BOARD OF SELECTMEN June 3, 2003
The meeting was called to order at 7:32 p.m. Present were Chairman Elizabeth Sullivan, Selectmen John Tuffy and Andre Martecchini and Town Manager Rocco Longo.
OPEN FORUM:
Residents’ concerns regarding the proposed Fiscal Oversight Committee were discussed. Former Selectmen, John Leonard raised objection to the formation of the Committee, indicating the Fiscal Advisory Committee was charged with that responsibility 17 years ago. Mr. Leonard recommended the Board utilize what has already been established for fiscal oversight. He further indicated that creative, effective, leadership is needed by the Board.
J. R. Kent, a member of the Finance Committee recommended positive leadership and that a Capital Budget should be developed 5 years out. Gale Willauer, also a member of the Finance Committee, expressed concern that the Finance Committee would no longer have any authority and adding another layer of meetings would be redundant.
Mrs. Sullivan noted she is not trying to reinvent the wheel or diminish the charge. The new committee’s goal will be to exchange information to insure everyone is on the same page. Mr. Tuffy agreed with Mrs. Sullivan. He further noted the committee was not meant to create another layer of bureaucracy, rather force coordination and information sharing between the Finance Committee and Fiscal Advisory Committee. Mr. Martecchini indicated one of the goals of the Committee would be to provide an update on revenues on a monthly basis.
Others who voiced their opinions in favor of the Fiscal Oversight Committee were Don Butler, Chairman of the Fiscal Advisory Committee, Frank Mangione, Chairman of the Finance Committee, Joan Edgar and James MacNab, Co-Chairs of the 4th of July Committee.
4TH OF JULY PARADE
Joan Edgar and James MacNab, Co-Chairs of the 4th of July Committee updated the Board on their plan for the 111th Fourth of July Parade and the 2003 Beach Party. The theme of which is “Let Freedom Ring”. Their plan detailed the following items:
Trolley service
Traffic flow
Food concession
Toilets
Stage
Entertainment & Activities
Bonfire and
Cleanup.
Mrs. Sullivan thanked the Committee for all of their efforts and noted how wonderful it was there was so much community spirit.
5TH OF JULY TRAFFIC PLAN
Police Chief Mark DeLuca presented the 5th of July Traffic Plan to the Board as follows:
1. King Caesar Road will be one way going out to the Bridge.
Powder Point Avenue will be one way coming from the Bridge to the flagpole.
Chief DeLuca requested the traffic plan be implemented for July 5, 2003 from 4:00 p.m. to 11:00 p.m. He indicated this plan would allow any emergency vehicle to access the roads without delay leading to the Powder Point Bridge, therefore insuring the safety of the public.
Chief DeLuca also noted a letter from Chief William Harriman containing sign-off on the event from the Fire Chief, Police Chief, Harbormaster, Health Agent, Conservation Administrator, DPW Director, and Director of Inspectional Services
Mr. Tuffy moved the Board to accept the one-way traffic plan from 4:00 p.m. – 11:00 p.m. as detailed in Chief DeLuca’s May 13, 2003 memo. All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0.
TEMPORARY BORROWING – SIGNING OF NOTES
Mr. Longo recommended the Board of Selectmen sign the note representing short term borrowing in the amount of $825,000 at a rate of 1.42% from the Eastern Bank to cover short term borrowing needs for year end.
Mr. Tuffy moved the Board of Selectmen accept the bid from the Eastern Bank in the amount of $825,000. . All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0.
HEARINGS FOR RENEWAL OF AQUACULTURAL LICENSES
Harbormaster, Donald Beers presented the Board with three applications for renewal of their Aquaculture Licenses. The applicants are William Bennett, Don Merry and Christian Horne. Mr. Beers noted the Shellfish Advisory Committee met to address the applicants’ compulsory review and renewal requests. A presentation was given by the applicants with public participation and comment. The Shellfish Advisory Committee recommends favorable action by the Board of Selectmen to renew all three leases for terms not to exceed 10 years as allowed by law.
Mr. Tuffy moved the Board of Selectmen renew the licenses for 10 years as described in the application for Aquaculture Licenses for William Bennett, Don Merry and Christian Horne, as discussed this evening. All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0.
NUCLEAR ADVISORY COMMITTEE
Mrs. Mary Lampert presented the following to the Board:
1. As a follow-up to Article 6 of the Special Town Meeting held on May 5, 2003, the Nuclear Advisory Committee provided the Board with draft letters to Government Officials. Mr. Martecchini indicated the Board would review the letters and probably shorten them. Mrs. Lampert also recommended coordinating efforts with other Towns for a collective voice.
2. Last January a letter was sent to MEMA with recommendations relative to their implementing procedures. The Nuclear Advisory Committee would like the Board to ask the MEMA Regional Planning Director to come to a Board of Selectmen meeting for discussion.
3. Certification of the Emergency Management Plan for Duxbury is done on a yearly basis. The Nuclear Advisory Committee is recommending that sign-off be done annually at a Board of Selectmen’s meeting. Mr. Martecchini indicated the Board would like to consider it, but is not sure how to implement it.
4. Busses housed at Chandler are not for exclusive use by Duxbury Schools and may be used by Plymouth to take children to Taunton. The Nuclear Advisory Committee recommended these buses are exclusively for Duxbury’s use and the Board write a letter to MEMA to that effect. The Board noted they were in agreement with the Committee and would write a letter to MEMA.
