BOARD OF SELECTMEN MEETING January 31, 2005
The meeting was called to order at 7:35 pm. In attendance were Selectmen Andre Martecchini, John Tuffy and Betsy Sullivan, as well as Town Manager Rocco Longo.
OPEN FORUM
There was no one present under open forum.
CEREMONIAL SWEARING IN OF FIREFIGHTER ALEX MERRY
Chief Kevin Nord, along with a number of other officers and firefighters, were present to conduct a ceremonial swearing in of Alexander Merry as Firefighter/Paramedic. Mrs. Christine Merry, Alex’s mother, pinned his badge after Town Clerk Nancy Oates conducted the swearing in. The Board members welcomed our newest member of the Fire Department.
Chief Nord also expressed his thanks to his staff for helping to make the first 115 days on the job transition smoothly. Their good wishes, expertise and help were acknowledged. Chief Nord reported that as of January 1, 2005, shift commanders formerly holding the title Lieutenant have been changed to Captain to match their rank with level of responsibility.
MEETING MINUTES – JANUARY 10
Mrs. Sullivan moved to accept the minutes of January 10, 2005 as written. Mr. Tuffy seconded. The motion passed, 3-0.
BONUS SHELLFISH SEASON – FEBRUARY
Mrs. Sullivan moved to declare a bonus shellfish season for the month of February for the commercial harvesting of soft-shelled clams per Regulations B and C of Harbormaster Donald Beers’ memo of January 30, 2005, and further moved to declare a bonus shellfish season for the month of February for the commercial harvesting of quahogs per Regulations A and C of Mr. Beers’ memo, and finally to declare a bonus shellfish season for the recreational harvesting of soft shell clams per Regulation D of said memo. Mr. Tuffy seconded. The motion passed, 3-0.
ONE-DAY LIQUOR LICENSE – DUXBURY ART ASSOCIATION
The Board received and reviewed a request from Mary Beth Brown of the Duxbury Art Association for a one-day liquor license in conjunction with their annual Juried Art Show opening reception to be held on February 5, 2005 at the Duxbury Art Complex from 6 to 9 pm. They have submitted a certificate of liquor liability insurance and town departments have given their approval. They will submit a TIPPS certificate prior to the event. Mr. Martecchini moved to approve this one-day liquor license contingent up on receipt of the TIPPS certificate. Mr. Tuffy seconded. The motion passed, 3-0.
COMMITTEE APPOINTMENTS
Mr. Martecchini moved to appoint Susie Bockard to the Sidewalk and Bike Path Committee for a term to expire June 30, 2007. She was recommended by committee chair Jeff Lewis. Mrs. Sullivan seconded. The motion passed, 3-0.
Mr. Tuffy moved to appoint Richard Manning and Robert McCarthy to the North Hill Advisory Committee with terms expiring June 30, 2006. Mrs. Sullivan seconded. The motion passed, 3-0.
ECONOMIC DEVELOPMENT COMMITTEE
Mr. Martecchini announced that the Economic Development Committee will hold a forum for local business owners on Tuesday, February to discuss ideas on increasing the success of Duxbury businesses.
TOWN MANAGER REPORT
Mr. Longo reported on the following items:
· Snow and Ice operations have totaled $149,000 to date ($20,000 over budget) but commended the DPW for an outstanding job and great teamwork. The Governor declared a state of emergency that may help the town to obtain additional state aid funds.
· He reviewed the upcoming agendas.
· The need for a memorandum of understanding in lieu of an actual lease was discussed regarding the Wright Building lessons.
· The Town of Hanover has requested access to services at the new Animal Shelter. The town will wait until the shelter has been operating for a while before opening its facilities to other towns.
· Mr. Longo plans to attend a meeting on February 2 in Kingston, where the Plymouth County Retirement Board and one of their actuaries will discuss the pension fees and unfunded liabilities. Town Accountant Sheryl Strother and FAC member Frank Mangione will also attend.
· The Scituate Board of Selectmen is seeking support in their request to Congressman William Delahunt for an East Coast Tsunami warning system.
