved to grant the petition as submitted, seconded by Selectman Doyle. Liquor license renewals for 2002 were reviewed and approved as moved by Selectman Adams and seconded by Selectman Doyle. Landfill sticker fees were discussed and the Town Clerk presented the Board with a survey of Mass towns with landfills which showed that an increase in our sticker fees was definitely warranted at this time. It was voted unanimously by the Board that the landfill fee for 2002 will be $50 for the I'sticker and$5 for each additional sticker. Senior citizens(65 and over)will be $25 and parking only on P.I.will remain at $5 each. Commercial/business rates will be discussed and finalized at the 10/20 BOH meeting. General business licenses were reviewed and approved for 2002 as moved by Selectman Doyle and seconded by Selectman Adams for the following: Angie's Service Station, Byfield Trading Co.,Internal Combustion, Detailz Unlimited, Box-Q, Surfland Bait and Tackle Shop, Olde Newbury Boat Co.,Newbury Hair Design, Applied Automotive Technology, Wheelhouse Parking,Newbury Convenience Store,Williamson Parking Lot,P.I. Enterprises, Deb's Place and Tendercrop Farms. Also, Class II Used Car for US #1 Auto Marine and Angie's Service Station. Steve Smith spoke of a traffic problem caused by the back up of cars attempting to gain entrance to Williamson's Parking Lot thru an automatic gate. The Board agreed to look at the possibility of requesting an attendant at the gate during busy summer weekends. A contractual fee agreement with McGregor and Associates was reviewed and approved a moved by Selectman Doyle and seconded by Selectman Adams. Nicholas Metcalf of Hay Street proposed appointing a committee to survey Selectmen's salaries in surrounding town. As the position is more demanding and requires more responsibility,he suggested possibly raising the figure to $7,000 a year from the current $5000. It was agreed that a town manager was not warranted or needed at this time. Mr. Metcalf was advised that when the new personnel board is formed it would be a task for them to deal with and he was thanked for his input. Selectman Doyle noted that the personnel board should also take a look at town hall personnel, highway and police compensation for the coming year. Selectman Doyle gave a brief update on two meeting he had attended. The O with the Parker River Clean Water Association and Little River Water Shed Hydrology T4eam regarding flood hazard mitigation and the second meeting with Seabrook regarding their safety management plan. Steve Smith of 351h Street,P.I. was advised that the questions he posed regarding JRM in his request to be on the agenda could not be answered by the board. The status of the consent order and restoration of the wetlands on their property was DEP business and the status of the business permit was in the hands of Counsel and the Building Inspector. A suit against JRM was waiting an affidavit and was proceeding as quickly as legally possible. The meeting was adjourned at 8:40 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary s a 2,17 BOARD OF HEALTH MEETING DECEMBER 20, 2001 Chairman Tevald opened the meeting at 7:40 p.m. Mr..Adams and Mr. Doyle were present. The minutes of the November 29 h meeting were read and accepted as moved by Mr. Doyle and seconded by Mr. Adams. 69 Central Street- Chris Leahy of Millennium Engineering submitted a septic plan for new construction for this property and requested a variance from.the Town's 1974 bylaw requiring a 300' setback from the Parker River. Mr. Tevald asked if it might be possible to take some land from the abutting lot(same owner) in order to keep the system 300' from the river. Mr. Leahy will investigate this possibility. It was moved by Mr. Doyle to reject the plan thereby upholding the'74 bylaw, seconded by Mr. Adams and voted unanimously by Mr. Tevald. 110 High Road-A septic repair plan was approved as submitted by unanimous vote with two local upgrade requests to reduce the groundwater separation from 4'to 3'and to reduce the setback from SAS to foundation from 20'to 10. It was determined that a poly barrier between the house and SAS was specified on the plan and would be required. 14-51'Street- Chris Leahy of Millennium Engineering advised the Board that the applicant was requesting an indefinite continuance until a superceding order is received from DEP. It was moved by Mr. Doyle and seconded by Mr. Adams to allow this continuance. 18 Temple Place -At the request of the owner this renovation request is continued to the January meeting as the water test requested by the Board is not completed. 22 Independence Way- Mr. Tevald advised that after review with Counsel he had determined that the Board is not the granting authority for an easement on town property. This issue must be addressed-thru an warrant article at ATM. It was moved by Mr..Doyle and seconded by Mr. Adams to allow Mr. McCarthy to withdraw his plan without prejudice. He may resubmit his plan if other options for the location of the well are found, all subject to DEP approval. 10-20"' Street-.It was moved by Mr. Doyle and seconded by Mr. Adams to table this renovation request until the next meeting as the enforceable schedule for water/sewer has not been received. A letter will be sent to the owner asking that the signed recorded form be submitted as soon as possible. 11 Lunt Street-It was moved by Mr. Adams and seconded by Mr. Doyle to request a second deep hole be sited as soon as possible and located on the plans to comply with DEP regulations. The plan will be revisited after Conservation Commission approval is. obtained. 0 Fairview Avenue- Chris Leahy of Millennium Engineering submitted a revised plan showing the relocation of the septic system and the house. The plan calls for a retaining wall which will require the design and stamp of a structural engineer. It was moved by Mr. Doyle and seconded by Mr. Tevald to table the revised plan until the specifications for the wall and the engineer's stamp of approval are added. Mr. Adams abstained from the vote. 17 Pine Island Road-The application for a tight tank for this property has received DEP approval. It was moved by Mr. Doyle and seconded by Mr. Adams to accept the plan as submitted subject to receipt of a pumping contract. Ms. Kimball Murray expressed her concern about documentation of pumping and the submittal of these records in a timely manner by the septage hauler. The Board will look at strengthening these regulations at the January meeting. L 219 41 Parker Street-Property owner Matt Kozazcki will be asked to attend the January meeting to provide documentation on the reported four pumpings of his septic system. Mr. Doyle also agreed to contact Ms. Morris of DEP to request a letter for our files from Ron Stelline for the installation of an industrial tight tank on this property without the installation of the barrier specified on the plans which Mr. Stelline approved on behalf of DEP. 138 Northern Blvd. -It was moved by Mr. Tevald and seconded by Mr. Doyle to accept the water test for this Title V inspection report as the nitrate levels are within the allowable limit. An enforceable schedule for sewer/water connection must be signed and recorded. 9 Larkin Road has a failed system and several conservation issues. Ms. Kimball Murray asked the Board to place the.owner on a pumping schedule until these problems can be abated. Mr. Tevald recommended monitoring the flow in order to establish what is needed. Mr. Mountain(owner)will be asked to have the system pumped and then pumped again after five days in order to measure the flow. For public health protection the schedule will be expedited and the board should have repair plans in hand by the 1 It of February. 154 Orchard Street-Ms. Kimball Murray reported that dye testing had been completed on this system with no signs of failure. The owner will be advised and given documentation of the testing. Ms. Kimball Murray reported on a recent hazmat incident at Triton. The Department of Public Health was notified by the Fire Department and public health will pick up the material for testing and report the findings to the school and the town. The problem of locked bathrooms at Triton was also briefly discussed. Mr. Kimball Murray spoke with Mr. Wensley of the Department of Public Health and several options will be addressed with Mr. Harvey at Triton. The January Board of Health meeting will be held on January 29`b at 7:30 p.m. It was unanimously voted by the Board to institute new regulations for installers. All installers must take and pass a written test during the months of January/February in order to renew their license and the licensed installer must be on site for the hydraulic test of any system for which they are the installer of record. Fees for perc tests,plan review and system applications were discussed and tabled until the next meeting. The Board touched on the subject of haulers and packers dumping at the landfill and the town's expense to have this trash removed. Mr. Adams noted he had spoken with Tim and Bud who oversee the landfill operation and they reported that with our temporary set up out there it is very difficult to monitor the haulers. Fred Davis stated he would have to discontinue service if not allowed to dump at the landfill.be as a small hauler he would not be allowed to dump at the plant in Haverhill. He suggested that the commercial sticker fee also be raised ten times to $5000/year with the possibility of raising this fee again if necessary next year. A meeting will be scheduled for early January with the haulers, Selectmen and highway personnel to discuss costs and set a sticker fee. The possibility of requiring all businesses to use dumpster service will also be determined at that time. The meeting was adjourned at 9:35 p.m as moved by Mr.Adams and seconded by Mr. Doyle. Respectfully submitted, Kathleen Sirois, Secretary 4 221 SELECTMEN'S MEETING JANUARY 8, 2002 Chairman Tevald opened the meeting at 7:15 p.m. Selectmen Alan Adams and Michael Doyle were present. Glenn Gavin, Don Rowell, and John Keville of the Harbormaster's Office presented changes to fees, fines and regulations and briefly explained each request. The following changes were approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously by Chairman Tevald: FEES Town dock.slips(10'.dinghy and under)-increase from$30 to $80/season Commercial moorings-increase from$30 to $100/season Private moorings-increase from$30 to $50/season Commercial slips and docks-increase from$30 to $50/season Private slips and docks-increase from$30 to $50/season Commercial ramp use- $600/season Private ramp-increase from$30 to $50/season Day pass ramp use- $5/per day Kayak and canoe fee (2 kayaks or canoes) -remain at $30/season Vessels over 20'-increase from$1 to $2 per foot FINES Section 9.2.3-Failure to obtain waterways permit-increase from$20 to $40 Section 9.2.4-Exceeding SMPH in mooring area-increase from$25 to$50 Section 9.2.6-Failure to mark mooring buoy-increase from$20 to $40 Section 9.2.9-Exceed 15 minute tie up at town dock-increase from$20 to $40 Section 9.2.13-Parking at town ramp without permit-increase from$25 to $50 Add fine for overloading of vessel- $50 Add fine for sublet of private moorings-loss of mooring and/or$300 fine RULES AND REGULATIONS Add to section 8-overloading of vessels as set by the U.S. Coast Guard maximum capacity plate or manufacturers capacity plate or for vessels without these plates the formula: Number of people=Length of vessel x Width of vessel 15 Add to section 9-overloading of vessel will result in end of voyage and fine of$50 Add to section 3.3-Privately held moorings can not be sublet to any other person upon penalty of permanent loss of mooring and/or$300 fine Rewrite Section 8.4-Any child under 12 years of age must wear a USCG approved personal flotation devise when above deck on any vessel underway. An open boat is considered above deck. (CMR207:pl4) Add rule-maximum length of dinghy on town dock not to exceed 10' (ten feet) Mr. Gavin, Mr. Rowell and Mr. Keville were all thanked-for their time and presentation. A petition to impose a weight limit on Coleman Road thereby eliminating thru truck traffic submitted by Theresa Gilbert of 14 Coleman Road was accepted by the Board. Chief Merry will put together a package for state review. It was noted that if restriction were put in place it would only cover the section of Coleman Road from Elm Street to the Rowley line. The final decision is made by the State advised Chief Merry. Licenses were reviewed and renewed as moved by Selectman Adams and seconded by Selectman Doyle for the following: Art & Camera Custom Framing, Head Tyrolia Winter Sports,Head USA, Inc.,Kym's Romp&Roll Doggie Playground, Milestone 35, P.J.'s, Sylvanowicz Family Associates, Inc.,Atty. May's Beachcomber, Water Dog, SSK a 223 Inc., Corner Cupboard, Riverfront Marine Sports Inc.,Plum Island Grille Inc., Pheasant Meadow Farm,Noyes Citgo,Newbury Butchery, Marshview Farms, Bob&Lou's, Apple Cider Press&Prints. A Keyspan permit to open and excavate Hanover Street at Route 1 to install a vent pole behind the regulator pit was approved subject to Tim Leonard's guidelines for restoration of the roadway as moved by Selectman Adams and seconded by Selectman Doyle. Steve SmA of 35th Street questioned Chairman Tevald on a meeting with DEP and Misters Nee and Peabody who are asking for a determination on plans submitted for construction of their P.I. Properties. Chairman Tevald advised that no decisions were made and DEP in conjunction with CZM has asked for more information especially regarding the proposed development of a primary dune. DEP will look closely at this information as well as the clarification of the.V-Zone and AO Zone with relation to these properties. Tevald stated the town certainly doe not want building in these sensitive areas and will abide by DEP's determination. Mr. Garand of Boston Road questioned JRM's upcoming ZBA hearing and was advised that it was their right to appeal the area of the well head protection district. Chairman Tevald advised that Mike Reilly, union representative of the Police Department had requested a preliminary meeting with a representative of the Board to discuss the contract negotiations for the coming years. It was moved by Selectman Adams and seconded by Selectman Doyle that Chairman Tevald be the Board's representative for the preliminary discussions. Reports will be made to the full Board for debate and final discussions toward an agreement. Selectman Doyle reported that the MEMA meeting that was cancelled on December 19th had been rescheduled for Monday, January 14th and he planned to attend. Letters sent to town businesses notifying them that effective February 1,2002 they could no longer bring their trash to the temporary transfer station was briefly discussed. Selectman Adams said this decision was a difficult one but the removal of trash had become cost prohibitive and at this time must be restricted to residential household trash. A meeting with the commercial haulers has been scheduled for January 15th and this matter will be discussed again at the BOH meeting on the 29th. Selectman Tevald advised that a"solid waste committee" of approximately 6 to 8 persons was in the works and would be finalized in the next few weeks. Selectman Doyle was asked to chair the committee and Ron Garand was also asked to serve. The purpose of the committee will be to study other landfills, transfer station operations and set ups and uses of the land after cap and closure. Mr. Mello and Mr. Davis will be asked to serve as the commercial contingent. The remainder of the committee will be discussed in the next few weeks. It was moved by Selectman Doyle and seconded by Selectman Adams that the Selectmen's meetings will begin at 7:00 p.m. beginning with the meeting of January 22na The meeting was adjourned at 8:35 p.m. as moved by Selectman Adams and seconded by . Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 4 225 SELECTMEN'S MEETING JANUARY 15, 2002 At 3:20 p.m. Chairman Tevald called the Selectmen's meeting to order. Selectmen Adams and Doyle were present. The purpose of the meeting being to set the landfill fee for commercial haulers. Jason Mello and Fred Davis were in attendance. Mr. Mello,and Mr. Davis were invited to participate on the "citizens solid waste committee" and both agreed to take part. Representatives of the highway department will also be appointed. Costs for running the commercial area and the cost of transferring trash out of the landfill were discussed. The possibility.of leasing or purchasing compacting trailers will be investigated by Tim Leonard. Chairman Tevald noted that the town needs a commitment from DEP and Ms. Morris was looking for proof of a site assignment without which there can be no transfer station. Mr. Tevald stated he was reluctant to spend too much on special equipment without this commitment. Mr. Doyle suggested it might be time to start fighting back against DEP and Ms.Morris. After some brief discussions with the highway representatives and the haulers it was moved by Selectman Doyle and seconded by'Selectman Adams to set the commercial fee at $5000 for 2002. This can be paid in two installments of$2500 before June 30, 2002. The meeting was adjourned at 4:10 p.m. Respectfully submitted, . Kathleen Sirois, Secretary BOARD OF HEALTH MEETING JANUARY 29,2002 Chairman Tevald opened the meeting at 7:45 p.m, Mr. Adams and Mr. Doyle were present. 18 Temple Boulevard-It was moved by Mr. Doyle and seconded by Mr.Adams to accept the water test results as submitted showing nitrates and.tolulene under the maximum allowable limit and to approve the renovation plan for this property. 10-2&Street-A letter from owner Wareham was read requesting an extension as he was . unable to locate his water test results and the documentation for water/sewer connection It was moved by Mr. Doyle and seconded by Mr. Adams to allow a 30 day extension at which time Mr. Wareham must submit the water test results or have a second test done and also submit the enforceable schedule for water/sewer which must be signed, notarized and filed with the registry. 11 Lunt Street-The Board agreed that the town would be responsible for any charges related to additional testing on this site. A second deep hole is required and will be scheduled asap possibly as soon as February 7`h., A press release will be issued listing septage haulers licensed in the Town of Newbury V along with a notice that pumping records must be submitted to the Board otHealth within 30 days of the service. 41 Parker Street-The Board agreed they were satisfied with the documentation received from Mr. Kozazcki regarding the number of septic tank pumpings at this address and will ask Mr. Kozazcki to insure that the construction trailer has been removed from the property 227 9 Larkin Road-It was moved by Mr.Doyle and seconded by Mr. Adams to accept Mr. Mountain's contract for septic tank pumping every two weeks for the failed system on this property. The Board will advise him that his plans for a replacement system must be in place and filed with the Board within 30 days. 14-51t Street-Mr. Peabody(owner)and engineer Chris Leahy submitted additional information regarding the V-zone as determined by FEMA maps and its effect on Mr. Peabody's property. They also cited new construction on K Street(Newburyport)and 4 1"Street which has not come under the scrutiny of DEP and yet they appear to be similar situations. The Board advised that while they were understanding of Mr. Peabody's problem,they must wait for a determination from DEP as this site has been taken out of the hands of the Board. Mr.Doyle stated he would bring the matter to the tableat tbeT.ebruary 5`h metina-w-ith.m. s.,Morris and pressure DEP for a decision. 0 Fairview Avenue-It was.moved by Mr. Doyle and seconded by Mr. Tevald to approve this plan as submitted with documentation and stamp from a structural engineer affixed for the retaining wall. Mr. Adams abstained from the vote. 170 Newburyport Turnpike -It was moved by Mr. Adams and seconded by Mr. Doyle to waive_the 100'requirement for well separation from the SAS to 75'if the new well meets all criteria for flow and potable water standards. The existing well is located 26' from the SAS and this new location is the best possible design for this property. A letter will sent to the owner so the sale of this property can move forward. P 3 Olde Town Way-Mr. Berton advised he was going to seek relief to install his new septic system during the closed season, but had decided to wait until the season opens up after March 1� 5 High Road-A reply was read by the Board from owner Mr. Vandersande regarding his expired septic plan. The plan was drawn to accommodate an addition to the house not because of a failed system. The plans for the addition were withdrawn and therefore the septic plans will be voided. 4 Fairview Avenue-It was moved by Mr. Doyle and seconded by Mr. Adams to void the expired plans for septic repair at this site. Mr.Pease stated his system was working fine. They had some wet ground about three years ago when the plans were drawn but there no longer seems to be a problem so the system was never installed. 17 Marsh Avenue-Owner Salvo advist-d that the expired septic plan in the BOH files had been revised and approved in April 2000. A copy of the signed revised plan was submitted. It was determined that he must install this system in the spring by the end of April2002 or it would be voided as an expired plan. The health agent asked that the Board inspect the system when installed as she was not comfortable with a three year old plan and had no continuity with it. t 20 Fruit Street-It was moved by Mr. Doyle and seconded by Mr. Adams to table this plan and revisit it in 30 days with a complete perc test and conservation commission filing. 6 Central Street-It was moved by Mr. Doyle and seconded by Mr. Adams to approve this revised plan as submitted showing waterline and retaining wall criteria stamped and certified by a structural engineer. 49 Fruit Street-It was moved by Mr.Doyle and seconded by Mr.Adams to approve this septic plan for new construction as submitted. It was moved by Mr. Doyle and seconded by Mr.Adams to approve the proposed food establishment letter and fee schedule for licenses submitted by the health agent. Septic permit and perc fees were tabled and a survey of surrounding towns will be done as moved by Mr. Doyle and seconded by Mr.Adams. Y 229 Mr.Bulgaria and Mr.Pearson from Protection Fire Co. #1 (Byfield)addressed the Board concerning their property.at 42 Central Street. They stated the laid was purchased and leveled and they had been raising fluids for a new station since that time. Recent Pere tests have failed and they have been unable to locate the original Pere sites. Dave Ferris of DEP appeared at the perc site with a hydrologist who stated the soils were no good and water was never put in the test holes to try a perc. Mr.Bulgaris asked for suggestions and/or options and permission to use Town Counsel if needed to make an appeal to the state. Biodegradable toilets were suggested but it was determined that they would require e a gray water system. Wendy Kimball Murray stated she didn't understand why Ferris reviews all plans and how Mr. Stelline(DEP)finds her doing Pere tests around town without any notification. Mr.Doyle agreed he would bring up that matter at Tuesday's meeting with DEP. The Board will speak with Counsel to see how the town can assist the Fire Company with this problem. It was moved by Mr.Doyle and seconded by Mr.Adams to allow Mr. Tevald to cover for the health agent in cases of emergencies,conflicts or vacations until the May election At that time the new Board of Health will need to make provisions for coverage. 6 Church Street-It was moved by Mr.Doyle and seconded by Mr. Adams to approve the septic repair plan as submitted with one local upgrade request to reduce groundwater separation,from 5'to 4'. Brad Director of North East Regional Boards of Health and Cheryl Sbarra, Senior Staff Attorney Of Mass Assoc: of Health Boards addressed the board regarding Possible permitting for tobacco licenses. They Provided sample permits and suggested fees. They also submitted a sample regulation for tobacco sales to minors. It was suggested that the BOH adopt anew regulation for the sale of tobacco to minors with the inclusion of a permit fee and subject to suspension for violation which would be enforceable by the North East Regional Boards of Health. The Triton smoking policy enacted in 2000 and the enforcement of this polic Mr. Doyle and seconded y was also discussed. It was moved by by Mr.Adams to consult,with Counsel to see if our smoking bylaw needs to be rescinded and replaced by more comprehensive regulation. 50 Boston Road-It was moved by Mr.Doyle and seconded by Mr.Adams to table the proposed septic repair plan for this property it requires four. variances. The engineer,Mr. liras o;stated he had spoken with Dtil the next meeting a a Ferris of EP and was told that it was up to the town to grant the variances and then it would go.the DEP for final approval. Mr. Doyle recommended the health agent ask for input from DEP and the wetlands issue would be reviewed with the conservation commission. 2 Green'Street-It was moved by Mr.Doyle and seconded by.Mr.Adams to approve this septic repair plan as submitted. 3 Dartmouth Way-A Title V. inspection report showing NFE due to the absence of information on the well and water test results was tabled as moved:by Mr. Doyle and seconded by Mr. Adams. The owner will be required to locate the well and test the water. An enforceable schedule for water/sewer connection can then be signed if needed. 1 40'O1d Point Road-A Title V inspection report needing further evaluation due to water test results which show nitrates present was submitted. The owner, Mr. Wagner asked if the report could be satisfied with a recorded enforceable schedule for water/sewer and a Potable water contract. Mr. Doyle stated he would not-approve the report,the system would have.to be upgraded. Mr.Adams noted that upgrading the system at this time would seers to be a waste of money.. It was moved by Mr. Tevald and seconded by Mr. ' Adams that based on previous experience the report could be satisfied with a signed recorded enforceable schedule for water/sewer connection and a potable water contract and letter. Mr.Doyle voted no. Ms. Kimball Murray advised the board that she was preparing a budget for health agent 231 for FY03 for the Finance Committee. 138 Northern Boulevard -The enforceable schedule for sewer and water was signed by the board and notarized for filing with the registry. The next BOH meeting will be February 7"at 7 p.m. as moved by Mr. Doyle and seconded by Mr. Adams. Ron Garand of Hay Street asked what the BOH and health agent's position was concerning JRM and would the BOH notify surrounding towns serviced by JRM that they were operating illegally. Mr.Tevald advised the board would look at it with Counsel. The meeting was.adjourned at 10:10 p.m. as moved by Mr. Doyle and seconded by Mr. Tevald• , Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JANUARY 22, 2002 Chairman Tevald opened the meeting at 7:20 p.m. Selectmen Alan Adams and Michael Doyle were present. The minutes of the January 8th and January 15th meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Adams. The license for the Byfield Flower Shoppe was reviewed and renewed as moved by Selectman Adams and seconded by Selectman Doyle. It was moved by Selectman Doyle and seconded by Chairman Tevald to approve the "regulations for the clam industry and taking of sea worms" for the 2002/2003 season. There were no changes from last year. Selectman Adams abstained from the vote. A letter of support for the Parker River Clean Water Association to accompany their grant application was reviewed and signed as moved by Selectman Adams and seconded by Selectman Doyle. Selectman Doyle addressed the problem of landfill stickers for part time residents. It was decided that property owners with a paid tax bill could purchase a landfill sticker. However residents with businesses outside of town could not use this residential sticker to bring in business generated trash. Also discussed were the question of whether haulers should be asked to prove they have only Newbury trash by opening bags and liability if any to the haulers, what to do with people without valid stickers,penalties for violators, possibility of charging per bag or pound, compacting and weighing loads prior to removal,privatization, funding, and curbside pick up. Selectman Doyle stated he did not want Mello and Davis on the citizens solid waste committee as Mello is not a resident and Davis has been cited in the past (January 2000) for bringing in outside trash. Chairman Tevald noted that they were asked only for their professional expertise and would only be consultants. Selectman Doyle asked that Davis be requested to attend the next selectmen's meeting. The meeting was adjourned at 8:00 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 233 SELECTMEN'S MEETING FEBRUARY 12, 2002 Chairman Tevald opened the meeting at 7:10 p.m. Selectman Doyle was present. Warren Manter, Chair of the Recreation Committee updated the Board on the progress of the committee. He stated that at the request of the committee, Huntress Associates prepared separate bid packages for each project (Kent Way and Central Street), with a base bid for each, consisting of field preparation and parking; wells, irrigation and trails; and auxiliary buildings. With bids broken down this way the costs could be presented at town meeting allowing for a more informed decision by the voters on how to develop the fields and how much is affordable. It is expected that the total cost will be $1.2 to $1.3 million dollars in addition to the $400K now in the fund. Mr. Manter received permission to take the bid documents to Counsel for review prior to releasing them for bids. Selectman Tevald noted that they would have to look closely at their options and insure that any warrant article is worded correctly for the town's needs. Selectman Doyle discussed the possibility of user fees and was advised that the leagues would not resist user fees when the fields are completed. Selectman Tevald asked that the Recreation Committee insure that irrigation for the existing Little League field and the library be included in the bid for the Kent Way property. Mr. Manter was thanked for his time and presentation. , Three purchase orders for technical equipment for the Newbury Elementary School were approved in the amounts of$4,704, $2,124 and $2,725 as moved by Selectman Doyle and seconded by Selectmen Tevald. A request from the Community United Methodist Church of Byfield to have the building permit fees waived for the new parsonage on Central Street was tabled until the next meeting to allow the board to investigate the history of this request so as not to set a precedent. The nominations of Deborah Knight and Carol Larocque as Inspector of Animals for the Town of Newbury in accordance with Chapter 129, sections 15 & 16 were approved as moved by Selectman Doyle and seconded by Selectman Tevald. A request from Kate and John Collins for a street light on Green Street was tabled for a report from the Chief on incidents in the neighborhood and to allow Mr. Doyle time to insure from the neighbors that a light is wanted and needed. A Class II license was renewed for,John Tiernan @ Hanover Place as moved by Selectman Doyle and seconded by Selectman Tevald. A general business license was renewed for Robert E. Carleton of 284 High Road as moved by Selectman Doyle and seconded by Selectman Tevald. Two one-day special permits for the sale of alcoholic beverages for Great Chefs Night at GDA on March 15t"and the Firemens Annual Ball at GDA on March 9th were approved as moved by Selectman Doyle and seconded by Selectman Tevald. The Citizens Solid Waste Advisory Committee was advised that reports should be made at Board of Health meetings rather than Selectmen's meetings. The meeting was adjourned at 7:50 p.m. as moved by Selectman Doyle and seconded by Selectman Tevald. Respectfully submitted, Kathleen Sirois, Secretary C 235 SELECTMEN'S MEETING FEBRUARY 19, 2002 At 7:05 p.m. Chairman Tevald called the meeting to order. Selectmen Alan Adams and Michael Doyle were present. Chairman Tevald read a letter from Evelyn Noyes, Chair of the Zoning Board of Appeals recommending that Bruce Saunders be appointed as an alternate member of the ZBA and requesting that the appointment be effective immediately. It was moved by Selectman Adams and seconded by Selectman Tevald to appoint Bruce Saunders as an alternate member of the ZBA. Selectman Doyle voted no. On the recommendation of Kevin Blanchette,.Chair of the Finance Committee it was moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously by Selectman Tevald to appoint William Cooper as a member of the Finance Committee effective-immediately. The meeting was adjourned at 7:15 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH MEETING FEBRUARY 7, 2002 Chairman Tevald opened the meeting at 7:20 p.m. Mr. Adams and Mr. Doyle were, present. 50 Boston Road-It was moved by Mr..Doyle and seconded by Mr.Adams to approve a revised septic repair plan with two local upgrade requests,25%reduction of the SAS and reduction in the wetlands setback from 50'to 36', subject to the health agents review. Ms. Kimball Murray asked that the plans in house not be signed until the corrected revised plans are received and reviewed to prevent any future confusion or errors. Ms. Kimball Murray asked what the procedure would be for installers that failed the license test. It was moved by Mr. Doyle and seconded by Mr.Adams that a second different test could be given until the end of March. Prospective installers may take the test any time during the year within 30 days of their application for a license and with payment of the full fee. 66 Cottage Road-It was moved by Mr. Doyle and seconded by Mr. Adams to notify the owner that information on the relocation of a well at this address must be submitted S within thirty days. � 1 84"Street-A letter will be sent to the owners notifying them that water test results must be submitted within thirty days in order for this renovation project to move forward. 69 Central Street-Todd McGrath of Millennium Engineering on behalf of Mr. William Lacey, owner, again presented a plan for development of the front lot at 69 Central Street showing the septic system within the 300'setback from the fresh water side of the Parker River. He explained the hydrology of the system and expected flows of the effluent and asked for reconsideration of a variance from the 300'bylaw. It was voted unanimously by the board to uphold the bylaw as any exception would set a powerful precedent and the regulation would be compromised. Mr. McGrath was,asked to attempt the revision of this septic plan keeping,to the 300'setback to the fresh water side of the river and resubmit said plan to the board for review. ..�. ..___. �....... .. ..----._:. _.__...... __ ... 151 Main Street-A septic repair plan with one local upgrade request to reduce the 2,37 setback of the SAS to BVW from 50'to 21'was reviewed. Ms. Kimball Murray stated she had some questions on the plan regarding the manifold details and was waiting a reply from the engineer. The conservation commission has also reviewed the plan and has advised that a NOI must be filed. The Board will revisit this plan at the next meeting after filing with the conservation commission and input on the manifold details are received. 50 Fatherland Drive-An as built plan was submitted for review and the owner is looking for the certificate of compliance for this property. Ms. Kimball Murray asked the Board if they wished to sign the certificate of compliance. She noted that the stone did not pass the bucket test,there were no elevations for the bed and no final inspection. Construction was also not completed by the end of the construction season. Mr.Doyle noted that the builder/owner had been fined previously for non-compliance and moved that the certificate of compliance be tabled until these questions can be investigated, seconded by Mr. Adams. 14-51"Street-A draft letter to DEP requesting the status of this property was reviewed and approved. It will be mailed via certified mail,return receipt requested as advised by Counsel to document our request. Board of Health fees were revisited. It was moved by Mr. Doyle and seconded by Mr. Tevald to raise the plan review/permit application fee from$200 to $500 for new construction and$250 for repair/upgrades. The next Board of Health meeting will be Tuesday, March 5'h at 7 p.m. The meeting was adjourned at 8:50 p.m. as moved by Mr. Adams and seconded by Mr. Doyle. Respectfully submitted, Kathleen Sirois, Secretary i SELECTMEN'S MEETING FEBRUARY 26, 2002 Chairman Tevald opened the meeting at 7:10 p.m. Selectmen Alan I. Adams and Michael Doyle were present. Brendan O`R.eagan, Coordinator of the P.I. Water/Sewer Project give a brief overview of contract amendment#3 for Camp Dresser&McKee which adds five tasks to the project design and approximately$90K due to mandates from DEP and ongoing litigation. It was moved by Selectman Adams and seconded by Selectman Tevald to approve and sign the amendment. Selectman Doyle declined signing until he received more information from DEP. An incident report from Chief Merry for Green Street was reviewed in response to a 1 request for a street light. The street light request will be forwarded toMass Electric as moved by Selectman Doyle and seconded by Selectman Adams. The Coleman Road petition to exclude heavy commercial vehicles was tabled until our March 12`'meeting. The Rowley Board of Selectmen will address the request at their meeting of March&h. A request from the Community United Methodist Church to waive building permit fees for their new parsonage was approved as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously by Selectman Tevald. On the recommendation of Counsel, leases for the five siren pole locations were signed for North Atlantic Energy Seabrook Station as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously by Selectman Tevald. 5 it Emily Cademartori of 8 Towns&the Bay and Tim Smith of GROWetlands spoke briefly 239 about the Plum Bush Creek Salt Marsh Restoration Project and presented a cooperative agreement to the Town for their review and consideration. Doug Packer of the Conservation Commission spoke in favor of the project and Chairman Tevald signed the agreement on behalf of the Board. Steve Smith of P.I. asked about an audit of expenditures for the P.I. Water/Sewer Project and was advised that it was in process. Questions about JRM were tabled until after the next ZBA hearing. The meeting was adjourned at 7:40 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. A brief BOH meeting will follow. BOARD OF HEALTH MEETING FEBRUARY 26, 2002 The meeting was opened at 7:50 p.m. by Chairman Tevald. Mr. Adams and Mr. Doyle were present. r It was moved by Mr. Doyle and seconded by Mr. Adams to accept as submitted the revised septic plans for 50 Boston Road A NOI has been filed for this property. A letter of approval was also signed for the prospective owner's bank. Installer's licenses for those that passed the exam and also food establishment licenses were signed by the Board. A letter from Hayes Engineering regarding 50 Fatherland Drive was reviewed. Mr. Tevald was recused. Warren Manter explained some of the problems and discrepancies listed on the permit by the health agent. Mr. Doyle stated he originally thought it was an availability problem but upon inspection of the health agent's schedule he believed it might be a matter of mis-communication. After a brief discussion it was moved by Mr. Doyle and seconded by Mr. Adams to speak with the health agent and address the certificate of compliance at the March 51,BOH meeting. The meeting was adjourned at 8:35 p.m. as moved by Mr. Doyle and seconded by Mr. Adams. Respectfully submitted, Kathleen Sirois, Secretary .,2 41 BOARD OF HEALTH MEETING MARCH 5, 2002 At 7:10 p.m.the meeting was called to order by Chairman Tevald.. Mr. Adams and Mr. Doyle were present. 8 Finnegan Way-A repair permit to replace an old dry well was approved. The enforceable schedule for water/sewer has been signed. An"as built" will be submitted by the installer as documentation of what will be abandoned when w/s comes to P.I. 8-40' Street-A water test was reviewed to accompany a renovation request. The results showed nitrates and ammonia above acceptable limits. An enforceable schedule for water and sewer has already been signed. It was moved and seconded to require a one year contract from a water company for potable water,a signed agreement stating the owners are aware that their.water is not potable and an agreement that the water will be tested every six months. 66 Cottage Road-The location of a new deep well was approved as moved by Mr. Doyle and seconded by Mr. Adams. 157 Main Street-A revised septic repair plan was approved as moved by Mr. Doyle and seconded by Mr. Adams. House to be renovated on the existing footprint,notice of intent filed and approved by the Conservation Commission, and form 9A&B signed for DER Food establishment license fees were briefly discussed. Mr. Conboy and Mr. Mahoney objected to the $75 fee for their establishments as they only sell pre-packaged foods such as candy, chips and juice. It was moved by Mr. Doyle and seconded by Mr. Adams to re- categorize pre-packaged foods and start the fee at $25 for this year with a step up to $50 in the second year and$75 in the third year to bring it back in line with other fees. All new fees established will become effective March.ISt. 9 Larkin Road -,A septic repair plan with no variances was tabled until the notice of intent is filed and approved by the Conservation Commission as moved by Mr. Doyle and seconded by Mr. Adams. Mr. Doyle asked that a letter be sent to Mr. Mountain requesting he attend the next Board of Health meeting to review this plan. 3 Central Street-A passing Title.V inspection report for this property was reviewed and accepted as moved by Mr. Doyle and seconded by Mr. Adams. At the request of the owners a letter will be written stating that.the report has been reviewed by the Board at their March 5t'meeting and they are satisfied that this report dated December 14, 2001 meets the state requirements for transferring property. 10-20`h Street-It was moved by Mr. Doyle and seconded by Mr. Adams to approve a renovation plan as submitted. An enforceable schedule for water/sewer showing the system is not in failure and water test results showing that nitrates are within the allowable limit were also reviewed and accepted. 11 Lunt Street- A septic repair plan with one local upgrade request to reduce groundwater separation from 5'to 4'was tabled until designs from a structural engineer are submitted for the retaining wall shown on the plans, moved by Mr. Adams and seconded by Mr. Doyle. 61 Fordham Way- Septic plans for new construction were tabled pending receipt of a two-bedroom deed restriction and easement for the well as moved by Mr. Doyle and seconded by Mr. Adams. A notice of intent has been filed with the Conservation Commission. 