5. Mrs. Lampert informed the Board there are currently two openings on the Nuclear Advisory Committee. She expressed the Committee’s concern that having a representative from Entergy on the Nuclear Advisory Committee would present a conflict of interest and that it was important to have independent oversight. Robert Troy, Town Counsel indicated unless there is a nexus, there would not be a conflict of Interest. Mr. Tuffy noted he was not opposed to it.
EXECUTIVE AGREEMENT FOR AFFORDABLE HOUSING/MERLET/DELANO PROPERTY
Robert Troy, Town Counsel provided the Board with an update on the proposed agreement between the Duxbury Housing Authority and the South Shore Habitat for Humanity with regard to the Delano/Merlet property. He indicated that Duxbury is the leader in the Community Preservation process. He has completed drafting, along with Pat Loring, a Conservation restriction on the Delano/Merlet properties. He further noted the housing portion is more difficult in that the support structure by the State is not as well defined, and because of that he is proceeding, but not at the same speed.
Attorney Troy recommended setting up meetings with the Town Manager and staff and any local resources to fine-tune the agreement. He also recommended the Delano house be established as one unit. Mr. Tuffy noted a family unit is considered to be 2 adults with children as opposed to many adults living in one home. Ms. Holly Morris stated the CPC also looked at the properties as two single units and the intent was to present it as such. Attorney Troy noted the Merlet property is made up of two lots, one with a conservation restriction. The proposal is for one house (Habitat for Humanity can only do one).
Mrs. Sullivan noted the Board would like Affordable Housing to get off to a healthy start and it would not be in the best interest of the Town to do otherwise.
A meeting was tentatively scheduled on Thursday, 6/5/03 with the Town Planner, Conservation Administrator, Director of Inspectional Services and representatives from the Affordable Housing Committee for further discussion.
BUSINESS
TOWN MANAGER’S BRIEF
Mr. Longo did not have a Town Manager’s Brief.
REQUEST FOR A ONE-DAY LIQUOR LICENSE
Mr. Tuffy moved the Board grant a One-Day Liquor License to the Duxbury Beach Preservation Society to hold their Annual Fundraiser on June 21, 2003 from 7:00 p.m. – 12 midnight on the Waterfront Lawn at Battelle, located at 390 Washington Street with the condition that all requirements of the Inspection Services Department have been met. . All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0.
Mrs. Sullivan noted that a $1,000,000 Liquor Liability Insurance Policy listing the Town of Duxbury as additional insured had been obtained; a list of TIP’s certified bartenders who will be serving the night of the event was submitted, and approval letters from Chief William Harriman, Chief Mark DeLuca and Richard MacDonald, Director of Inspectional Services were obtained.
BONUS SHELLFISH SEASON – JUNE 2003
Mr. Tuffy moved the Board declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of June 2003 as outlined in the regulations in attachments B & C. All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0. (Attachments have been made part of these minutes)
Mr. Tuffy moved the Board declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of June 2003 as outlined in the regulations in attachments A & C. All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0. (Attachments have been made part of these minutes)
ORDER OF TAKING – HERRING WEIR ROAD
Mr. Longo noted the Order of Taking relates to a vote taken under Article 37 of the warrant of the 2003 Annual Town Meeting.
Mr. Tuffy moved the Board execute the Order of Taking for Herring Weir Road. . All in favor Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion passed 3-0.
COMMITTEE APPOINTMENTS
4th of July Committee
Mr. Tuffy moved the Board of Selectmen appoint Margaret Kearney to the 4th of July Committee for the year 2003. All in favor, Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion was passed 3-0.
Fiscal Oversight Committee
Mr. Tuffy moved the Board of Selectmen appoint Jean Jackson to the Fiscal Oversight Committee for a term of one year to expire on 6/30/04. All in favor, Mr. Martecchini “aye”, Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion was passed 3-0.
Board of Appeals (5 Year Term)
Mr. Martecchini moved the Board of Selectmen appoint Mr. Mark Moriarty to the Board of Appeals for a five-year term to expire 6/30/08. All in favor, Mr. Tuffy “aye”, Mrs. Sullivan “aye”, Mr. Martecchini “aye”. The motion passed 3-0.
Board of Appeals – Alternates (1 Year Term)
Mr. Martecchini moved the Board of Selectmen re-appoint Mary Jo Pierce, Paul Koehane, Y. Oktay, Gabriel Crocker, Martin Desmery and Paul Kalous as Alternates to the Board of Appeals for a one-year term to expire on 6/30/04. All in favor, Mr. Tuffy ‘aye’, Mrs. Sullivan “aye”, Mr. Martecchini “aye”. The motion passed 3-0.
Shellfish Advisory Committee
Mr. Martecchini moved the Board of Selectmen re-appoint Dan Baker, Marc Riley and Robert Loring to the Shellfish Advisory Committee for a three-year term to expire on 6/30/06. All in favor, Mr. Tuffy ‘aye’, Mrs. Sullivan “aye”, Mr. Martecchini “aye”. The motion was passed 3-0.
Community Development Committee
Mr. Martecchini moved the Board of Selectmen appoint Dana Narlee as a member of the Community Development Committee for a term of one year to expire on 6/4/03. All in favor, Mr. Tuffy ‘aye’, Mrs. Sullivan “aye”, Mr. Martecchini “aye”. The motion was passed 3-0.
Mr. Martecchini noted he plans to attend a meeting with the Conservation Commission on June 17, 2003 to interview potential candidates.
King Caesar Advisory Committee
Appointment to this committee was postponed until the next Board of Selectmen meeting.
Mrs. Sullivan moved to adjourn the meeting at 10:00 p.m. Mr. Tuffy seconded the motion. The motion passed 3-0.
Karen McCann
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