· Mr. Longo reported that online credit card payments for stickers are going very well.
At this point the manager’s report was interrupted for the next regularly scheduled agenda item.
PUBLIC HEARING – SHELLFISH AQUACULTURE GRANTS
Harbormaster Donald Beers presented the board with five shellfish aquaculture grant applications. These were reviewed a week earlier by the Shellfish Advisory Committee.
An application for 3 members of the Doyle family, all children under the age of 18, was reviewed. The members did not feel this was an appropriate or legal application due to the age of the applicants. Mrs. Sullivan moved to approve the application of Brad P. Doyle, Emily Doyle and Chadd Doyle. Mr. Tuffy seconded. The motion failed, 0-3.
The next application, William McCormick, was discussed. The Shellfish Advisory Committee had noted concerns regarding boarding and sailing activities in or near this area. Mr. McCormack reduced his request from the original 3 acres to 1.5 acres to avoid conflicts with the other activities.
Mr. Martecchini expressed concerns regarding structures, buoys, bags and other shellfishing equipment in areas of other recreational activities. Further concerns include reaching the maximum level of permissible shellfishing and the impeding of recreation al use of those areas. It is not clear exactly how many workable acres are available. Because of these concerns, Mr. Martecchini recommended a temporary moratorium on aquaculture grants. Mr. Beers indicated that the state made the same suggestion.
Mr. Tuffy moved to table the application for Mr. McCormick for up to 6 months pending further investigation. Mrs. Sullivan seconded. The motion passed, 3-0.
Mr. Tuffy moved to table the application of Robert Knecht for up to 6 months pending further investigation. Mrs. Sullivan seconded, and the motion passed, 3-0.
Mr. Tuffy moved to table the application of John Brawley for up to 6 months pending further investigation. Mrs. Sullivan seconded, and the motion passed, 3-0.
Ms. Blake Doyle appealed to the board that her grant request was for a different area. Since Mrs. Doyle’s husband already has an aquaculture grant, this would allow multiple grants within one family, which would set a precedent. Mr. Beers indicated that in some other coastal towns, those multiple grants do occur, but open the door to having major portions of aquaculture susceptible to company ownership.
Mr. Tuffy moved to table the application of Blake Doyle for up to six months pending further investigation. Mrs. Sullivan seconded. The motion passed, 3-0.
Mr. Martecchini moved to institute a temporary moratorium of the granting of shellfish aquaculture grants for up to six months. The Shellfish Advisory Committee will review the regulations and the aquaculture grant program and report their findings. Mrs. Sullivan seconded. The motion passed, 3-0.
POLE HEARING – BOW STREET
Darryl Crossman, manager of rights and ways for Verizon, was present to request relocating a utility pole on Bow Street to access a new home and to avoid having existing lines cross another homeowner’s property. Resident Bebe Watson asked if this would eliminate the pole on her property and was told it would.
Mrs. Sullivan moved to approve one new pole (#10) on Bow Street as outlined in Mr. Crossman’s request and amended the motion to include removal of the unused pole. Mr. Tuffy seconded. The motion passed, 3-0.
SIGNING OF AGRICULTURAL PRESERVATION AND CONSERVATION RESTRICTIONS (O’NEIL FARM)
CPC member Pat Loring requested that the board sign an agricultural preservation restriction for the O’Neil Farm land. This will be closed on February 10, 2005. She thanked Mr. Martecchini and Conservation Administrator Joe Grady for their input regarding these documents, and added that they had been reviewed and approved by Town Counsel. She further requested a Conservation Restriction to apply to the 18-acre farmstead parcel with its buildings, barns, etc.
The remaining 122 acres, under the APR, would remain woods and fields, co-held by Duxbury and the Mass. Department of Agriculture. Public access to this land would be guaranteed.
Mr. Tuffy moved the Board vote to approve the Conservation Restriction for the Duxbury Conservation Commission on the O’Neil Property. Mrs. Sullivan seconded. The motion passed, 3-0.
