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05-16-05 Board of Selectmen Minutes
The meeting was called to order at 7:30 pm.  In attendance were Selectmen John Tuffy Chair, Elizabeth Sullivan, Andre Martecchini and Town Manager Rocco Longo.

OPEN FORUM: There was no one present under Open Forum.

BUSINESS:  Proclamation – Armed Forces Day.  John Tuffy moved to sign a proclamation honoring veterans.  Elizabeth Sullivan seconded.  The motion passed, 3-0

POLE HEARING #2005-13 P31/48-1 FRANKLIN STREET:
Verizon representative, Mr. Daryl Crossman was present.  Four abutters were notified of Verizon’s proposal to install a new pole and of this hearing.  John Tuffy asks all present if anyone wished to speak concerning the proposed work.  No one responded.
Andre Martecchini moved to approve the request.  Elizabeth Sullivan seconded.  The motion passed, 3-0.  (Note:  At the end of open session, two abutters approached the Board inquiring about the hearing.  Neither was present during the hearing.  One neighbor had concerns related to location of the pole and an easement.  The Board asked the Town Manager to look into the situation and to report back to the Board at the next meeting.  The Board agreed not to sign the petition until the issues were resolved)

COMMITTEE APPOINTMENTS: Council on Aging
Elizabeth Sullivan moved to reappoint Richard Whitney and Rev. Elizabeth Stevens to a 3 year term on the Council of Aging, and to appoint John Hill and Jennifer Reid to 3 year terms beginning July 1, 2005.  Andre Martecchini seconded. The motion passed 3-0.  

TOWN MANAGER’S BRIEF:

Rocco Longo said he has accepted the Town Manager position in Billerica.
Presented monthly report – fiscal report to the Board.
Presented for discussion FY 07 Budget Process template.  John Tuffy suggested that it be presented to the Finance Committee and Fiscal Advisory Committee.
Presented revised “Cherry Sheet” – additional state funds may be available to Duxbury.
Made Board aware of Transportation Committee Conference.  Regional Bus services discussed, specifically concerning the elderly in the South Shore.
Bay State Gas notified Duxbury of a 3% rate increase for typical residential users.
Gave an update on revenue of resident, non-resident and transfer station stickers.
Superior Court Decision provided by Town Counsel Pine Point Realty Trust v. Town.
Presented report from the Department of Inspectional Services.  Permit value for the month of April was $1,458,540.
Town Counsel gave opinion relative to an ANR plan for Habitat for Humanity to develop one affordable housing unit.
Presented a letter from the Highway Safety Committee supporting the Powder Point Bridge repair.

SHELLFISH RULES AND REGULATIONS:

Presentation ws made by Harbormaster Don Beers.  Shellfish Advisory Committee recommends changes to Shellfish Rules and Regulations.  All proposed revisions follow State rules. Mr. Beers discussed adding buoys for marking of hard structures.  Recommended amending the following sections:
8.3 Marking of Boundaries.
8.4.1 Marking and Removal of Equipment.
8.8.2 Prohibitions (seed/stock transfer).

Mr. Bill Bennett spoke about concerns voiced about buoys being a hazard.  He indicated that they have had good results, no problems, with Bayside Marine buoys.  Buoys proposed by town will be similar.

Mr. William Driver spoke concerning shellfish disease in Wellfleet – it is a quahog disease.  The disease is deadly to quahogs but not to humans.  Duxbury is not experiencing problems with this type of disease.

Open discussion took place regarding the restrictions placed upon where shellfish seed stock can be obtained.  Mr. George Shamma concurred with limiting where shellfish seed can be obtained.

Elizabeth Sullivan moved to approve the proposed revisions to the Shellfish Rules and Regulations.  Andre Martecchini seconded. The motion passed, 3-0.

AQUACULTURE SHELLFISH RENEWALS:

George Shamma and Brad Doyle spoke briefly about their ongoing efforts and costs to maintain their shellfish grants.  The Shellfish Advisory Committee recommended approval of the 10-year grant request for Mr. Shamma.  All paperwork was in order.  Andre Martecchini moved to approve a 10 year extension of the aquaculture grant for George Shamma.  Elizabeth Sullivan seconded.  The motion passed, 3-0.