50 Fatherland Drive- Gordon Rogerson of Hayes Engineering speaking on behalf of Warren Manter explained the problems surrounding the installation of the septic system on this property and the questions concerning the health agent's inspectio . After a- lengthy discussion and upon certification'of the engineer that the system was installed in 213 accordance with Title V,Mr. Adams agreed to sign the certificate of compliance for 50 Fatherland Drive. Mr. Adams advised that no future exceptions will be made and all future systems must fully comply with Title V and the health agent's inspections. Mr. Tevald was recused. Copies of a 1981 approved plan for the landfill found in old highway files will be forwarded to Chris Koehler of CDM and McGregor&Associates. It was determined by the board that 20 Fruit Street tabled at the January 29`h meeting will be re-perced in six to eight weeks by engineer Joseph Serwatka rather than asking DEP to approve a rate by soil analysis. Alan Roscoe of CDM submitted his draft of the final management report for Title V activities which is CDM's evaluation of the Newbury Board of Health in accordance with the IOC with DEP. The issues in each section were briefly discussed and a final report will be sent to the board for review. On approval the report will be submitted to DEP by March 15`h for their review and endorsement. The next Board of Health meeting will be April 2nd at 7 p.m. The Board signed a letter verifying Ms.Ximbail Murray's employment as our health agent. This letter to be submitted with her,application for testing as a certified health officer. The meeting was adjourned at 9:30 p.m. as moved by Mr. Adams and seconded by Mr. Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MARCH 12, 2002 Chairman Tevald opened the meeting at 7:10 p.m. Selectmen Alan I. Adams and Michael Doyle were present. A request from Jasmine Murdy of Newburyport for use of the Lower Green on May 18, 2002 for a small civil wedding ceremony at 1 p.m. was approved by the Board subject to the rules for parking and trash removal being explained to Ms. Murdy. Motion made by .Selectman Adams and seconded by Selectman Doyle. A request from Dan Tymann on behalf of the Byfield Parish Church for use of the Upper Green on September 7, 2002 from 10 a.m.to 5 p.m. for their annual family retreat weekend activities was approved.as moved by Selectman Doyle and seconded by Selectman Adams. A request from Cub Scout Pack 44 for use of the:Upper Green on April 6, 2002 from 9 a.m.to 12 noon for their annual spring bottle and can drive was approved as moved by cP1Prtmnn T)nvle and seconded by Selectman-Adams. 245 On the recommendation of the Highway Department and the Planning Board,the Selectmen agreed to place Long View Lane on the ATM warrant for acceptance as a town road. Counsel advised that a hearing might have to be held prior to the ATM but no layout will be necessary as this is a new subdivision road and the layout is in place. Counsel will advise. A letter of support for the exclusion of heavy commercial vehicles from Coleman Road was received from.the Rowley Board of Selectmen. Chief Merry will contact the Rowley Police Chief to obtain the necessary documentation from them for their section of roadway and he will then submit the total package to Mass Highway for their consideration. The Community United Methodist Church asked for clarification of the waiver for building fees voted at the last meeting.;-The Board advised that it would include all town fees for the building of the parsonage. Martha Taylor and Dan Streeter addressed the Board concerning the establishment of a permanent town"open space committee".and the appointment of an ADA coordinator. A packet of information was given to the Board for their review. It was moved by Selectman Doyle and seconded by SelectmanAdams to take the matter under advisement to allow time for study of the information provided. Ms. Taylor and Mr. Streeter were thanked for their time and presentation. The warrant for a STM was discussed. Chairman Tevald asked Mr. Owen, author of the articles, if he would be willing to place these articles on the ATM warrant and save the Town the expense of an extra town meeting. Mr. Owen replied he would not. The articles were accepted as moved by Selectman Doyle and seconded by Selectman Adams and the warrant was signed by the Selectman and will be posted by Constable Dick Cunningham. The meeting date is March 26`h at 7:30 p.m. at the Newbury Elementary School Selectman Doyle advised that the leachate at the landfill is being tested by CDM and the tank will not be pumped until results are received. If these results are good,DEP will be asked to allow us to recycle this material.. In the interim Selectman Doyle has contacted Enpro of Newburyport who will pump the tank for $.30/gallon with a one year contract. Chairman Tevald requested the Board convene in executive session to discuss strategy with respect to collective bargaining/Police Union contract. A roll call vote was taken- Selectman Doyle-yes, Selectman Adams-yes, Chairman.Tevald-yes. Chairman Tevald advised that the Board would not reconvene in open session. The meeting was adjourned at 7:40 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 247 BOARD OF HEALTH MEETING APRIL 2, 2002 The meeting was called.to order at 7:10.p.m. by Chairman Tevald. Mr.Adams and Mr: Doyle were present. A courtesy notice from state licensed electrologist,Diane Matsis,who has set up practice at Lexus Day Spa in Byfield was presented to the Board by the Health Agent. 9 Larkin Road-Dave Mountain was in attendance to discuss his septic repair plans. He noted that the plans should reflect five bedrooms.and not four..'Distances from tank to field,pump chambers and the possibility of using an alternative system were discussed. The Board tentatively approved the system pending receipt of a revised plan for five bedrooms with appropriate calculations and review and approval of the health agent. 61 Fordham Way-The septic plan was tabled until the next meeting pending receipt of a two bedroom deed restriction and easement for the well. 11 Lunt Street- On advice from DEP regarding the retaining wall shown on the septic repair plan drawn for this property by Millennium Engineering,the plan was approved as submitted with one local upgrade to reduce groundwater separation from 5'to 4'as moved by Mr. Doyle and seconded by Mr. Adams. 5 Pearson Drive A renovation request for the addition of a bedroom and living space was briefly discussed. It was moved by Mr. Adams and seconded by Mr. Doyle to table the request until a walk-thru is completed,by the health agent for a correct existing room count and a deep hole is excavated for siting an appropriate.reserve area for the septic system. 45 and 55 Fatherland Drive-Peter Ogren,P.E. from Hayes Engineering spoke to the Board regarding the signing of certificates of compliance for these properties and the alleged problems between the installer of record and the health agent. Mr Ogren asked what could be done to make things right. Ms. Kimball Murray suggested 1)tear up the systems and start over,2) ask DEP for a written determination. It was moved by Mr. Doyle and seconded by.•Mr. Adams to have Mr. Ogren write to DEP explaining the difficulties and asking for a written determination.to resolve these discrepancies. Mr: Tevald was recused. 14-51 Street-It was moved by Mr. Doyle and seconded by Mr. Adams to table any decisions on this property until more information is received from DEP. 4 Paul's Way-It was moved by Mr. Doyle and seconded by Mr. Adams to approve the septic repair plan for this property as submitted with one local upgrade request to reduce groundwater separation from 4'to 3'. High Tail Lane subdivision-Dave Mountain of the Planning Board noted that it was just standard procedure to submit new subdivision plans to the town boards for their input. Ms. Kimball Murray suggested a form be developed for quicker action by the boards. She stated she had witnessed soils and a perc test for one new lot at this address. No ., plans had been submitted to the BOH to date. A letter will be sent to the Planning Board so stating. Tobacco issues will be addressed at the next meeting. ,Brad Andrews will draft regulations for the board's review after his meeting at Triton on April 5`h 66 Central Street-It was moved by Mr. Doyle and seconded by Mr. Adams to table any decisions for Lot 15 A&B until more information is received from the Planning Board regarding Lot 15B. 44 Parker Street- It was moved by Mr.Doyle and seconded by Mr. Adams to approve this septic repair plan with one local upgrade request to reduce groundwater separation 249 from 5'to 4'. Ms.Kimball Murray noted it will be very important that this plan be followed closely during installation as there is no room for deviation. CDM's final report for Title V which has been submitted to DEP was briefly discussed. DEP asked for clarification on clerical support for the health agent. Mr.Tevald noted that this support would not happen in this fiscal year. Mr. Doyle will so advise Mr. Ferris at DEP. A septic system repair grant application was approved for George Forrest of 16 Boston Road in the amount of$31,803 as moved by Mr. Adams and seconded by Mr. Doyle. The meeting was adjourned at 9:00 p.m. as moved by Mr. Tevald and`seconded by Mr. Doyle. Respectfully submitted, SELECTMEN'S MEETING APRIL 2, 2002 Chairman Tevald opened the meeting at 9:10 p.m. Selectmen Alan Adams and Michael Doyle were present. A request from S.P.N.E.A. to hang a banner on the Upper Green back stop to advertise their Draft Horse Plow Match at the Spencer-Peirce-Little Farm was approved as moved by Selectman Adams and seconded by Selectman Doyle. A request from the Byfield Days Committee for the town to supply porta-potties for the Byfield Day celebration on June is was approved as moved by Selectman Doyle and seconded by Selectman Adams. It was the decision of the Board to_schedule a public hearing for the renewal of a Class III . license for Newbury Auto Sales. This hearing will be'scheduled as soon as Counsel is available and in the proper time frame for legal notices to be advertised. A request from Kerrie Faia of Grove Street asking that the town consider re-paving of that road will be forwarded to Tim Leonard for his review and determination. A letter to Representative Stanley from the Irvings of Middle Road asking that.speed signs be posted at the intersections of Middle Road and Highfield and Middle Road and Boston Road was directed to Chief Merry for his investigation. A request for use of the Upper Green ball field by the Newbury Clammers soft ball team on Tuesdays and Thursdays from April through September was approved as moved by Selectman Doyle and seconded by Selectman Adams. A petition submitted by George Balitsa of Courser Brook Drive asking for the installation of sidewalks on Central Street from Manter field to the Library was taken under advisement as moved.by Selectman Doyle and seconded by Selectman Adams. A request from the Parker River Clean Water Association for.use of the Lower Green for their annual Parker River Festival on May 26th(raim date May 27`)was approved as moved by Selectman Doyle and seconded by Selectman Adams.. Also,,a request to hang banners on the Upper and Lower Greens was approved. On the recommendation of the Conservation Commission, Sue McLeroth was appointed to the commission for a one year term as an alternate member as moved by Selectman Adams and seconded by Selectman Doyle. Two Keyspan permits were approved to open and excavate 3 Grove Street and 11 Hay Street for new services as moved by Selectman Doyle and seconded by Selectmen Adams. Street lights at the Fatherland Farms subdivision was briefly discussed. A letter of approval is required by Mass Electric to continue with the installation of these lights. Selectman Doyle asked to table the decision until the meeting of April 3e to allow time to review the documents. Chairman Tevald was recused. A request from the Triton Youth Soccer Association for the use of the Lower Green for U-10 team practices on Tuesdays and Thursdays from April 2nd to.June 13''was approved as moved by Selectman Doyle and seconded by Selectman Adams. The meeting was adjourned at 9:30 p.m. as moved by Selectman Doyle and seconded by Selectman Adams, Respectfully submitted, Kathleen Sirois, Secretary SELECTMENS MEETING APRIL 9, 2002 Chairman Tevald opened the meeting at 7:00 p.m. Selectmen Alan Adams and Michael Doyle were present. The legal notice for a public hearing for the AT&T Comcast/AT&T Corp.application for change of control of the cable'television license was read by Chairman Tevald. Jane Lyman,Manager of Government Affairs for AT&T gave a brief overview of the merger plans and the four criteria involved(legal,.financial,technical and management). She asked for questions or comments and there were none. Selectman Adams moved to close the hearing to take the matter under,advisement, seconded by Selectman Doyle. The hearing was reconvened and Selectman Doyle.moved to approve the transfer of the license, seconded by Selectman Adams and,voted unanimously. Mr. Lyman was thanked for her time and presentation. At 7:15 p.m. the legal notice for a transfer of the liquor license now held by LDJ Restaurant d/b/a Village Diner/Pub to Shots and Sandals LLC d/b/a Village Diner/Pub was read by Chairman Tevald. The buyers Nicholas Avelis and Anthony Militello,both of Gloucester, were present. They explained they.would like to keep the same hours that are in effect and planned to upscale the kitchen equipment,modernize the restaurant area and introduce seafood to the menu. Mr. Avelis is a seafood distributor in Gloucester and Mr. Militello has a sheet metal fabrication business there. Chairman Tevald advised that a board of health inspection would be required at the time of the transfer and a six month probationary period would be in effect for the new operation. Selectman Doyle moved to close the hearing and take the matter under.advisement, seconded by Selectman Adams. The hearing was reconvened and the license was granted as moved by Selectman Doyle and seconded by Selectman Adams subject to approval by ABCC. A one-day special permit for the sale of alcoholic beverages for Governor Dummer Academy for their annual reunion on June 15"`from 12 noon to 12 midnight was approved as moved by Selectmen Adams and seconded by Selectman Doyle. A request from Brian White and Donna Gordon for use of the Upper Green on Monday evenings from April 22°d through the end of October for soft ball league games was approved as moved by Selectmen Doyle and seconded by Selectman Adams. .2.53 Robin Gurlitz of Old Point Road questioned the status of litigation against Newbury by . the Island Futures Group and asked if the suits are dismissed would a frivolous action suit be filed against the group to recoup legal fees._Chairman Tevald advised that the first suit had been dismissed but there is still one ongoing.. A frivolous action suit would have to be addressed by Counsel and it was suggested she contact Jim Lagoulis. Steven Smith asked about the status of funding for that litigation. Chairman Tevald advised that it was status quo at the moment because we are waiting for the courts to address the suit.. At 7:30 p.m. the legal notice for a pole-hearing was read by Chairman Tevald. Peter Glynn,representing Mass Electric explained they would like to move a pole(#36/1) which is currently in a sand due with evident erosion problems to the corner of 35 h Street and Northern Blvd. There would be no excavation of roads. -It was moved by Selectman Adams to close the hearing and take the matter under advisement seconded by Selectman Doyle. The hearing was reconvened and it was moved by Selectman Adams and seconded by Selectman Doyle to approve plan#666 as submitted. A request from Paul Daubitz to speak on behalf of the Citizens Solid Waste Committee was tabled to the next meeting due to Mr.Daubitz's absence.;Chairman Tevald noted that the letter was addressed to the Board of Health and will be placed on the agenda for the April 30a'meeting. Dave Williamson of Southern Blvd. questioned a letter sent by Selectman Doyle to Governor Swift asking for her review and intervention in the Plum Island Utilities Project. Selectman Doyle stated it was his right as a private citizen to send the letter and it was not on town stationary. Mr. Williamson stated, it seems like back door politics to ask for the suspension of a project that mas voted by a majority of the people. Selectman Doyle replied, I am not in favor of this project and have not voted for it". Mr. Williamson stated for the record, "I am concerned when we have a vote and the majority support$a project,will our elected officials respect that majority?" The Board acknowledged the receipt of a check in the amount or$1240.50 which represents AT&T Broadband subscriber'&es for 2001. Chairman Tevald announced the closure of the ATM warrant and it was approved as moved by Selectman Doyle and seconded by.Selectman Adams. The warrant will be signed and posted by the Constable prior to April 16`b. The contract from American Medical Response for ambulance support services for FY03 was approved and signed as moved by Selectman Doyle and seconded by Selectman Adams. Selectman Adams congratulated Chairman-Tevald on his,15 years of service and wished him well on his retirement from town politics. Chairman Tevald replied it had been a pleasure and he hoped to serve the town in a lesser capacity in the future. The meeting was adjourned at 7:55 p.m as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 255 BOARD OF SELECTMEN APRIL 30, 2002 The meeting was opened at 9:30 p.m by.Chairman Tevald. -Selectmen Adams and Doyle were present. , The legal notice for a hearing on the renewal of a Class III license for Newbury Auto Sales at 60 Newburyport Turnpike was read and was published in the Daily News on April 19,2002. Attorney Harrison representing Newbury Auto Sales briefly described the history of the business since the'30s and the progress made cleaning and organizing the site. Questions were taken from the audience pertaining only to the junk yard business. At the close of the question and answer session Selectman Adams moved to briefly close the hearing for discussion- The hearing was reopened and it was moved by Selectman Adams to grant the Class III license renewal, seconded by Chairman Tevald. Selectman Doyle voted no and the hearing was closed at 10 p.m The resignation of Brendan OReagan as PIPC was accepted with deep regret. It was moved by Selectman Adams and seconded by Selectman Doyle to work with Newburyport to assign a replacement,for the PIPC position. A request from the NewburyByfield Baseball League for permission to hold a cookout at the opening day on May 5`�at Pearson Field was approved by the Board. At the request of the Parker River Clean Water Association it was moved by Selectman Adams and seconded by Selectman Doy6to allow the Town to be named as applicant for repairs to the fish ladder in the Parker River. The installation of street lights on Fatherland Drive was once again tabled to allow the Chief to look into what is needed from the Town. Chairman Tevald was recused. The contract for.Betsy Ware the new Planner,working with the?lanning Board was approved and signed as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The Health Agent's contract was briefly discussed and Chairman Tevald suggested that it be extended until June 30a'to bring her into compliance.with all other town appointments, moved by Selectmen Adams.and seconded by 'Selectman Doyle. The meeting was adjourned at 1 U:25 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF HEALTH APRIL 30,-2002, Chairman Tevald opened the meeting at 7:15 p.m. Mr.Adams and Mr. Doyle were present. 9 LARKIN ROAD-A revised septic,repair plan showing.a five:(5)bedroom design was approved as submitted as moved by Mr. Doyle and seconded by Mr. Adams. The health agent requested Mr. Mountain continue to submit pumping receipts until the new system is in place. 61 FORDHAM WAY-A septic plan for new construction with a well easement and deed restriction in place and also Conservation Commission approval was approved as submitted as moved by Mr. Doyle and seconded by.Mr. Adams. 69 CENTRAL STREET-Contingent on the sale of this property,the owner has 2, 57 requested his application for a septic system within the required 300' setback to the Parker River for a new lot be withdrawn without prejudice. 8 JOHNSON ROAD-A renovation request was tabled as moved by Mr. Adams and seconded by Mr. Doyle'until a more professional drawing of the existing and proposed plans are received as well as a signed contract for potable water. The enforceable schedule for sewer/water has been completed. 5 PEARSON DRIVE-The Health Agent advised that the owners had withdrawn their request for renovations. Ms. Kimball Murray reported she had done a walk-thru as requested by the Board and found eleven(11)existing rooms. It was.moved by Mr. Doyle and seconded by Mr. Adams to deny this renovation request based on this report. 66 CENTRAL STREET-Lot 15 A and 15B-It was moved by Mr. Doyle and seconded by Mr. Adams to approve the septic repair plan for lot 15A with the existing house and table the plan for Lot B until further determination is made by the Planning Board regarding the possibility of creating a second lot, be it buildable or non-buildable. 53 OLD ROWLEY ROAD-A septic repair plan was submitted by Millennium Engineering for review with two local upgrade requests 1)reduce groundwater separation from 4'to 3'and 2)to reuse the existing.1000 gallon septic tank. After a brief discussion, it was moved by Mr. Doyle and seconded by Mr.Adams not to allow the reuse of the old tank. A 1500 gallon ledge tank would be preferred but if it will not fit without blasting then a new 1000 gallon will be allowed. Plans are to be revised to show this decision. The request for the 4'to 3' separation was granted as moved by Mr. Doyle and seconded by Mr. Adams. A sanitation certificate for Holten Hall at the 1'r Parish Church for their state certification was signed by the Board and the fee for their food establishment permits was waived as moved by Mr. Adams and seconded by Mr. Doyle. In order to clarify our regulation regarding,set backs from the Parker River,Dave Mountain of the Planning Board suggested that DEP standards for a tributary(perennial stream)be used and the burden of proof be.placed with the applicants. For the long term it was suggested that the regulations be amended through the public hearing process. It was moved by Mr. Adams and seconded by.Mr. Doyle to accept DEP's perennial stream guidelines for the interim and to work with the Board of Health to amend the Town's regulation. 170 NEWBURYPORT TURNPIKE-As requested,the well.has been relocated and water test reports are in place.-The release,for the Title V approval was granted and signed by the Board as moved by Mr.•Adams and seconded by Mr.Doyle. Brad Andrews, Program Director of the North East Regional BOH submitted for review by the Board new regulations governing the sale of tobacco to minors and the establishment of a permit process for the Town. He also asked the Board to consider a change in the Triton tobacco regulations to include the BOH in assessing violations and fines. It was moved, seconded and voted unanimously to.accept the youth access regulations as presented and to approve the inclusion of the BOH in the Triton regulations. 80 HIGH ROAD-It was moved by Mr. Doyle and seconded by Mr.Adams to approve the septic repair plan as submitted with two local upgrade requests I)reduce groundwater separation from 4'to 3'and 2)reduce the setback of the SAS to the foundation from 20'to .16 with the installation of a membrane: 257 HIGH ROAD A septic plan for new construction was approved as submitted as moved by Mr..Doyle and seconded by W. Adams. 131 NORTHERN BLVD. -The Health Agent advised the Board of a trash complaint which was brought to her attention by Tim.Leonard. .Inspections have been done on April 2, 16 and 18 and the area has been cleaned and is much improved. .It was determined by the Board that a name and phone.number must be obtained from anyone making a complaint in order for the Health Agent to properly address the situation 23 PLUM ISLAND BLVD. -Two letters have been sent to the owner requesting that the 259 property be cleaned up. Some trash has been removed and a follow up inspection will be. done to insure that all trash.is removed as requested. If action is not taken in a timely manner by the owner,a fine may be levied. 2 NORTHERN BLVD. -An anonymous complaint has been received regarding a snow fence post protruding from a dune on this property. Tim Leonard has offered to torch the post off below ground to prevent injury to the public pending permission from the owner of the property. The Board consented to allow Tim to take care of this problem if the owner's permission is obtained. 5 O'CONNORS COURT-It was moved by Mr. Adams and seconded by Mr. Doyle to request the owner relocate his well point to obtain the 50'separation well to SAS and retest the water for his Title V inspection report. An enforceable schedule for water/sewer and contract agreement for potable water if needed are in place. 161 HIGH ROAD-It was moved by Mr. Doyle and seconded by Mr.Adams to approve a septic repair plan with one local upgrade request to reduce groundwater separation from 4'to 3'contingent on approval from the Conservation Commission. 7 COLLINS WAY-The Title V inspection report failed due to nitrates and coliform present in the water test due to a u/v system failure. The system has been repaired and a second test will be done with the testing company drawing the sample so it will not be compromised. An enforceable schedule,for water/sewer is in place and contract agreement for potable if needed will be signed.,The owner was advised to bring the new results to the next meeting for a final determination. 14-51 sT STREET-A lengthy discussion ensued with property owner Peabody and Chris Leahy of Millennium Engineering regarding DEP correspondence about building on this lot. DEP disagrees with the owner on meeting the transition rules and determination of the V-zone. The engineer suggested that a plan be drawn for a two bedroom deed restricted IA system as it was their determination that there was enough land to support a two bedroom system and the nitrogen loading requirements and it is also their determination that the property is not in the v-zone in accordance with the FEMA maps. It was moved by Mr. Doyle and seconded-by Mr.Adams to allow the engineer to move ahead with the design of a two bedroom deed restricted IA system contingent on proof that there is enough land to meet with the nitrogen loading requirements and confirmation that it is not in the v-zone. #45 AND#55 FATHERLAND DRIVE AND#78 CENTRAL STREET=Chairman Tevald was recused. Based on the results of testing on these three properties and upon the certification of Hayes Engineering and Universal Labs it was moved by Mr. Doyle and seconded by Mr. Adams to approve and sign the certificates of compliance. Mr. Ogren of Hayes Engineering stated that all future systems will follow BOH regulations and health agent inspections. Abby Gindele a member of the Citizens Solid Waste Committee spoke on behalf of Mr. Daubitz and the committee. They asked for an independent audit on the.landfill from 1996. She was advised that there is no funding for such an undertaking and it was suggested by the Board that the committee meet with the town accountant and the auditor who audits the town's book each year to obtain information on these accounts. The meeting was adjourned at 9:15 p.m.as moved by Chairman Tevald and seconded by Mr. Doyle. Respectfully submitted, Kathleen Sirois, Secretary �x2 61 SELECTMEN'S MEETING MAY 23, 2002 Clerk,Alan Adams opened the meeting at 9,30 a.m. Selectmen Michael Doyle and Richard Joy were present. The purpose of this meeting was to reorganize the board. Selectman Doyle moved to nominate Alan Adams as Chairman, seconded by Richard Joy.,.Selectman Adams declined the nomination due to poor health.. Selectman Adams moved to nominate Richard Joy as Chairman for the ensuing year, seconded by Selectman Joy and voted unanimously by Selectman Doyle. Selectman Adams nominated Selectman Doyle as Clerk, seconded by Richard Joy and voted unanimously. On the recommendation of Chief Merry the following persons were appointed as lifeguards for the 2002 summer season:- Head guard-Andrew Cote Asst. Head guard-James Shaffner Lifeguards-Kristie Hambrecht, Lorianne Hambrecht, Keith Hambrecht, Bethan Noonan,James Ward,Dante Blancarte,Adam Chicoine,Alexander Gallup, Michael BiscarA Benjamin Cawy,,Caroline Linnehan,Kate Flanders,Christopher Germain and Alexander Rice-Swiss. Selectman Doyle advised that he had been approached by the residents of Morgan Avenue to have a stop.sign placed at the intersection of South Pond Street. Chief Merry noted he had looked into it and there had been no accidents at this.site. However,there is room for a sign and he recommended the intersection be painted by the Highway Department. The Police contracts have been reviewed,revised and approved by the Board and will be signed today. A letter to P.I.property owners from the Board of Health regarding"no trash pick-up" this summer was read by Chairman Joy. ,It was approved by the Selectmen as moved by Selectman Doyle and seconded by Selectman Adams. It was suggested that a notice'be placed in the Daily News at the expense.of the Selectmen. A working session was scheduled with the Treasurer,Accountant and board to discuss fmances and the special town meeting warrant. A request from Protection Fire Co.#2 for the old cruiser was briefly discussed and tabled until the May 28`'meeting. The meeting was adjourned at 10 a.m.as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MAY 28, 2002 Chairman Richard Joy opened the meeting at 7 p.m. Selectmen Alan Adams and Michael Doyle were present. The minutes of the past two meetings were read and accepted as moved by Selectman Doyle and seconded by Selectman Adams. Chairman joy welcomed the new BOH members in attendance and offered this board's aid and 110% support whenever needed. Chris Koehler and John Donovan of CDM were present. Mr..Donovan spoke briefly of the Mass DEP interim order by consent dated August 2000 and the status of the tasks 263 before CDM and the town regarding Title V. An amendment to their contract in the amount of$15K to finalize the four remaining open tasks required by a DEP letter dated 4/9/02 was put before the Board. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve this.amendment to the 7/30/01 contract with CDM. Chris Koehler spoke on the landfill closure, status of permitting and construction schedules and the engineering services provided through the bidding process. He outlined the cap and close procedure and in answer to Selectman Doyle's question advised that the existing transfer station area will remain open through cap and close but that the commercial area will be closed. The new transfer station, if permitted,will be relocated. Mr. Donovan advised that it was his impression from DEP that commercial haulers will have to use other facilities, as any new transfer station will be for residential . use only. A new contract in the amount of$149K was approved as moved by Selectman Doyle, seconded by-Selectman Adams and voted unanimously for engineering services to complete the landfill cap and closure. Mr. Donovan also spoke on the town's application for a site assignment for the proposed new transfer station. He estimated approximately one year between cap and close and a new transfer station ifall goes well., He offered.CDM's help with the site assignment process and will submit a contract for that scope of work in the near future. Selectman Doyle stated that after speaking with Madelyn Morris of DEP he believed the town could still apply for a grandfathered site assignment,.if the board were to immediately call for a public hearing. Mr. Koehler advised that an application, site suitability report and public hearing were necessary to start this process.;The Board thanked Mr. Donovan and Mr. Koehler for their time and information. A request from Protection Fire Co.#2 for a used cruiser, which was tabled at the May 23`d meeting, was addressed. On the recommendation of Chief Merry it was moved by Selectman Adams and seconded by Selectman Doyle to sell this years trade-in and allow Protection Co.#2 to take over the 2003 trade-in next year, which is reportedly a better vehicle. Selectman Doyle advised that he and Mr. Taylor had contacted the residents of Morgan Avenue regarding the placement of a stop sign at the intersection of Morgan Ave. and So. Pond Street and everyone, without exception,was in favor. It was suggested that white lines marking the stop also be painted on the road. It was moved by Selectman Doyle and seconded by Selectman Adams to approve,the stop sign and painted markings. A license renewal for Anthony Knapp d/b/a Buddy's Books at 152 High Road was approved as moved by Selectman Adams and seconded by Selectman Doyle. Resignation letters from Cheryl McCarthy(Library Board of Trustees) and Alex Hasapis (ZBA)were read and accepted with deep regret and thanks to both individuals for their time served. Two permits from Keyspan to open and excavate 13 Hay Street for the installation of a new gas service and 8 So. Pond Street to retire a gas service were granted as moved by Selectman Doyle and seconded by Selectman Adams, subject to Tim Leonard's.review. A request for use of the Upper Green from the American Hand Fire Engine.Society to hold a firemen's muster on Saturday, July 27,2002 was granted as moved by Selectman Doyle and seconded by Selectman Adams: A request for the use of the Upper Green from the Yankee Homecoming Committee for an Armed Forces display on July 27 and 28,2002 was granted as moved by Selectman Adams and seconded by Selectman Doyle. It was noted that a tour of the Middleton Transfer Station had been arranged by BOH member Elaine Byrne for Wednesday,June 5.d'at 9 a.m. Persons wishing to attend should contact M&Byrne. A petition received from Patricia Rodgers asking that Church Street be made one-way was read and discussed. It was moved by Selectman Doyle and seconded by Selectman Adams to table this item to allow the Chief time to assess this request and also to look.at Lunt Street. The Chief did advise that the proposed stop sign at the 95S ramp and a posted speed limit were both under state jurisdiction and the town could not change them A complaint from Clay Crabtree of Jocelyn Marine Services regarding the recent$6002 6r5 commercial ramp fee was discussed. A compromise to$300 was suggested by Selectman Doyle and dismissed by Crabtree and several residents. It was finally moved by Selectman Doyle and seconded by Selectman Joy to charge a$100 fee for commercial ramp use this season and revisit the fees prior to the end of the boating season. Selectman Adams voted present. At 8:25 p.m. a five-minute recess was called. The meeting was reconvened at 8:30 p.m. Steve Smith suggested that all boards be asked to enforce the established rules and regulations especially those concerning P.I. growth. Chairman Joy advised the STM warrant was open and would close to petition articles on Tuesday, June 4t'. Under Chapter 61A the Board agreed to release an option to purchase property(40,000 s/f), Lot 8 Elm Street,owner of record David S.Caldwell Corp. (Assessors Map.R1641) as moved by Selectman Adams and seconded by Selectman Doyle. No one in attendance showed interest in purchasing this property on behalf of the town: Ron Garand asked about the rock work being done on Middle Road and Orchard Street. He was directed to theHighway Superintendent,Tim Leonard. Steve Smith asked where the$149K for CDM's new contract will come from. Selectman Doyle advised it would be from closure bonding. Selectman Doyle suggested as a new format there be a fifteen-minute open session for general questions prior to the Selectmen's meetings. He also suggested the office be open the P Tuesday of each and possibly one Saturday morning each month. The matter was taken under advisement for a future meeting. Selectman Doyle also noted that the Finance Committee is still short three members. Selectman Adams stated he would like any interested.candidates to meet with the Finance Committee and the committee could then make a recommendation to the Selectmen.. The meeting was adjourned at 9:15 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, f Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 11, 2002 The meeting was called to order by Chairman Richard Joy.: Selectmen Alan Adams and Michael Doyle were present. The minutes of the May 28`"meeting were read and accepted as moved by Selectman Doyle and seconded by,Selectman Adams. The warrant for the Special Town Meeting to beheld on June 25,,2002 at 7:30 p.m. at the Newbury Elementary School was reviewed and signed by the Selectmen and will be posted by Constable Richard Cunningham. It was moved by Selectman Adams, seconded by.Selectman Doyle and voted unanimously to appoint the following three persons as Commissioners for the Old Town Water District Charles Bashaw, Worthen Taylor Sr. and Geoffrey Walker. It was moved by Selectman Doyle and seconded by Selectman Adams to issue a letter of good faith to CDM so work on the filing for the Town's transfer station site assignment can be started. A contract is being prepared and should be ready for signatures within the next ten days. -2 67 BOS Meeting (cont'd) June 11, 2002 Roger Thurlow spoke for Gene Palumbo regarding the ongoing problems with McDonald's sand and gravel business on Hanover Street. He suggested that it might be time for the Town to call in the lien against the company and close down the operation. Selectman Doyle advised that Counsel would be contacted to see what steps can be taken. Chairman Joy noted that the Board of Health and Doug Packer of Conservation should also be kept in the loop. Chief Merry addressed the Church Street petition. He advised that he.was waiting for Byfield Fire to review the situation and make their recommendation. A complete report should be ready for the July meeting. Leonard Kopelman of Kopelman&Paige spoke briefly on a proposal for services offered as Counsel for the Town. He listed the towns represented in Essex County,the services covered by his company and a synopsis of cases they had successfully litigated. Selectman Doyle suggested that the Board check some of the resources and references presented. Mr. Kopelman was thanked for his presentation A proposal and site plan recommendations from Northeast Mosquito Control for site #499A Newbury,Boston Road Landfill Capping Project was tabled until the next . meeting to allow time for review and discussions with the Conservation Commission. A response letter to MEPA regarding the JRM ENF was read and signed and will be forwarded to McGregor&Associates to be included in the Town's package response. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to close Town Hall on Friday,July 5t. Selectman Doyle asked if the Board had considered holding an open session prior to the meetings to allow questions and concerns on the agenda articles to be heard. He also asked if there would be questions allowed during the meeting. Chairman Joy replied that it was a Selectmen's meeting not a Town Meeting but anyone could certainly ask to be on the agenda and the Board would consider setting up an open session. Selectman Adams suggested that any questions could also be presented to the Board in writing and would be reviewed and answered. Mr. Garand again questioned the rock movement on Middle Road and Orchard Street. He was asked to speak with Tim Leonard and insisted that the Selectmen answer his questions. Chairman Joy stated he would get the information for Mr. Garand by the next meeting. Selectman Doyle asked if the Selectmen wished to keep the office open on the odd Tuesday evenings and possibly one Saturday a month. Selectmen Joy and Adams replied that if they were available they would be happy to cover a Tuesday evening but neither would be available on Saturdays. Selectman Doyle will advertise extra openings in the Daily News when scheduled. The Meeting was adjourned at 8 p.m. as moved by Selectman.Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary 2169 SELECTMEN'S MEETING JULY 9, 2002 The meeting was called to order at 7:10 p.m. by Chair Richard Joy. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the June I Vh meeting were read and accepted as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. The newly appointed Commissioners for the Oldtown Water District were welcomed and asked to organize their board. Brownie Taylor nominated Geoffrey Walker as Chairman. Mr. Walker thanked Mr. Taylor but declined the nomination due to other commitments. Mr. Walker nominated Charles Bashaw as Chairman, seconded by Brownie Taylor and voted unanimously. Mr. Taylor nominated Geoffrey Walker as Secretary, seconded by Mr. Bashaw and voted unanimously. .W. Walker nominated Brownie Taylor as Treasurer,seconded by Mr. Bashaw and voted unanimously. Chairman Joy stated this board is now empowered to hold meetings and meet with other town boards. An election date must be set and openings will be advertised and a ballot will be posted. Any resident of Oldtown is welcomed to run for a position. The Commissioners were thanked for their time. It was moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously to appoint Fred Thurlow to the Planning Board to fill the 5 year open position until the May 03 election. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to appoint Martha Taylor as alternate Planning Board representative to the MVPC. On the recommendation of Chief Merry,Allison McNiff was appointed as part time lifeguard for the 2002 summer season as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. On the recommendation of the Harbormaster,Michael Smith was appointed as Harbormaster Assistant and Bradley Frost was appointed as Harbormaster Helper as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. . On the recommendation of Ed Suprin,Director of the Summer Recreation Program,the following persons were appointed as Counselors for 2002 as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously-Jessica Murphy, Sharon Smart, Jeff Magner, Kierra Clemenzi,Neil O'Malley,Jeff Christensen, Jacob Salley,Katie Younes, Kelsey Shamano, Amelia Random, Chris Gulino,and Jackie Murphy. The Board acknowledged the receipt of the Refuge Revenue Sharing Check in the amount of$86,418 covering FY01. The Board acknowledged receipt of a check from Representative Harriett Stanley in the amount of$200 representing 1/7 of her 8 day pay cut which she divided amongst the seven communities she represents. It was moved by Selectman Doyle and seconded by Selectman Adams to send Representative Stanley a letter recognizing receipt of this check. ` Alba Gouldthorpe, Chair of the Board of Health addressed the Selectmen regarding closure of the transfer station to commercial haulers. She stated she felt the BOH had been left out of the loop and not enough notice had been given to the residents of P.I. and the haulers. She advised that the BOH had extended the closure for one week until this meeting. There appears to have been some miscommunication partly due to bad acoustics at town meeting. Mrs. Gouldthorpe said she felt as though she had let the . people down by not giving them enough notice and she asked if in the future the BOH could be notified of any decisions affecting their board. She also asked for copies of any documents pertaining to the BOH. Chairman Joy assured her that the Selectmen would assist in any way possible and would keep the BOH in the loop. To reiterate the prior decision on commercial haulers, it was moved by Selectman Doyle and seconded by Selectman Adams to.close the transfer station to all commercial hauling effective immediately. . 