TOWN OF KINGSTON BOARD OF SELECTMEN. MINUTES May 24, 2011

Transcription

1 TOWN OF KINGSTON BOARD OF SELECTMEN MINUTES May 24, 2011 Chairman Richard J. Arruda opened the meeting of the Board of Selectmen held on May 24, 2011 at 6:00 p.m. in Room 207 at the Town House, 26 Evergreen Street, Kingston. Present were Joseph F. Casna, Jr., Mark S. Beaton, Sandra D. MacFarlane, Ronald A. Gleason and Town Administrator Jill R. Goldsmith. Also present were; Police Chief Joseph Rebello and Supt. of Streets, Trees and Parks, Paul Basler. Upon motion made by Mr. Gleason and seconded by Ms. MacFarlane, following a discussion and a roll call To enter into Executive Session to under MGL Chapter 30A Section 11A #3 To discuss strategy with respect to collective bargaining (KTEU, IBPO, MCOPS and/or IAFF) or litigation and that the Chair declare that an open meeting may have a detrimental effect on the bargaining and/or litigation position of the body, and at the conclusion of the meeting to adjourn to Room 200 to convene the public session meeting at 7:00 p.m. The Chairman reconvened the meeting at 7:00 p.m. and made the announcement of the details regarding the Memorial Day Parade. A certificate of recognition was presented to Sacred Heart High School student LieghAnne D Andrea for winning the title of State Champion in the Massachusetts Lions Annual Speech Tournament. Ms. D Andrea read her award winning speech. Certificates of recognition were also presented to Justin Anthony Whelan and Zachary J.E. Sweeney, for attaining the Eagle Scout designation. Joseph Chaves, Chairman of the Elementary School Committee along with members; Martie Dwyer and Christine Ward were present to consider filling the vacancy on the Elementary School Committee by joint appointment, due to failure to elect a member at the Annual Town Election. There were two candidates for the position; Dennis Randall and Christine Shoaf. Mr. Randall came forward and gave an overview of his qualifications to serve and Christine Shoaf was unable to attend due to a having a medical procedure that afternoon, but provided and extensive resume. Mr. Beaton s nomination of Christine Shoaf was seconded by Mr. Gleason. Mr. Chaves nomination of Mr. Randall was seconded by Mr. Casna. Elementary School Committee member Scott Milbert joined the meeting. Chairman Arruda called for a roll call vote on the two nominations. Mr. Arruda, Mr. Casna, Ms. MacFarlane, Mr. Gleason, Mr. Chaves, Ms Dwyer, and Ms. Ward voted for Mr. Randall. Mr. Beaton and Mr. Milbert voted for Ms. Shoaf. On a vote of 7 2, Mr. Randall was declared to fill the vacancy on the Elementary School Committee. Richard Gardner, Chairman of the Wage and Personnel Board discussed the Board s recommendations for annual amendments to the Wage and Personnel By Law and general increase in the amount of 2%. Finance Committee Chairman Elaine Fiore was present and gave an overview of the Finance Committee FY12 Budget recommendations. She stated that the budget was tight but there would result in no 1

2 layoffs and would fund capital items through three year lease/purchases due to free cash being used to supplement the snow and ice budget shortfalls at the Annual Town Meeting in April. John LaBrache, Treasurer provided information on the Capital Planning Committee s recommendations for the lease/purchase of cruisers, Fire Dept. command vehicle, STP Dept. sander, Mach truck for solid waste, and funding for the repairs to the Fire Dept. roof and storm water management for Gray s Beach. Francis Botelho Hoeg came forward to present the findings of an Assessment Study conducted by the Historical Commission of the Maple Avenue School with funds from the Community Preservation Fund. Mrs. Hoeg advised that she researched actions requested and votes taken regarding the Maple Ave. School and stated that over many years of opportunities, the Board of Selectmen did nothing and the building deteriorated after it was no longer used. She stated that the Historical Commission asked the CPA to fund a study to access the buildings structure for potential reuse. Mrs. Hoeg discussed the findings of the report by Dyer Brown, Historic Architects (on file in the Selectmen s office) and stated that the building was structurally sound and the suggested reuse was for affordable housing. Mrs. Hoeg advised that the building falls under the Demolition ByLaw and that the Historical Commission met and voted to declare it a historically significant building requiring the Commission to receive an application for a Demolition Permit and Public Hearing process. Mr. Gleason stated that a 2008 ATM Article to demolish the building failed to be funded and no action could be taken. He further stated that the report failed to identify potential problems for the reuse such as Zoning issues and inadequate land for septic and a structural assessment. Mrs. Hoeg advised that they were not requested to do a structural assessment. Craig Dalton, Chairman of Historical Commission stated that they got in the report what they expected and the result was that it relieved fears of the condition being sound. Ms. MacFarlane stated that the building was in such decay that the Fire Dept. did not feel it was safe to be used for fire training and that the report does not answer the structural questions and whether asbestos was present. Mr. Arruda stated that he appreciated the information and it would be passed along to the Permanent Building Committee. Nate Murry and Richard Veno were present from the Waterfront Committee to request that the Board approve using fees collected for the sale of shellfishing licenses to be used to fund two Assistant Harbormaster/Shellfish Constables. Mrs. Goldsmith clarified that they were seeking approval to increase expenditures from the revolving fund. Upon motion made by Mr. Beaton and seconded by Ms. MacFarlane, following a discussion and a To increase the Shellfish Bed Revolving Fund from $4,100 to $8,170. Barry Mathias, Jeff Mathias and Brian Wicks came forward to request that the Board waive the requirement for an Earth Removal Permit for the maintenance of cranberry bogs managed by Jeff Mathias and owned by the Independence Mall. Mr. Mathias stated he was a member of the Agricultural Commission and recommended that the Board waive the need for the permit and support amending changing the Earth Removal By Law regarding agricultural uses. 2