Mr. Tuffy further moved the Board vote to approve the Agricultural Preservation Restriction with the Wild lands Trust and the town of Duxbury holding this restriction jointly, for the O’Neil property, as outlined in MGL184, sections 31-33. Mrs. Sullivan seconded. The motion passed, 3-0.
Planning Director Christine Stickney notarized the executed documents.
TOWN MANAGER FY06 BUDGET REVIEW
Mr. Longo reviewed the latest version of the budget, which is now balanced.
EXECUTION OF GROUND LEASE – TOWN AND DUXBURY HOUSING AUTHORITY
Town Manager Rocco Longo recommended the Board execute the Ground Lease agreement between the Town of Duxbury and the Duxbury Housing Authority. Mr. Tuffy moved the Board sign the agreement to go forward with the Delano Property plans to build a group home for qualified residents. Mrs. Sullivan seconded. The motion passed, 3-0.
OPENING AND CLOSING OF ANNUAL TOWN MEETING WARRANT
Mr. Martecchini moved to open the Annual Town Meeting Warrant. Mrs. Sullivan seconded. The motion passed, 3-0.
Since the vote on December 20, 2004, the following changes are requested:
Remove Articles 13 and 15
Change sponsorship of “old” article 19 (Zoning Changes Involving Bay) to the Board of Selectmen
Change sponsorship of “old” article 18 (Formation of a Duxbury Bay Commission) to the Board of Selectmen
Delete “old” article 30 – duplicates FIRM Map article
Add “new” article 30 (Adopt New Affordable Housing Trust Fund) and sponsor by BOS
Add “new” article 31(Restoration of Bluefish River Fire House) and sponsor by CPC.
Mr. Martecchini then proceeded to read the entire list of articles.
Mrs. Sullivan Moved to close the Annual Town Meeting Warrant. Mr. Tuffy seconded. The motion passed, 3-0.
TOWN MANAGER’S REPORT CONTINUED
Mr. Longo reported on the following items in addition to subjects discussed earlier:
· FY 06 Budget Presentation
· Workplace Violence Team – invited to present their program to Mass. Municipal Personnel Association meeting in April. The Team will attend and be part of a forum that includes 2 experts on the subject.
· Mr. Longo asked the Board to review the contract between Alexander Feingold and Associates.
· Old Tremont Street, a short loop of side street off Tremont Street, will be included in the upcoming paving and drainage projects. DPW Director and Town Engineer Tom Daley will design plans if the state agreed to include this portion, and they did.
· The Town Accountant included a report outlining revenues year to date.
· DEP granted the Town a $5,180 grant for a roll-off container to be used at the transfer station.
· The Historic Preservation for the National Trust granted $700 to the Historical Commission (matching funds) to develop a historic district brochure.
· The Town Planner received a grant for $6,750 from the Mass. Housing Finance Agency to help develop affordable housing.
· The State SJC decided in favor of the Conservation Commission in a case brought forth by Edgar Loring.
· John Leonard of the Duxbury Beach Reservation presented a written report of revenues and expenses.
· Mr. Longo gave an update of the most recent department heads’ meeting.
· Mr. Daley, DPW Director, provided a “Wood Science Report” for the Powder Point Bridge.
· DHCD has recognized the increase in affordable housing after the completion of the Delano group home.
· Nstar has granted the town $1,000 in credit at Sylvan Nurseries. This credit is to be used for plantings in utility areas.
SIGNATURES
The Board was presented with documents regarding sewer usage charges. Mrs. Sullivan moved to approve the Bay Road Sewer Charges from March, 2004 – September, 2004 (FY 05 “A) effective 2/1/05. Mr. Tuffy seconded. The motion passed, 3-0.
Mrs. Sullivan moved to approve the Snug Harbor/Bluefish Sewer Charges from March, 2004 – September, 2004 (FY05 “A”) effective 2/1/05. Mr. Tuffy seconded. The motion passed, 3-0.
CHANGE IN MEETING TIME FOR 2/7/05
The Board agreed to start the meeting on 2/7/05 at 7:00 pm due to the full agenda.
ADJOURNMENT
The meeting adjourned at 10:02 pm.
Nancy Davidson
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