271 BOS Meeting(cont'd) July 9, 2002 A letter from Byfield Fire regarding the petition to designate Church Street one way was read and will be included in a package being prepared by Chief Merry for review by the board. Recommendations will be made at the next meeting. Warren Manter spoke about revised plans for playground construction due to the defeat of the override vote. The new,plans would address three fields and irrigation, leaving the runway for parking. He asked permission to re-bid this down scaled project if Triton is not able to start work immediately on their fields. Both areas should not be under construction at the same time but the Town should at least do the irrigation project this year, he stated. It was moved by Selectman Adams and seconded by Selectman Doyle to approve the advertisement for bids for the revised plan. It was also moved by Selectman Adams and seconded by Selectman Doyle to close a 500' section of Central Street to thru traffic except for local residents to allow Mr. Manter to repair drainage and rebuild that section of the road as agreed to in his subdivision plans. Dan Streeter spoke about a boardwalk project along the Central Street property. It was moved by.Selectman Adams and seconded by Selectman Doyle to allow the committee to file an application for a "recreation trails grant". Funding of approximately$7K for materials for this project will be taken from the Central Street project funds. Nicholas Metcalf questioned the Board's decision to renew JRM's Class III license for the junkyard. Counsel replied that an existing license cannot be denied without cause and these are very specific. Mr.Metcalf also asked if Kozazcki's well would be jeopardized because it is within the half mile radius of this commercial salvage yard. Mr.Lagoulis stated this was a valid issue and the Town may have to look at entering.into an agreement with JRM or take that property by eminent domain. Mr. Lagoulis also advised that the technical fee received from JRM in the amount of$15K is for use by the community for expert consultants to investigate JRM's application for a transfer station. The Board and Counsel asked that if anyone has knowledge of the well at the elementary school,this information would be welcomed. It was moved by Selectman Doyle and seconded by Selectman Adams to request McGregor&Associates act as co-counsel in all dealings with JRM. A request from Bob Cole of Temple Street for use of the Upper Green on August I Oth from 12 noon to 5 p.m. for a family outing was approved as.moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Gene Palumbo again brought a compliant against McDonald Trucking, saying they do . not abide by laws. Chairman Joy assured he would speak with Counsel and Chief Merry and take action against Mr. McDonald. Chairman Joy addressed Mr. Garand's questions about work on Middle Road and Orchard Street. He read a report from the highway superintendent and also two letters of thanks from residents for this work. It was moved by Selectman Adams,seconded by Selectman Doyle and voted unanimously to send a letter of commendation to Tim Leonard*for his leadership and innovative ideas and a letter of appreciation to the DPW crew for their dedication: Chairman Joy expressed his concern about frivolous complaints coming before the board and asked Mr. Garand to address his future concerns or complaints in writing to the secretary for the board and the board would respond to his queries at a Selectmen's meeting. The meeting was adjourned at 8:30 p.m.as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 273 SELECTMENS MEETING JULY.23,2002 Chairman Richard Joy opened the meeting at 7 p.m...Selectmen°Alan I.Adams and Michael Doyle were present. The minutes of the July 9`"meeting were accepted as read as moved by Selectman Adams and seconded by Selectman Doyle. David Santomenna of the Essex County Greenbelt Association,Inc. presented a copy of a conservation restriction on 8.8 acres of land on Green/Hanover Streets,owned by Bud& Mae Atkinson which they donated to Essex County Greenbelt to be preserved as conservation land..It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve and execute this document. Under Chapter 6 1 A the Board released an option to purchase approximately 145 +/- acres of land on Elm Street,owned by David S. Caldwell Corporation(Assessors Map R16-01 and R02-11) as moved by Selectman Adams,seconded by Selectman Doyle and voted unanimously. No one in attendance showed interest in purchasing this land on behalf of the Town. It was moved by Selectman Adams and seconded by Selectman Doyle to approve and sign amendment#4 to the CDM contract with Newburyport and Newbury for the extension of services necessitated by unforeseen delays.. This amendment had been approved by the P.I. Workgroup at their session on June 5, 2002. A request for use of the Upper Green on August 24 and 25 as a 50 mile rest stop by the North Shore Cyclists for their annual century ride was approved as moved by Selectman Adams and seconded by Selectman Doyle. On the recommendation of the Library Board of Trustees,Deborah L.Casey was appointed to the Board.of Trustees to replace Cheryl McCarthy, as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. On the recommendation of Chief Merry,police appointments were approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. General government re-appointments were also approved as moved by Selectman Doyle and seconded by Selectman Adams. The position of Town Counsel was briefly discussed. Selectman Doyle suggested interviewing Gary Bracket,Counsel for Easton and Judy Pickett,Counsel for Littleton before making an appointment. Selectman Adams stated he felt continuity and local experience were important at this point in time. Selectman Adams moved to re-appoint Jim Lagoulis as Town Counsel for one year, seconded by Selectman Joy. Selectman Doyle voted no. Selectman Doyle moved to re- appoint Dick Cunningham to the Historic Commission. There was no second and the motion died. Nicholas Metcalf;representing the Citizens Solid Waste Advisory Committee, questioned the material used to fill in the area where the commercial ramp was removed. The Board advised they-would check with Tim Leonard. Mr. Metcalf also requested an audit on the transfer station and asked for proposed costs of a new transfer station. He questioned from whose budget these Rinds would be taken,asked about a police detail at the landfill in February,clarification of Waste Management's figures and an adjustment in accounts on June 30a'. He was asked to put these questions in writing to the Board so they could., address them with the proper departments.. Selectman Adams raised a question about the validity of this committee as they have never been officially appointed. The Board will look at the past meeting minutes and look at appointments at the next meeting., Mr. Metcalf was thanked for his time. It was moved by Selectman Adams and seconded by Selectman Doyle to empower Chairman Joy to negotiate a contract withTim Leonard as Public Works.Director,for review and final approval of the Board. Chief Merry gave brief reports on his suggested proposals for traffic control on Church Street,Lunt Street and High Road at Rolfe's Lane and Hanover Street. It was moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously to approve the Chiefs proposals as submitted. r 275 BOS Meeting.(cont'd) July 23, 2002 A request.from the Historical Society of Old Newbury to hang a banner on the Upper Green back stop advertising their Antiques Show the weekend of August 23`d was approved as moved by.Selectman Doyle,seconded by Selectman Adams and voted unanimously. Selectman Doyle suggested the Board of Health be recognized at the end of each meeting to voice any questions or concerns that might-need the Selectmen's input. Alba Gouldthorpe, Chair of the Board of Health questioned the.legality of the Citizens Solid Waste Advisory Committee and stated that she had come to rely on their input. Selectman Doyle again moved to accept the committee, seconded by Selectman Joy and voted unanimously. Selectman Doyle asked about the Fernald-letter regarding fees on the.Parker River. Chairman Joy advised they would be addressed in early fall. A letter of acknowledgement is to be sent to Mr. Fernald along with an invitation to attend this fall meeting when scheduled.: Selectman Adams noted that Mr. Publicover also wished to be at this meeting and he will also be advised of the date. Painting the fence at the Woodbridge School was discussed and Selectman Doyle asked about completing the enclosure with gates. Chairman Joy will check with Tim Leonard about the painting and the gates will be discussed at a later date. Chairman Joy acknowledged a 4etter received from Mr:Garand asking about road repairs and related activities. As it was not on the meeting agenda, Chairman Joy asked Mr. Garand to put his.questions in writing to the:Selectmen and they will address his concerns. The meeting was adjourned at 8:30 p.m.:as moved by.SelectmawAdams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary . SELECTMEN'SN EETING AUGUST 13; 2002 Chairman Joy opened the meeting at 7 p.m.,,Selectmen Alan L Adams and Michael._ Doyle were present. The minutes of the July 23rd meeting were read and accepted as moved by Selectman Adams and seconded by Selectman Doyle. A letter of commendation was presented to lifeguard James A. Shaffner for his handling of the rescue of a diving victim on Plum Island. A request from the Webers at 5 Olga.Way for use of the town parking lot for overflow ` visitors on August 16t'was approved as moved by Selectman Doyle and seconded by Selectman Adams. A request from Protection Fire Co.#2 to hold a"boot drive" for Muscular Dystrophy at the traffic lights on High Road/Rolfe's Lane on Sunday September 1'from 8 a.m.to 4 p.m. was approved as moved by Selectman Doyle and seconded by Selectman Adams. Approval was also given to hang a banner on the back stop of the Upper Green for this event. 2 7.7. A new license for Mark Allin d/bla Precision Automotive Restoration Inc. at 86 Newburyport Turnpike was approved as moved by Selectman Doyle and seconded by. Selectman Adams. The warrant for the State Primary on.Tuesday September I?"h was reviewed and signed by the Board and will be posted by a Constable. A letter.of notification from the Essex County Sportsmen's Association was read announcing that the work on the Parker River Fishladder,will begin on or about August 25th. ECSA invited the Town to join as a partner in this project and a request for use of some highway department equipment was approved as moved by Selectman Doyle and seconded by.Selectman Adams-Selectman•Adams noted that there were a few loose stones on the bridge that needed to be replaced and he will speak with Tim Leonard to see if this can be accomplished at the same.time as the.fishladder repairs. On the recommendation of the Town Clerk;Anne Hatheway was appointed as Assistant Town Clerk for FY03. On the recommendation:of Director Alix McArdle the following persons were appointed as Council on Aging members:=Mary A:Rogers,Barbara Butler,Joan Canning,Grace E. Daly, Cynthia Dennis, William King and'Dorothy,Williams. The Board advised that contracts had been signed for the Central Street Athletic Fields Project with John Hartnett and Son and for the Cap & Close Project at.the landfill with Littleton Environmental Services. Work on both projects will begin immediately. Chairman Joy noted that five applicants for the position of Conservation Agent had been screened and three interviews'had been held. By unanimous decision the Board bw chosen Doug Packer to be Newbury's Conservation Agent with the stipulation that if conflicts arise with his Conservation,Commission duties he will step down from the Commission. It was moved by Selectman Doyle;seconded by Selectman Adams and voted unanimously to appoint Mr.Packer as Newbury's Conservation Agent. Abby Gindele of the Citizens Solid.Waste Advisory Committee gave a brief update of their work over the past few weeks. She spoke about recycling, alternate uses of the. containers on site, signage,contracts for waste removal and the possibility of buying,or renting a compactor for MSW. She was asked to submit minutes of the CSWAC meetings to the Board and a place will be set aside on the agenda for their updates at each meeting. Ms. Gindele was thanked for her:report. On the recommendation of Chief Merry Kathy Spenser was appointed as ph dispatcher as moved by Selectman Doyle and seconded by Selectman Adams. A letter from Steve Smith was read recommending the establishment of a"beach committee"to address erosion on the beach.and grant monies and to work with the Conservation Commission. It was moved by Selectman Doyle and seconded by Selectman Adams to establish this committee and volunteers should submit their applications to the board in writing for consideration. A request from the Planning Board for permissiont6 seek legal advice from Counsel was approved by the Board. The Planning Board also advised that changes to the zoning bylaws were being considered and drafts will be generated for review by the Selectmen for referrals for public hearings. On the recommendation of the Planning Board, Geoffrey Walker was appointed as liaison to the Conservation Commission as moved by Selectman Doyle,and seconded by Selectman Adams. Selectman Doyle will be liaison to the Planning Board for zoning bylaw changes. The meeting was adjourned at 805 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMENS MEETING 279 AUGUST 27,2002 Chairman Joy opened the meeting at 7:10 p.m. Selectmen Alan L Adams and Michael Doyle were present. The minutes of the August13"meeting were read and accepted as moved by Selectman Adams and seconded by Selectman Doyle. The Board approved a permit from Keyspan to open and excavate 12 Rolfe's Lane to install anew gas service as moved by Selectman Adams and seconded by Selectman Doyle. Abby Gindele of the Citizens Solid Waste Advisory Committee gave a brief update of the activities of the committee for the past two weeks:,Grant research,possibility of setting up a revolving fund for the landfill and information on the MOR's were mentioned.. Ms. Gindele was thanked for her time. It was moved by Selectman Doyle and seconded by Selectman Adams to request Mr.Cashman's presence at the next meeting to discuss a revolving account and the costs associated with the transfer station from July1, 2002 to the present. Alba Gouldthorpe,Chair of the Board of Health suggested that a workgroup meeting be held with the BOH,BOS.and possible the Health-Agent and Public Works Director. A date will beset£Dr after the holiday. She abo,s Wed that.onee-ofthe BOH members would try to be available for the P.I.Utility workgroup meetings each month. Chairman Joy requested Selectman Adams be liaison for the Harbormaster and Waterways and Selectman Doyle be liaison to the BOH and CS WAC...Selectman Joy will continue to be liaison to the Recreation Committee and Council on Aging. Ron Garand submitted two letters to the Board regarding questions on road repairs and a rebuttal to accusations made at the July 9`,h meeting. He was afforded time to read the letters aloud for audience. Chairman Joy.advised that they would try to get some answers for his questions. The following persons were appointed to the Harbormaster's Department as moved by Selectman Doyle and seconded by Selectman-Adams: ChiefHarbormaster, Glenn Gavin; Deputy Harbormaster,Michael Burke;-Sg .-Harbotmaster,Robert Watson;Reserves, Richard Olsen and Russell Stiles. Beach committer,finance committee and CSWA.0 appointments will be made at the September I&meeting;"- Selectman;Doyle miked about a proposal.voted at town meeting to have a citizens committee to overlook'our•towa government pr+oacess.. The Clerk's minutes will be researched far the next meeting. _ Chairman Joy give a brief update.on the construction.of the athletic fields on Central Street and suggested if the agenda was not.too fall,Mr:Maoter,might give a full report at one of the future meetings. Questions were 14ed about.the progresi of the Old Town:Water.District:: Chairman Joy will oheck with the members to see whaf thsy need to initiate a meeting. The meeting was adjourned at 7:40 p.m;,as moved by Selectman Adams and seconded by . Selectman Boyle. Respectfully submitted, Kathleen Sirois, Secretary Z 8,1 SELECTMEN'S MEETING SEPTEMBER 10,2002 Chairman Joy opened the meeting at 7:05 p.m' Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the August 27"meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Adams. Two one-day special permits for the sale of alcoholic beverages were approved for Protection Fire Co. #2 for September 28.and October 3 from 6 to 11 p.m for functions in the Firemens Memorial Hall. A request from S.P.N.E.A.to hang a banner on the back-stop of the Upper Green to advertise their Family Harvest Festival at the Spencer-Pierce-Little Farm was approved as moved by Selectman Doyle and seconded.by.Selectman Adams. On the recommendation of Kevin Blanchette,,Chair.of the Finance.Committee,John Clavin of Green Street,Kathy Comins of High,Road'and Gayle Cutter of Coleman Road were appointed to complete the Finance Committee as moved by-Selectman Doyle, seconded by Selectman Adams and voted unanimously. After a brief discussion,the followin&persons were appointed to the Citizens Solid Waste Advisory Committee as moved by Selectman Adams and seconded by Selectman Joy. Selectman Doyle voted against not appointing all previous participants. Abby Gindele-Hay Street Paul Daubitz-Annapolis Way West Dan Streeter-Boston Road Jim Gormley-High Road Bob Walton-Anchor Way Dave Taylor-Main Street Selectman Doyle noted he would have no problem.adding two additional persons but did not like to see the group divided. The following persons were appointed to the newly organized Beach Committee as moved by Selectman Doyle, seconded by Selectman.Adams and voted unanimously: Gingie Tuthill-Fordham Way Linda Wood-l0'h Street Michael O'Hara-10 Street Jerrard Whitten-Northern Blvd: Martin Saradjian-Fordham.waye . Wendy Hendrickson 28",Street Paul Ivaska-Fordham Way It was moved by Selectman Doyle and seconded.by.Selectman.Adams to allow the Recreation Committee to bid the remainder of the Central Street fields and.parking lot using only the balance of the available funds dedicated for this project On an invitation from the CSWAC, Pat Corcoran of Corcoran Environmental Services of W. Kennebunk, ME, gave a brief over view of his company and ways they may be able to aid the town with recycling plans and.cost savings at the transfer station. CES is a full disclosure recycling broker which currently.markets recyclables throughout the Northeast. Mr. Corcoran fielded questions from the audience and advised that his company would be interested in issuing a RFP when our transfer station project is put out to bid. Mr. Corcoran was thanked for his time and presentation.,. Selectman Doyle and the CSWAC will pursue some of Mr..Corcoran's suggestions. Two letters of complaint from Bill Christy of 0 Street regarding construction at 12-e Street were read by Chairman Joy.. Mr.-Christy also presented the Selectmen with a petition asking for the issuance of a cease and,desist order on this building. Alex Hasapis, former member of the ZBA, also addressed the Board regarding the non- compliance of this project. Doug Packer, Conservation Agent, agreed that the building did not conform to the order of conditions issued and at this time the owners had asked to make the building watertight,no windows to be installed and no shingles. They had also f SELECTMEN'S MEETING SEPTEMBER 10, 2002 Chairman Joy opened the meeting at 7:05 p.m Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the August 27t' meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Adams. Two one-day special permits for the sale of alcoholic beverages were approved for Protection Fire Co. #2 for September 28 and October 3 from 6 to 11 p.m. for functions in the Firemens Memorial Hall. A request from S.P.N.E.A. to hang a banner on the back-stop of the Upper Green to advertise their Family Harvest Festival at the Spencer-Pierce-Little Farm was approved as moved by Selectman Doyle and seconded by Selectman Adams. On the recommendation of Kevin Blanchette, Chair of the Finance Committee, John Clavin of Green Street, Kathy Comins of High Road and Gayle Cutter of Coleman Road were appointed to complete the Finance Committee as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. After a brief discussion,the following persons were appointed to the Citizens Solid Waste Advisory Committee as moved by Selectman Adams and seconded by Selectman Joy. Selectman Doyle voted-no. Abby Gindele-Hay Street Paul Daubitz-Annapolis Way West Dan Streeter-Boston Road Jim Gormley-High Road Bob Walton-Anchor Way Dave Taylor-Main Street Selectman Doyle noted he would have no problem adding two additional persons but did not like to see the group divided. The following persons were appointed to the newly organized Beach Committee as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously: Gingie Tuthill-Fordham Way Linda Wood-IOth Street Michael O'Hara-14t" Street Jerrard Whitten-Northern Blvd. Martin Saradjian-Fordham Way Wendy Hendrickson-28th Street Paul Ivaska-Fordham Way It was moved by Selectman Doyle and seconded by Selectman Adams to allow the Recreation Committee to bid the remainder of the Central Street fields and parking lot using only the balance of the available funds dedicated for this project f On an invitation from the CSWAC, Pat Corcoran of Corcoran Environmental Services of W. Kennebunk, ME, gave a brief over view of his company and ways they may be able to aid the town with recycling plans and cost savings at the transfer station. CES is a full disclosure recycling broker which currently markets recyclables throughout the Northeast. Mr. Corcoran fielded questions from the audience and advised that his company would be interested in issuing a RFP when our transfer station project is put out to bid. Mr. Corcoran was thanked for his time and presentation. Selectman Doyle and the CSWAC will pursue some of Mr. Corcoran!s suggestions. Two letters of complaint from Bill Christy of 4 h Street regarding construction at 12-0b Street were read by Chairman Joy. Mr. Christy also presented the Selectmen with a petition asking for the issuance of a cease and desist order on this building. Alex Hasapis, former member of the ZBA, also addressed the Board regarding the non- compliance of this project. Doug Packer, Conservation Agent, agreed that the building did not conform to the order of conditions issued and at this time the owners had asked to make the building watertight, no windows to be installed and no shingles. They had also agreed to come back before the Conservation Commission to amend their order of conditions if possible. At that time all abutters and the owners will be allowed to give evidence and appeals can be made when a decision is reached by the Commission, he advised. After a brief discussion,the Board asked Mr. Packer to immediately issue a revised enforcement order for a cease and desist on any further building but allowing the roof to be tarped to prevent damage from the weather. Mr. Packer will serve the owners tomorrow and also give a copy to the Police. A proclamation for United Nations Day was approved as moved by Selectman Doyle and seconded by Selectman Adams. It will be forwarded to the United Nations Association of Greater Boston for their festivities on October 24"'. Selectman Joy advised that Mr. Fowler of the Newburyport City Council had suggested a joint meeting between the Selectmen and the City Council for the purpose of discussing betterments. Mr. Fowler will ask the Council to set a date for such a meeting and advise the Board of time and place. Treasurer Jim Cashman spoke briefly on revolving funds and special accounts as ways to subsidize the BOH account for transfer station expenses. He also presented the Board with a reconciliation of landfill expenditures for their review. Mr. Cashman was thanked for his input. A letter of resignation from Tim Haynes from Protection Fire Co. #2 was accepted with regret as moved by Selectman Doyle and seconded by SelectmanAdams. An acknowledgement will be sent to Mr. Haynes for his years of service. On the recommendation of Chief William Pearson, Scott Merenzi of Longbrook Road was appointed to replace Mr. Haynes as moved by Selectman Adams and seconded by Selectman Doyle. On the recommendation of Police Chief Roger Merry, George Bulgaris was appointed as full time civilian dispatcher and Andrew W. Cote was appointed as part time civilian dispatcher as moved by Selectman Adams and seconded by Selectman Doyle. It was moved by Selectman Adams and seconded by Selectman Doyle to sign an ongoing cooperative agreement with the federal and state government to allow the Newbury Fire Department to participate in a program allowing them to obtain surplus equipment for use in fire suppression at no cost to the town. Greg Szumowski advised that the Trustees of Old Town Hill have proposed building a 6- 8 car parking lot past the gate entrance to accommodate people interested in using the area with safe parking. Plans will be submitted to the Selectmen when completed. The Board agreed that it was a good idea and asked to be kept informed. Mr. Garand asked about answers to his questions on roadwork. He was advised that it was in the works and he would receive the information he requested but it would not be debated at a Selectmen's meeting. The meeting was adjourned as moved by Selectmen Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 283 agreed to come back before the Conservation Commission to amend their order of conditions if possible. At that time all abutters and the owners will be allowed to give evidence and appeals can be made when a decision is reached by the Commission,he advised. After a brief discussion,the Board asked Mr. Packer to immediately issue a revised enforcement order for a cease and desist on any further building but allowing the roof to be tarped to prevent damage from the weather. :Mr. Packer will serve the owners tomorrow and also give a copy to the Police. A proclamation for United Nations Day."a approved as moved by Selectman Doyle and seconded by Selectman Adams. It will be forwarded to the United Nations Association of Greater Boston for their festivities on October 20. Selectman Joy advised that Mr.,Fowler of the Newburyport City Council had.suggested a joint meeting between the Selectmen and the City Council for the purpose of discussing betterments. Mr. Fowler will ask.the Council to set a date for such a meeting and advise the Board of time and place. Treasurer Jim Cashman spoke briefly on revolving funds and special accounts as ways to subsidize the BOH account for transfer,station expenses.-He also presented the Board with a reconciliation of landfill expenditures-for their review.-Mr. Cashman was thanked for his input. A letter of resignation from Tim Haynes from Protection Fire Co.#2 was accepted with regret as moved by Selectman Doyle and seconded by SelectmanAdams. An acknowledgement will be sent to Mr. Haynes for his years of service. On the recommendation of Chief William Pearson, Scott Merenzi of Longbrook Road was appointed to replace Mr-Haynes as moved by,SelectmanAdams and seconded by Selectman Doyle. On the recommendation of Police Chief Roger Merry, George Bulgaris was appointed as full time civilian dispatcher and Andrew W. Cote was appointed as part time civilian dispatcher as moved by Selectman Adams and seconded by Selectman Doyle. It was moved by Selectman Adams and seconded by Selectman Doyle to sign an ongoing cooperative agreement with the federal and state government to allow the Newbury Fire Department to participate in a program allowing them to obtain surplus equipment for use in fire suppression at no cost to the town. Greg Szumowski advised that the Trustees of Old Town Hill have proposed building a 6 8 car parking lot past the gate entrance to accommodate people interested in using the area with safe parking. Plans will be submitted to the Selectmen when completed The Board agreed that it was a good idea and asked to be kept informed. Mr. Garand asked about answers to his questions on roadwork. He was advised that it was in the works and he would receive the information he requested but it would not be debated at a Selectmen's meeting. The meeting was adjourned'as moved by Selectmen Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary =285 SELECTMEN'S MEETING SEPTEMBER 24,2002 Chairman Joy opened the meeting at 7:00 p.m. Selectman Michael Doyle was present. The minutes of the September 10'h meeting were read and the fifth paragraph amended to read "Selectman Doyle voted against not appointing all previous participants". The minutes were accepted with this amendment as moved by Selectman Doyle and seconded by Chairman Joy. Chairman Joy advised that an invitation to meet with the Newburyport Councilors to discuss betterments was still pending. Due to the Council's heavy schedule, a date has not yet been set. Alba Gouldthorpe Chair of the BOH reported all was going well and she had nothing to bring to the table at this time. Charles Bashaw Chair of the Oldtown Water District reported on the 9/18 meeting with the Newburyport Water Commissioners and their discussion of water rights/supply and eminent domain. A second meeting has been scheduled for October 15'', 7 p.m. at the Newbury Elementary School to further discuss this matter and the wording of IMA Abby Gindele of the CSWAC reported briefly on their past meeting. Some of the items being investigated are new rules for the transfer station, Waste Management contract, possible ADA funding for senior citizens or physically impaired citizens, putting the Town in the trash pick-up business and committee name change. The committee will also be checking to see if the Town may be eligible for recycling grant funds. Ms. Gindele was thanked for her report. Harbormaster Glenn Gavin addressed the Board regarding.fees for the 2003 boating season. Two changes were proposed to the 2002 fees-the addition of a commercial float and mooring dock fee @$100 per float per season and the reduction of the commercial ramp fee to $300 per season. The fees and a percentage of the excise tax collected are used to support the department's budget through a revolving fund. Clayton Crabtree of Jocelyn Marine argued that the commercial ramp fee was still excessive for the size of the estuary and submitted a compiled list of fees from other towns. Several of Mr. Crabtree's customers argued in support of a lower commercial fee. Mr. Crabtree also asserted that his commercial launchings did not abuse the town ramp. It was-moved by Selectman Doyle and seconded by Chairman Joy to continue a decision on the fees until Selectman Adams, liaison to the Harbormaster Department,is present and has reviewed the proposals. The Board and the Harbormaster will also look at the possibility of a per launch fee. Bob Finneran introduced himself to the Board and the citizens. He stated he is running for the office of Representative of the 2°a Essex District and he addressed his position on several of the issues in this campaign. He thanked the voters for their support in the primary election and expressed his hope they would continue to support him in the November election: On the recommendation of Chief Merry, Jeanne McClung was appointed as a full time civilian dispatcher for the Police Department as moved by Selectman Doyle and seconded by Chairman Joy. A letter from the Planning Board regarding possible amendments to the zoning by-laws was read. It was moved by Selectman Doyle and seconded by Chairman Joy to refer these proposals back to the Planning Board for public hearings in November and December. The meeting was adjourned at 8:10 p.m. as moved by Selectman Doyle and seconded by Chairman Joy. Respectfully submitted, Kathleen Sirois, Secretary 287 SELECTMEN'S MEETING OCTOBER 8,2002 The meeting was called to order at 7 p.m. by Chair Richard Joy. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the September 24, 2002 meeting were accepted as read by the.Board. George Gustafson,newly hired Project Coordinator for the P.I. Water/Sewer Project, introduced himself to the Board. A copy of his contract will be distributed to the Selectmen for their review and signatures. Brendan O'Reagan,past coordinator, expressed his thanks to the Board for the opportunity to work on the project and stated he was always available for questions from the Board or from George. At 7:05 p.m. the legal notice for a pole hearing for Mass Electric &Verizon plan#667, dated 8/19/02 to erect one pole#77/2-1 on Fairview Avenue was read by Chairman Joy. George Ameen representing Mass Electric advised the pole would be in the vicinity of #1 Fairview Ave. It was moved by Selectman Doyle and seconded by Selectman Joy to approve the plan as submitted. Selectman Adams recused himself due to a possible conflict. It was moved by Selectman Doyle and seconded by Selectman Adams to approve a request from United Utility Corp.to open and excavate the road at#15 Parker River Drive for the purpose of upgrading the underground cable service. A request for a one-day special permit for the sale of alcoholic beverages for an American Cancer Society benefit on October 26`"7p.m. to 12:30 a.m. at PITA Hall was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. James Gormley addressed the Board regarding the dismissal of a potential leachate fraud case. He presented a letter along with charts to the Board. It was moved by Selectman Doyle and seconded by Selectman Joy to have McGregor&Associates review this information and advise the Board of their findings. Selectman Adams voted present. Barbara Harrington explored some ideas for possible uses of the Woodbridge School; including a pre-school or child care facility. Chairman Joy noted that costs to bring the building up to code could be over$500,000. Ms. Harrington stated she was looking at any possibilities, but as a non-profit company would not be interested in the purchase of. the property and would be looking for funding sources.-She was thanked for her interest and agreed to stay in touch. Lease agreements with Seabrook Station for their siren pole locations were reviewed and signed by the Selectmen. The Citizens Solid Waste Advisory Committee had no report but will have a report for the next meeting. Wendy Hendrickson of the Beach Committee reported on their first meeting. With encouragement from the Conservation Commission they had looked at restoring the public beach area by fencing off the dunes, establishing a walkway and planting dune grass as their first project. Doug Packer of the Conservation Commission advised there were funds available for conservation projects such as dune grass planting. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to move forward with this project. Ms. Hendrickson was thanked for her report. An amendment to the Zoning Bylaw to add an associate member to the Planning Board was approved and sent back to the Planning Board,for public hearings in November and December 2002 as moved by Selectman Doyle, seconded by Selectman Adams and voted. unanimously. On the recommendation of Chief Merry,Dani Michalek was appointed as full time civilian dispatcher for the Police Department as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. 289 Plans for exterior repair and painting of the Yellow School building in Byfield, submitted by the Yellow School Center for the Arts,were reviewed and the project accepted as presented as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Harbormaster fees were again discussed and it was the decision of the Board that they were in line with the other towns. Selectman Adams suggested the addition of a$25 per launch commercial fee. This will enable any commercial hauler to put one or a few boats into the river without paying the full$300 commercial ramp fee,thereby giving people an option. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve the fees as presented with the addition of"commercial ramp use- $25 per launch. On the recommendation of Zoning Board of Appeals Chair, Evelyn Noyes, Dan Gurlitz was appointed as full time member to replace Alex Hasapis as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The meeting was adjourned at 8 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING OCTOBER 18, 2002 Chair Richard Joy opened the meeting at 10:15 a.m. Selectman Doyle was present. Tim Leonard had addressed the replacement of the fence along the Old Pine Island side of the DPW complex. For public safety he recommends a six foot chain link fence be put in place to enable his truck drivers to see traffic coming and going on the street. Tim will attend the next Selectmen's meeting with his proposal. Due to the cap and closure project at the landfill, it has become necessary to stop accepting grass clippings and leaves..It was moved by Selectman Doyle and seconded by Selectman Joy to approve this closing effective November 4,,.2002. A notice will be placed in the News and notices posted at the landfill. The Board briefly discussed the October 15''meeting with the Oldtown and Newburyport Water Commissioners and the establishment of a search committee for water sources. Selectman Joy suggested two members from each water district and one alternate from each district be considered for the committee. A proposed time schedule for the election of Oldtown Water Commissioners was reviewed. The Selectmen will call for an election to be held on January 5a'at the meeting of October 22nd. Selectman Doyle suggested inviting the Byfield Water Commissioners to a Selectmen's meeting to discuss water rights and to ask for their aid in getting this commission up and runnning. Selectman Doyle addressed Counsel's opinion letter regarding the CSWAC and he will ask the board on the 22nd to increase the committee from six to eight members. The meeting was adjourned at 10:40 a.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary James Lagoulis. Newbury Town Counsel 79 State Street Newburyport, Massachusetts 01950-6617 Tel: (978) 462-7434 Fax: (978) 462-2475 October 8, 2002 Board of Selectmen Town Hall 25 High Road Newbury, MA 01951 Re: Status of Solid Waste Advisory Committee. Dear Mr. Chairman and Members of the Board, You have asked me for an opinion as to the legal status of the Solid Waste Advisory Committee and the members appointed thereto. I have examined the minutes of meetings of the Newbury Board of Selectmen, beginning with June 12, 2001 and ending with September 10, 2002. These minutes have been accepted by the board, and to my knowledge,are the only minutes related to the question at hand. Based on,the.record as reflected in these minutes, l find as follows. Originally, a group of citizens banded together to form an ad hoc committee for the purpose of monitoring operations at the landfill and recommending actions to be taken relative to the landfill's future. This committee had no official standing as a committee of the Town. There are general references in the Selectmens' Minutes to a citizens committee dealing with the landfill and`solid waste beginning with the June 12, 2001 Minutes. Several individuals are named as possible committee members and others are identified as representing the committee in the Minutes. However no vote was taken to establish the committee, or appoint any of these people to the committee. The Minutes of July 23, 2002 identify the committee as the "Citizens Solid Waste Advisory Committee" (hereinafter, the "CSWAC") and state that Selectman Adams questioned the validity of the CSWAC because"they have never been officially appointed". Late in the same meeting the Selectmen unanimously voted to "accept the committee". The minutes do not recite the names of any members of the CSWAC. An audiotape of the meeting shows that there were no names offered for membership on the CSWAC. 1 f`+ T T s The Minutes of the August 27, 2002 meeting state that the."CSWAC appointments will be made at the September 10t' meeting." ' The Minutes of the September 10i 2002 meeting state that "the following persons were appointed to the Citizens Solid Waste Advisory Committee" followed by the names of 6 individuals. The Minutes state that Selectman Doyle "voted against not appointing all previous participants." "Selectman Doyle noted that he would have no problem adding two additional persons, but did not like to see,the group divided." The above records show that the Selectmen voted to "accept" the CSWAC at the July 23, 2002 meeting, but that no individuals were named as members. The first members specifically appointed by name were appointed at the September 10, 2002 meeting. Authority of the Selectmen: Since Newbury has no charter it is under the traditional form of town government. The Selectmen's authority is limited by the Mass. Constitution, statutes and town by-laws. There is no constitutional, statutory or by-law_ provision which prohibits the Board of Selectmen from appointing a solid waste advisory committee (hereinafter"Town Committee"). Therefore, I conclude that the Selectmen have the authority to create such an advisory committee. Likewise, since there are no constitutional, statutory or by-law provisions relating to membership on a solid waste advisory committee, the existence of the Town Committee, and the terms of its members are at the pleasure of the Board of Selectmen. Cf. , G.L. c. 41, §§1, 23C. G.L. c. 41, §23C provides: "No person shall be authorized by vote of a townto-act on behalf of the board of selectmen unless the vote provides that such person shall be appointed and may be removed by said board." Based on the foregoing, I conclude that the Board of Selectmen has the authority,to create ad hoc advisory committees, and appoint, add, or remove members at there pleasure. Advisory committees, themselves, are created at the pleasure of the Selectmen and may be disbanded or abolished by a majority vote of the Selectmen at any meeting. Please advise if you have any further questions. Yours tr, y, iJames a 6ulis wp71Nby1BOh\Solid waste opinionmpd ':' + 291 SELECTMEN'S MEETING ' OCTOBER 22, 2002 Chairman Joy opened the meeting at 7.p.m. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the October 8,2002 meeting were accepted as read as moved by Selectman Doyle and seconded by Selectman Adams. The minutes of the October 18,2002 meeting were accepted as read as moved by Selectman Doyle and seconded by Selectman Joy. The warrant for the State Election November 5a'was signed by the Selectmen and will be posted by a Constable. A request for use of the Upper Green by Cub Scout Pack 944 on Saturday, October 26 h for their annual Fall can&bottle drive was approved as moved by Selectman Adams, seconded by Selectman Doyle and.voted unanimously. A request for use of the upper Green by Cub Scout Pack#44 on Monday,,November 110' for a Veterans appreciation ceremony was approved as moved by,,Selectma&Adams, seconded by Selectman Doyle and voted unanimously. A new license for Louis Garuti d/b/a'Express Auto @ 61,Main Street,Byfield was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The hours of operation are to,be Monday-Friday 8 a.m. to p.m. and Saturday 8 a.m.to 3 p.m. Abby Gindele of the Citizens Solid.Waste Advisory Committee briefly reported on their visit to four transfer stations in Maine. She also.addressed three areas of safety concerns at the existing Newbury transfer station- 1).possibility of blocking off the dumpster area when the backhoe is in use and moving the backhoe when not in use, 2)using one of the MOR's for paper in place of the walk in container, 3)implementing an alternative method of glass recycling and the use of a MOR for this product. These three items will be addressed with Mr. Leonard. The committee is still looking into prices for curbside pick .up and transfer station construction and running.costs; she noted. Ms. Gindele was thanked for her input. The Selectmen called for an election of the O.ldtown Water.Commissioners. The election will be held on Saturday,January 5 2003 (corrected to be Saturday,January 0) from 8 a.m.to 12 noon. .Positions open are Commissioners for 3 years, 2 years and 1 year, Treasurer for 1 year and Clerk for•1 year. Nomination papers are available in the office of the Town Clerk. Selectman Doyle noted that the:Town!s voting district is not necessarily the Oldtown Water District and•the,boundaries.will have to be delineated with the Town Clerk's aid. The replacement of a fence along the Did Pine1sland Road side of the DPW complex was addressed and open to public comment.-Janet,Bleicken of 29 Old Pine Island Road presented the board with a list of comments from neighbors and several scenarios of how fencing might be addressed.' Tim Leonard is concernedwith the safety,and security of his men and equipment. The residents are concerned with their property,values as well as safety. Chain link vs. solid fencing,,re-routing the trucks, a stop sign at the end of the fence and lane markings were some of the proposals discussed. .Chairman Joy noted that now that this has become a public,issue.we have to,move quickly to implement.repairs that address the safety of the area. Selectman Doyle.moved to continue a decision for a maximum of two weeks in order to hold a site,visit and look into the implementation of some of the resident's suggestions, seconded by Selectman Adams and voted unanimously. Mr. Leonard advised that due to the cap&closure project at the landfill, grass clippings aid leaves will no longer be accepted`.effective November 4"'. A schematic of the proposd improvements for a"pull-off'parking area for Old Town Hill along Newman Road was approved as submitted as moved by Selectman Doyle and seconded by Selectman Adams. Initial work on this site will begin with the Trustees °d statewide volunteer workday on Saturday,November 2 . . .:. 2.93 On the recommendation of Chairman Joy, Dave Mountain and Joseph Story were appointed as Newbury members of a'water search committee', as moved by Selectman Adams and seconded by Selectman Doyle. Newburyport,will also appoint two members to this committee. On the recommendation of COA Director Alix McArdle, Karen Watson was appointed as a member of the COA Board of Directors as moved by Selectman Adams and seconded by Selectman Doyle , Selectman Doyle addressed an opinion of Counsel regarding the recent appointments to the CSWAC. He moved to increase.the committee-to eight members. There being no second,the motion was defeated: :. The meeting was adjourned at 8:10 p.m. as moved by,Selectman Adams and seconded by Selectman Doyle. respectfully submitted, Kathleen Sirois, Secretary x ' Wl SELECTMEN'S MEETING NOVEMBER 12, 2002 Chairman Joy opened the meeting at 710 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The minutes-of the October 22"d meeting were accepted as read as moved by Selectman Doyle and seconded by Selectman Adams. fi A renewal for common victualer';milk and Sunday licenses was approved for the Village. Pub/Diner in Byfield as moved by Selectman Adams and seconded by Selectman Doyle. A request for a permit from Keyspan to open and excavate the roadway at 1 Elm Street to install a new gas service was granted as moved by Selectman Doyle and seconded by' Selectman Adams subject to.the approval of Tim Leonard. Selectman Doyle reported on the site meeting at the DPW complex regarding a new fence. He noted that with the new setbacks established it,was unanimously decided that a picket fence would be agreeable to everyone.,- A mirror will also be installed on the south side of the road on one of the light poles,and possibly in the future one light pole may be.. moved back from the road. Selectman Doyle moved to have'a picket fence installed prior to the onset of winter, seconded by Selectman-Adams and voted unanimously.'.A petition signed by the neighbors attesting to this solution was presented to the board. Mass Highway will hold a public-hearing on November 21"at.6:30 p.m. at the.Newbury . Town Hall to present plans for the replacement of the Hay Street Bridge over the Little River. Abby Gindele of the Citizens Solid':Wasto Committee reported on estimated figures submitted by Corcoran Environmental Services for the operation of the town recycling. An outline of proposed costs and revenues from CES was presented to the board for their review. A list of engineers for the design.of a transfer station was also.given to the CSWAC by Mr. Corcoran and-he noted that he would also.like to submit a quote for the design.even though he would have to sub contract the civil engineering. Ms. Gindele advised that the committee was working on numbers for curbside pick-up vs. numbers for a transfer station in order to present viable options to the residents at the hearings. Ms. Gindele was thanked.for a great report. A letter from Vivienne:Metcalfregarding'a'grant from the Newbury Arts Council and use of the.Upper Green Pond next summer was reviewed. It was`Moved by Selectman Adams and seconded by Selectman Doyle to have Mrs. Metcalf accept the grant and allow her the use of the pond when needed.. 2 9,5 The meeting was recessed at 7:25 p.m. At 7:35 p.m. the meeting was reconvened and in accordance with Chapter 369 of the Acts of 1982 a public,hearing was held on the determination of the percentage of tax levy to be borne by each class of real property for fiscal year 2003. Bud Kelley, Chair of the Board of Assessors recommended that a single tax rate.be implemented as the shares of total tax levy are made up of 95.4%residential, 3%commercial, .29%industrial; 1.41%personal property and 0% open space. There being no questions, it was nmoved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to accept the Assessors recommendation of a single tax rate. The hearing was closed and the meeting adjourned at 7:38 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING NOVEMBER 26, 2002 Chairman Joy opened the meeting at 7:05 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the November 12t`meeting were accepted as read as moved by Selectman Doyle, seconded by Selectman Adam's and voted unanimously. . A hearing date of December 10, 2002 at 7 p.m.at the Newbury Town Hall was set for the Newbury Butchery on their application for a wine and malt beverage.license, as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. Friday,November 20, the Town Hall will be closed as an extension of the Thanksgiving holiday, as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Christmas on the Green has been scheduled for Sunday, December 8`t`beginning at 3 p.m. Michael Roy, Chair of the Committee, was granted permission to request help with installing and checking the lights on the tree from the Highway Department and the Fire Department. It was moved by Selectman Adams and seconded by Selectman Joy to accept the revised "special act for water and sewer service to Plum Island" with the eminent domain clause removed and to forward same to Representative Stanley's office to be filed with the Legislature by December 4, 2002. The motion was voted favorably by Selectmen Adams and Joy and Selectman Doyle voted present: Notice was given that the Board of Health will hold a public hearing on Thursday, December 12, 2002 at 7 p.m. at the Firemen's Memorial Hall on Morgan Avenue for the site assignment of the transfer station. A one day special permit for the sale of alcoholic beverages was granted to Diane Gage, Promotional Event Manager for Pine Island Resource for a concert and dance at the Byfield Grange Hall on Sunday, December 15, 2002 from 6 to 10 p.m., as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. Under new business, Selectman Doyle advised he had spoken with Attorney McGregor and three , .. issues were discussed. 1)Atty. McGregor requested a letter from the Board stating who is to be lead counsel for the JRM hearings. 2) He advised that the.Selectman should be pro-active and document the reasons why the Newburyport Turnpike site is not a suitable location for JRM: 3) ' Any change orders`-from the cap &close project (Littleton Environmental Services) at thelandfill should be filed with the DA's office for their suit against Pearson. Atty. McGregor also doted he had been contacted by one of the Oldtown Water Commissioners and he would=like to.know if he should be involved with them. It was agreed by the Board that a meetinw will be scheduled for December.17'h, if possible,with McGregor and Lagoulis to discuss ti,,-s- issues. The meeting was adjourned at 7:18 p.m. as moved bySelectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 297 SELECTMEN'S MEETING DECEMBER 10, 2002 Chairman Joy opened the meeting at 7 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The public hearing on the Newbury Butchery's application for a wine and malt beverage license was opened and the legal notice was read by Chairman Joy. Selectman Doyle recused himself from the hearing as he is an abutter to this property. Speaking against the application was Leslie Doyle of 6 Morgan Avenue. She read a letter which she had forwarded to the Selectmen citing the number of licensed establishments in the general area, and concerns about public safety,parking and the possibility of under age purchasers. Norm Wilson of the Butchery stated that they were an established retail store primarily for meats with a deli and produce section as well as some prepared foods. Their main focus will be on meats and prepared foods with a small selection of wine and beer to compliment these product for the convenience of their customers. They have tentative plans in place to institute policies for the handling and sales of these beverages and plan to have their sales staff trained through the programs available for license holders. The store hours would not change and their intent was to remain as a good neighbor. Alba Gouldthorpe of Plum Island spoke in favor of the applicant. She felt the addition of wine and beer would improve the store and she noted that the number of licensed establishments in close proximity on Plum Island did not seem to take business away from any one. Selectman Adams questioned the number of parking spaces at the store. Mr. Wilson replied ten and during peak summer season we have used some space across the street. Abby Gindele of Hay Street asked if the license could be bought and sold with the business and she was advised that it could be transferred. Selectman Adams asked'if any of their other stores held a liquor,license and they do not. There being no further discussion, Selectman Adams moved to close the hearing and take the matter under advisement, seconded by Selectman Joy. The hearing was reopened and Selectman Adams moved to deny the application due to concerns about public safety, parking and the proximity of the store to public buildings. The motion to deny was seconded by Selectman Joy who cited location, limited parking and the number of other liquor establishments within a mile. The motion to deny was voted by Selectmen Joy and Adams. The hearing was closed at 7:15 p.m. The minutes of the November 20h meeting were read and accepted as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. On the recommendation of Alix McArdle, Director of the COA, Lois Anderson,.Susan Corl and Stephen Wetherbee were appointed to the COA Board of Directors as moved by Selectmen Adams, seconded by Selectman Doyle and voted unanimously. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to close Town Hall on Tuesday 12/24, Wednesday 12/25 and Thursday 12/26. Town Hall will be open on Friday, 12/27 from 7:30 a.m. to 3:30 p.m. Dave Roberts of Roberts Funeral Home was appointed as an Asst. BOH agent for burial permits only as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Liquor license renewals were approved for the following establishments as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously:-Village Diner/Pub, Oldtown Country Club, Corner Cupboard, D&J Liquors, PJ's, Dick's Variety, Mr. Moe's, Byfield General Store, Atty. May's Beachcomber,Newbury Convenience, J.R.'s 19th Hole, and the Plum Island Grille. Amendment#5 to Camp Dresser&McKee's contract for engineering services for the Plum Island Project was approved and signed by the Selectmen. On the recommendation of Chief Merry, Scott Laffey was appointed as a part time reserve officer as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A letter from the Attorney General regarding the handicap accessibility of the Town Hall bathrooms was briefly discussed. The building inspector will be asked to recommend changes needed and to move ahead with completing this project. 299 Abby Gindele addressed the Board on behalf of the Citizens Solid Waste Advisory Committee regarding proposals from.Mello and Corcoran to take over recycling at the landfill. Selectman Doyle suggested that the change be made asap. Selectman Adams asked that the BOH and the CSWAC make a recommendation in writing to the Selectman for their approval. Alba Gouldthorpe, Chair of the BOH, advised she would like to interview Mello, possibly at the next BOH meeting 12/23, prior to making a recommendation. License renewals for general business licenses were approved for the following establishments as moved by Selectman Doyle and seconded by Selectman Adams:- (Class II) Highline Auto,US #1 Auto/Marine, Special Interest Autos of Newburyport. (General Business) A Newbury Setting, Poor Richard's Barn, Ginny Moore's Parking Lot, Wheelhouse Parking, Williamson Parking Lot, Plum Island Enterprises, Mr. Moe's, Newbury Butchery,Newbury Convenience Store, Adelynrood Conference&Retreat Center, Byfield General Store, The Quilted Acorn Shoppe, Volpone Towing, Riverfront Marine Sports, Bill's Auto Repair, B.D. Automotive, Pearson Hardware, Diamond Marine, Fernald's Marine, A.L. Prime Energy, Steve's Service, Olde Newbury Boat Co. Parker River Trading Post,Josette's Adz&Loom, Flukes &Finds, Milestone 35, Bird's Nest, F.Thurlow Brown Books, Colonial Coiffures,Sadie's for Hair, Longfellow Hill Beauty Shop, Surfland Bait&Tackle, and Karen's Dog Grooming of P.I. Selectman Adams abstained from the vote on the license for A Newbury Setting and Selectman Joy abstained from the vote on the license for Poor Richard's Barn. The meeting was adjourned at 7:45 p.m. as moved by Selectmen Doyle, seconded by Selectman Adams and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING -JANUARY 14, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the December 101h meeting were read and accepted as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to appoint Barbara Cohen as Town Accountant to replace Bernie Halupowski. This appointment is for a 90 day probation period with a review at the end of the 90 days to make the position permanent. Bill Dow requested Richard Alberigi be appointed to the Recreation Committee as a representative of the Little League. Following normal procedure, it was moved by Selectman Adams and seconded by Selectman Doyle to take this appointment under advisement until July 1"when yearly appointments are made. Mr. Dow advised that he had discussed the possible removal of the basketball hoop at the Byfield Yellow School with the Yellow School Committee and an agreement had been reached to retain a basketball area at the school until such time as the Kent Way fields are developed. Vivienne Metcalf asked to be removed from the agenda, as she had obtained answers to her questions prior to the meeting. Bob Finneran spoke briefly on the Chapter 40B affordable housing law and how it could affect the Town of Newbury. He was thanked by the Board for his time and input. SELECTMEN'S WORKSHOP January 22, 2003 A workshop meeting was convened at 10:15 by the Board of Selectmen. In attendance were Chris Koehler, CDM and CSWAC members Jim Gormley, Dave Taylor and Dan Streeter. This meeting was called to discuss the site assignment and a schedule for developing information on a new transfer station for town meeting in April. Selectman Doyle questioned the schedule developed by CDM which shows construction of the transfer station by November 2003. Chris Koehler of CDM noted it would depend on when the process was started. If the RFQ is advertised on February 0, allow 2-3 weeks for responses and presentations. Select three or four for interviews, negotiate contracts, review designs and estimate hard costs. Cost figures will be needed for town meeting and no contracts can be entered into until the issue is voted at town meeting and the override approved in April/May. Proposed design can be submitted to DEP for approval which could take 60-90 days. When DEP approval is received project can go out to bid, probably mid August. The earliest possible construction would be around the I"of September. This is "best case scenario". Dave Taylor-that means we will not have a design in place for town meeting. Chris K. - no you will have proposals The RFQ is first and then proposals for presentation. Dick Joy- should they be able to tell us what the costs of a design will be? Chris K. - yes, but the BOS should be sure to ask for estimated costs based on what they want the transfer station to be. Dick Joy -the approximate costs should be estimated on the proposals. There will be no design in place. The Town must vote twice on the proposals, once at town meeting and once at the ballot box. We will need a good estimate of costs once we pick a firm and start a design. Chris K. - after the design is established, it will go out to bid and that will give you a firm figure. You can bond for a certain figure and only use what is needed. Dan Streeter- do you have an estimate on what the design will cost? Chris K. - $35-$50K depending on what you ask for in your proposal. You need to give as much detail as possible, such as do you want compactors,paving, roofed structures, a swap shop, etc., and ask for itemized individual costs for each. Mike Doyle - knowing the site, is there an area for yard waste. Chris K. -yes, if clean fill is placed in the pit area where the trailer now sits, that area can be used for yard waste and composting. Recycling and yard waste do not need a site assignment. MSW does need a site assignment. Jim Gormley - how about' demolition material? Dick Joy- why would we want to take demolition material, except as a service to the residents. We can send them to Georgetown and not offer this service. Dan Streeter- some transfer stations have open topped containers and it appears to be more effective than closed containers. Chris K. - recycling containers are usually covered to keep water out. MSW containers must be covered. J. Gormley - if the area is covered, could we have open containers? Chris K. -I don't think DEP will allow it. You might not need to have compactors but closed containers keep the vermin and birds in check. A point of contact(contact person),the need for a project manager and the possibility of funding the cost of design prior to FY04 were briefly discussed. Jim Cashman was asked about finding funds this year and he noted that the "cookie jar is dry". Chris K. suggested r, that as long as the funding is in place for July I", you may be able to make arrangements with the chosen firm to start the design work in May. Displays should be made available from the firms as part of their proposals so that you will have something to show the people at town meeting. Mike Doyle asked about Madelyn Morris and whether she could enforce curbside pick up if the transfer station proposal fails. Chris suggested that this decision should be left up to the town. Dan Streeter noted that figures for operation and management of the transfer station would also be needed for town meeting. Jim Gormley offered annual figures from a Nebraska transfer station which showed annual costs of $160-$205K. Chris K. noted that these figures do not include tipping fees which would be one of our major costs. Dan Streeter suggested that the BOS must decide how much the town can commit for solid waste. Chris K. stated that if a RFP if issued the town should include curbside pick up and the pay as you throw system. Dick Joy asked if this operation should be solely supported by tax dollars or will there be offsets such as pay as you throw which encourages recycling. The town can control the costs of a transfer station and there is no control over curbside pick up costs, he stated. These and many other questions need to be investigated prior to town meeting. We have a lot of work to do. The meeting was adjourned at 11 a.m. as moved by Selectman Adams and seconded by Selectman Doyle. M Selectman Doyle addressed the ongoing illegal activities at JRM's site and a police report o submitted by Jim Gormley to the BOH at their December 23rd meeting. Mr. Doyle stated he felt that if the BOH would not take action,the Selectmen should. Alba Gouldthorpe of the BOH stated they were advised not to take any action while the case was in litigation. She also stated she would appreciate it if in the future the whole board was approached with questions or problems,preferably at a BOH meeting, and not individual members on the street corner. The Board takes action as three members not individually, she noted. Selectman Joy asked Mrs. Goudlthorpe if the BOH would like to be included in a meeting with Counsel and she agreed the BOH should be included. Selectman Doyle was asked to set up a meeting with Counsel a.s.a.p. A workshop meeting with the BOS, BOH and CSWAC to discuss a new transfer station will be arranged by Selectman Doyle. Time is passing quickly, he noted, and we need to have information put together for the Town Meeting. A one day special permit for the sale of alcoholic beverages was approved for Protection Fire Co. #2 for Saturday, February Is'from 10 a.m. to 3 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. The fee was waived. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to authorize the Recreation Committee to spend up to $3,500 to complete the architectural drawings for the building at the Central Street fields. Licenses renewals were reviewed and approved as moved by Selectman Doyle and seconded by Selectman Adams for the following businesses: General business=Candy L. Way,Leonard's Parking Lot, Corner Cupboard, Express Auto, Schneller's Auto,Jack's Garage, Aries Sports&Bikery, Pert Lowell Co., Inc.,Noyes Citgo, Internal Combustion, Kym's Romp &Roll Doggie Playground, Stor- U-Self Self Storage, Henry C. Becker, Reeves Automation, Precision Automotive Restoration, Inc., Detailz Unlimited, Checkoway Oil Company, Tolman Automotive, Wilco Marine Restorations, Mae Atkinson Antiques, Pheasant Meadow Farm, Ould Newbury Golf Club, Plum Island Grille, Atty. May's Beachcomber, Bob's Lobster, Main Street Mini Mart/D &J Liquors, P.J.'s, PITA Hall, Haven II, Deb's Place, Applied Automotive Technology, AGJ Woodcrafting& Woodworking, Oulde Byfield Expo Tea Room, Twelve Rogers Lane Antiques, High Tail Acres, Byfield Trading Company, Norbeck Sterling, Mad Martha's, Tendercrop Farms, Village Diner/Pub, and.Dick's Variety. Class II &III - Olde Byfield Management & Supply Ltd., Angie's Service Station, Corvette Center,Newbury Auto Sales &AEL Trailer Sales. At 7:40 p.m. the meeting was adjourned as moved by,Selectmen Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JANUARY 28, 2003 The meeting was called to order by Chairman Richard Joy. Selectmen Alan.I. Adams and Michael Doyle were present. The minutes of the January 14th meeting were read and approved as moved by Selectman.Doyle and seconded by Selectman Adams. A one-day special permit for the sale of alcoholic beverages was approved for Anna Jaques Hospital Aid Association for Great Chefs Night at GDA on Friday, March 14th from 6 p.m. to 12 midnight as moved by Selectman Doyle and seconded by Selectman Adams. A request from the Byfield/Newbury Little League for use of the Upper Green ball field for practices on Monday, Wednesday and Friday evenings from 5 p.m. to dusk during the months of April, May and June was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The Selectmen also approved use of the Upper Green field on Saturday and Sunday afternoons from 12 noon to 5 p.m.for the Little League. 3:0�3 A request from the Newbury Clammer's Softball Team for use of the Upper Green ball field on Tuesday and Thursday evenings from 5:30 p.m. to dark April through September was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Robert Carleton of 284 High Road addressed the Board regarding the removal of a restriction from his business license, which stated he was subject to periodic inspections for zoning violations. He stated his suppliers look at his business as temporary due to this restriction. The board agreed to the removal of the restriction as long as Mr. Carleton agreed to abide by the bylaws pertaining to his home occupation. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve Mr. Carleton's "general business/marine" license for 200.3 without the noted restriction. Elizabeth Szymanski and Paul Ivaska addressed the Board regarding their citizens volunteer committee to oversee Fr. Sears'park which was established in October of 2001. They asked to be made an appointed committee so they can continue with fund raising, plans, etc. A survey of the lot has been completed, stated Mr. lvaska, and an encroachment of a neighbor's house found. Any litigation or negotiations will be the responsibility of the Selectmen and Counsel. Selectman Adams suggested that possibly a piece of this land may be sold to the abutter that is encroaching and these fund used to start a park fund. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to appoint Paul Ivaska, Jon Bursaw, Troy Carr, Jayne Peng, and Elizabeth Szymanski as the Citizens Advisory Committee for Fr. Sears'Park. The Clamming Regulations for 03/04 were tabled for discussion with the Shellfish Commissioners regarding a change, as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. A one day special permit for the sale of alcoholic beverages for Protection Fire Co. #1 for their annual firemen's ball at GDA on Saturday March Bch from 6 p.m. to 12 midnight was approved as moved by Selectman Doyle, seconded by Selectman'Adams and voted unanimously. The fee was waived. On the recommendation of Chief Merry, Matthew Passeri was appointed as a reserve patrolman, as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The CDM time table for the transfer station was discussed briefly. A meeting was scheduled for Wednesday, February 12rh with the Board of Health and Citizens Solid Waste Advisory Committee. License renewals for Buddy's Books and.Art&Camera Custom Framing were approved and signed as moved by Selectman Doyle and seconded by Selectman Adams. Selectman Doyle noted that John Keville has been asked to post meeting schedules on the web site as there will be many in the next few months prior to town meeting. There being no other new or old business, the meeting was adjourned at 7:35 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary 305 SELECTMEN'S MEETING FEBRUARY 11, 2003 The meeting was called to order at 7:00 p.m. by Chair Richard Joy. Selectman Michael Doyle was present. The minutes of the January 28`''meeting were read and approved as moved by Selectman Doyle and seconded by Selectman Joy. Chairman Joy introduced a former town resident, Karen Boxell, who is currently a second language instructor at Winnacunnett High School. Ms. Boxell introduced one of her students, Kevin Lin of Burma who is in his senior year. As part of a senior seminar one-quarter class, students must-address an issue with some public policy feature, she explained. As part of the topic chosen by Kevin,he must attend a public meeting where public policies are set and Mr. Joy kindly invited them to attend a Selectmen's meeting. Kevin's father moved to this area four years ago and operates the sushi concession at Shaw's in Newburyport and two other locations. The Selectmen welcomed Kevin and wished him well with his class project. Lois Anderson, Chair of the Library Board of Trustees, addressed the Board regarding rumors about an access road being built from the library parking lot, down the side of the ball field,to the new property purchased off Kent's Way. She stated she felt a road off the parking lot would be a public safety issue and any access road should come off Kent's Way. Chairman Joy noted that there had been discussion regarding drilling a well for irrigation of the Little League field and how to access the back fields with the drilling equipment, but he had not heard any talk of a permanent access road. As funds are tight, this may not be accomplished any time soon. Chairman Joy assured Ms. Anderson that should a recommendation or request come before the Selectmen, he would advise her. In the meantime any information requested from the library by the Recreation Committee should also be forwarded to the Selectmen to keep everyone in the loop. As a reminder, Chairman Joy advised that a meeting has been scheduled for Wednesday, February 12`h at 10 a.m. with the BOH and CSWAC to discuss the transfer station and on Tuesday, February Wh at 10 a.m. the Selectmen will hold a pre-conference and site visit for the engineers and architects interest in our RFQ. Zoning bylaw amendments for the Annual Town Meeting were forwarded to the Selectmen from the Planning Board for review. The Selectmen accepted the drafts and referred them back to the Planning Board for public hearings by a motion from Selectman Doyle, seconded by Selectman Joy. The Seletmen declared the warrant for the Annual Town Meeting open and it will close to petition articles on Friday, March 10. Selectman Doyle reported briefly on an Essex County Selectmen's Association meeting he attended regarding current and FY04 budget cuts. The Selectmen congratulated the Finance Committee for a job well done putting together last Wednesday's meeting with the department heads. It was a fine presentation by all of the Finance Committee members and a good chance for all departments to get together. There being no other new or old business, the meeting was adjourned at 7:30 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary 3,0 7 SELECTMEN'S MEETING FEBRUARY 25, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the February 1 l ch meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. Selectman Adams abstained as he was not present at the 2/11 meeting. Cheryl Draper, recently.appointed Triton School Committee member for Rowley, was granted status as a "special municipal employee" by the Town of Newbury as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Karen Wakefield,representing the Friends of Our Trails,presented a proposed design for walking trails connecting the Trustees of the Reservation land on Hay Street thru a section of the Town Forest to the Wildlife Management (Fish&Game) land connecting to an existing trail to Kent's Island. She stated it.would be a 4'wide cleared trail with no impact on the wetlands, no maintenance and no cost to the Town. Concerns raised by Selectman Doyle regarding parking on Hay Street and also a timetable for completion of the project and Devil's Den and Devil's Basin.were discussed. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve the project as presented and Ms. Wakefield was thanked for her excellent presentation. Wendy Hendrickson, Jarred Whitten and Linda Wood of the Beach Advisory Committee addressed the Board regarding their ongoing project for long term remediation of the Plum Island beach. Three locations have been designated as areas of concern- 80 Northern Blvd., the beach at the center and Southern Blvd. adjacent to the Refuge. Seed monies from the Conservation Commission have been used to get the project started and Phase I has been very successful, Ms. Hendrickson advised. The Committee is requesting a line item budget for continuance of Phase II of the project which will include additional fencing, dune grass, a permanent kiosk for information and education and a temporary boardwalk between the dunes at the center beach, she explained. The committee was commended for their work but they were advised that they were only an advisory committee to the Conservation Commission and they would have to work through that department. The members were thanked for their report. A request for use of the Lower Green on Sunday, May 20 (rain date Monday, May 20h) for the annual Parker River Festival was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A Class II used car license was renewed for John Tiernan d/b/a Hanover Place as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. suggested that the Boards should start enforcement procedures against JRM and McDonald's Trucking. There being no other new or old business,the meeting was adjourned at 8:00 p.m. as moved by Selectman Adams and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 10.9 SELECTMEN'S MEETING MARCH 11, 2003 Chairman Joy opened the meeting at 7 p.m. Selectmen Alan 1. Adams and Michael Doyle were present. The minutes of the February 25th meeting were read and accepted as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Selectman Doyle briefly reported on the completion of the RFP for the transfer station. The finalized document has been sent to the five firms that responded to the town's "request for qualifications". The Board extended their thanks to the Board of Health and the Citizens Solid Waste Advisory Committee for their time and effort spent completing this document. The week of April 27 to May 3 was proclaimed as Holocaust Awareness Week in the Town of Newbury as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Selectman Doyle addressed the AG's letter regarding ADA accessibility at Town Hall. Designs are being developed and it is anticipated that all corrections can be made by the first week in May, he advised. Charles Bashaw and George Gustafson addressed the MOU with the Board. They explained it is still in draft form and the terms are still being negotiated between the Oldtown Water District and Newburyport. The Newburyport Water Commission is looking for commitments from the Town as well as the District, Mr. Bashaw explained. While the District owns the water rights in Oldtown,they are able to bond only up to one million dollars and would need to look to the town to fund land purchases. Excess volume of water is also being discussed and the District is trying to protect the future needs of the town, he advised. Mr. Gustafson noted that the expected needs of year 2020 is 600K gallons per day which includes P.I. service and as part of the site process for a well, DEP requires a hydrologic study proving development of the area will not effect existing wells. When the District is satisfied with the MOU and the District's Counsel has reviewed the document, it will be up to the voters of the District to approve the final form. Mr. Bashaw inquired if District legal fees could be covered by the Town and he was advised it would probably be a conflict but the Board will seek Counsel's opinion. Mr. Gustafson advised that a meeting on the MOU had been scheduled for 3/17 with hopes that a.final draft will be ready for the 3/25 Newburyport Water Commissioners meeting. The meeting was adjourned at 7:35 p.m. as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MARCH 25, 2003 ZI/ Chairman Joy,opened the meeting at 7:00 p.m. Selectmen Alan I. Adamsrand Michael Doyle were present. The minutes of the March 11`h meeting�mere-'ea and accepted as moved by Selectman Doyle, seconded by Selectman"Adams and voted unanimously. A request for the use of the Lower Green by Triton's U 10 travel soccer team for practices on Tuesdays from 5:30 to 7 p.m. beginning April gth for eight consecutive weeks was approved pending Tim Leonard's assurance that the field is dry enough for play as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A request for use of the Lower Green by Triton's U12 Pandas soccer team for practices on Thursdays, April 3,10,17,24; May 1,8,15,22,29;June 5,12 and Fridays April 4,11 and June 13th was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A request for use of the Lower Green by Triton's lacrosse team for practices Tuesday through Friday March 25th to 28th from 5 to 7 p.m. was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A request for use of the Upper Green from Anna Jaques Hospital Aid Association for a book and plant sale on Saturday,May 171h(rain date Sunday, May 18th) from 9 a.m. to 3 p.m. was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The Board acknowledged receipt of a check in the amount of$1,179.50 which represents the annual license fee for 2002 from Comcast (cable TV). Selectman Doyle will contact Comcast to set up a meeting to investigate wiring town hall for cable and to see what other services might be available to the town.. The Board approved the nomination of Deborah Knight as Inspector of Animals and Carol Larocque as Assistant Inspector of Animals as moved by Selectman Doyle and seconded by Selectman Adams. Nomination forms will be forwarded to the Bureau of Animal Health for their approval and certification. Chairman Joy announced that Byfield Day celebrations will be held on Saturday, June 7th. The Selectmen will again supply porta-potties for the day as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The Board accepted six amendments to the zoning bylaws from the Planning Board for the Annual Town Meeting warrant as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The Board welcomed members of the Finance Committee to the meeting. Kevin Blanchette, Chair acknowledged the retirement of Selectman Adams who has volunteered his services to the town for many years. Mr. Adams is the longest serving Selectman in Essex County having been first elected to the position in 1968. Mr. Blanchette advised there five accounts are currently on the "watch list" for FY03 - (1) legal services which cannot be planned ahead(2) snow removal which is overdrawn by approximately $40K as of the end of February but will be reimbursed approximately $26K by FEMA for the President's Day storm(3)BOH which may need an adjustment before the end of the fiscal year(4) lifeguard expense which will need funds if we are to have guards on duty prior to July I'and(5)medicare which fluctuates with the payroll. Tonight we are here to seek guidance, Mr. Blanchette stated. He suggested deferring action on the FY04 budget from the annual town meeting to the special town meeting in June. He spoke on the proposed Chapter 70 and local aid cuts,the school budget,mitigation aid and the regional school agreement which may be greatly affected by the state's changes to the formula for funding by participating communities. He also suggested a second round of meetings with department heads to try to close the budget shortfall. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to delay the budget to the special town meeting in June. The problem of delinquent taxes was also discussed. Mr. Blanchette noted that there is approximately$500K outstanding in taxes owed the town, dating back over 20 years. He asked for the support of the Board to start the process to collect these taxes and if necessary when all else fails to take the properties. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to start the process with 14 day demand letters and then deal with those that don't reply to the demand in accordance with MGL. Mr. Blanchette introduced the members of the Finance Committee in attendance. They were Gail Cutter, John Clavin, and Bill Cooper. Also on the committee are Gene Case and Kathy Comins. The Finance Committee was thanked for their input. Selectman Doyle asked about the completion of the cap and close project at the landfill and Chairman Joy advised that he would contact Mr. Koehler at CDM for an update. The meeting was adjourned at 8:00 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary 31.3 SELECTMEN'S MEETING APRIL 8, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Alan I. Adams and Michael Doyle were present. The minutes of the March 25th meeting were read and accepted as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. At 7:05 p.m. the legal notice for a public hearing was read by Chairman Joy. The applicant (Byfield Water District)requested a special permit for the construction of a water treatment facility on land off Larkin Road which is zoned agricultural/residential. Paul Howard of Tata&Howard presented facts and drawings of the proposed facility to the Board. Abutters had been notified. There was no one present that wished to speak for or against the project. The hearing was closed and the matter taken under advisement as moved by Selectman Adams and seconded by Selectman Doyle. The hearing was reopened and the special permit was granted as submitted as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. A general business license was approved for Lexa's Day Spa as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. The Board acknowledge the retirement of Cynthia Dennis from the Council on Aging and a letter of appreciation for her many years of service will be sent from the Selectmen. A request from S.P.N.E.A. for permission to hang a banner on the Upper Green ball field backstop to advertise their Draft Horse Plow Match was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A request from the P.I. Surfcasters for use of the Upper Green pond and surrounding area to conduct a fly fishing/casting clinic on Saturday, May 3 l st from 8 a.m. to 12 noon was approved as moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. A request from Triton's U10 Intramural Soccer teams for use of the Lower Green for practices starting April 9th for 13 weeks on Monday and Wednesday from 4:30 to 7 p.m. and on Fridays, April 25th, May 2,9,16,23,30 and June 6th was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. A permit from Keyspan to open and excavate 130 Elm Street for the installation of a new gas service was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously subject to Tim Leonard's approval and supervision. William Greenwood, Yankee Homecoming Parade Chairman, addressed the Board regarding the possibility of ending the 2003 parade at the Upper Green. Liability insurance.which had been a problem in the past, has been secured, he advised. Vehicle parking would still be on Marlboro Street and the theme of this year's parade is "Back to the Past". Mr. Greenwood was asked to coordinate his activities with Chief Merry. It was moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve the request of the Parade Committee to end the parade at Newbury's Upper Green. A Class II Used Car Dealer's license was renewed for Byfield Auto of 96 Orchard Street as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously. It was moved by Selectman Doyle to allow videotaping of all public meetings, seconded by Selectman Adams. Mrs. Gouldthorpe, Chair of the BOH noted that if all meetings are taped and televised, people are not interested in taking part in the meeting process. Chairman Joy will check with Counsel to see if a motion is necessary or if it should be only a recommendation from the Board. Selectman Doyle will set up a meeting with McGregor&Associates to address JRM and what can be done by the Selectmen and the Board of Health. The Boards will be advised of the date of time. 115 A draft warrant for.the annual town meeting was submitted to the Board for their review. Signatures are requested by Thursday so the warrant can be posted in a timely manner and printed for town meeting. The meeting was adjourned at 7:30 p.m. as moved by Selectman Doyle and seconded by Selectman Adams. