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2003-3-31 Board of Selectmen Minutes




BOARD OF SELECTMEN                                                March 31, 2003

The meeting was called to order at 7:30 p.m.  Present were Chairman Elizabeth Sullivan, Selectman Andre Martecchini and Town Manager Rocco Longo.   John Tuffy was not present.

OPEN FORUM:  There was no one present for this portion of the meeting.

REQUEST FOR SPECIAL TOWN MEETING:  The Selectmen discussed a citizens’ petition which had been presented to them, and had been certified by the Town Clerk as having 279 certified signatures.

The petition calls for a special town meeting to readdress an article previously defeated at the Annual Town Meeting.  This would allow kindergarten parents the choice of full-day programs instead of the traditional half-day kindergarten.

Town Counsel Robert Troy provided a written response to this petition.  He confirmed that it meets legal requirements and that a Special Town Meeting must be called by May 10, 2003 at the latest.  However, there is still an issue as to whether or not town meeting can legally act on the revolving fund article.  This issue requires Department of Revenue review and Mr. Troy will provide a more detailed opinion once this information has been received.

Jeanne Clark of Surplus Street asked about adding additional warrant items to this Town Meeting.  It was agreed by the Town Manager and the Selectmen that any warrant articles should be submitted no later than April 14 to allow sufficient time to validate all signatures (100 minimum) and prepare the warrant.  The completed warrant needs to be posted 14 days prior to the meeting date.

Andre Martecchini moved to set the Special Town Meeting date of May 5 at the Duxbury High School, with an alternate date of May 6 to hear a citizens’ petition  for Full Day Kindergarten Program.  Betsy Sullivan seconded.  The motion passed, 2-0.

DISCUSSION – DOGS ON THE BEACH:  Harbormaster Donald Beers addressed the Board at this time.  This program currently provides free permits to owners of licensed dogs, allowing them access to areas of Duxbury Beach per conditions outlined in the Duxbury Beach Dog Control Program rules.  A copy of these rules is attached to these minutes.

Presently the permits are available through the receptionist at Town Hall.  Occasionally the Harbormaster will provide them on weekends only if a dog owner is unable to get to town hall during the week.  This is because there is no cash involved.

In the pilot year, 2002, there were 1128 permits issued.  Only four non-criminal dispositions were recorded at $50 each.  These were not contested.  The owners had simply ignored the requirement of obtaining a permit and paid the fine instead.

Mr. Beers complemented the involvement of the Animal Control Officer and the beach lifeguards in helping to monitor dog problems on the beach.

Mr. Martecchini pointed out that originally, a $10 fee had been contemplated but was decided against.  He asked if the costs involved now justify a fee for these permits.

Mr. Beers and Mr. Longo both recommended keeping the permits free for another season while continuing to monitor the costs involved.   Mrs. Sullivan suggested that if a fee were involved, a tag rather than a piece of paper could be given to the owner.

SWANSON PROPERTY PURCHASE AND SALE AGREEMENT:  Andre Martecchini moved to execute the Purchase and Sale Agreement for the parcel owned by Paul Swanson as voted at Town Meeting, identified as Parcel No. 020-033-000 and consisting of 11.52 acres, more or less.  Betsy Sullivan seconded.  The motion passed, 2-0

TOWN MANAGER REPORT:
MEMA REIMBURSEMENT:  The DPW will pursue approximately $28,000 in reimbursement for snow removal operations.  This represents a 75% reimbursement.

QUARTERLY REVENUE REPORT:  The third quarter revenue report will be delayed until close to June.  Revenue projections will be met as anticipated.

2004 ANNUAL TOWN MEETING CALENDAR:  Calendars for 2004 ATM schedule as well as FY 2005 budget have been prepared.

INSURANCE DISCOUNT PROGRAM:  MIIA is offering a discount program that hinges upon education of committee, commission and board members.  Each committee, board, commission, is asked to view a 12-minute video on conducting public meetings.

The Zoning, Conservation and Planning Boards are asked to adopt a general policy and checklist that reinforces compliance with applicable statutes.   The School Committee will do the same with a video specialized for them.

HEALTH INSURANCE TRUST AND HMO:  Mr. Longo will provide the Board with an update next week.

SPECIAL TOWN MEETING:  May 5 is a good date for Allen Bornheimer, Bob Troy, Mickey McGonagle and Eileen Williams.  The final date is May 10.

STICKER REPORT:  This will be provided within the next two weeks.  At this point the second (formerly free) sticker is down in sales by about 50%.

UNION NEGOTIATIONS:  Can be discussed on either April 7 or 14.  The board would prefer the 7th.

BONUS SHELLFISH SEASON:  Andre Martecchini moved to declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of April per Don Beers’ memo of March 28, attachments B and C and to declare a Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of April per said memo, attachments A and C.

Betsy Sullivan seconded.  The motion passed, 2-0.

TREE CITY USA:  The National Arbor Day Foundation recognized Duxbury as a Tree City USA for the twelfth consecutive year.  Mr. Longo credited the DPW staff and Peter Buttkus in particular for their outstanding work.  They will receive a letter of congratulations for their effort.

THANK YOU – DUXBURY BOOSTERS:  The Duxbury Boosters Club provided funding for a new diving board at the Percy Walker Pool.  Andre Martecchini moved that the Board of Selectmen graciously accept $2,538 for the new diving board at the pool.  Betsy Sullivan seconded.  The motion passed, 2-0.

COMMITTEE APPOINTMENTS:  Mrs. Sullivan announced that the Board was accepting Talent Bank Applications for committee appointments.  The Board members will be provided with a list of committees that have upcoming openings.

Mrs. Sullivan asked to be provided with the amended motion from Town Meeting regarding the formation of a Student Center study committee (ad hoc).  Mr. Longo indicated it would be provided.

NUCLEAR ISSUES FORUM:  Mr. Martecchini announced that there would be a forum on Nuclear Issues on Tuesday, April 1, 2003 at 7:30 at the Duxbury Senior Center on Mayflower Street and that the forum was open to the public.

AFFORDABLE HOUSING:  Mrs. Sullivan asked that this committee be added to an upcoming agenda to review their charge and be updated on the committee’s work.  They should be given ample time to prepare their report.

Andre Martecchini moved to adjourn at 8:10 pm.  Betsy Sullivan seconded.  The motion passed, 2-0.

Nancy Moody