3 Mr. Wicks introduced himself as the Regulatory Director of the Cranberry Growers Association and stated he was involved in the initial draft of the amended Earth Removal By Law passed two years ago at the Annual Town Meeting. Mr. Wicks stated that the Attorney General s caution on the By Law and its contradiction to State Law and Agricultural rights. He stated that the work being done by Mr. Jeff Mathias was to perform normal maintenance; scraping off and screening sand. Jeff Mathias stated that all earth materials would remain on site and that he should be allowed to do the work as a right without a permit. When asked how much material he was relocating, Mr. Mathias stated 4500 cu. yds. Mr. Beaton stated that Town Counsel and the Building Inspector had advised that the work could not continue without a permit and there was no provision to waive the process. Mr. Mathias advised that he was a Merchant Marine and would be shipping out and he had an urgency to plant the vines that he had purchased before they die. Mr. Casna made a motion to grant a special earth removal permit with whatever constraints Mr. Armstrong thought was necessary. Ms. MacFarlane seconded the motion for discussion. Mr. Arruda stated that the Board could not grant a waiver or issue a special permit. Ms. MacFarlane stated that she was withdrawing her second to the motion and suggested that Mr. Mathias meet with the Town Administrator and Mr. Armstrong when he gets back from vacation. Mr. Casna withdrew his motion. Fred Svenson requested permission to speak as an abutter to the property. Mr. Svenson stated that the operation involved more than just maintenance and that over more than a year and a half, earth had be removed and there was no plan for reclamation. Joseph Fatazio, another abutter, stated that the By Law set out a clear process and that the Board needed to protect the residents and not waive the process. He advised that Mr. Mathias has removed over 20,000 cu. yards of earth over off site over an eight year period. He said as an abutter, his rights had been trampled on because there was no restoration of the areas disturbed and the area had become a disaster scene. Ms. MacFarlane encouraged Mr. Mathias to fill out the earth removal application and submit it to the office and the Board would hold a special meeting if necessary to hold a duly posted hearing. Mr. Beaton stated that the Board would hold the hearing and consider the permit by the books. Town Clerk Mary Lou Murzyn was present to review for acceptance the Final Re precincting Map, Legal Descriptions, and block listings as presented by State. Mrs. Murzyn stated that the proposed map would keep the precincts the same for ten years. Upon motion made by Ms. MacFarlane and seconded by Mr. Casna, following a discussion and a To accept the Final Re precincting Map, Legal Descriptions and block listings as presented. To accept the Public and Executive Session Minutes of May 10, Paul Basler, Superintendent of Streets, Trees & Parks was present to discuss the annual review of Transfer Station Sticker fees. Mr. Basler recommended that all fee remain the same as last year. Upon 3

4 motion made by Mr. Casna and seconded by Mr. Gleason, following a discussion and a vote, it was To set the fees for Transfer Station Stickers as follows: Residents $ Senior Residents (62+) Second Sticker Replacement Sticker 5.00 One day pass Mrs. Goldsmith noted the inclusion of the Department Heads Monthly Report in the Selectmen s Agenda packet, which is available for viewing on the Town s Website. Mrs. Goldsmith advised that she needed an endorsement by the Board to reduce the lease payment amount associated with the Wind Turbine Lease from $150,000 to $129,000, in order for the developer to receive the full REC payment. She noted that the reduction was necessary to make the project economically feasible for the developer and going forward the lease had a 3% escalation annually. Upon motion made by Mr. Beaton and seconded by Mr. Gleason, following a discussion and a To endorse the Wind Turbine Lease at $129,000, for the first year. The Board reviewed the request to lift the hiring freeze from the Board of Assessors to fill vacancies created by the Early Retirement Incentive (ERI) for one full time position (promotional) immediately, and one part time position effective July 1, Upon motion made by Mr. Beaton and seconded by Mr. Casna, following a discussion and a vote, Lift the hiring freeze to fill one KTEU full time position of Administrative Assessor (promotional) immediately, and one part time position, Administrative Assistant I, effective July 1, The Board reviewed the recommendation to promote Holly Merry to fill the position of Administrative Assessor and upon motion made by Mr. Beaton and seconded by Mr. Gleason, following a discussion and a To promote Holly Merry to the KTEU position of Administrative Assessor, effective immediately. Mr. Arruda announced that the Board would meet at 6:00 p.m. prior to Town Meeting on June 6 th and would forego the regularly scheduled June 7 th meeting. The Board reviewed the New Business items and took the following actions 4

5 To appoint Phil Ricardi to the Economic Development Commission Upon motion made by Ms. MacFarlane and seconded by Mr. Casna, following a discussion and a To accept, with thanks, donations as follows; Marty s GMC 6 ft. custom bench ($700) for placement at the Senior Ctr. Joanne Hutchinson 6 ft. custom bench ($700) for placement at the Senior Ctr. Kingston Garden Club 2 Lg. season planted pots for entrance of Sr. Ctr ($300) To accept the donation of a waste container from Environmental Management Consultants for use at the Ah Dee Nah. Upon motion made by Mr. Beaton and seconded by Mr. Gleason, following a discussion and a To grant a 10 car Class II Motor Vehicle License to Colonial Service Shell, Inc., DBA Kingston Super. To waive the ambulance fee as requested due to a financial hardship. To declare May 21 27, 2011 as National Safe Boating Week as requested by the US Coast Guard Auxiliary. To adjourn at 9:40 p.m. Respectfully submitted: Nancy Howlett Assistant to the Town Administrator/ Board of Selectmen 5