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING MAY 20, 2003 The meeting was called to order at 7:00 p.m. by Chair Richard Joy. Selectmen Michael Doyle and Bruce Saunders were present. Bruce Saunders was welcomed as the new member of the Board. The minutes of the April Bch meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. Chairman Joy noted that the section of the minutes regarding televising public meetings could only be a positive recommendation from the Board as it is state law that all public meetings may be televised. Chairman Joy called for the re-organization of the Board and asked for nominations for Chairman. Bruce Saunders nominated Richard Joy for Chair. The nominations were closed and a vote taken. Selectman Doyle voted pass, Selectmen Saunders and Joy voted to approve and Richard Joy was declared Chair. Selectman Saunders nominated Michael Doyle for Clerk,the nominations were closed and it was voted unanimously. Michael Doyle was declared Clerk. Selectman Saunders was asked to be liaison to Waterways and accepted. Selectman Joy will remain liaison to the Plum Island Water/Sewer Project and Selectman Doyle will remain liaison to the Board of Health and Solid Waste Committee. It was suggested that a liaison be established with the Planning Board and Bruce Saunders was nominated and accepted as he has past experience with planning. The nomination was voted unanimously. Chairman Joy declared the warrant open for the Special Town Meeting to be held Tuesday, June 24,.2003. The warrant will be closed to petition articles May 27, 2003. It was moved by Selectman Doyle and seconded by Selectman Saunders to adjourn the public meeting at 7:15 p.m. and Chairman Joy asked that they reconvene in executive session with Counsel to discuss strategy with regards to all open litigation for the benefit of Selectman Saunders. A roll call vote was taken on the motion with Selectman Doyle voting yes, Selectman Saunders voting yes and Chairman Joy voting yes. Chairman Joy advised that the public meeting would not be reconvened at the close of executive session. s Respectfully submitted, Kathleen Sirois, Secretary 3 17 SELECTMEN'S MEETING MAY 27, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the May 20th meeting were read and accepted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. The legal notice for a pole hearing, plan#668, dated 3/31/03, was read by Chairman Joy. John Butler of Massachusetts Electric explained that the petition was for an upgrade to erect a new pole to lessen the span between#23 &#27 So.Pond Street so that wires could safely be strung. There was no one in the audience to speak against this petition. It was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to grant the petition as submitted contingent on approval of the location by the DPW Director,Tim Leonard. Notices of two zoning bylaw amendments were accepted and referred back to the Planning Board for hearings as moved by Selectman Saunders and seconded by Selectman Doyle. A one-day special permit for the sale of alcoholic beverages for Governor Dummer Academy's reunion festivities on Saturday, June 141h from 12 noon to 12 midnight was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. New licenses were approved for the following businesses as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously: Denise McKenzie d/b/a D.J. Mac's @ 11 Fordham Way(Parking Lot) Wendy Hall d/b/a Roots to Wings Yoga Studio @ 1 Lunt Street(General Business/Yoga Studio) Danny Roach d/b/a Newbury Stable Services @ 100 Nbypt. Tpke. (General Business/Seasonal Retail) Nicholas Avelis d/b/a Shorts& Sandals Tanning Salon @ 9 Fruit Street (Beauty/Tanning Salon) Penelope Kullaway d/b/a Massage&.Energy Balancing @ 65 Nbypt Tpke. (General Business/Massage) Christine Moore d/b/a Season of Change Massage Therapy @ 65 Nbypt. Tpke. (General Business/Massage) A request from Robert Mannino Jr. to operate a mobile hot-dog concession on Plum Island at the far end of the Town's beach parking lot was granted with the stipulation that all trash be collected and removed from the area at the close of business each day and subject to inspection by the Board of Health and compliance with their rules and regulations. This permit was granted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. Paul Ivaska addressed the Board regarding the Father Sears Memorial Park property. The property line issue has not been resolved and he asked that the Board negotiate with Mr. Carr to reach a mutually satisfactory solution. Mr. Troy Carr who was a member of the Father Sears Memorial Park Committee has resigned as he felt there might be a conflict of interest. The committee requested permission to move forward with an interim design,reviewing existing vegetation, marking the perimeter of the lot, cleaning the site and siting the walking path and seating. The final design and fund raising activities will be postponed until negotiations are completed with Mr. Carr. It was moved by Selectman Saunders, seconded by Selectman.Doyle and voted unanimously to grant permission for the committee to move ahead with the interim design pending resolution of the property line. Property line negotiations were taken under advisement and the Selectmen will meet with Mr. Carr and Counsel to negotiate an agreement. Eric Norgaard brought a complaint against Planning Board member Eric Griebling for a posting on a web site. He was advised that this complaint should be brought to the Planning Board not the Selectmen. It was moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously to refer Mr.Norgaard to the Planning Board as he had come before the wrong elected body. -519 Wendy Hendrickson addressed the sand and salvage materials deposited on the beach May 81"from the Olga Way Parking Lot. She presented the Board with a SOP for this sand staging area, which she stated she had developed with Tim Leonard's approval. The Board accepted the SOP for review and advised that it should also be brought before the Conservation Commission and the Board of Health. On the recommendation of Chief Merry,the following persons were approved for appointment as part time lifeguards for the Town of Newbury as moved by Selectmen Doyle, seconded by Selectman Saunders and voted unanimously: James Shafner(Head Guard), Ben Casey, Kristie Hambrech, Lori Hambrech, Keith Hambrech, Michael Biscardi, James Ward, Bethan Noonan, Allison McNiff; Caroline Linehan and Stephen May Jr. A request from the Byfield Day Committee to close off the section of Lunt Street between the Yellow School and the Church on June 7"'for Byfield Day activities was approved as moved by Selectman Saunders and seconded by Selectman Doyle. Selectman Saunders briefly addressed the Town's financial situation and ways of cutting costs. After reviewing McGregor&Associates billing, he said he found it to be redundant to Counsel and costly. He moved to discontinue McGregor's services, seconded by Chairman Joy and opened to discussion. Selectman Doyle argued that McGregor had been retained to handle landfill litigation and the transfer station after Counsel recused himself due to possible conflicts regarding landfill litigation. Chairman Joy noted that McGregor&Associates was not involved in siting the transfer station, it was handled by CDM. After a brief discussion, Selectman Saunders amended his motion to retain the services of McGregor&Assoc. until the transfer station is operational and to have them available to Counsel as a resource on the JRM case. He also moved that all communication between McGregor and the Board should be directed to the Chairman at Town Hall and not to the selectmen personally. The amended motion was voted unanimously. The meeting was adjourned at 8:00 p.m. as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S METING JUNE 10, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the May 27 h meeting were read and accepted as moved by Selectman Saunders and seconded by Selectman Doyle. Selectman Doyle asked to clarify the statement about communications being directed to individual selectmen. He stated that he had personally requested information from McGregor& Associates for the benefit of briefing Selectman Saunders and it was one time only. Selectman Saunders thanked Selectman Doyle for the clarification. Licenses were renewed for Gunter Hagspiel d/b/a Head Tyrolia Winter Sports @ 12 Kent Way and for Kurt Bleicken d/b/a Appleton Woodworking of Newbury @ 90 Newburyport Turnpike, as moved by Selectman Saunders and seconded by Selectman Doyle. A request for use of the Upper Green by the Byfield Parish Church for their annual retreat picnic and activities on Saturday, September 6t'was approved as moved by Selectman Doyle and seconded by Selectman Saunders. A proposal from William Pasquina of West Newbury toll soft drinks on the beach was discussed. The concern was if one peddler was allowedrould it set a precedent for others to follow. Regrettably the proposal was denied as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. 3�21 On the recommendation of Town Clerk, Donna Stefanile, the following persons were re- appointed as election workers: Marjorie Emerson, Joyce Davis, Phyllis Teselle, Martha Webb, Mary Wood,Norma Taylor, Richard Cunningham, Jean Gustayson, Joan Takesian, Linda Smart, Carole Oljey, Sharyn Reetz, Rita Sullivan, Kathleen Sirois, Marcia Peirce, Carrie Keville, Wanda Traister,Virginia Quinn, Reagh Atkinson, Anita Mansur, Ruth Rock, Pam Griffin, Joyce Knowlton, Jennifer Reetz, Rita West, Paula Chambers, Russell Gibson, Donald Teselle, John Keville, Elaine Demers, Alix McArdle, Priscilla Edmonds, Ruth Cunniff, June Maguire, Wendy Kaminske, Joan Weyburn, Paula Rock, Charles Bear and Karl Cahmbers. Ed Carpenter was also re-appointed as a registrar of voters, all as moved by Selectman Doyle and seconded by Selectman Saunders. Carrie and John Keville addressed the Board regarding over flow parking on Northern Blvd. on Saturday, June 21'`for their sons graduation party. A notice has been printed for all attendees who will use the Northern Blvd. area and will be placed in their windshield to prevent ticketing. Chief Merry noted that it was not a problem as long as no one blocked driveway accesses. The request was granted as moved by Selectman Saunders and seconded by Selectman Doyle. Chairman Joy noted that the warrant for the Special Town Meeting on June 24t`had been posted. The Board of Health will hold an informational.meeting for the transfer station on Thursday, June 19, at 7 p.m. at the Senior Center at the Elementary School. Anyone with questions or concerns is invited to attend. Adele Varney of 8 Parker River Drive addressed the Board regarding the removal of berms and the condition of their road. The Board listened to the concerns of the residents and advised that they would ask the Highway Department to address what clean up'is necessary. The road will be placed on a list for repairs as monies become available but no time frame was promised. Matt Freedman, Chair of the Library Trustees, questioned the Board about the budget process. He stated they had tried to work with the Finance Committee but their concerns were not all addressed and he felt the library budget was not cut proportionally with the other town budgets. He was advised that the warrant was closed and posted but they should try to address their concerns again with the Finance Committee perhaps for a future consideration. At the request of Chief Merry, Patricia A. Gallagher was appointed as a reserve officer through July 31, 2004 as moved by Selectman Doyle and seconded by Selectman Saunders. At the request of Chief Merry, the following persons were appointed to the part time position of lifeguard for the 2003 summer season, as moved by Selectman Doyle and seconded by Selectman Saunders: Emily Antone, Hillary Coughlin, Britt Lazar and Jill Fotino. Selectman Doyle moved to have all new business in writing at least 24 hours prior to meetings. There was no second and the motion died. The meeting was adjourned at 8:10 p.m. as moved by Selectman Saunders and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary -Minutes of the joint meeting of the Oldtown Water District fr. * and the Newbury Board of Selectmen . f Date: June 17, 2003r,/, ;00 PM Location: Newbury Elementary School The meeting convened at 8:15 PM in the Library of the Newbury Elementary School. In attendance were OWD Commissioners Bashaw and Walker, OWD clerk Pease, OWD Treasurer Owen, Selectmen Joy and Saunders, Selectmen's secretary Sirois, Counsel for the OWD Healey, Counsel for the Town Lagoulis, PI Project Coordinator Gustafson, Donovan of Camp Dresser and McKee, and five members of the public. After a brief introduction by Bashaw, John Healey(OWD Counsel) made a recommendation that the OWD Commissioners and Selectmen go into executive session because of the nature of the negotiations that would take place. Selectman Joy made a motion to go into executive session, the motion was seconded and it was pointed out that a roll call vote was necessary. Bashaw and Walker raised hands in agreement to go into executive session. Bashaw asked Bruce Saunders(Chairman of the Byfield Water District) as to who would normally participate in the Byfield Water=District's executive sessions. Saunders responded that only the Commissioners would participate in their executive sessions. Commissioners Bashaw and Walker, Selectmen Joy and Saunders, OWD Counsel Healey, Town Counsel Lagoulis, PI Project Coordinator Gustafson, and Donovan of CDM remained in the executive session and all others were asked to leave. There was some discussion and concern that the OWD did not have the authority to enter into agreements that involved sending water outside their District.No action was taken on this topic. There was some discussion as to whether the Newbury Section of Plum Island should be brought back into the district and what it would take to facilitate this.No action was taken on this topic. The Memorandum of Understanding (MOU) was discussed to see if changes were needed to facilitate possible expansions in the Oldtown section of town. After discussing the specific language changes needed to the MOU, a motion was made by Walker to change the language in paragraph 4 and forward those changes to the Newburyport Water Commission for their consideration. The motion was seconded by Bashaw and voted unanimously. A motion was made, seconded, and voted to adjourn at 9:30 PM Respectfully submitted Charles Bashaw/ Commissioner Oldtown Water District � J 7 123 SELECTMEN'S MEETING JULY 8, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the June l&meeting were read and accepted as amended(names of lifeguards to be added to appointment list)as moved by Selectman Doyle and seconded by Selectman Saunders. A Keyspan permit to open and excavate 148 Elm Street to install a new gas service was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A common victualler license for Atty. May's at 2 Northern Blvd. was approved as moved. by Selectman Saunders and seconded by Selectman Doyle. 1 A request from Roger Thurlow of Hanover Street to speak on East Coast Trucking was continued to the end of the meeting as Mr. Thurlow was not present. Jim Gormley read a letter to the Board concerning activities at the JRM facility on Newburyport Turnpike. The letter will be entered into the records. Selectman Doyle questioned Chairman Joy about a meeting scheduled with Senator Tarr and Counsel to discuss JRM. Chairman Joy advised the meeting had been cancelled by Senator's office due to his restrictive schedule and he had not personally spoken with the Senator. Selectman Doyle asked that when the meeting is rescheduled,the entire board be included. He stated he had a letter from Senator Tares office requesting a meting with Atty. McGregor and McGregor had notified him that the meeting had been cancelled by Selectman Joy. Dick noted he had not spoken with.McGregor or his office for several months and he did not cancel any meetings. Selectman Doyle was asked to produce copies of the letters for the records,which he promised at the close of the meeting. Jon Bursaw of the Fr. Sears Memorial Park Advisory Committee addressed the Board regarding the establishment of a fence around the property. Due to a boundary dispute with an abutter,Troy Carr,the committee wanted some direction from the Board as to where the fence should be located. It was determined that a site visit would be scheduled with the Board, Building Inspector, Conservation Agent and members of the Park Committee to address the issue and enable the committee to move ahead with their project. Ron Garand spoke about the proposed three-phase electrical service to the transfer station. He suggested the Board seriously consider running service from Green Street where there are poles in place rather than opting for a generator on site. This would also improve service to the Boston road residences, he noted. Mr. Garand was advised to bring his concerns to the Board of Health who are responsible for the construction of the new transfer station. Mr. Garand also questioned town parking permits and parking at the municipal lot on Olga Way. The Board asked that he submit his questions to the Board's secretary so she could research and address his concerns. Dale Romp, as a resident of Plum Island, questioned the new dog regulation banning dogs from the beach. He stated he felt the compromise of early morning and late day hours was working well and should not have been changed. -Erich Griebling of Melody Lane read from a letter he had composed and questioned the BOH's handling of this new regulation. He suggested the problems on the beach might be more nuisance issues than public health issues. Chairman Joy advised the Board of Selectmen had no jurisdiction over the BOH. Alba Gouldthorpe, Chair of the BOH was recognized by the Chair. She stated she was deeply offended by Mr. Griebling's letter as he had signed it as a member of the Planning Board. 'Mr. Griebling apologized and said he only thought it would carry more weight coming from another board member. A discussion ensued regarding enforcement issues and costs of the civil disobedience march held on Sunday, July 6th Interested parties were directed to attend the BOH meeting on July 14th with any further questions or comments. 13-2 5 Ann Hickey of 49th Street addressed the Board regarding the placement of a bench and possibly a walkway, at no cost to the Town,on or near the 49th Street right-of-way to the beach to enable older residents to access the beach. The bench is to be located on her neighbors property, she stated. A letter of permission will be forwarded to the Board for their records. Chairman Joy advised that the Board would have to look at the legality of a walkway and Doug Packer and Brownie Taylor will be asked for their'input into the matter. Alix McArdle, DirectorlWthe Council on Aging, asked how the Council should proceed with regards to the possible development of a senior center at the Woodbridge School. The seniors are willing to work on fund raisers for the project but would like a commitment from the town that the Woodbridge School is available to them, she stated. Selectmen Joy and Saunders advised they would like to see a feasibility study done prior to a commitment and suggested Alix check with Representative Stanley's office to see if any grant funds are still available for such a project. Selectman Doyle stated he would not agree to giving the building to the seniors or spending $1 OOK on a study at this time. Alix agreed to check on the status of state funds and will report back to the Board. A resignation from Bruce Saunders as an alternate member of the Zoning Board of Appeals was accepted by the Board as moved by Selectman Doyle and seconded by Selectman Joy. Selectman Doyle made a motion to close town hall offices on Tuesday evenings for July and August to compensate for no raises this year. Selectman Saunders suggested this might not be fair to other departments in town. Selectman Joy moved to table the motion and Selectman Doyle thereby withdrew his motion. Selectman Saunders offered to speak with the personnel and possibly address this issue at the next meeting. The appointment list for FY04 was read and accepted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously, except for the appointment of Town Counsel. Selectman Saunders moved to accept the appointment of Jim Lagoulis as Counsel, seconded by Selectman Joy and the matter was opened to discussion. Selectman Doyle suggested it was time to bring in a law group that might better serve the Town. Selectman Saunders defended Lagoulis and called for a vote on the matter. Selectmen Saunders and Joy voted to approve the appointment of Jim Lagoulis as Town Counsel. Selectman Doyle voted no. Police appointments were read and approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. It was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to approve the appointment of Ken Stranc as radio officer to Newbury Emergency Management. The art work in Green Pond was discussed. Chairman Joy advised that while the Board had agreed in November to allow this project,he had received many calls, letters and personal visits from residents both pro and con. He noted the art work had certainly increased the town's interest in public properties and asked if any action should be taken regarding Mrs. Metcalf s project. Selectman Saunders moved to thank Mrs. Metcalf and respectfully request she remove the art work by August 15'h, seconded by Chairman Joy and voted by Saunders and Joy. Selectman Doyle voted no. Selectman Doyle raised the question of who should have made the appointments to the Wetlands Committee. Chairman Joy advised the DEP had requested the P.I. Workgroup set up this committee. Mayor Lavender appointed for Newburyport and he as the Newbury representative to the group appointed for Newbury. DEP did not request the Board of Selectmen establish this committee, he noted. The meeting was adjourned at 8:40 p.m. as moved by Selectman Saunders and seconded by Chairman Joy. Respectfully submitted, Kathleen Sirois, Secretary 527 BOARD OF SELECTMEN'S MEETING JULY 22, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the July 8 h meeting were read and accepted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. George Gustafson, P.I.P.C. of the P.I. Water/Sewer Project was not in attendance as the MOU had already been approved by the Selectmen and was in the hands of the Oldtown Water District for a vote of the district. It was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to appoint J. Frank Remley of 16 Old Farm Way to the Finance Committee for a three year term as recommended by Kevin Blanchette. Selectman Doyle proposed the purchase of sandwich boards for placement in key location of town to advertise town meetings, elections and special events. He also suggested the purchase of a glass case for the front of town hall to list office hours and special announcements. Both Selectman Joy and Saunders thought the idea was good. Selectman Saunders only concern was that of vandalism of the sandwich boards if left out for a period of time. Selectman Doyle will gather data and quotes on these items and bring it back to the table when he has the information. The Fr. Sears Park Advisory Committee and abutter Troy Carr met with the Selectmen to discuss the encroachment of Carr's out building on the park property and possible remedies. The possibility of an appraisal and subsequent purchase of a small piece of the park property was dismissed for the present time, as Mr. Carr believes he can claim the land by adverse possession. He did, however, offer to pay for an engineering survey to clean up the lot line dispute. In an effort to move the park project ahead, Mr. Carr agreed to move his mailbox to his side of the tree line and the fence will run along this line. Counsel Lagoulis noted that resolution of the lot line may not be easy due to the will of Fr. Sears and any sale or giving of property may need an act of the legislature as well as a town meeting vote. Selectman Doyle moved to allow the Park Committee to fence along the tree line and thanked Mr. Carr for agreeing to move his mailbox to accommodate this line. Selectman Saunders seconded the motion adding that a letter be sent to Mr. Carr requesting his follow-up with an engineer's survey. The motion was voted unanimously. The proposed closing of the town hall offices on Tuesday evenings was again discussed. Selectman Saunders noted that he had spoken with the department heads and they felt the offices could be covered with minimal personnel as long as the offices were open for the public's convenience. As Tuesday evenings were a compromise for early closings on Fridays, Selectman Doyle withdrew his proposal. It was moved by Selectman Saunders and seconded by Selectman Doyle to re-appoint Dan Streeter and Dave Taylor to the Recreation Committee as their names may have been missed at the last meeting. Selectman Doyle briefed the board on the workshop meeting held on the 20 with the BOH, CSWAC and CDM regarding the transfer station design and costing. He advised that Steve Frain had asked that the CSWAC be transferred to the BOH's jurisdiction rather than that of the Selectmen. It was voted unanimously to transfer jurisdiction of the CSWAC to the BOH. Payment vouchers for J.D. Hartnett& Son Inc. for work on the ball-fields were reviewed and signed by the Selectmen. A Mass Electric easement for service to the ball fields was reviewed and signed by the Selectmen. At 7:45 p.m. a motion was made by Selectman Saunders and seconded by Selectman Doyle to move to executive session under Exception 2 as set forth in the open meeting law to discuss charges brought against a public employee which could be construed as disciplinary. Chairman Joy advised that the meeting would not reconvene in open session and a roll call vote was taken with the following results: Joy, yes;Doyle, yes; Saunders, yes. At 7:48 p.m. general session was reopened briefly to discuss McGregor vs. Lagoulis as moved by Selectman Doyle and seconded by Selectman Saunders. The issue at hand was whether Lagoulis or McGregor should be lead counsel for the final consent order for the landfill. After a brief discussion, it was moved by Selectman Doyle and seconded by Selectman Saunders to allow Lagoulis to move forward with the consent order and he will consult with McGregor if needed. General session was again closed by unanimous vote and a five minute recess was called to clear the room for executive session as moved by Selectman Saunders, seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S WORKSHOP AUGUST 1, 2003 The Board of Selectmen convened in open meeting at 9:00 a.m. Selectman Joy, Doyle, Saunders as well as Treasurer Jim Cashman, Counsel Jim Lagoulis, Joe Cataldo of Littleton Engineering and John Donovan and Chris Koehler of CDM were in attendance. By unanimous vote of the Selectmen,the MOU between the City of Newburyport, Newburyport Water Commission, Town of Newbury and Oldtown Water district relative to new water supply developments for the purpose of supplying water to Plum Island was signed as voted at the Oldtown Water District special meeting of July 30, 2003. The purpose of this workshop is to discuss whether or not the Town should pay for a change order related to the capping of the landfill. The change order is in the amount of $45,000 for additional earth removal at the site. During this discussion Selectman Doyle had to leave for work in Maine and Selectmen Joy and Saunders remained. The discussion continued as to whether or not this work was properly in the specs of the contract or is it an addition thereto. Selectman Joy made a settlement offer to CDM and the contractor. The original offer was discussed and modified to a proposal of$37,500 by Joe Cataldo of Littleton. At this point, it was moved by Selectman Saunders and seconded by Selectman Joy to enter into executive session to consider this contract negotiation and their position with Littleton vs. possible litigation. A roll call was taken: Joy, yes; Saunders, yes. Selectman Joy announced that the meeting would be reconvened in open session. The executive session produced a discussion as to the reasonableness of the offer and it was decided to accept the settlement offer of$37,500. Whereupon the Selectman closed the executive session and reconvened in open session. Upon reconvening, the Selectmen announced that the settlement offer of$37,500 was acceptable to the Town. The open session was concluded and the meeting adjourned as moved by Selectman Saunders and seconded by Selectman Joy at 10:10 a.m. Respectfully submitted, Kathleen Sirois, Secretary 331 SELECTMEN'S MEETING AUGUST 12, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the July 22"d meeting were approved as submitted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. The Board acknowledged the receipt of a revenue sharing check in the amount of $80,730 from the Parker River Wildlife Refuge, which covers FY02. A new license for auto repair was approved for Damon Sesto d/b/a German Autosport at 96 Orchard Street, as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A request for the use of the Upper Green as a rest stop by the North Shore Cyclists for their annual century ride on August 23`d was approved as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. Betty Collins, Anita Mansur and Barbara Purinton,representing the Yellow School for the Arts Committee, addressed the Board regarding their progress to date with the performance hall,the exterior of the school building and their next scheduled fund raiser, which will be an"alumni reunion" on September 28th from 12 noon to 3 p.m. Invitations were personally extended to the Selectmen for this event and Selectman Joy was asked to open the ceremonies as past principal of the elementary schools. The ladies were thanked for their kind invitation and their presentation of proposed plans for the school building. Selectman Doyle advised he had obtained two quotes for the sandwich boards, but was waiting for additional prices. He questioned where the funding for the boards would come from. It was suggested it could be a town hall maintenance expenditure. Mr. Ablow of 49`h Street Plum Island addressed the Board regarding the location of a bench placed on the beach by the Hickey family. He stated he objected to the structure as it is large and unsightly and he believed could set a precedent. He also cited a litter problem. He asked the Board to rescind the permit they gave to allow the bench. The Board agreed to investigate the problem and to work with the Conservation Commission and the Beach Committee to develop a plan for items such as benches and walkways, but did'not rescind the permit. Mr. Ablow asked to'be kept informed and to be place on the next agenda. The Pettingills of 4 Anchor Way cited a problem with an easement and a drainage pipe that runs through their property from Anchors Way to Withington Street. They thanked Tim Leonard for all his help keeping their property dry during the heavy rains. They requested a copy of the easement as it does not appear on their deed. Tim, Counsel and the Selectmen agreed they will work on getting quotes asap and will pursue alternative solutions to the pipe as it is now. One of the problems being that the Pettingills have built an addition over the pipe making it difficult to access. The Pettingills will be advised when more information is available to the Board and a meeting will be scheduled. Selectman Saunders addressed off site meetings and conferences. Selectman Doyle is scheduled to attend a conference at U-Mass in mid September. Selectman Saunders suggested that a full report be made and, if possible, hand outs be obtained for the Board members not attending. He suggested that in the future the Board should decide who will attend and what can be gained from the conference/meeting. Special department expenses were discussed,triggered by a request for reimbursement for office supplies for a home office. Selectman Saunders suggested the Board think about whether or not the public is bettered served by the Selectmen setting up a home office and installing a second phone line. He moved to have the subject addressed again at the first meeting in September and guidelines be set for reimbursement of expenses, seconded by Selectman Doyle and voted unanimously. DEPARTMENT HEAD MEETING AUGUST 27, 2003 i Bruce Saunders thanked everyone for attending. He stated the intent was to meet together so we are more comfortable with each other's departments and to voice any concerns or give input as needed. The meeting was opened to the floor. Present at the meeting were: Alix McArdle, Alba Gouldthorpe, Barbara Cohen, John Keville, Doug Packer, Tim Leonard, Sandy Small, Donna Stefanile, Kevin Blanchette, Evelyn Noyes, Dave Mountain and Roger Merry. Barbara Cohen advised that her office was available to all departments for information on invoice payments and balances of accounts. Monday and Tuesday mornings are warrant days so they are not the best time for questions. John Keville noted that the waterways department was working well. There were no current problems except for a need of a new truck and more storage space. John also spoke on our computer system. A new server is needed, he advised. John& Gregg Frappier are building one at an estimated cost of$2500. They are also putting together three computers with more storage space at a cost of approximately$300 each- one for John's office, one for Sandy in the Treasurer's office and one for Donna's Town Clerk office. John and Bruce will meet to discuss hard drives for the computer system. The web site is being used more and more by our citizens, John advised. Approximately eleven hours a week are designated to maintaining and updating the web site. Input from all departments is needed to keep this site up to date. Doug Packer noted that fewer things are falling through the cracks. The Conservation Commission has established good communication with the Board of Health and the Building Inspector. A stamp has been purchased for plan approval to eliminate plan switching. The CC has the authority to require permits/sign offs from all other boards and has implemented some of this, especially with the Planning Board and the BOH. Tim Leonard expressed his desire to have the Highway Department included on any sign off lists for construction. This would enable him to check on possible damage to roadways by equipment and also placement of walls and fences prior to an occupancy permit being given out. On a good note,he stated,the Police Dpt. and Highway are working together to keep the cruisers operational. One on going problem is winter plowing and the erection of new fences and walls and fences that prevent his plows and equipment from getting up and down the narrow streets. Bruce inquired if there was some way the town could advise the citizens that the town will not be responsible for damage to fences, walls, etc. if placed on or too close to town right of ways. Dave Mountain advised that he was trying to get GIS surveys in place, which could help in these matters. John Keville mentioned that he and Carrie had recently attended classes in pictometry offered by MVPC. Dave suggested perhaps the town departments could network to the Planning board printer for GIS and pictometry if needed for such uses. , Chief Merry spoke on space problems. He noted he will be proposing the purchase/lease of a 12'x6'trailer(built to Mass code) which would house three offices, a foyer and storage for his department at a cost of approximately $25K. This trailer could be set up behind town hall and will be financed with grants and drug funds. This set up would enable his department to process more than one investigation at a time. He also noted that the front window in the entry of the police station needed to be more secure for the safety of the dispatchers especially those working the late night shifts. He advised that his department had purchased a CD writer with grant funds. This CD writer scans paper documents and hand written records to CD's for storage thereby eliminating a storage problem. It is available to all departments. He noted that most problems, of course, could be solved with"money". Sandy Small spoke on problems with kids on Library property this summer. She stated Roger and his department had been most helpful. Barbara Cohen has also been a big help getting figures ready for state review for certification. She noted that the Planning Board often sends copies of subdivision plans to the library for public viewing and they would welcome the same from all departments. Meeting space at the library is also offered during regular operating hours, she advised. Bud Kelly noted his was a small adequately manned office. He was unaware of any big problems. He said he had some personnel based questions regarding vacation and sick time policies and also some 911 concerns, which he will be address with the Selectmen at the end of September. Brownie Taylor suggested a group be formed to look at building needs for town offices and possible uses of the Woodbridge School building. Dave Mountain advised that it was part of the master plan that the Planning Board is currently working on. Bruce acknowledged the space analysis proposal and hoped we didn't have to wait for the master plan to be implemented to start work on these space problem needs. Dave Mountain spoke on the interaction of the Planning Board with all other departments and how helpful it is to deal up front with concerns before plans reach formal hearings. He said his department would like to work closer with the Board of Health on large/multi unit septic systems and large subdivisions. He suggested that perhaps the highway department should look at their policies for plowing and maintaining private ways. Dave and Donna spoke about the new code books. It is a great idea,they agreed, but very expensive to keep updated. Donna said it was a budget oversight this year and will have to be addressed next year. Dave advised that Gerrard Whitten of MVPC had developed a new street map for the town but there were still a few loose ends. On the financial side, the Planning Board is working with the accountant's office to deal with subdivision funds. Dave stated he would like to get a sense from the other boards about the cost of their time involved with subdivisions so that a fair fee could be set. The boards feeling was that fees may need to be raised to compensate for this time. Doug Packer said that r N the Conservation Commission was also looking at fees. Wetland fees collected amount to about 20%and should be around 80%. The tax payers end up paying for application reviews because our fees are too low. Tim Leonard said he would look at roads and drainage and keep track of time involved also. Dave noted he would like to find a way to do a community mailing. There seems to be no easy way to access a mailing list. : Dave questioned our bridge replacements. He stated it was his understanding that the transportation plan for the region had dropped the Rte 1 A bridge to the bottom of the list. Bruce suggested letters from boards involved expressing their concerns about the safety of the bridge. He will submitted these letters at his MPO meetings. Dave asked for a wish list of needs and issues for the future for the master plan, which looks at 10 to 20 years down the road. The community vision plan should be ready by fall, he advised, and all other issues will follow. Evelyn Noyes noted that zoning was a small board that works closely with Brownie, Doug and Martha Taylor of the Planning Board. Enforcement is sometimes a problem but that usually falls on Brownie as enforcement agent. She noted she would like to see more educational opportunities. The Collabrative from U Mass that ran courses at Northern Essex but is not offering anything this year probably due to budget cuts. If anyone hears of classes being offered,please let Evelyn know. Alba Gouldthorpe thanked all the boards for their continuing support with special thanks to Alix for use of the COA room for meetings. She expressed one complaint that there was not more unity between the BOH and the Selectmen. Except for the everyday problems that run with the job, she had nothing to report. She expressed her pleasure with the new health agents and hoped all the boards would work closely with the girls. Donna Stefanile asked why we suddenly have so many sub-committees and are they .'� really needed. It is nice to get input from the citizens but all these extra committees seem redundant. Bruce noted that these committees have a life span and once their goal is attained they can be disbanded. If it is found that a committee is still needed after their goal is reached then they should become a standing committee with a budget and an chair, he noted. Kevin Blanchette said he felt this meeting was a great idea. We are going forward through a tough year and may be facing a second year of the same. We realize there will be a need for some adjustments in FY04. The Finance Committee plans to work closely with all boards after Labor Day for early input for the next budget session. An over-ride may be needed for 05 unless we are able to do a little more belt tightening. Grant monies were briefly discussed. Kevin expressed concern about the strings attached to some grants. Dave Mountain suggested grants are good for consultant fees, equipment or vehicles but not necessarily for long term ventures that could end up costing the town money. Kevin agreed that a review of fee structures for services would be beneficial. The Finance Committee will establish a liaison with larger accounts for work on a one on one basis for next year's budget, he advised. Alix McArdle agreed that a master plan and town use needs are very important. t. However, confidentiality is a special need of the COA and they currently have no place to sit and talk privately with our senior citizens. There are now 1100 seniors in town and not enough space to service them. COA worked with grant funds to obtain a van and now they need to look for funding for a driver. Transportation of seniors is a big issue for the future. 