BOARD OF SELECTMEN December 9, 2002
The meeting was called to order at 7:37 p.m. Present were Selectmen Elizabeth Sullivan, Chairman John Tuffy and Town Manager Rocco Longo.
OPEN FORUM: There was no one present for this portion of the meeting.
PUBLIC HEARING – TRANSFER STATION FEES: Transfer station fees were reviewed and recalculated, with input from a citizens advisory committee and the Fiscal Advisory Committee. A vote to adopt these rates had to be retaken since the rates had not been publicly advertised or filed with the Town Clerk prior to that vote. Subsequently, the rates were advertised and filed as required.
Betsy Sullivan moved to reaffirm the Board’s previous vote for an increase in transfer station fees. John Tuffy seconded. The motion passed, 2-0.
BOND EXECUTION: The Treasurer has borrowed a sum of $2,246,000 for permanent financing for various projects including the Bay Road sewer project, fire department pumper, Millennium Green, Herring Weir Road water line, Merry land and well projects and PCE pipe expenses. A.G. Edwards offered the lowest bid at 3.6542% actual interest rate.
Betsy Sullivan moved to accept the low bid from A.G. Edwards for the purpose of borrowing $2,246,000 for permanent proposed bonding. John Tuffy seconded. The motion passed, 2-0.
It was noted that the Town’s bond rating is AA+ with Standard and Poor’s (an improvement) and AA2 (the same) with Moody’s.
TOWN MANAGER’S BRIEF:
Warrant: Mr. Longo reminded the Board that the Warrant for the Annual Town Meeting will close at the next Selectmen’s meeting and the Board will need to vote to close the warrant at that time.
Budget Presentation: Mr. Longo plans to present the Town Budget at the next Selectmen’s meeting (12/16).
NOTICE OF INTENT TO SELL LAND: Edgar Loring has notified the Town of his intent to sell 6 acres of land (3 acres in Duxbury and 3 in Kingston) consisting of active cranberry bogs and swamp land. Notices of this sale will be sent to the Conservation Commission, Planning and Assessing Departments, and Community Preservation Committee.
PETITION TO RELOCATE POLE ON VALLEY ST.: Verizon New England and Commonwealth Electric Company have petitioned the town for permission to relocate a utility pole on Valley Street to accommodate the location of a new subdivision road.
Betsy Sullivan moved to accept as presented the petition to move pole #9 on Valley Street 25 feet in a southeasterly direction. John Tuffy seconded. The motion passed, 2-0.
DONATION – CONSERVATION FUND: Betsy Sullivan moved to accept the gift made by the Village of Duxbury in memory of Florence Bennett in the amount of $50. John Tuffy seconded. The motion passed, 2-0.
JOHN TUFFY MOVED TO ADJOURN AT 8:00 PM AND RECONVENE AT 8:30. BETSY SULLIVAN SECONDED. THE MOTION PASSED, 2-0.
ANDRE MARTECCHINI ARRIVED AT 8:10 P.M.
AT 8:30 PM THE MEETING RECONVENED IN OPEN SESSION.
LIQUOR LICENSE VIOLATIONS: Present for this portion of the meeting was Police Chief Mark DeLuca. He discussed the compliance checks that took place on October 25 and 26, 2002. Twelve establishments (package stores and restaurants) were tested and five of twelve sold or served alcohol to a twenty-year old undercover police officer. Three were first-time offenders and two were second offenses.
Millbrook Market: Present were Gary and Susan Durant, owners, and their son, Jesse. This was their second offense (March, 2000 being the first). Mr. Durant has fired the cashier who sold beer to this officer and has purchased a scanner that will read the identification to calculate the age of the buyer. He has joined MassPack and is engaged in Tams training and will have all new cashiers trained.
Andre Martecchini moved that the Board of Selectmen, as licensing authority, invoke a 3-day suspension of liquor sales for Millbrook Market for their second offense for January 8, 9, and 10, and provide evidence of Tams training for their employees to the Board of Selectmen. Betsy Sullivan seconded. The motion passed, 3-0.
Duxbury General Store: Present were Nancy McDonough and Robert Fernandes, owner, and Nick Rubbo, clerk involved in the sale. This was a second offense for the store. Ms. McDonough spoke on behalf of Mr. Rubbo’s character. Mr. Rubbo addressed the Board, stating that he had met the officer about a week earlier, they had discussed the fact that she was a part-time police officer and he did not think a police officer would try to buy alcohol if she were under aged. Ms. Sullivan pointed out that Mr. Rubbo was aware that he and the officer both graduated from high school the same year, and he is not of legal age to purchase beer.
Andre Martecchini moved that the Board of Selectmen, as licensing authority, invoke a 3-day suspension of liquor sales for the Duxbury General Store for their second offense for January22, 23, 24, and provide evidence of Tams training for their employees to the Board of Selectmen. Betsy Sullivan seconded. The motion passed, 3-0.
Tsang’s Café: Present for this portion was Wayne Tsang, Manager. He stated that the server checked the ID but was careless and had miscalculated the officer’s age. He said his servers had been trained and were up to date in their training.
Andre Martecchini moved that the Board of Selectmen, as the licensing authority, issue a letter of reprimand to Tsang’s Café and require Tsang’s to provide proof of evidence of Tips training. Betsy Sullivan seconded. The motion passed, 3-0.
Wildflower Café: Present was owner Tom Bissette. He stated that the server did not ask for and ID although the staff had thought about it. They have not had Tips training.
Andre Martecchini moved that the Board of Selectmen, as the licensing authority, issue a letter of reprimand to Wildflower Café and require Wildflower Cafe to provide proof of evidence of Tips training. Betsy Sullivan seconded. The motion passed, 3-0.
Duxbury Wine and Spirits: Joe Carroll, owner, was present for the meeting. He attributed this sale to human error and made his apologies.
Andre Martecchini moved that the Board of Selectmen, as the licensing authority, issue a letter of reprimand to Duxbury Wine and Spirits and require Duxbury Wine and Spirits to provide proof of evidence of Tams training. Betsy Sullivan seconded. The motion passed, 3-0.
Minutes: Betsy Sullivan moved to accept the minutes of 11/25/02 as presented. John Tuffy seconded. Andre Martecchini did not vote as he was not present at this meeting. The motion passed, 2-0.
Andre Martecchini moved to accept the minutes of December 2 as presented. Betsy Sullivan Seconded. John Tuffy did not vote as he was not present at this meeting. The motion passed, 2-0.
MOVE TO ADJOURN: Betsy Sullivan moved to adjourn at 9:05 pm. Andre Martecchini seconded. The motion passed, 3-0.
Nancy Moody
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