40B development may be linked to a new senior center but often do not work because if the seniors don't live there,they don't tend to come to meetings or socials. $65 per senior is all that is spent by Newbury for the year. The council needs to get information out to all our citizens to keep them informed. Evelyn Noyes noted that communication is a problem. We hear about all the bad news but not the good things that happen in our town. Sandy Small inquired about stress training. She said her workers are worried about their jobs, budget cuts and the uncertainty of things. Workers Comp and MIIA Wellness will be researched to see if they offer any clinics on this subject. Kevin advised that there is a municipal relief package set by the state for early retirement. It has to be accepted by the Selectmen and town vote to set a cap on eligibility. The Selectmen would have to accept it by October I"and the positions being vacated are not to be replaced. It is something to be considered, he stated. Bruce suggested the group meet again the last Wednesday in October(10/29)at 7:30 p.m. (at the request of Dave Mountain due to his schedule at school). He noted that this meeting reinforced the fact that we are all in the same boat. Everyone is compensating and we encourage all departments to continue working together and to work closely with the finance committee to set up next year's budget. We will follow up on some items addressed tonight as a small agenda for the next meeting. It is not mandatory that everyone attend,but if your department is on the agenda, we would appreciate your �, participation. All, of course, are welcome. Thank you all for coming. MINUTES The Board of Selectmen met at 9:00 a.m. on September 2, 2003, for the purposes of discussing the problem with the drain pipe easement across the property of Mr. and Mrs. Pettengill on Anchor Way in Newbury, Massachusetts. Present at the meeting were Selectman Richard Joy and Selectman Bruce Saunders. Selectman Michael Doyle was absent. Also present were Town Counsel James Lagoulis, Highway Surveyor Tim Leonard, and Bud Fournier of the Highway Department. A discussion ensued regarding the responsibility of the town for the maintenance of the pipe. Town Counsel Lagoulis advised the selectmen did have an obligation to maintain the easement, but that the obligation had been impeded by the construction of the addition over the easement, thereby creating an encroachment. The highway surveyor then instructed the selectmen as to various possible solutions to the problem. After a considerable discussion, it was agreed that, provided the Pettengills wish to do so, the best solution to the problem would be to reroute the pipe so as to no longer have it run under the addition to their house. Doing so would require the obtaining of an easement from the Pettengills' neighbors and laying new pipe from the catch basin across the easement to whatever pipe presently comes out on Withington Street. If the pipe were rerouted along this new easement, which the Pettingills' would obtain from their abutter and offer to the town without any expense to the town, it was agreed and moved by Saunders, seconded by Joy, and voted by Selectmen Joy and Saunders that the Selectmen would convey the present easement back to the Pettingills, and to bear the expense of capping or removing the present drainage pipe up to the sum of$3,000.00. It is understood by all parties that for the town to convey the present easement back to the Pettingills such conveyance would require approval by a town meeting vote. .333 Selectman Doyle briefed the Board on his meeting with a group of citizens and Senator Tarr regarding JRM. Senator Tarr gathered information from the citizens, he noted,to .possibly work with DEP and Mass Highway on some of the complaints. The Senator will follow up with a meeting.with.the Selectmen. Selectman Saunders noted that in order to close out for the news media and cable viewers the issue of a violation of the open meeting law on June 26' filed with the DA's office by Selectman Doyle and one month later by Nicholas Metcalf, the DA has ruled there was no violation. The OTWD executive session was also briefly discussed. Selectman Doyle asked for a copy of minutes of the session, as it is now open to public review. Counsel advised that he had drafted guidelines for an executive session for all the Boards and there should be no problems in the future. Selectman Doyle produced a letter from Protection Fire Co. #2 asking that town hall cease distribution of pamphlets on the P.I. Water/Sewer Project,because of a statement that "fire protection will not be provided" if the project does not move forward. Selectman Joy advised that this matter had been discussed at Monday's workgroup meeting and a correction will be addressed by the company that put together the brochure. It was moved by Selectman Saunders and seconded by Selectman Joy to cancel the meeting of August 26 h unless an emergency situation arises. A meeting can be quickly pulled together with forty-eight hours notice if needed. Selectman Doyle voted no. The meeting was adjourned at 8:40 p.m. as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN'S MEETING SEPTEMBER 9,2003 Chairman Joy called the meeting to order at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the August 12t'meeting were read and accepted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. or Verizon's plan#353, dated 8/4/03 to lay and maintain approximately A public hearing f ten feet of underground conduit in the area of the new Colby Farm subdivision at 176 Elm Street was declared open at 7:05 p.m. Joseph Gleason, Right-of-Way Agent for Verizon, advised that the conduit would be laid in the soft shoulder of the roadway and no asphalt cuts would be required. There being no questions, discussion or debate, it was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to approve the petition as presented. A request from the American Hand Fire Engine Society for use of the Upper Green on Saturday, July 31, 2004 for a New England States Veteran Firemen's muster was approved as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. A request from Anytime Anywhere Fitness for use of the Town Hall as an alternative meeting place for exercise classes was denied as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. It was suggested that Ms. Lacourse contact the elementary school to see if she might use the small gym or senior center for this activity. 335 A request from Triton Soccer U10 for use of the Lower Green weekdays from 4:30 p.m. to 7:00 p.m. from September 2nd through November I"was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A request for Saturday usage was withdrawn by the U10 coordinator prior to the meeting. Mrs.Nicholas Metcalf addressed the Board regarding the Upper Green Pond. She advised that it was not in good shape at the moment and suggested remedies or possible changes be discussed with the.Planning Board to see if the pond is addressed in the master plan and the Historic Commission for their input. Mrs. Metcalf was thanked for her concern and the Board will investigate corrective actions with the other boards. Chief Merry briefly outlined the memorandum of understanding for interagency assistance drawn up by the towns of Rowley, Georgetown, Ipswich, Boxford and Newbury. This document has been reviewed and approved by Attorney Jack Collins of the Mass Chief s Association, Chief Merry advised, and is necessary for accreditation and certification of his department. An MOU is also being drawn up with Newburypoit but is a little more involved due to several issues such as the sharing of Plum Island. It was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to approved this MOU as presented. Under old business Selectman Saunders gave a brief overview of his department head meeting held on August 27d'. Selectman Saunders said he felt-it was a good start,well attended and an agenda will be set for a second meeting the end of October. Selectman Doyle asked about the meeting of September 2nd and the decisions made regarding the drainage pipe and easement through the Pettingill property. It was suggested he contact Counsel for legalities of the decisions reached. A letter from Stanley Price will be addressed through Doug Packer of the Conservation Commission. The status of the interim order of consent with the State will be reviewed with Counsel to see if a conclusion has been reached. Selectman Doyle advised he had prices for indoor and outdoor glass cases as well as sidewalk boards which he felt would better serve our needs than sandwich boards. It was suggested he put together a proposal with prices and number of each item needed for the next meeting. Margaret Stokes and Matt Freedman representing the Library Trustees spoke regarding possible de-certification of the library. An application for a waiver can be submitted but only if the appropriation for 04 is brought into compliance with the guideline formula. This would mean an additional $20K+of additional funding. A special town meeting would need to be held prior to November 21"to approve this funding with an override to proposition 2 1/2. The Selectmen agreed this situation cannot be unique to Newbury and suggested other towns be surveyed to see what they are doing about this problem. Selectman Doyle will make an inquiry at the conference at U Mass he will be attending next week. The Finance Committee will also be contacted for their input as soon as possible. Mr. Freedman advised that the Selectmen should call Sandy at the library for names and telephone numbers of persons on the Mass Board of Library Commissioners to call regarding this matter. The meeting was adjourned at 7:55 p.m. as moved by Selectman Saunders and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary 33,7 SELECTMEN'S MEETING SEPTEMBER 23, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the September 9 b meeting were read and accepted as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A request for use.of the Upper Green by Cub Scout Pack#44 on Saturday, October 25`h from 9 a.m. to 2 p.m. for their annual can/bottle drive and yard sale fundraiser was approved as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. A request to close off Anchors Way from 12 noon to 1 p.m. on Saturday, October 4t'for an outdoor wedding was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. Permission was also given for use the school lot for overflow parking if needed. Stephen Smith addressed the Board regarding an accusatory letter he submitted to them concerning Walton's Oceanfront sale. The entire Board advised that while they were aware of the sale,they had not met either the new owners or their attorneys. Chairman Joy noted he had spoken with several other.boards and they all reported that this transaction was handled the same as all others on Plum Island. Mr. Smith was asked to seek clarification from the other boards if he was not happy with the answers received at this meeting. Selectman Doyle gave a brief overview of the MMA meeting and seminar he attended at U-Mass and presented each Selectmen with copies of the information received at these seminars. Mike touched briefly on each seminar topic. He reported it was a very worthwhile meeting and a lot of interesting ideas were put forward. The message from financial discussions was not good for FY05 and more cuts are anticipated. Library funding was a hot topic at the meeting and there was a lot of speculation about waivers for de-certification. The waiver application must be filed by October 24t'whether or not we meet the guidelines, he noted. He stated he hoped to have more information on this before the filing deadline. Chris Burgess of the Library Board of Trustees noted it was his understanding that in order to file a waiver the guidelines must be met. He asked that the Trustees be kept informed of any news. Selectman Doyle also addressed Article 22 of the April 02 ATM providing for the appointment of a five member committee to examine the working of our town government and recommended'changes for a more effective and efficient delivery of services. He noted that the auditor had recommended the town look at appointing a "finance director" and it was agreed this was a good idea to pursue. Selectman Saunders advised he had been giving this committee a lot of thought and had one person volunteer already. Bruce suggested the Board look for persons who have daytime.hours available as well as evenings as most town business is conducted during the day. It was agreed that the Selectmen would try to find interested parties and a committee would be organized. A proclamation for United Nations Day on October 20 was read and signed by the Board and will be forwarded to the United Nations Association of Greater Boston for their official ceremony. The meeting was adjourned at 7:45 p.m. as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary cs BOARD OF SELECTMEN'S MEETING OCTOBER 14, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the September 23`d meeting were read and accepted as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. As the Assessors were not in attendance, a letter from them to the BOS concerning a supplemental tax assessment was read by Chairman Joy. After a brief discussion, it was moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to accept the recommendation of the Assessors and reject the provisions of MGL Chapter 59, section 2D which imposes a supplemental property tax assessment on certain improvements to real estate constructed after January 1"once an occupancy permit is issued for fiscal years that begin oh or after July 1, 2003. A notice of rejection will be submitted to the Department of Revenue. A revised proposal from North East Mass Mosquito Control for ditching and phragmites. control at the Boston Road Landfill/Transfer Station site was approved a presented as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. Chris Burgess representing the Library Trustees spoke about the waiver process and the extra funding requested for the library budget to meet the policy requirements of the Mass Library Board. He noted they had contacted the 35 members of the consortium and had received 32 replies supporting this policy requirement for waivers, Mr. Burgess was thanked for his time. Also speaking in support of the'additional funding for the library were Ruth Lacasse(30 Rolfe's Lane),Jan Loring (166 Hay Street), Margaret Moughan (45 Hay Street),Kathy Dunfee (65 Pearson Drive), Julia Kirst(244 Middle Road) and Mark Schultz(244 Middle Road). All were concerned about losing their borrowing privileges at the Newburyport library and other consortium member libraries if Newbury is de-certified. Kevin Blanchette, Chair of the Finance Committee, advised his committee was working with the trustees on filing the waiver application. He noted that certification has nothing to do with the quality of library services, only the ability to receive grant monies. The consortium made the decision to deny services if certification if lost and the finance committee feels confident that the town will receive a waiver this year,he stated. The Board thanked Kevin and.all who spoke for their time and input. Paul Hargreaves of the NewburyByfield Little League questioned the establishment of a softball field rather than a baseball field at Central Street as promised. Selectman Joy advised that money had run out and suggested the Little League representatives attend the next Recreation Committee meeting and bring this matter to their attention. Selectman Saunders suggested getting a commitment from the Rec. Committee that designates one field for Little League play. He noted that a grass infield would probably not be possible for spring play but a pitchers mound and backstop were in the realm of possibilities. Selectman Joy advised that if the Little League reps feel the Rec. Committee is not cooperative,the BOS would step in to the process. Selectman Saunders updated the Board on his progress with a Town Government Study Committee. He noted he had five persons interested at this point (Richard Bazirgan, John Hartnett, Sue McLeroth, Joe Story and Bill Tolman). Selectman Doyle suggested Dr. Vincent Russo might also be considered and he would like to see resumes submitted to the board. Selectman Doyle also noted he might submit he own name for consideration if he did not run next year. A Class II license was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously for The Boston Sports Car Company for a showroom at 78 Hanover Street for used Ferrari and Porsche automobiles. On the recommendation of the Council on Aging Board of Directors, Karen Mansur was appointed as Director of the Council on Aging to replace Alix McArdle, as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A letter of appreciation will be sent to Alix for her years of service. It is with deep regret that we write this letter, noted the Board. The meeting was adjourned at 8:30 p.m. as moved by Selectman Doyle and seconded by Selectman Saunders. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING OCTOBER 28, 2003 Chairman Joy opened the meeting at 7:00 p.m Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the October 1.4 meeting were read and accepted as presented as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. Speed regulation#7842 for Middle Road was briefly discussed. Chief Merry explained the process of applying to the State for a change in a speed limit and noted the limits set by the State can either be accepted by the Town or voted down but cannot be changed or amended. The Town cannot set a speed limit. Chief Merry recommended acceptance of this regulation. Selectman Joy read the regulation as presented by the State and a motion was made by Selectman Doyle and seconded by Selectman Saunders to accept. The matter was open to discussion. Tom Howard(65 Middle Road),John Gallant(5 Middle Road) and Janice Irving (7 Middle Road) all spoke of the need of signage and enforcement of a speed limit on this road. While they disagreed with the limits set by the State,they all felt it could only be an improvement if enforced diligently. Speed regulation#7842 was accepted by a unanimous vote of the Board. A request from Cub Scout Pack 44 for use of the Kent Way fields for toy rocket launch some time in November was approved by the Board as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. The Class II License for The Boston Sports Car Company approved at the October 14t` meeting was signed by the Board. At 7:25 p.m. a five minute recess was called. At 7:30 the meeting was reconvened and the legal notice for a public hearing for tax classification for FY04 was read by Selectman Joy. Budd Kelley, Chair of the Board of Assessors advised that his Board was unable to present their recommendations as all the information needed had not been compiled to date. He requested a continuance of the hearing to the next Selectmen's meeting on November 2501. The hearing was continued to 11/25/03 as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. The meeting was adjourned at 7:35 p.m. as moved by Selectman Doyle and seconded by Selectman Saunders. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING NOVEMBER 17, 2003 . Chairman Richard Joy opened the meeting at 7:55 p.m. Selectmen Michael Doyle and Bruce Saunders were present. Chairman Joy asked for a motion to enter into executive session jointly with the Board of Health to discuss strategy with respect to ongoing litigation with JRM. It was moved by Selectman Doyle to enter into executive session, seconded by Selectman Saunders. A roll call vote was taken with the following results: Selectman Doyle-yes, Selectman Saunders-yes, Selectman Joy-yes. Chairman Joy announced that the meeting would not reconvene in open session at the conclusion of the executive session. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN MEETING NOVEMBER 25, 2003 Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The minutes of the October 28d'and November 17d`meetings were read and accepted as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. Chair of the Board of Assessors, Budd Kelley,requested a second continuation of the tax classification hearing originally scheduled for the October 28d'meeting. It was moved by Selectman Doyle and seconded by Selectman Saunders to continue the hearing to the December 9d`meeting. Mr. Kelley thanked the Board and the citizens for their understanding. A contract was signed for Judy Tyman who replaced Betsy Ware as the Planning Board Consultant. A request from Ben Sylvanowitz of D&J Liquors asking to extend their Sunday hours from 12 noon to 8 p.m. to 12 noon to 9 p.m. to coincide with their regular closing hours was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. At 7:10 p.m. Senator Bruce Tarr was welcomed to the meeting., Senator Tarr updated the Board on his work as an intermediary with DEP and Mass Highway concerning activities at JRM on Newburyport Turnpike. The two points being investigated are 1)a curb cut permit from Mass Highway and 2) environmental conditions at the site and getting DEP involved in inspections. Site visits have been made and violations noted, especially the presence of white goods and over-nighting. Senator Tarr suggested the Board of Health also make regular visits to further enforcement action. Senator Tarr noted he had spoken with the owner, Jim Motzkin and Mr. Motzkin laid out his plans for the future of the property,,which he hopes can be worked out with the town and state agencies. Senator Tarr advised he would follow up with Mass Highway regarding the curb cut issue and continue his commitment to the town. He was thanked for his time and work on behalf of the community. License/permit fees for 200.4 were reviewed and approved.as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A letter of denial from Mass Highway for a traffic signal at the intersection of Hanover Street and Rte. 1 was briefly discussed with Chief Merry. The Chief advised he would be meeting with Mike Karas, engineer from Mass Highway on Tuesday, December 2nd to discuss lane markings and signage. Chief Merry suggested if the Board wished to pursue this matter,they should work through Representative Stanley and Senator Tarr. '1 APPOINTMENTS TO A SUB-COMMITTEE REPORTING TO THE BOARD OF SELECTMEN UNDER THE NAME OF TOWN GOVERNMENT STUDY COMMITTEE MEMBERS (voting) Richard Bazirgan John Hartnett Dr. Vincent Russo Joe Story Dan Valianti ALTERNATE MEMBERS (non-voting) Sue McLeroth William "Howie" Tolman Appointments approved by majority vote at the Selectmen's meeting held on November 25, 2003. : Liquor license renewals were reviewed and approved as moved by Selectman Doyle and 345 seconded by Selectman Saunders for the following establishments: Village Diner/Pub, Oldtown Country Club, Comer Cupboard, D&J Liquors, PJ's, Dick's Variety, Mr. Moe's, Byfield General Store,Atty. Mays Beachcomber, Newbury Convenience, JR's 19`"Hole and the Plum Island Grille Inc. A"payment of claims" rider for the firefighters accident and sickness policy was signed by the Board. The Board approved the purchase of two glass cases for posting meeting notices at town hall and five sign boards. Selectman Doyle will handle the ordering and placement of the cases when received. Recommendations for the "town government study committee" were made by Selectman Saunders. Five voting members and two alternate non-voting members were recommended to maintain the continuity of the task at hand, This committee will be under the direction of the Board of Selectmen and subject to all open meeting laws, Saunders stated. Selectman Saunders moved to approve the appointments as submitted. Selectman Doyle noted that there was no one on the list from Byfield, no newcomers and he objected to Sue McLeroth as an alternate member. The motion was seconded by Selectman Joy and a vote taken. Selectmen Joy and Saunders voted to approve.the list as submitted, Selectman Doyle voted no as he felt he could support only the five members and not the two alternates. A press release from the Mass Town Clerks Assoc.recognizing Donna Stefanile's qualification as a certified Mass Town Clerk was read by Chairman Joy and congratulations were extended to Donna for her achievement. It was moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously to extend the Thanksgiving holiday through Friday for town workers. It was moved by Selectman Doyle and seconded by Selectman Saunders to accept the recommendation of the COA Director, Karen Mansur to re-write job descriptions for their staff positions thereby creating a new staff position. No additional funding is required to attain this re-structuring: A letter from the Division of Marine Fisheries announcing the conditional re-opening of the Merrimack River Clam Flats was read by Chairman Joy. An E-mail concerning the possible elimination of the state's recycling program due to budget cuts was discussed briefly. Selectman Doyle recommended the Selectmen write a letter to the state in support of maintaining a recycling budget for staff to work with communities as a resource, seconded by Selectman Saunders and voted unanimously. The Board asked that persons interested in serving on a"cable committee" to negotiate our upcoming contract with Comcast, submit their names to the office for consideration. Selectman Doyle advised that in discussions with John Donovan of CDM it was stated that if the water/sewer project goes over budget the whole town will be responsible for payment of the overage. Selectmen Joy and Saunders stated it was their understanding that all costs would be paid by betterments charged to P.I. residents only. It was agreed they would further investigate this question. The meeting was adjourned at 8:10 p.m. as moved by Selectman Saunders and seconded by Selectman Doyle. Respectfully submitted, Kathleen Sirois, Secretary J; 347 SELECTMEN'S MEETING DECEMBER 9,2003 Chairman Joy opened the meeting at 7:55 p.m. Selectmen Michael Doyle and Bruce Saunders were present. The public hearing for tax classification, continued from the October 28 h meeting; was opened. Budd Kelley, Chairman of the Board of Assessors recommended a single tier tax rate as in the past as only about 3%of the town's properties are zoned commercial or industrial. The Assessors also advised they did not recommend the residential exemption or the small commercial exemption. Mr. Kelley noted the projected tax rate is $8.,63 but this rate has not yet been certified by Boston. A motion was made by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to accept the recommendation of the Board of Assessors. Mr. Kelly was thanked for his presentation. The minutes of the November 25th meeting were read and accepted as amended as moved by Selectman Doyle and seconded by Selectman Saunders. The amendment requested by Selectman Doyle was to add his discussion concerning who would pay for overruns on the water/sewer project. Selectman Doyle stated he was advised by John Donovan of CDM that if the project goes over budget,the whole town would be liable for the extra costs. Selectman Joy stated he checked with the P.I. Project Coordinator, George Gustafson and he believed it would be paid thru betterments by.only the P.I. residents. Bruce Saunders also stated that according to all documents he had seen, all costs would be borne by P.I. residents. BOH Chair Alba Gouldthorpe said she spoke with CDM at a recent meeting in Boston and was also told all costs would be borne by the residents of P.I. Selectman Joy suggested they try to get a definitive answer to this question to clarify the matter. Christmas on the Green was approved by the Board. The festivities will be held Sunday December 14`" starting at 3 p.m. The Christmas holiday schedule for town employees was approved as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. Town Hall will close Wednesday(12/24) at noon and remain closed Thursday(12/25) and Friday (12/26). Selectman Doyle moved to retain the BOS meeting scheduled for Tuesday, December 23`d as posted. Should there be no business before the board,the meeting will be cancelled prior to that evening, The motion was seconded by Selectman Saunders. General business license renewals were approved for the following as moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously- Mad Martha's; Stor-U-Self Self Storage, Roots to Wings Yoga Studio, Pheasant Meadow Farm,Newbury Butchery, Haven II, Steve's Service, Sadie's for Hair, Henry C. Becker, The Quilted Acorn Shoppe, Precision Automotive Restoration Inc., Atty. May's, Atty. May's Beachcomber, Longfellow Hill Beauty Shop,Newbury Gallery, Olde Newbury Boat Co., Pearson Hardware,P.I.T.A.,Tolman Automotive, Wilco Marine Restorations, Checkoway Oil Company, Bill's Auto Repair, A.L. Prime Energy, Fernald's Marine, Colonial Coiffures, Wheelhouse Parking, Surfland Bait &Tackle Shop, Byfield General Store, Robert E. Carleton, Karen's Dog Grooming of P.I., and Noyes Citgo. Class II license renewals were approved for the following as moved by Selectmen Doyle, seconded by Selectman Saunders and voted unanimously- Special Interest Autos of Newburyport, US #1 Auto Marine, and Highline Auto. Selectman Doyle updated the Board on the work being done by the Solid Waste & Recycling Committee. They are currently working on ticketing and fees for white goods, large items, TV's, monitors etc. The committee has questioned whether this matter should be a BOS or BOH issue. Selectman Joy suggested a joint meeting when construction on the transfer station begins and these matter can then be worked out, Alba Gouldthorpe, Chair of the BOH asked who was currently on the Solid Waste Committee and she advised that during the BOH meeting with DEP on December 2nd, Mr. Carrigan of DEP complained that a member of this committee had been calling him at his home even on Sundays. Mr. Carrigan advised that this takes valuable time away from the review and approval of the TS project. Selectman Doyle asked for a name and Alba refused to give that information during a public meeting. 349 A request from Atty. May's Beachcomber for a one-day entertainment license.for New Year's Eve and the extension of her operating hours and liquor license to 2 am. on New Year's Eve was granted as moved by Selectman Doyle and seconded by Selectman Saunders: A request from the Village Diner&Pub to extend operating hours to 1:30 a.m. and their liquor license to 1:00 a.n on New Year's Eve was granted as moved by Selectman Doyle and seconded by Selectman Saunders. Permission for a 2-3 piece band for their New Year's Eve celebration was also approved. On the recommendation of Chief Merry, Stephen Jenkins was appointed as a part-time civilian dispatcher as moved by Selectman Saunders, seconded by Selectman Doyle and voted unanimously. Treasurer,Jim Cashman advised that bids had been accepted today to renew our bond anticipation notes in the amount of.$2,263,000. The bid was awarded to Soverign Securities Corp. LLC at a net interest rate of 1.1945%. This temporary borrowing will provide monies for the water/sewer project, a portion of the recreation fields and the first $100K for the start of the transfer station project. Clerk,Michael Doyle read and certified the official vote for the BAN. The meeting was adjourned at 8:20 p.m. as moved by Selectman Doyle and seconded by Selectman Saunders: Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN'S MEETING JANUARY.13, 2004 The meeting was opened at 7:00 p.m. by Chair Richard Joy. Selectman Michael Doyle was present. Selectman Bruce Saunders was absent. The minutes of the December 9 h meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. The legal notice for a public hearing relative to the layout and acceptance of public ways for the limited purpose of constructing, installing and maintaining a common sewer system and municipal water system and related improvements was read by Selectman Joy as well as a recommendation from the Planning.Board that the Selectmen approve these, plans.. George Gustafson, P.I.P.C. explained the background of the need for acceptance of the roads listed. He advised that notices had been sent to abutters and the legal notice . had been published in the News December 29`h and January 5 h as required. It was moved by Selectman Doyle to approve the layout and acceptance of the roads as listed and seconded by Selectmen Joy. The motion was opened to discussion or comments. Peter Murphy, owner of lot UO2-45 asked for a delay in the vote until the next meeting to allow him time to confer with his attorney. Steve Mangion of 10 Street noted that while he supported the motion before the Selectmen,at the Planning Board hearing the possibility of some land surveys being conducted prior to laying any lines was discussed. There being no other comments or discussions, Selectman Doyle moved to table the vote until the next meeting to allow Mr. Murphy time to contact his attorney, seconded by Selectman Joy and voted unanimously. License renewals were reviewed and approved for the following as moved by Selectman Doyle and seconded by Selectman Joy- General business: Norbeck Sterling, Leonard's Parking Lot,P.I. Grille Inc., Byfield Trading Co., Applied Automotive Technology, AGJ Woodcrafting& Woodworking,Newbury Convenience Store, PJ's,Tendercrop Farms, Mae Atkinson Antiques, Riverfront Marine.Sports, A Newbury Setting, Dick's Variety, Parker River Trading Post,Lexa's Day Spa, High Tail .Acres, Detailz Unlimited, Twelve Rogers Lane Antiques, Candy L.Way-Foster,Reeves Automation, Adelynrood 351 Conference and Retreat Center, Deb's Place, Mr.Moe's, BD Automotive, Josette's Adz & Loom,Diamond Marine, Volpone Towing, Olde Byfield Expo Tea Room, International Antique Mart, Schneller's, Art&Camera, Kym's Romp &Roll Doggie Playground, Bob Lobster, Williamson Parking Lot,Plum IslandEnterprises, Main Street Mini Mart& D&J Liquors,Milestone 35,Village Diner/Pub, D.J. Mac's, German Autosport. Class II: Angie's Service Station, Boston Sports Car Co., Corvette Center,AEL Trailer Sales, Olde Byfield Management, ;Supply Inc. A Class III license for Newbury Auto Sales was tabled by Selectman Qyle, seconded by Selectman Joy until reviewed by Counsel. A new license for allant Pool.&Spa Inc..@ 96 Newburyport Tpke. was approved as moved by Select Doyle and seconded by Selectman Joy. Selectman Doyle addressed'a' letter received from'DPW Director Tim Leonard regarding plowing and the siting of mailboxes. As roads must be plowed full width for public safety it was suggested that mailboxes should be.placed off the edge of the road and on owner's property. Selectman Doyle noted that most lots do not run to the edge of the pavement. The Town owns a buffer on each side of the paved way. A copy of the letter will be posted on the bulletin board for residents to review. It was moved by Selectman Doyle and seconded by Selectman Joy to ask that boxes be moved off town ways. James Gormley of High Road, in response to a statement made at the last meeting by BOH Chair Alba Gouldthorpe,read a letter he had received from John Carrigan of DEP stating that the permitting of the transfer station was proceeding in a regular time frame and no delays resulted from the calls received from Mr. Gormley regarding JRM. The rumor about Gormley's replacement on the Solid Waste Committee was put to rest as Selectman Joy noted that appointments would not be made again until July 1'and there had been no conversations regarding who would be on that committee. On the recommendation of Chief Merry the following promotions within the police department were made as moved by Selectman Doyle, seconded by Selectman Joy and voted unanimously: Lawrence Kent&Patricia Gallagher, fulltime student officers and Michael Reilly, Lieutenant. The "regulations for the clam industry and taking of seaworms" for April 2004 to April 2005 were reviewed and approved as moved by Selectman Doyle and seconded by Selectman Joy. The meeting was adjourned at 7:32 p.m. on a motion by Selectman Doyle; seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN'S MEETING JANUARY 27, 2004 The meeting was opened at 7:05 p.m. by Chair Richard Joy. Selectman Michael Doyle was present. Selectman Bruce Saunders was absent. The minutes of the January 13th meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. r The legal notice for a pole hearing, Mass Electric Plan#669, dated 12/30/03 was read by Selectman Joy. John Butler of Mass Electric advised that this petition for a pole on P.I. Turnpike was at the request of Mass Highway who will be abandoning their underground service for above ground service in this location. It was moved by Selectman Doyle and seconded by Selectman Joy to approve the petition as presented. 355 In accordance with Section 10, Chapter 103 of the Acts of 2003,the Selectmen approved the layout and acceptance of the following public ways for the limited purpose of constructing, installing and maintaining a common sewer system and municipal water system and related improvements: 1. An unnamed road off Old Point Road between I Oh Street and Macleod Avenue for a distance of 160 feet from the centerline of Old Point Rd. 2. An unnamed road off 20a' Street for a distance of 100"feet on a motion by Selectman Doyle, seconded by Selectman Joy and voted unanimously. Licenses were renewed for Express Auto @ 61 Main Street and Poor Richard's Barn @ 2 Newman Road as moved by Selectman Doyle and seconded by Selectman Joy. A one-day special permit for the sale of alcoholic beverages was approved for Protection Fire Co. #2 for Saturday, March 13"from 6 p.m. to 9 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. The permit fee was waived. A one-day special permit for the sale of alcoholic beverages was approved.for Anna Jaques Hospital Aid Association for Great Chefs Night at GDA on Friday, March 12th from 6 p.m. to 12 midnight as moved by Selectman Doyle and seconded by Selectman Joy. The warrant for the State Presidential Primary Election to be held March 2, 2004 was signed by the Selectmen and will be posted by a Constable.. The meeting was adjourned at 7:25 as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN'S MEETING FEBRUARY 10, 2004 Chairman Joy opened the meeting at 7:00 p.m. Selectman Michael Dole was present. Selectman Bruce Saunders was absent. The minutes of the January 27 meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. The renewal of a memorandum of understanding for the joint operation of a regional , animal shelter with Newburyport and Rowley was reviewed and signed by the Selectmen ' on a motion by Selectman Doyle, seconded by Selectman Joy. A request from the Byfield/Newbury Baseball League for use of the Upper Green ball field during April, May and June on Mondays, Wednesdays and Fridays from 5 p.m. to dusk and weekend afternoons from 12 noon to 5 p.m:_was approved as moved by Selectman Doyle and seconded by Selectman Joy. t On the recommendation of the Recreation Committee a fee schedule for use of the Central Street fields was reviewed and approved as moved by Selectman Doyle and seconded by Selectman Joy. The fee schedule is as follows: Triton Youth Organizations $20/player/season Triton Adult Organizations $20/game For Profit Organizations $100/field/2hr. block One Time Use To be determined individually Non Profit Organizations To be determined individually All fees collected are to be used for the maintenance and improvements of the fields. 557 A letter from Chief Merry advised that during recent alcoholic beverage checks,two stores (Dick's Variety and Comer Cupboard) failed. As this is a first time for each establishment, he.recommended a verbal warning followed up by a letter from the licensing authority. It was moved by Selectman Doyle and seconded by Selectman Joy to accept the Chief s recommendation.. On the recommendation of Chief Merry,Jim Gately was appointed as Newbury Dare Officer as moved by Selectman Doyle and seconded by Selectman Joy. A request from Dr. &Mrs. Day of 15 Fordham Way to install underground utilities was discussed. George Gustafson, P.I.P.C. for the P.I. Water/Sewer Project stated he was not opposed to the request but it would be at the owners peril and expense when the water/sewer lines are put in place. Selectman Joy noted that a layout of the service and a hold and harmless agreement would have to be in place prior to final approval. Selectman Doyle moved to table the request until plans and an agreement are received from the owners, seconded by Selectman Joy. The following persons were appointed to the Cable TV Advisory Committee on a motion by Selectman Doyle, seconded by Selectman Joy: Jon Foley, Jim Newton, Worthen Taylor III, Doug Packer and Jim Gormley. Selectmen Doyle questioned the.Triton budget and suggested Dr.Murphy be invited to attend the next Selectmen's meeting. Selectman Joy stated he would try to set up a meeting with Dr.Murphy, the Selectmen and the Finance Committee at the first opportunity they are available. Selectman Doyle questioned GDA's tax free status, especially concerning the golf course and the number of students schooled by the town. He suggested these issues be brought to the table with input provided by the school on these matters. The meeting was adjourned at 7:25 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING FEBRUARY 24, 2004 Chairman Joy opened the meeting at 7:05 p.m. Selectman Michael Doyle was present. A minute of silence in memory of Bruce Saunders was called by Chairman Joy.. The minutes of the February l 0'meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. The vacancy on the Board of Selectmen was announced and papers are available at the Town Clerk's Office for this position. A new application for a Class II License to buy& sell second hand vehicles for Jeff Greenwood d/b/a Diamond Marine @ 6 Newburyport Tpke. was reviewed. Mr. Greenwood briefly described his business and plans. The license with a restriction of a maximum of six vehicles on display at any time was approved as moved by Selectman Doyle and seconded by Selectman Joy. A request from the Newbury Clammers Softball League for use of the Upper Green ball field on Tuesday and Thursday evenings from 5:30 p.m. to dusk April through September was approved as moved by Selectman Doyle and seconded by Selectman.Joy. 359 Selectman Doyle asked that a meeting be set up with the Finance Committee to discuss budgetary priorities for submittal to Senator Tarr's office. It was moved by Selectman Doyle and seconded by Selectman Joy to enroll the town in S.T.A.R. (Stand Together Act Responsibly) at a cost of$25 per year. Selectman Doyle will review the package provided by Jerry Klima a member of the.Board of Directors of S.T.A.R. Selectman Joy announced that the warrant for the Annual Town Meeting was officially open. It will close to petition articles on March 23`d A letter from the Town Clerk requesting pay increases for poll workers was reviewed and approved as moved by Selectman Doyle and seconded by Selectman Joy. At 7:25 p.m. it was moved by Selectman Doyle and seconded by Selectman Joy to enter into executive session to discuss ongoing litigation. A roll call vote was taken: Doyle, yes and Joy, yes. Selectman Joy announced that the board would not reconvene in open session. The meeting was adjourned to executive session at 7:25 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois; Secretary BOARD OF SELECTMEN MARCH 2, 2004 The meeting was opened at 6:00 p.m. by Chair Richard Joy. Selectman Michael Doyle was in attendance. Selectman Joy asked for a motion to convene in executive session to discuss ongoing litigation with JRM. Selectman Doyle moved to convene in executive session, seconded by Selectman Joy and voted unanimously. A role call vote was taken. Selectman Doyle, yes; Selectman Joy, yes. Selectman Joy announced that the meeting would not reconvene in open session at the close of the executive session. Respectfully submitted, Kathleen Sirois, Secretary R 3�61 SELECTMEN'S MEETING MARCH 23, 2004 Chairman Joy opened the meeting at 7:00 p.m. Selectman Michael Doyle was present. The minutes of the February 241h and March 2nd meetings were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. It was moved by Selectman Doyle and seconded by.Selectman Joy to approve the conveyance of the grant of the restrictive covenant and conservation restriction for lands (known as Colby Village) as described within each document, in accordance with M.G.L. 6.40, section 8c. It was moved by Selectman Doyle and seconded by Selectman Joy to accept the rate proposal from MIIA for health and dental insurance for FY05. The proposal assumes a rate increase of 2% for medical plans and 3%for dental plans. The nomination of Deborah Knight as Inspector of Animals and.Carol Larocque as. Assistant Inspector of Animals was approved as moved by Selectman Doyle and seconded by Selectman Joy. License renewals were approved for Pert Lowell Co. Inc., Lanes End and Buddy's Books, 152 High Road on a motion by Selectman Doyle, seconded by Selectman Joy. Paul Ivaska, representative of Fr. Sears Memorial Park Advisory Committee reported on their work to date. He requested permission to post notices around town asking for input from the residents for designs for the park. The Board had no objections to this posting. A proposal from Troy Carr, abutter, for the purchase of a small piece of the park land was briefly discussed. Selectman Joy suggested the Selectmen meet with the Committee to review this proposal. Mr. Ivaska was thanked for his time and input. The Selectmen acknowledged the receipt of a notice of sale for the Kozazcki properties on Parker Street as required under Ch.61 A, section 14 on a motion by Selectman Joy, seconded by Selectman Doyle. It was moved by Selectman Doyle and seconded by Selectman Joy to take this notice under advisement in order to confer with Counsel. John Hartnett of the Government Study Committee recommended that Howie Tolman, Sue McLeroth and Richard Passeri be appointed as regular voting members of the committee rather than alternates. This recommendation was accepted as moved by Selectman Doyle, seconded by Selectman Joy and.voted unanimously. On the recommendation of the COA Board of Directors the following persons were appointed as moved by Selectman Doyle and seconded by Selectman Joy to form a "Senior Center Building Committee": - Karen Mansur, Steve Wetherbee, Karen Watson, Evelyn Noyes, John Salter, Richard Passeri and Joyce Davis. On a motion by Selectman Doyle, seconded by Selectman Joy, Ron Garand was appointed to the Cable TV Advisory Committee. The meeting was adjourned at 7:20 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary 363 SELECTMEN'S MEETING APRIL 7, 2004 Chairman Joy opened the meeting at 7:03 p.m. Selectman Michael Doyle was present. The minutes of the March 23`d meeting were read and accepted as moved by Selectman Doyle and seconded by Selectman Joy. The Board acknowledged the receipt of the annual license fees from Comcast for 2003 and voted to accept a check in the amount of$1200.50 as moved by Selectman Doyle and seconded by Selectman Joy. At the request of the Town Clerk, Harry Fish was re-appointed to the Board of Registrars for the three year term as moved by Selectman Doyle, seconded by Selectman Joy and voted unanimously. A request from Boy Scout Troop#44 for use of the Woodbridge School area for a yard sale on Saturday, May 8`"was approved as moved by Selectman Doyle, seconded by Selectman Joy and voted unanimously. A request from the Newburyport Art Association fo hang a banner advertising their Yd Annual Art Auction on May 17`h on the Upper Green back stop was approved as moved by Selectman Doyle and seconded by Selectman Joy. A request from the Plum Island Surfcasters Juniors for use of the Upper Green pond and field to conduct their annual fly and surf casting clinic on May 151h from 9 a.m. to 1 p.m was approved as moved by Selectman Doyle and seconded by Selectman Joy. On a motion by Selectman Doyle, seconded by Selectman Joy it was voted unanimously not to accept the following question for the ballot for the May I Ph election: Shall the Town of Newbury be allowed to assess an additional$81,730.00 in real estate and personal property taxes for the purpose of funding the operating budget of the Newbury Town Library for the fiscal year beginning July 1, 2004. Selectman Doyle advised that at the Finance Committee meeting Tuesday evening,the Finance Committee had voted unanimously not to support this article/ballot question. On a motion by Selectman Doyle, seconded by Selectman Joy it was voted unanimously to place the following question on the ballot for the May I Ith election. Shall the Town of Newbury be allowed to asses an additional $595,000.00 in real estate and personal property taxes for the purpose of funding the operating budget of the Town,the Triton Regional School District assessment, and the Whittier Regional Vocational Technical High School District assessment for the fiscal year beginning July 1, 2004. Selectman Doyle advised that he would be submitting a warrant article for town meeting to establish a study committee for the purpose of determining the feasibility of establishing a joint(regional) library to serve the towns of Newbury and Georgetown. The exact wording of this article is to be determined. The meeting was adjourned at 8:12 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary 365 SELECTMEN'S MEETING APRIL 13, 2004 Chairman Joy-opened the meeting at 7:02 p.m. Selectman Michael Doyle was present. The minutes of the April 7th meeting were read and approved as moved by Selectman Doyle and seconded by Selectman Joy. George Gustafson, P.I.P.C. of the P.I. Water/Sewer Project addressed the Board regarding certification of an"authority to file" for both the sewer collection system and water distribution system and related facilities. Selectman Doyle moved to authorize the Chairman of the Board of Selectman on behalf of the Applicant to file applications and execute agreements for grant and/or loan assistance as well as furnishing such information, data, and documents pertaining to the applicant for a grant(s)and/or loan(s) as may be required;and otherwise to act as the authorized representative of the Applicant in connection with these applications for both the sewer collection system and water distribution system and related facilities. This motion was seconded by Selectman Joy and voted unanimously. The Town Clerk will certify that Richard Joy is the present Chair of the Board of Selectmen. At 7:15 p.m. a pole hearing for Mass Electric's plan#670, dated 2/18/04 was called to order. John Butler, representative of Mass Electric, advised that the petition was to install eight new poles on Boston Road to accommodate service to the new transfer station site. Selectman Joy noted that the Town was having problems with Mass Electric regarding pricing for the three phase service proposed for the transfer station. The Selectmen asked Mr. Butler is he could supply names of the persons in engineering and customer service for the town so that a meeting could be arranged for further negotiations. Mr. Butler agreed to provide the office with contacts. It was moved by Selectman Doyle and seconded by Selectman Joy to table plan#670 until an agreement can be reached with Mass Electric. Martin Chatterton addressed the Board on behalf of the Little League. He explained about their fundraising and the improvements they wished to make to the field on Lunt Street. The first project being to erect four light poles. Opposition was raised by the former owners, Cynthia and Jim Mackay.. Selectman Joy advised that the Little League committee should first present their plans to the Recreation Committee for their recommendations. Selectmen Joy and Doyle also suggested that the Mackays meet with their counsel and Jim Lagoulis(Town Counsel)to further research the P&S agreement and deed for this property in question. Work on the lights will be stopped until a decision is reached by Counsel. Both Selectmen agreed they would like to see the parties come together to find a workable solution. An agricultural license for the haying of two fields in the parcel known as Great Meadow Farm was approved by the Selectmen as moved by Selectman Doyle and seconded by Selectman Joy. A request from the Parker River Clean Water Association to hang a banner on the Upper Green back stop advertising a day-long event called "Celebrate Biodiversity"was approved as moved by Selectman Doyle and seconded by Selectman Joy. On the recommendation of Chief Merry, Daniel A. Cena was appointed as a full time police officer contingent on receipt of grant funds from UHP. This was moved by Selectman Doyle and seconded by Selectman Joy. The warrant for the annual town meeting which is to be held on April 27`h was reviewed and signed by the Selectmen. The meeting was adjourned at 8:00 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary 367 . SELECTMEN'S MEETING APRIL 27, 2004 Chairman Joy.opened the meeting at.6:30 p.m. in the NES auditorium. Selectman Michael Doyle was present. This meeting was called to address lights on the Pearson ball field for Little League night games,their season having begun. Selectman Doyle made a motion that the Newbury Board of Selectmen approve the installation and use of lights at the Pearson Ballfield on Lunt Street, Byfield, and it is the desire of the Board of Selectmen that all parties strive to end all activities by 9:00 p.m. Bearing in mind the health and safety of the children, all lighting will terminate no later than 9:30 p.m. Failure to adhere to this motion could result in revocation of the use of lights. Should a special occasion arise,the Selectmen may grant a waiver of the above regulation. This motion was moved by Selectman Doyle, seconded by Selectman Joy and voted unanimously. The Byfield/Newbury Baseball League Committee submitted to the Selectmen a night game schedule showing six games in May and two in June. They noted that this schedule, however,does not take into consideration possible rain dates or re-scheduled games. There being no other discussions or business before the board,the meeting was adjourned at 6:37 p.m. as moved by Selectman Doyle and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN'S MEETING . MAY 21, 2004 The meeting was called to order at 9:0.5 a.m.by Selectman Joy. Vincent Russo and Charles Bear were welcomed to the:Board. On a motion by Selectman Bear, Selectman Russo was nominated as Chair, seconded by Selectman Joy and voted unanimously. On a motion by Selectman Russo, Selectman Joy was nominated as Clerk of the Board, seconded by Selectman Bear and voted unanimously. Warren Manter, Chair of the Recreation Committee, addressed the Board.briefly regarding the Recreation Committee and the Central Street fields. Joseph Kennedy was mentioned as a possible new member of the playground committee... .It was.suggested that -Mr. Kennedy submit a letter of interest to the Selectmen for their consideration. Irrigation, seeding and maintenance of the fields,trash receptacles and the signs for.the playing fields were discussed: It was agreed that in order to clarify the signs for the public,the wording "on the playing fields"would be added to. "no dogs.allowed". Pooper scooper signs will be posted at the end of the runway and along the river/marsh, where animals are allowed. Mr. Manter suggested an additional sign be posted showing the location of the fields and noting whether they are open or closed. He also advised that he had been approached with a request for use of the fields by Circus Smircus, a children'"s circus for the benefit of Theater in the Open(Newburyport). The circus proposed setting up a large tent on the field on August3"d for shows on the 4d`and`5d': It was unanimously decided by the Board not to allow this type of activity at this time as the grass is newly established and no event guidelines or fees have been established. The meeting was adjourned at 9:45 a.m. as moved by Selectman Russo and seconded by -Selectman Bear. Respectfully submitted, Kathleen Sirois, Secretary F 369 SELECTMEN'S MEETING MAY25, 2004 Chairman Russo opened the meeting at 7:05 p.m. Selectmen Richard Joy and Charles Bear were present. A request for a one-day special permit for the sale of alcoholic beverages for a Governor Dummer Academy reunion on Saturday, June 12, 2004 from 12 noon to 12 midnight was approved as moved by Selectman Joy, seconded by Selectman.Bear,and voted unanimously. Jackie and William Prizer of 29 Southern Blvd. addressed the Board concerning a proposed purchase/transfer of a.triangular sliver of town land that is currently encroached upon by their parking area and leach field. The Board unanimously agreed they had no problem with this proposal but it would need to go the town meeting for a vote of the residents. The Prizers will be advised of the documentation necessary to_move-forward with this proposal. At 7:15 p.m. the public hearing was opened for the transfer of a"wine and malt— package store"license from PJ's to Turquoise, LLC d/b/a PJ's Variety Store. Attorney O'Flaherty representing the owner of Turquoise, Jeanne Geiger, advised that the operation of the business would remain the same. Bonnie Roberts who was in attendance would be the manager of the store. Ms. Roberts is experienced in the food service business. The fmal sale of the property is contingent on the transfer of this license, which must be approved by ABCC if the town grants the transfer. Ms. McNeal has held this package store license for approximately thirty years. Selectman Joy moved to grant the transfer, seconded by Selectman Bear and as there was no further discussion, voted unanimously. Zoning amendments from the Planning Board were accepted for the STM warrant and returned to the Planning Board for final public hearings. Chairman Russo advised that the Board would hear persons wishing to speak relative to the Lunt Street-ball-field lights. He would allow approximately 20 minutes and asked that the individuals speak one at a time with no interruptions and state their name and address. A petition of one hundred signatures against the lights on the Little League field was submitted to the Board. Speaking against the lights were John Ashton and Virginia Hallman,2 Lunt Street; Betty Bear Collins,Newburyport;Lois Anderson, 31 Riverview Drive; Andy Hawley, 69 Central Street; Linda and Arthur Allen, 103 Central Street; Ann Brown, 2 Lenway Road; James and Cynthia Mackay, 48 Main Street; Joanne Purinton, 36 Main Street,Richard Johnson, 28 Main Street and Nicholas Childs,4 Lunt Street. Speaking in favor of the lights were Bill Keller, 12 Knobb Hill and Greg Thon, 9 Scotland Road. Chairman Russo thanked everyone for coming and expressing their opinions. He noted the town must be patient for the judicial process to run its course. The following persons were appointed as members of the Triton Regional Agreement Review Committee on a motion by Selectman Joy, seconded by Selectman Bear and . voted unanimously—James Cashman, John Matthews, J. Frank Remley, Dave Taylor, Nancy Taylor, Gene Case (alternate from Finance Committee) and Kathleen Spurling, alternate. The warrant for the Special Town Meeting to be held June 22, 2004 was declared open. It will be closed to petition articles June 1". It was noted by Dick Cunningham that the warrant must be-posted fourteen day prior to the meeting. The minutes of the May 21"meeting were read and approved as moved by Selectman Joy, seconded by Selectman Bear.and voted unanimously. The meeting was adjourned at 7:55 as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary a 571 SELECTMEN'S MEETING MAY 27, 2004 The meeting was opened at 6:00 p.m. by Chair Vincent Russo. Selectmen Richard Joy and Charles Bear were present. The legal notice was read for a public hearing on the application of George Gustafson, -Coordinator of the P:I: Water/Sewer'Project for a special permit pursuant to section 97=6J and a finding of fact pursuant to section 97-47.18 of the Newbury Zoning Bylaws, for construction of a vacuum pump station on premises located between Olga Way and Webber's Court(Assessors's Map UO2-171)which is in the Agricultural/Residential District. Tear sheets, letter of denial"from the Building Inspector, certified abutters list and receipts for notices to the abutters were submitted to the board. Mr. Gustafson advised the board of a typo in the documents which states section 97-6J and should read section 97-6I. Mr. Gustafson explained the application for the pumping station and what would-be involved in the construction: He also asked the board to find favorably that the water/sewer system is a"municipal use"owned and operated by the.Town of Newbury pursuant to Newbury Zoning Bylaw section 97=47-18. Questions regarding noise, odor, the generator and filter were fielded from the audience. At the close of discussions, it was moved by Russo, seconded by Selectman Bear and voted unanimously to grant the special permit for the project as presented in accordance with section 97-61 of the Newbury Zoning Bylaws. It was also moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to grant the finding accepting the water/sewer system as a municipal use owned and operated by the Town of Newbury pursuant to section 97-47.18 of the Newbury Zoning Bylaws. Don Finnochio of the Newburyport Water--Commission and George Gustafson also addressed the chlorine booster station designed for town property located on the right side of the bridge entering the island. This station will be a 10'x15' cement structure built into the'side of the banking within the right of way of P.I. Boulevard. The building will house three I I5gallon tanks of bleach and several small pumps. After a brief discussion, it was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to grant permission to construct this chlorine booster station as presented on the submitted plans. - The minutes of the May 25th meeting were read and accepted as moved by Selectman Joy, seconded by Selectman.Bear and voted unanimously. Harbormaster appointments as follows were reviewed and accepted as presented for FY05 as moved-by Selectman Joy, seconded by Selectman Bear and voted unanimously. Chief Harbormaster Glenn Gavin Deputy Hubor raster Michael Burke Lt. Harbormaster Robert Watson Sgt.Harbormaster Harold J. Schwartz Assistant Shannon Haskell Reserves Bradley Frost and Russell Stiles Harbormaster Helper Open Glenn Gavin and Robert Watson addressed the Waterways Rules and Regulations with the Board. Lt. Watson explained the changes requested and noted that these changes would bring our regulations into compliance with state regulations, thereby eliminating contradictions in the law. After a brief discussion it was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to approve the rules and regulations as presented. Glenn, Bob and John were-thanked for their time and input. The meeting was adjourned at 7:25 p.m. as moved by Selectman Russo and seconded by SelectmanBear. Respectfully submitted Kathleen Sirois, Secretary 373 SELECTMEN'S MEETING JUNE 3; 2004 Chairman Russo opened the meeting at 8:15 a.m. Selectmen Richard Joy and Charles Bear were present. The Board discussed re-establishing a Personnel Board. Dr. Russo noted that it should be a-five-member board with one member nominated by the employees of town. A memo will be sent out asking for a list of up to three names for consideration. A few names being considered are John Murphy, Don Bade, and Steve Salvo. It was moved by Selectman Russo,seconded by Selectman Bear and voted unanimously to resurrect the Personnel Board. Suggestions for uses for the Woodbridge School were briefly discussed. Selectman Russo noted that the school building is a town asset that is deteriorating. He asked for permission to research-alternative best uses of the property and to have the property appraised by a certified commercial appraiser.'It was decided by the Board that a committee should be established to investigate alternative uses of the school building and Dr. Russo will notify the residents of town at the-special town meeting of this decision. The Byfield Day parade was discussed. Selectman Russo suggested the Selectmen march in the parade if possible. He also noted that they had been invited to a Little League double header on Friday evening starting at 6 p.m. to view the field under the lights. It was agreed by the board that both the revised IMA and the MOU voted by the Old Town Water District would be included in the warrant to preclude any further questions related to the article asking for approval of the amended IMA. The board approved an article for the warrant which will authorize the Selectmen to sell a small piece of the Fr. Sears.property to abutter,Troy Carr to settle a lot line dispute. The buyer-will be responsible for all closing costs. As both Selectmen Russo and Joy will be out of town for the P.I. Workgroup meeting scheduled for Monday, June 10', Selectman Bear agreed to represent the town. The board announced they would be looking for volunteers for a"375"'Anniversary" committee. Rather than put it in an article, it was decided that Dr. Russo will make an announcement at the special town meeting. The possible purchase of the Kozazcki property under Chapter 61 A was discussed. Counsel will send aletter to the Mayor and'Newburyport Water Commission asking for a definitive answer as to whether or not they have any interest in this purchase. A meeting will also be organized for Dr. Russo to meet with the Mayor. Counsel advised that Mr. Kozazcki is willing to work with the town but does need a show of good faith to continue negotiations. The-Board accepxed one article for the warrant from the Planning Board addressing the OSRD. Judy Tymon advised there are other changes in the works but they will not be ready until the spring meeting. On the recommendation of Chief Merry, the following persons were appointed as lifeguards for the 2004 summer season as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. Emily Antone Richard Conklin Courtney Germaine Chris Germaine Matthew Fonseca Kathryn Koxkowski Cassie Sancartier Bethan Noonan Kerry Sampson-Schena On the recommendation of Chief Merry, Stephen W. May was appointed to the position of ReserveTolice Officer as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. 375 A letter from Judy MacDonald of Hanover Realty Trust requesting permission to change the existing Trucking business at 90 Hanover St.to a non-industrial office building was briefly discussed. Doug Packer advised that from the Conservation Commission's stand point it would-be a good move with less impact to the wetlands but he could foresee the need for special permits from zoning. It was agreed by the Board that.they were wilrmg to work with the MacDonalds but would need a full set of plans and more information including negotiations"regarding the fine levied against the business by the courts., Counsel will advise the MacDonalds of this decision. It was moved by Selectman Joy and seconded by Selectman Russo to designate Selectman Bear as liaison to the Fire Companies and to allow him to investigate through the State Fire Marshall.'.s.office the legality of establishing two fire districts. The meeting was adjourned at l l a.m. as moved by Selectman Joy and seconded by --Selectman Bear. Respectfully submitted; Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 8, 2004 Chairman Russo opened the meeting at 7:15 p.m.. Selectmen Richard Joy and Charles Bear were present. The minutes of the May 271"meeting were read and accepted as moved by Selectman Joy, seconded by Selectman Russo and voted unanimously. The minutes of the June 3rd meeting were read and amended changing the word depreciating to deteriorating in the third paragraph. The minutes as amended were accepted as moved by Selectman Joy, seconded by Selectman Russo and voted unanimously. The warrant for the Special Town Meeting to be held on June 22aa was signed by the Selectmen and will be posted by Constable Richard Cunningham. At 7:25 p.m. a public hearing was held on Mass Electric's plan#671,672,673 dated 4/29/04 to locate poles, wires and fixtures, including necessary sustaining and protecting fixtures, along Boston Road as shown on the plan to supply three-phase power to the new transfer station. Peter Glenn of Massachusetts Electric explained the project and answered questions from the board regarding costs and other options investigated. Nicholas Metcalf and Jim Gormley noted that the land on the south side of Boston Road is conservation land and they would not like to see this pristine expanse interrupted by telephone poles. Mr. Gormley also brought up the need for system upgrades on the Green Street end of Boston Road. The comments were duly noted by the Board and upon. due consideration the plans were approved as presented as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. Mark Friery of the Plum Island Grille addressed the board with a request fora one day entertainment license for Sunday, June 20'`from 5 to 8 p.m. He asked to have a jazz trio play' without amplification, inside the restaurant. It was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to approve the request as there have been no problems in the past. Greg Pugh of Mad Martha's asked the board to consider a proposal to.sell cold drinks, sandwiches and salads from a temporary stand on the ocean side of the property in front of the dunes in the area of 48/50 Northern Blvd. Letters of support from the immediate neighbors at 48 and 50 Northern Blvd. were submitted to the board. Selectman Joy noted that Mr. Pugh would need to speak with the Health Agent about the types of sandwiches and salads he could offer. Chief Merry advised taking the matter under advisement until the other establishments in the vicinity could be polled to see if there were any objections. Selectman Russo noted that a policy needs to be.set for.this type of operation .37 7 and asked Mr. Pugh to hold off until the board could decide on a policy for this proposed plan. On the recommendation of Chief Merry the following persons were appointed to the Northern Essex Regional Local Emergency Planning Committee as moved by Selectman Bear, seconded by Selectman Joy and voted unanimously: Co-Community Coordinators Douglas C. Janvrin, Jr. Dana M. Davis Fire Department Byfield Douglas C. Janvrin, Jr. Newbury Dana M. Davis Police Department. Gregg V. Frappier Public Works(Highway) Timothy A. Leonard, Sr. Emergency Management Roger S. Merry Schools Susan Fallon Town Official Charles D. Bear Conservation Committee Douglas Packer Health Agent Deborah Rogers Health Nurse Judy Anderson, R.N. EMS Coordinators Byfield Fire Scott Morency Newbury Fire Eric Hanson On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously it was agreed that the building permit fee will be waived for the construction of the new fire station on Central Street in Byfield. A request from Sarah Seamens, on behalf of the Girl Scouts,to use the Upper Green for a Girl Scout Ceremony on Friday, June l Ph from 5:30 to 6:30 p.m. was approved as moved by Selectman Joy, seconded by selectman Bear and voted unanimously. The meeting was adjourned at 8:00 p.m. on a motion by Selectman Joy and seconded by Selectman Russo. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JUNE 22, 2004 Chairman Vincent Russo opened the selectmen's meeting at 9:20 p.m.in the NES gymnasium at the close of the Special Town Meeting. Selectmen Richard Joy and Charles Bear were present. Selectman Russo recommended four names for consideration for the Personnel Board— Stephen Salvo, John Murphy, Don Bade and Susan Noyes(employee rep.). It was moved by Selectman Joy and seconded by Selectman Bear to accept the recommendations for the personnel board as presented. A letter from Paul Daubitz, Constable requesting inclusion in the town's health insurance plan was read and the request was postponed indefinitely on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A request from S.P.N.E.A.to hang a banner on the Upper Green back-stop beginning July 2°d to advertise Declaration Days, an annual event at the Little Farm on Little's Lane was approved as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. A letter from William Hickey of 49`h Street was read and discussed. Mr. Hickey requested permission to have a survey of the access way to beach at 49d' Street done with private funds, no cost to the town. He also asked the town to enforce the right of access once surveyed and to deal with any tampering of the markers that may take place. After a brief discussion,.it was moved by Selectman Joy and seconded by Selectman Russo to allow Mr. Hickey to move forward with the survey at his expense to establish the access way to the beach at 49a' Street. The town's responsibility and enforcement procedures will be determined at a later date. Newbury's proposal.for a traffic signal at the intersection of Hanover Street and Rte. 1, which was denied by Mass Highway, was briefly discussed. It was determined that letters would be sent to Representative Stanley and Senator Tarr asking for help in securing funding for the installation of a signal at this location. The meeting was adjourned at 9:45 p.m. on a motion by Selectman Joy, seconded by Selectman Russo. Respectfully submitted; Kathleen T. Sirois, Secretary SELECTMEN'S MEETING JULY 13, 2004 Chairman Vincent Russo opened the meeting at 5:05 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the June 22°d meeting were read and accepted as moved by Selectman Joy and seconded by Selectman Bear. On the recommendation of the Fish Commissioners the clam flats known as Pork Island and Tony's will be open effective immediately and Mud Creek will be closed until further notice, on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A proclamation was read and signed supporting the week of July 17-24, 2004 as'Lead Poisoning Prevention Week". This proclamation will be sent to the Merrimack Valley Lead Poisoning Prevention Program headquarters in Lawrence,MA for a promotional event to be held on July 17a`in Methuen. A request by the North Shore Cyclists bicycle club for use of the Upper Green on Saturday, August 28 h for a 50-mile rest stop on their annual century ride was approved by the Selectmen as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. t3 �1 A request from the Byfield Parish Church for use of the Upper Green on Saturday, September 11�'for family activities during their annual family retreat weekend was approved on a. motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A request from Bert Snow and David Davies of the Coastal Trails Rover Project to site their Coastal Trails Signpost sculpture on the Upper Green on the morning of September 25 h was approved on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Two license transfers.were approved as moved by Selectman Joy and seconded by Selectman Bear—PJ's common victualler, milk and Sunday ice cream licenses were transferred to Turquoise LLC and Kym's Romp &Roll Doggie Playground general business was transferred to Darren Page d/b/a Romp&Roll Doggie Playground. Approval having been received from ABCC,the Package Goods Store Wine&Malt Beverage license for Turquoise LLC d/b/a PJ's Variety Store was signed by the Selectmen. The Board acknowledged receipt of the Refuge revenue sharing check in the amount of $77,592 for FY03. On the recommendation of the Historic Commission,Marcia Peirce and Charles Purinton were appointed as members of the Commission as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. On the recommendation of the Planning Board Joseph Story was appointed to the Board to fill a vacancy created by the resignation of Erich Griebling as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. This appointment will be until the next election in May 2005. The Board approved the establishment of a committee to research future uses of the Woodbridge School. It was moved by Selectman Joy and seconded by Selectman Bear to appoint Tom Clark,Jennifer Tucker,Margaret Albrecht,Debra Cooper,Mike Tamagna and Gregory Cavanaugh to the Woodbridge School Advisory Committee. The Board also approved the establishment of a new Personnel Board. Steve Salvo,Donald Bade,John Murphy, Susan Noyes, Susan Frangipane,Peg Frederickson and Paul Baia were appointed on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Appointment renewals including Police appointments for FY05 were reviewed and approved as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. The list of appointments is on file at the Selectmen's Office. Selectman Bear related a proposal from John Ashton, of 2 Lunt Street,to landscape a small area between his property and the Library parking lot. After a brief discussion,,it was suggested that Mr. Ashton work with the Parks Department as a volunteer which would eliminate liability on the part of the town and keep control of the land within the town.. This decision was moved by Selectman Russo, seconded by Selectman Bear and voted unanimously. A request from Protection Fire Co. 42 to hold a"boot drive" for muscular dystrophy on August 1'and September 5 h from 8a.m. to 4p.m. at the intersections of High Road,Hanover Street and Rolfe's Lane was approved as moved by Selectman Joy,seconded by Selectman Bear and voted unanimously. Protection Fire Co. #2 requested a meeting with the Selectmen and Finance Committee to discuss their 05 budget and the proposed 11%reduction. It was determined that a time would be established with Kevin Blanchette and coordinated with the Fire Co. The Board briefly discussed the coming meeting at Triton with Rowley, Salisbury,the School Committee and our Legislators. It was determined that Newbury's position would be to listen, collect information and ask some pertinent questions. At 6:15 p.m. it was moved by Selectman Joy and seconded by Selectman Bear to recess and reconvene at the meeting at Triton scheduled for 7 p.m. The meeting was adjourned at Triton at 9:25 p.m. on a motion by Selectman Joy, seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Secretary 3 �3 SELECTMEN'S MEETING JULY 16, 2004 Chairman Vincent Russo opened the meeting at 8:07 a.m. Selectmen Richard Joy and Charles Bear were present. The warrant for the State Primary Election to be held on September 14''was signed by the Selectmen and will be posted by a Constable. Chairman Vincent Russo asked if the Board would consider convening in executive session for the purpose of discussing strategy for current ongoing litigation. A motion was made to move to executive session by Selectman Joy and seconded.by Selectman Bear. A roll call vote of the members was taken: Chairman Russo-yes, Selectman Joy- yes and Selectman Bear-yes. Chairman Russo announced that the meeting would reconvene in open session at the close of the executive session. At 8:15 a.m. the Board recessed to convene in executive session with Counsel James Lagoulis. The Board reconvened in open.session at 10 a.m. Chairman Russo noted he was pleased with the new Personnel Board appointments as all members have wide experience in human resources. He asked the Board to consider a bylaw change for the next Town Meeting which would change the Personnel Board from five members to seven members. In the meantime they will work with five members and two alternates. The Selectmen agreed to draw up a warrant article for the next Town Meeting. The Woodbridge School Advisory Committee was also discussed and it was noted that the addition of Greg Cavanaugh places two architects on the committee which should bring about some interesting recommendations. The meeting was,adjourned at 10:15 a.m. on a motion by Chairman Russo, seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING JULY 22, 2004 Chairman Russo opened the meeting at 7:05 p.m. Selectman Charles Bear, OTW Commissioners Bashaw, Story and Walker, Counsel James Lagoulis, Mr. &Mrs. Matt Kozazcki and J. Leonard were present. The meeting was called to further investigate the Parker Street well site. Chairman Russo opened the floor to Matt Kozazcki. Matt advised that they had a serious buyer for the well and he needed a definite yes or no from the Town. He presented a proposal to personally hold a mortgage on the site with yearly/monthly payments from the town until such time as the well goes on line. If the well should go bad he would take it back with no strings. The well is expected to yield approximately 500,000 gallons per day, he noted. The house and one acre would be withdrawn from the sale. A long discussion ensued regarding Newburyport's 40% surcharge to current Newbury customers, development of an infrastructure and who would pay for it,town meeting approval, and Newburyport's interest or lack of same regarding the well. In April, Newburyport had said they were interested in the town securing the well and Newburyport might look at future development of this site as a water source. Lagoulis noted that Newburyport has not instructed Newbury to buy the well. While historic data is available on the well, it was determined that a current prolonged pump test will be needed. This test will show 3,85 the amount of water beingdrawn from the aquifer. Chairman Russo noted that during his 9 last visit with the Mayor she had intimated that she would arrange this testing. It was decided that a definite yes or no was needed from the Mayor and the Newburyport Water Commission as soon as possible. Without their commitment Newbury cannot move forward. While Newburyport is looking at 5-10 years down the road, a commitment is needed now said, Bashaw. Kozazcki and Leonard accused the town of dragging their feet on the 61A release. Matt noted he had a buyer that will give him 1.25 million dollars in 120 days and then the town can deal with a land taking.from the new owners. Matt asked the town to sign off on the release so that he could move forward and he and Mrs. Kozazcki angrily left the meeting. Counsel noted that the town never received a copy of the P&S, only a contract to purchase, so the clock had not legally run on the 61A release. He again asked Mr. Leonard for a copy of the P&S. Leonard responded that he felt it was unethical to hold up this sale and he no longer had any faith in the town purchasing the property. He said, this property was offered to the town four years ago and over the past 120+ days since we've had another buyer there has been no movement by the town towards a purchase or a release. Both the Selectmen and the Commissioners stated they did not want to tie Matt up any longer. Chairman Russo will contact the Mayor and ask her for a date certain to get a pump test scheduled. If Newburyport says no, the town will immediately release the property. The Selectmen and Commissioners while sympathetic to the problems said . they cannot move on the sale without support from Newburyport and they assured Leonard they would not hold up the release or sale any longer than needed. The terms of the MIA between Newbury and Newburyport and the MOU signed by the OT Water Commissioners were discussed along with the potential development along Rte. 1 that is being explored by both Newbury and Newburyport. The meeting was adjourned at 8:40 p.m. on a motion by Chairman Russo, seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Secretary . SELECTMEN'S MEETING JULY 27, 2004 Chairman Russo opened the meeting at 7:03 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the July 13th and July 16th meetings were read and accepted as moved by Chairman Russo, seconded by Selectmen Joy and voted unanimously. Chairman Russo announced that the Town would begin a search for a building inspector to replace Brownie Taylor who is stepping down from the position. Interested parties may apply at the Selectmen's Office. An easement from Mass Electric to install and maintain power lines at the transfer station was reviewed and approved as presented on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. On the recommendation of the Planning Board, Geoffrey Walker was appointed as a member of the Woodbridge School Advisory Committee as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. Appointments for the Board of Fire Engineers, Forest Warden and Deputy Forest Wardens were considered. Dave Foley of Protection Co. #2 asked that these appointments be tabled. Charles Knight said he would not accept his nomination as he was not selected by his company. Selectman Bear suggested he accept the position and fight for his company. He explained the reason for a five man board and the mandatory monthly meetings. After a brief discussion, Selectman Bear moved to continue the appointments to the meeting of August IOth, seconded by Selectman Joy. In the interim a meeting will be scheduled with Steve Cohen of the Fire Marshall's office,the Finance Committee and the Fire Companies. 587, It was moved by Selectman Joy and seconded by Selectman Bear to allow the creation of a new full time position for town planner/grant writer. This person would work in a triage position with the Planning Board. The Personnel Board will be asked.to generate a job description for this position. A request from PICA in conjunction with the Historical Society of Old Newbury to hold an antique show and sale in May of 2005 on the airport grounds was continued to the meeting of August I&on a motion by Selectman Joy, seconded by Selectman Bear to allow Counsel •time to check on the legal ramifications of permitting this show. The Selectmen voted unanimously to support the Planning Board in their joint application with the City of Newburyport for a Priority Development Grant of$100,000 from the Department of Housing and Community Development. This grant, if received, will allow the town and city to jointly study the feasibility of re-developing the commercial area along Rte. 1. On a motion by Selectman Joy, seconded by Selectman Bear, the Board also voted unanimously to support the Planning Board in their application for a peer-to-peer technical assistance grant in the amount of$1000 which would pay for consulting services to assist the town in developing a housing strategy. Chairman Russo asked Counsel for an update on the Parker Street well site. Counsel reported he had spoken with Mr. Lawler of the Newburyport Water Commission and asked they provide the town with a letter with specific instructions or commitment by their next meeting. The Triton School monthly assessment was briefly discussed. The Governor's veto of the"pothole fund" has been overturned by the House and Senate and Representative Stanley will be working on behalf of Newbury to procure funds for our shortfall, advised Chairman Russo. A Special Town Meeting as scheduled for October 5, 2004.- It was moved by Selectman Joy and seconded by Se ectman Bear to prepare an article for this meeting warrant to increase our assessment an monthly payment to Triton. No change or increase will take place until it is voted at th October meeting. The subject of possible misuse of lights at the B field Little League field was raised. The Board agreed to table the discussion until litigati n is finalized. Selectman Joy noted that the Police have been asked to investigate the lights being put on late in the evening and a., new timer and locks will be put in place in the nekt few days. The recent survey and staking of the 49t' Street right of way to the beach was discussed. Chairman Russo advised he had recommended the orange stakes be removed and the permanent pins be covered with PVC pipe to prevent accidents. Debbie Small of 12-491' Street questioned the town's interest in marking the right of way. The residents who paid to have the survey done reported that it was marked because the path used for many years had been changed by the Ablows and the old path was no longer usable or distinguishable. A brief debate ensued. Chairman Russo suggested the neighbors get together and decide if permanent markers should be installed and if so what they should look like. Doug Packer of the Conservation Commission briefly addressed the bench and proposed walkway for this right of way along with the handicap regulations. He suggested that if the markers should be removed, ties be recorded from permanent structures so that the right of way can always be sited correctly. The Board recommended the pins and pipes be left alone for the period of one year and then if the path is clearly marked they may be removed upon prior notification to the Selectmen. On a motion by Selectman Bear, seconded by Selectman Joy, Joseph Kennedy was appointed as a member of the Recreation Committee. The meeting was adjourned at 8:25 p.m. as moved by Selectman Joy and seconded by Selectman Bear.. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING AUGUST 10, 2004 Chairman Russo opened the meeting at 7:10 p.m. Selectmen Richard Joy and Charles Bear were present. Commendations were presented by Chairman Russo to Jeanne MacDonald and Edward Donnelly, along with flowers and a Newbury flag, in recognition of their efforts to rescue Phil Lepore from the P.I. Basin on July 18, 2004. Both parties were thanked for their valor. The minutes of the July 27d'meeting were read and accepted on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A request from CAB Health&Recovery Services of Danvers for use of the Upper Green as a rest stop on September 18di from 10 a.m. to 2 p.m. for their"Bike for Life" fund raiser was granted on a motion by Selectmen Joy, seconded by Selectman Bear and voted unanimously. The revised Inter-Municipal Agreement voted at the June 22nd Special Town Meeting was signed by the Board and will be forwarded to Newburyport for final signatures. The Board voted unanimously to award contract#1 to SB General Contracting Inc. of Westwood, MA in the amount of$2,947,156.42 and contract#2 to D&C Construction Co. Inc. of Rockland, MA in the amount of$13,632,603. These contract awards are based on bids received April 2, 2004 for contract#1 and March 30, 2004 for contract#2. Both contracts are part of the P.I. water/sewer project. On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously, Triton Pop Warner Association was granted permission to install goal posts on the i Central Street fields. It was noted that the sleeves for the posts would be permanent but the goal posts would be removed at the end of the season and stored. At the request of Pop Warner extra trash receptacles will be placed at the fields and Pop Warner will be responsible for trash removal during their season. The Board voted unanimously on a motion by Selectman Joy, seconded by Selectman Bear to attend a Tri-town meeting being held in Rowley on August 17d`to discuss financing issues of the Triton Regional School District. A"375" Anniversary Advisory Committee was established and Richard Cunningham, James Cunningham and Barbara Rogers were appointed to the committee on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Chairman Russo noted that additional volunteers would be needed and anyone interested.should contact one of the Selectmen. Chairman Russo announced that the Cable TV Advisory Committee is'also looking for two additional volunteers. On the recommendation of the Historic Commission, Dorothy Cunningham was appointed as a"Member Emeritus" in honor of her past work, dedication and longtime service to the committee, as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. The following appointments were made as moved by Chairman Russo and seconded by Selectmen Joy. Selectman Bear abstained Board of Fire Engineers: William Pearson, Michael Bulgaris, Douglas Janvrin, Dave Foley, Tim Wareham and Wallace Ziehler Forest Wardens: William Pearson and Dave Foley Deputy Forest Wardens: Michael Bulgaris, Douglas Janvrin, Tim . Wareham and Wallace Ziehler Chief of Fire Engineers: Charles D. Bear H. Verne Noyes III was appointed as."Member Emeritus" of the Fire Engineers by unanimous vote of the Board. A request from the Historic Society of Old Newbury to place a banner on the back stop of the Upper Green to advertise their annual antique show on August 27, 28, and 29 was approved as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. A common victualler license was approved for Triton Pop Warner on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. The meeting was adjourned at 7:50 p.m. on a motion by Selectman Joy, seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING AUGUST 24, 2004 Chairman Russo opened the meeting at 7:08 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the August 1&meeting were read and accepted as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. At 7:10 p.m. the legal notice for a pole hearing was read for Mass Electric Plan#674, dated 7/27/04 to construct and maintain underground conduits_across Elm Street from poles#39 and#40 to provide service to Caldwell Farm Road. The petition was approved as presented on a motion by Selectman Joy,seconded by Selectman Bear and voted unanimously. A request from SB Contracting to place a tool trailer on town land at the approach to the P.I. bridge was discussed and approved on a motion by Selectman Joy, seconded by Selectman Bear and voted.unanimously, On the recommendation of the Planning Board, Alfred Thurlow was re-appointed Associate Member to the Planning Board as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. Edward E. Carpenter was appointed as a member of the Woodbridge School Advisory Committee on a motion by Selectman Joy, seconded by Selectman Bear.and voted unanimously. A proclamation for United Nations Day celebrated on October 2e was reviewed and signed by the Selectmen. The proclamation will be forwarded to the United Nations Association of Greater Boston for display at the State House on October 25`h. A request from May Chicklis of Atty. May's Beachcomber for a one-day.entertainment license for Saturday, September 25, 2004 was discussed. It was moved by Selectman Joy and seconded by Selectman Bear to allow Chairman Russo to issue the license at his discretion upon receipt of more information regarding the time frame of the event. The Board discussed the possibility of instituting the position of Finance Director for the Town. Chairman Russo read a proposal for this position. . . The position of Treasurer/Collector of Taxes be replaced by a full time Town Finance Director appointed by the Board of Selectmen when the current term has expired, and no future election be held, as the new position of Town Finance Director shall assume the powers and duties of treasurer and said director shall appoint the town accountant and collector. The Finance Director, as Treasurer, shall be responsible for coordinating the fiscal management practices of the Treasurer's Dept., Collector of Taxes, Town �6n 393 Accountant's Dept.,Assessors Dept., and be administrator of budgeting including financial reporting, accountability and control, as well as render advice on financial implications of all policies to all Town Departments and to the Board of Selectmen. The selection of the Finance Director shall be done by a screening committee comprised of representatives from the Finance Committee and Board of Selectmen. There will be no f scal impact until the current term of the elected Treasurer/Collector of Taxes has terminated Selectman Joy offered an amendment to this proposal. . . "to serve at the discretion of the Board of Selectmen" It was moved by Chairman Russo and seconded by Selectman Bear to approve the amendment. The proposal with the amendment was approved on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. The Personnel Board will be asked to write a job description and the proposal will be place on the town meeting warrant for a vote of the residents. The Board unanimously voted to re-institute the department head workshops started by Selectman Saunders. The liaison from the Selectmen will rotate through the board on an availability basis starting with Chairman Russo. A letter on behalf of the Town supporting an application to the Rivers, Trail and Conservation Assistance Program to form a multi-community coalition dedicated to the creation of an interconnected trail system in the lower Merrimack Valley region was discussed. It was unanimously decided to table signing the letter until Chairman Russo can obtain more information from the Planning Board about the coalition and the town's rights. Three warrant articles were submitted by the Planning Board to the Selectmen for inclusion on the October 5d'warrant. All three articles were tabled on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously to allow the Board time to gather more information on each article. These articles will be returned to the Planning Board for public hearings and input.. On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously, the Board voted to adopt the"order of taking" for easements related to the construction of the Plum Island Water/Sewer Project as written, and award damages as set forth in the order of taking. These takings were authorized at the Special Town Meeting held June 24, 2003. It was again announced that the Cable TV Advisory Committee was in need of two members and the"375" Anniversary Committee was looking for volunteers. Dick Cunningham noted that a flyer will be sent out with the next tax bill asking for ideas and volunteers. The meeting was adjourned at 8:00 on a motion by Selectman Joy,seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Secretary 5.9 5 S `5 T G Chafiman Russo opted they mwft at 7.: p..m.. Select Rielaad Joy.and Charles Bear,were present, The warrant for the abet Special Town Niceft was reviewed and sited by the, beam and will be,pored by a.Constable, Chaimm Russo,spoke bria- the"giound breaking cerenwW lid for dw F.I.- Sewa/Water &. He displayed the,shovel&an to the tower and wised tlx:it would be p` fbr all to we,. Bole Wad repr the F J.c6mmunity Akfidd p d p tr puking fix.a "ft-i 'wheduled at On meld Omber Z.&3. explaimd dot they were trying to pmveft any disruption to the Sow oftraft to and from.the Wand; :and how to have tern ant post expericam ima Midegaghm for a. .. cluirmw Russo thaaked BobkeeM everyone up to speed an their pmr .. The rnnimaes ofthe August 246 meeft vxw read and accepted as nee by Sdecu= Jr wcoWed by Seleftm Bear mod!voted Born Ott,,Presided of the P.I Taxpayers Association,,to rested permission to suurv�y and mark the rights of way to tie beack as the 490 Strut right of wad+had been rrrarked. Surmy and mw*inp restrkted to ske dunce xa,4 not to interfere k suing dwefifngx This,project will be ceded by the'Taxpayers Assoe.. and Nk, Esposito-Will be doing;the engineering,. A discussion of the pro and cons ensued and the lens tivity of the area was eonsidereA l"eetum, Bear moved to grant perfnission to lax. Barrett and the Taxpay,ers Assoc:.WSW suurveying;and marking the rights of way to the beach,.,seconded- by Selectman Jby and voted,norn ,.sly Toe Momdain and Doug Hyde fivm do lquining Board ads to mower mm the questions the Selectman hadregarding the.pioposed bylaw dmWs that Mid been tables attkAqpM2O'meeft- Mounfidnadvisedthathese char4a W=Maw to brig the byhmn up to doff.-"Thy puking reguladons;=swawxd ftaughM do byl m and we MA ;. ply i _g was trying to,consolidate them ow soon but a lb to,the whole towm The d mieway bylaw was,chscussed as 'ace.lkmr o redi to work,with At.Hyde to brims to shandads for emerpmy vehicles. The si e plan raw Vwcass and who old be the permift avehority fbr spatial permits was also r " L- While many qwaim were anwerek them AM rmained a of quations to be r l .. Cry Russo rued to tab the bylaw chmW,spin to. a Rare meating ammiza tip to study sow ofthe ofthe durqp, secondvd by Seleftm li voW u naour Mounuem ad ;.Hyde Were tlaasaed for their time and input.. A.rest fdr.use ofthe.U�Pff Grew on Oftbw 9(mate sober l it')ft a yard safe to benefit.the Demoaa k Town CommWee=pniza we moved on a.motim by selectman Joy,,seed by Seleamm Bear andvated ananinmx1y. Ch man Russo,advised:that the selectrmv's endomment aft he park bench pl-geed on. the 49W Street right efway.to the beach was given sutqiect tca Conservation.Commission approval. The Con rvation Commissim can over ride any endorsements for this area: aconsmationprobtemarises. n stir er�t enss �e tie n a er, Conserve onn Akent and Chairman Russe is win&Idded'that tie benefit mq rerdu In Plar-efor Mteyearto see°wkartinraa.its has on tke arem �f ikere is nv aYbjecd der by ADA,the blerrek mq—remain and wn?l be reassessed yearty f our ea►virrnxtrrrentat iftwact :.Palumbo of99 Harmer Strom hu aid tk tma to s dim t pndug ells parking lot as he believes the insWlagm ofthe kned main al the edge ofThe roads hasp a seal per lam oa ids prey;. Wactamloynotedthaffthe M Pvbhm they would Tim fix it;,but who is the ngpovible m! y�. this " ll'ec.tman to Ft Comers.upon on s prd to decisions,making any s d Sei a Joy aid voted mwWm. sly, Onthe D r p s w re-asp�tedi the 397 AdvisoryCommitter.as mund by SdIectmen Jay awd Dow,: Jerrord tm;,Nut Ivada,;Urda..W014 um' Sm"IPJ4114 tchut 01fts a ww member Sim Lam. On tfw recommend on of the Pkaning Dowd,Josh Bury ms qvointed as Piming, Dowd Repremmudw to t ZRA is moved by Selechma Joy,nconded by S Bew aid.vated,unar6tously, The meeft.vm adjowrwd,at 8:20 pm..on a nwdoff by.Selectman Joy wd seconded by Sefectom Bea.. . YUM,evn Siroisf,,semi . SEMMBER,29,, M Chairman Russo 6pened the rmeeting at'7::t0 p,.rn;. getectm=Fuehard.Joy was present present,. Selectman Chutes Bear wag absent The minutes of the September' o mew were read and paraVaphs sum:and_n ne amended on a rmot one by Chairman Russo,,seconded by Selectman;joy, The nui�nutes,as amended were accepted on a motion,by.Seteetrnan JwY, gee,onded by Chai-ir man-Russo and voted vmani omu�ty The warrant:for the State Eteetiom to be held November 2s 2004 was signers by the S'eteetrmen, Chairman Rum acknowledged.receipt of the recommendation foi alitemattiae uses for the Woodbridge School from the Woodbridge School Advisory Comm.ittee,. They reeommmended residential usage as being in the beat interest of'the towns. A.eomnrnereial appraisal of the building would be the next step and restrietiong,would creed to drawn up for:the facade,onhe buitding- Dave.Mountain noted that the,Woodbridge School Committee had no interaction with the Master plan.Committee and perhaps there are other'uses that could be considered', He suggested ed that caning may also Muire a chaas S'elleetruan joy ael�n ledlyed the wark d e,by the oodbridge School Co ttee and thanked them for their a nits.: He recommended leaving a window of opportunity open for the eiti2eds ofNe*bury and the Planning Board to offliev comments or suggestions prior to putting,this recommendation be to tom meeting" He moved to a thoriae the Chairman to reiowve.forwud with an appraisal of the property,seconded by Chairman Rus'so, Chairman Russo advised that this recommendation would be placed orn a future geteetnmen!s agenda in about a month-and the lysl.5 of the comm,ittee would,be open to the pub.-tic., A.req est.for use ol>:the Upper Green on Saturday, ate,October 10(rain d Get ber l7"). for a yard sale to.benefit the PI Mother's Club,was approved,on,a motion by Selectman Joy.and,seconded by Chairman Rv,mi a. letter rorn.the omen's C is%s Center advoeaung Domestie Viotenee A MeAesswas read,by Chair,man Russo and a proclamation in.su}ppe ft the world of'the Center, vas signed by the Seteetmen.and will be forwa ed,to therm.in,recognition of October-as Domestic Violence Awareness Month.. Janet Minihane questioned the Selectmen on the disappearance of the ono p rtg'suns from,in front of her property at 1.l:& 15 Sunset.Drive, �br%e�diseu�si�m ensued and it was.decided that the Selectmen will,meet with the Highway erector and Chief Merry to investigate the signage on Sunset Hriv.. MS..Mau iane.will be kept in the loop during; t`15 If'ffqufry.. y399 On the recomtnendmion of Chief,Merr=y,Tian Leonard wag;appointed as are Assistant Deputy to Newbury Emergency Management on a motion by Selectman Joy, seconded by Chairman Russo,and,.voted unamfmously. Jim Gorad'ey questioned Newbury Auto Sales,' Class l_license. Chairman Russo, advised the board would look,int6 it and,reps back to Mr: Go ley. Gene Palumbo of Hafover Street asked what waa decided abort the problenms with his parking area. After a brief discussion:it was decided that more rnvestigat►on was necessary,to detemune possible uses and the remedy. Thy Selectmen will;reset with Tire Leonard about this situation. The mecting wag,adjourned at 7AS p;mn an a motioh by Seleanm Joy and seconded by Chairman Russo. RespectUty submitted, Kathleen Sir f s�,Secretary SELECTMEN'S MEETING OCTOBER 4, 2004 Chairman Vincent Russo called the meeting to order at 10:45 a.m. Selectmen Richard Joy and Charles Bear were present. The Board discussed an E-mail received from Dick Bazirgan of the School Committee requesting the Selectmen appoint a town official and a community member as well as a member of the Finance Committee to the Superintendent's Search Committee. The Finance Committee will be asked to name one member to this committee. The Selectmen designated Richard Joy'as town official and Richard Passeri as community member to represent the town on this committee. On a motion by Selectman.Joy, seconded by Chairman Russo, permission was given to the Board of Assessors to use outside Counsel for an Appeals Court case. A one-day liquor license permit and permission for a Halloween party at PITA Hall on October 30'' from 8p.m. to 12 midnight to benefit the.American Cancer Society was approved for Gregg Pugh on a motion by Selectman Joy, seconded by Chairman Russo. The Board examined the problem of parking signs on Sunset Drive, brought to their attention by Janet N inihane at the last Selectmen's meeting. It was unanimously decided to revisit the site in early spring to review the need for more signs or a change in signage. Selectman Bear addressed the board regarding some GDA concerns that had been brought to his attention. It was decided that Counsel would be asked to look into the legal aspects of these concerns and they would be addressed at a future meeting. The meeting was adjourned at 11:30 a.m. on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Respectfully submitted, Kathleen Sirois, Secretary BOARD OF SELECTMEN'S MEETING OCTOBER 21, 2004 Chairman Russo opened a Selectmen's meeting at 10a.m. to discuss a waiver application for the train whistle ban proposed by the Lorings of Hay Street. Due to unforeseen circumstances, Selectmen Joy and Bear were unable to be present at this time. The meeting was continued to 3:30 p.m. in the afternoon. At 3:30 p.m..the meeting was reconvened. Selectmen Russo and Bear and Mr. &Mrs. Loring were in attendance. A discussion ensued. Dave Loring explained that Newbury actually exceeds state regulations for their safety equipment and regulations and Newbury obtained their whistle ban through the state legislature. The Town's problem is that our rail service did not come into existence until 1998 and the FRA has set their grandfathered criteria to include all bans in existence prior to 1996. All we are doing is buying time by applying for this waiver at this time, stated Mr. Loring. Upon deliberation and consideration of the facts presented,the Selectmen unanimously voted to sign the waiver application on a motion by Chairman Russo, seconded by Selectmen Bear. The meeting was adjourned at 3:50 p.m. as moved by Chairman Russo and seconded by Selectman Bear: Respectfully submitted,, Kathleen Sirois Administrative Assistant SELECTMEN'S MEETING NOVEMBER 9, 2004 Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the September 2e, October 4'i'and October 21" meetings were read and accepted on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously the Board approved the town's borrowings from the Mass Water Pollution Abatement Trust as follows: VOTED: That the Town shall.issue a bond or bonds in an aggregate principal amount not to exceed $4,050,000 (the"Bonds")pursuant to Chapters 29C and 44 of the General Laws and a vote of the Town passed August 8, 2000 (Article 1), for construction of sewers and other,water pollution control facilities(the"Project"); that each Bond shall be issued as,a single registered security,and sold to the Massachusetts Water Pollution Abatement Trust(the"Trust") at a price determined pursuant to the Loan Agreement that the Treasurer is authorized to determine the date,the form, the maximum interest rate and the principal maturities of each Bond, and to execute a Loan Agreement or Agreements with the Trust with respect to the sale of the Bonds, such date, form and maturities and the specific interest rate or rates of the Bonds to be approved by a majority of the. Board of Selectmen, and the Treasurer and evidenced by their execution of the Bonds; that all action taken.to date by the Town and its officers,and agents to carry out the Project and its financing, including the execution of any loan commitments or agreement by the Treasurer, are hereby ratified, approved and confirmed; and that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement and the Project Regulatory Agreements relating to the Project. VOTED: That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $4,650,000 (the"Bonds")pursuant to Chapters 29C. and 44 of the General Laws and a vote of the Town passed on August 8, 2000 (Article 1), for the drinking water project identified in such vote (the"Project"); that each Bond shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust(the"Trust") at a price determined pursuant to the Loan Agreement; that the Treasurer is authorized to determine the date,the form, the maximum interest rate and the principal maturities of each Bond, and to execute a Loan Agreement or.Agreements with the Trust with respect to the sale of the Bonds, such date, form and maturities and the specific interest rate or rates of the Bonds to be approved by a majority of the Board of Selectmen and the Treasurer and evidenced by their execution of the Bonds; that all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and that the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreements and the Project Regulatory Agreements relating to the Project. A notice of resignation from Karen Mansur, Director of the Council on Aging was accepted with regret on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Barbara Rogers addressed the Board on behalf of the 375th Anniversary Committee. She proposed that the Selectmen appoint three trustees to administer, maintain and oversee the First Settler's Burial Ground at 238 High Road. The Committee's first official action she suggested would be to designate the Lower Green as the center of activities for our anniversary celebration in 2010. She noted that Jim Cashman was looking into the specifics and stipulations, if any, on the Jane Moore Fund which she believed was set up for the care of the burial ground. Chairman Russo advised that he would like to get some feedback from the Sons&Daughters of the First Settlers and do a little more research ,before making any decisions. This subject will be addressed again at a future meeting. Paul Ivaska of the Fr. Sears' Memorial Park Committee presented a schematic proposal for the design of the park and explained the proposed plantings to the Board. He asked for the Board's approval so they could move forward with fund raising and permitting. While the Board endorsed the concept of the plans, they moved to table final approval until the plans are accepted by the Conservation Committee. This was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. The Fr. Sears' Committee was thanked for all their time and input in this project and directed to the Conservation Commission office. On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously the Thanksgiving holiday will be extended through Friday for all town workers. Chairman Russo advised that the Christmas on the Green Committee was looking for volunteers. Persons interested should call Mike Roy(462-9365) or the Selectmen's Office. On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously, Edward Deardon was appointed as Newbury Representative to the Georgetown Recreational Path Committee: Alba Gouldthorpe, Chair of the Board of Health extended an invitation to the Selectmen for the opening of the Transfer Station on Saturday,November 13t'at 8:45 a.m. Coffee and donuts will be served, she advised. Chairman Russo made note of some good news for Newbury -Newbury Protection Fire Co. #2 has acquired a new fire engine in the past week and the Fire Co..was very pleased with their new addition which is housed at the Morgan Avenue station. The meeting was adjourned at 7:50 p.m. as moved by Selectman Bear and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois Administrative Assistant SELECTMEN'S MEETING NOVEMBER 22, 2004 The Selectmen met at 10:00 a.m. on November 22, 2004 at the Newbury Town Hall. The meeting was duly posted. Chairman Vincent Russo and Selectman Richard Joy were in attendance. Selectman Charles Bear was absent. Town Counsel James Lagoulis attended the meeting and requested that the selectmen meet in executive session for the purpose of discussing the options available regarding the ongoing litigation with Newbury Trucking/East Coast Sand and Gravel. The selectmen agreed to the executive session on a motion by Selectman Joy, seconded by Chairman Russo. A roll call vote was taken- . Chairman Russo-yes, Selectman Joy-yes. Having voted in favor of an executive session, Chairman Russo announced that the Board would enter into an executive session for the purpose of discussing litigation and that at the conclusion of the executive session the selectmen would not be reconvening in open session. The Selectmen went into executive session at 10:05 a.m. Respectfully submitted, Kathleen Sirois, Admin. Asst. SELECTMEN'S MEETING NOVEMBER 23, 2004 Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the November 9t'meeting were read and accepted as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. A public hearing was scheduled for Tuesday, December 14t'at 7:00 p.m. for GDA's application for a special permit to renovate the French Building located on Middle Road on a motion by Selectman Joy, seconded by Selectman Bear. A request for a one-day entertainment license for the P.I. Grille for the performance of a jazz trio on Wednesday, December 8t'from 6-10 p.m. was approved as moved by . Selectman Joy, seconded by Selectman Bear and voted unanimously. Christmas on the Green will be held on Sunday, December 121 at 3:00 p.m. on the Upper Green. Chairman Russo advised that Mike Roy is still looking for volunteers for this yearly event. A conservation restriction grant for Caldwell Farms, as sanctioned by the Newbury Conservation Commission, was approved and signed by the Selectmen on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously and will be filed with the Department of Environmental Affairs by Atty. Chris Latham. The property tax discount for eligible seniors was briefly discussed with Assessor Budd Kelley. A proposal to lower the age requirement and increase the income limits for 2006 was discussed. It was decided this proposal will be placed on the April annual town meeting warrant for a vote of the residents as moved by Selectman Bear, seconded by Selectman Joy and voted unanimously. Chairman Russo noted that a Tri-Town meeting with Salisbury, Rowley and Newbury to discuss the Triton agreement will be held Tuesday, November 3&at 7:30 p.m. at the Rowley Town Hall. A proposal from Counsel Jim Lagoulis asking that he be appointed as an employee.of the Town for the remainder of his present appointment with a cap on legal expenses was read by Chairman Russo. After due deliberation,it was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to accept this proposal as presented. A discussion ensued with Counsel and Parker River Dr. resident, James MacDonald regarding a gated fire access road between Larkin Road and Parker River Dr. While Counsel had done some research on this issue prior to the meeting,.due to new information brought to light, he asked for more time before issuing a final opinion. Selectman Joy noted that while he had no trouble enforcing the town's rights, he was reluctant to enter into a neighborhood dispute. Counsel suggested contacting the owner to ask that the gate be left open until a determination is made. Chairman Russo moved to instruct Counsel to contact the owner and proceed as stated, seconded by Selectman'Bear. This matter is to be continued to the December, 14'h meeting. At 7:40 p.m. the legal notice for a public hearing on the determination of the percentage of tax levy to be borne by each class of real property for FY05 was read. Assessor Budd Kelley advised that the town is currently 95.7%residential with 4.3% Commercial, Industrial and Personal Property. The Assessors,therefore, recommended a single tier tax rate. The Assessors' recommendation was accepted on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. The meeting was adjourned at 7:50 p.m. as moved by Selectman Bear and seconded by Selectman Joy. Respectfully submitted, Kathleen Sirois Administrative Assistant SELECTMEN'S MEETING DECEMBER 14, 2004 Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the November 22 & 23 meetings were read and accepted on a.motion by Selectman Joy, seconded by Selectman Bear. The legal notice for a public hearing on the application of GDA for a special permit to renovate and construct an addition on the French Building on Middle Road was read. Richard Savage of GDA presented the plans and explained the construction details for this project. After a brief discussion and due deliberation the special permit was granted for the application as presented as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. This special permit was granted as it will have no impact on abutting lands, will not be more detrimental to the.area than the existing structure and use and will be in harmony with the general purpose and. intent of the bylaws. A proposal for the relocation of the staging area and exit road,for school buses at the Newbury Elementary School was presented to the Board by Chris Walsh, Custodian of Triton Regional. The chaotic situation, especially at the close of the school day, with school buses and parents picking up students competing for the parking area was discussed. Chief Merry noted that at safety meetings this problem had been reviewed and he tries to have police presence there to help with traffic control. Chris advised that the Conservation Commission has requested an engineers report indicating that this work will not have an adverse impact on site drainage. Total impact to the Town will be approximately $6,300 with anticipated construction in early spring. Selectman Joy moved to support this proposal, seconded by Selectman Bear and voted unanimously. A request from the.Village Diner&Pub to extend their hours for last call to 1:00 a.m. with closing time at 1:30 a.m. on New Year's Eve was approved by the Board on a motion by Selectman Joy, seconded by Selectman Bear'and voted unanimously with the stipulation that convictions for OUI from their location or over-serving may jeopardize their liquor license. The Board recognized Don Bade, President of the Parker River Clean Water Association as recipient of the 2004 Gulf of Maine Council's Visionary Volunteer Award. Don was honored for his achievements, dedication and involvement in the coastal environmental community on the North Shore of Massachusetts. Chairman Russo acknowledged the receipt of a P&S and letter of intent to sell property on Parker Street owned by Matt Kozazcki. This land will continue to be held in Chapter 61 A. It was voted to receive and file these documents on a motion by Selectman Joy, seconded.by Selectman Bear. On the recommendation of the Newbury Library Trustees, Richard Ravin was appointed on a motion by Selectman Joy and seconded by Selectman Bear to fill the unexpired term of Matt Freedman, who resigned from the Board of Trustees on December 1, 2004. Liquor license renewals for 2005 were reviewed and approved as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously for the following: Village Diner&Pub, Oldtown Country Club Inc. Corner Cupboard, D&J Liquors, Dick's Variety, Mr. Moe's, Byfield General Store, Atty. May's Beachcomber, Newbury Convenience, J.R.'s 19''Hole, Plum Island Grille. The license for Turquoise, LLC, formerly PJ's was disapproved as it is closed for renovations. The owners will reapply when construction is completed. Richard Passeri of the Town Government Study Committee gave a brief progress report. Dick advised they were moving forward with a questionnaire and interviews with town employees, gathering information from other communities and reviewing charters and legislation. At this point in time the committee feels there is no unified day to day administration process and no unified approach to finances and budget. They are looking at the possibility of a finance department or finance director and administrator, expanding from a three to five man Board of Selectmen and establishing two definitive yearly town meetings and doing away with special town meetings. A"0" quorum and warrant by lottery are also being researched. He noted that the committee expects to make final recommendations by mid March. Selectman Joy asked that the committee also look at the cost of these proposed changes to be submitted with their recommendations. Mr. Passeri and the committee were thanked for their input and time. Chairman Russo spoke about the"budget crisis" in town. The sale of town properties, a proposition 2 '/z override, and the collection of delinquent taxes were all discussed briefly. He suggested a meeting with the Selectmen, Finance Committee and Treasurer to review a strategy for tax collections and getting the Planning Board involved in any decisions regarding the sale or alternative uses of the Woodbridge School or the Byfield School. A job description has been written and posted for the position of Planner/Grant Writer. It was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to approve this new position. A transfer of$5,420 will be requested from the Reserve Fund to the Planning Board Consultant account for this position for FY05. On the recommendation of Chief William Pearson, Board of Fire Engineers, Precinct 2, Padraig Daly was appointed to the position of Firefighter/Paramedic assigned to the Byfield Fire Station on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Chairman Russo recommended that the posted daily morning meetings for the Selectmen be discontinued for the next few months due to schedule conflicts with his new responsibilities. Clamming regulations for 2005-2006 as recommended by the Board of Fish Commissioners were reviewed and approved by the Selectmen as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. Chairman Russo announced that a"special town meeting" will be held on January 25, . 2005 at the request of the Finance Committee. The warrant was declared open on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Chairman Russo advised that a letter had been sent to the Sons&Daughters of the I' Settlers regarding the 1'` Settlers Burial Ground and to date there has been no response: Dick Cunningham suggested sending a copy of the letter to one or two other members for their next meeting in January. As requested by Treasurer Jim Cashman, the board voted to roll over BANS in the amounts of$1,880,000 (water& sewer project), $1,125,000 (transfer station) and $270,000 (recreational facilities) into one BAN(Bond Anticipation Note) dated 12/16/04 and payable 11/4/05 in the amount of$3,275,000, on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. General business license renewals were reviewed and approved on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously for the following businesses: Plum Island Grille, Wheelhouse Parking, Riverfront Marine Sports,Plum Island Enterprises, Stor-U-Self Storage, Volpone Towing, Tolman Automotive, BD Automotive, A.L. Prime Energy, Steve's Service, Pearson Hardware, Sadie's for Hair, Karen's Dog Grooming, Lexa's Day Spa, High Tail Acres,Newbury Auto Sales(Class III), Special Interest Autos of Nbypt. (Class,II), AEL Trailer Sales(Class II), Main St. Mini Mart, Byfield General Store, Bob Lobster,P.I.T.A. Dick's Variety, Norbeck Sterling,Josette's Adz &Loom, Newbury Gallery, Flukes& Finds, Colonial Coiffures, A Newbury Setting, Fernald's Marine, Precision Automotive Restoration Inc., Bill's Auto Repair, Checkoway Oil Co., The Quilted Acorn Shoppe, Romp &Roll Doggie Playground, Henry C. Becker, Reeves Automation, Mr. Moe's, and Williamson Parking Lot. Selectman Bear advised that he had spoken with Mrs. Dehetre about the access road across her property. She seemed unwilling to open or remove the gate due to a problem with teenagers racing through the right of way. Selectman Bear said speaking for the fire department, the gate does not present a problem. Chief Merry was asked to check into the 911 situation and report back to the Board at the meeting of the 281h Dr. Russo asked the Board if they would entertain a motion to enter into executive session for the purpose of discussing litigation on the landfill. Selectman Joy moved to enter into executive session, seconded by Selectman Bear and voted unanimously. A roll call vote was taken, Selectman Bear, yes, Selectman Joy, yes and Chairman Russo, yes. It was announced that the meeting would not reconvene in open session at the close of executive session. The open meeting was adjourned at 9:05 p.m. as moved by Selectman Joy and seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Admin. Asst. SELECTMEN'S MEETING DECEMBER 28, 2004 Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles Bear were present. The minutes of the December 14d'meeting were read and accepted on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A discussion ensued with Treasurer Jim Cashman regarding the Town's current fiscal challenges. Our tax recap submitted to DOR has been denied and the town cannot set a tax rate or send third quarter bills until the revenue deficit is secured. Jim and the Selectmen asked residents to consider voluntary payment of the 3`d quarter taxes to, facilitate continued services. Betterments and Special Assessments for the P.I. Water/Sewer Project were briefly discussed. Chairman Russo advised that betterments cannot be charged to the homeowners until the project is completed, however, the bad news is that payments to the Trust Fund must be made in May/June. The authority to levy assessments lay with the "assessing board", which in the Town of Newbury is designated as the Board of Selectmen, he noted. Selectman Joy moved to name the Board of Selectmen as the "assessing board" for the Newbury section of the P.I. Water/Sewer Project, seconded by Selectman Bear and voted unanimously. It was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to sign the performance release forms and release the final retainage for the landfill closure construction project. CDM certified that all work has been done to their satisfaction. On the recommendation of Chief Merry, April Clarizia was appointed as a full time patrolman(federal grant position) and Dani Michalek was appointed as a full time student officer(vacancy position) on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. License renewals for 2005 were approved and signed as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously for the following businesses: Newbury Butchery, The Boston Sports Car Co.(Class II), Ould Newbury Golf Club Inc., U.S. #1 Auto/Marine (Class II), Highline Auto Inc. (Class II), Longfellow Hill Beauty Shop, Mad Martha's, Newbury Convenience Store, Village Diner/Pub, Noyes Citgo, German Autosport, Olde Newbury Boat Co., Milestone 35, Haven II, Diamond Marine, J. Gallant Pool & Spa Inc., Newbury Family Chiropractic, and Season of Change Massage Therapy. A proposal to have a stanchion of White's Bridge inscribed to commemorate H. Verne Noyes III for his many years of service to the Town of Newbury was approved on a motion by Selectman Bear, seconded by Selectman Joy and voted unanimously. A request from Martha Arias and her son Jeffrey to coordinate a collection with the International Red Cross for the tsunami victims in southern Asia was approved on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A can drive will be held outside Town Hall on Thursday, December 30d' from 12 noon to 3 p.m.. and Friday, December 3 is'from 12 noon to 2 p.m. Collections will also be made in other locations and checks can be sent directly to the Arias' home at 14 Boston Road, Newbury. More information will be in the Daily News Wednesday, December 29 h. On the recommendation of Doug Packer, Paul Daubitz was appointed as a member of the Cable Advisory Committee, effective immediately, on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. Dick Cunningham again raised the question of the 1't Settler's Burial Ground. Selectman, Joy advised that the property appears to be owned by the town and would therefore be the responsibility of the town to take care of it. The Jane Moore trust fund is being investigated and a long range plan will be established as recommended by Barbara Rogers. It was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously that the town will assume responsibility for the 1't Settler's Burial Ground, allocate funds as needed and repair and maintain the area. The meeting was adjourned at 7:55 p.m. on a motion by Selectman Joy and seconded by Selectman Bear. Respectfully submitted, Kathleen Sirois, Admin. Asst.