The Shellfish Advisory Committee recommended approval of the 10-year grant request for Mr. Doyle.  All paperwork was in order.  Andre Martecchini moved to approve a 10 year extension of the aquaculture grant for Brad Doyle.  Elizabeth Sullivan seconded.  The motion passed, 3-0.

FISCAL PLANNING SESSION:

Mr. Longo said that there will be a fiscal planning session on May 24, 2005 @ 7:30 PM at the Library. The meeting is open to the public and all department heads to discuss budget planning and the need for a possible override.  Andre Martecchini recommended  that we include an overview of what an override is, and what Duxbury’s history with overrides has been.

COMMITTEE APPOINTMENTS:

Andre Martecchini moved to appoint Mr. Evan Sobran to the Economic Advisory Committee for a term to end on 6/30/07.  Elizabeth Sullivan seconded.  The motion passed, 3-0.

LETTER TO SELECTMEN:

John Tuffy read an anonymous letter which was received by the Board.  The letter informed the Board of Selectmen that toxic waste (soil contaminated by lead) was secretly dumped by the police department on recreation fields.  

Rocco Longo reported that the charges were investigated.  He said that at some point, maybe as long as 15 years ago, several police officers volunteered to make a gym and locker room in the basement of the police station where a shooting range used to be.  The officers removed soil that contained lead from old bullet shells.  Approximately two cubic yards were removed over time and taken to the transfer station and dumped as waste material.  He knows of no dumping of any waste at the Keene Street playing fields.
More recently, Police Chief Mark De Luca contacted Mr. Longo to clean up any contaminated materials in the Police Department.  At that time, the town went through a bid process and the contaminated soil was properly removed with a manifest tracking its disposal.  Rocco Longo also noted that the DEP made a concurrent investigation and concluded that there was not sufficient cause to bring any action against the town.

FOURTH OF JULY PLANNING:

Jamie McNab and Margaret Kearny from the 4th of July committee were present to discuss this years plans for the 4th of July.  The parade will start at 2:00 PM. The annual beach party will take place on Saturday, July 2, from 4 to 10 PM.  The 113th parade will take place on Monday, July 4th and the theme is “American Movie Classics.”  Mr. MacNab said the beach party would offer some of the same events as in previous years, such as a crazy hat contest for children and bands such as Plankton, and Cheech and the Reggae Bubblers and others to be announced.  The committee plans activities for children and adults, to involve the entire family.  The highlight of the beach party, the bonfire, will be lit at 9 PM.  The bonfire will be the same size as last year (250 pallets), which is smaller than in years past.  It will be timed according to the tide and located with sensitivity to the location of any endangered species. The Endangered Species Officer (ESO) and members of the Fire Department will be on hand to monitor the bonfire. A food concession will be managed exclusively by the Corner Stone Lodge, to be located in the South end of the overflow parking lot.  Corner Stone Lodge will seek all permits needed.   Police to notify the ice cream vendor that he cannot be at the beach during this event. We may have local or school organizations sell collectibles.

Stage:  Professional installation of the stage, sound equipment and lighting.  The stage will be set up in the same location; left of the handicap accesses ramp.  We will coordinate with the ESO Officer, Fire and Police Departments for any emergency planning they feel is necessary. (See Beach Illustration)

Toilets:  Adequate toilet facilities will be located near the middle crossover, away from the food court.  Plus three sinks - one near the food area and two at toilets. (See Beach Illustration) Toilets will be open to public at 2:00 PM.  Previous years: 2004 – six units plus one handicapped, two sinks.  Proposed for 2005-6 units plus one handicapped and three sinks.

Clean up: Committee will police the beach and pick-up trash. We provide a Dumpster and twelve additional trash containers, with hourly trash pick-up during the festivities.  The committee will return early the next morning @ 6:00 AM for a final clean up.
High tide will be at 9:16 PM and height of tide 10.2 ft., so we will plan accordingly.
Traffic to be routed for the best flow during the events.  Additional parking at Blakeman’s will be free to Duxbury residents.

Generator Locations: There will be two large generators located to the right of the handicap ramp, they will be grounded and out of reach.  There will also be two small generators located at the start of each path (to be supplied by Police Dept.)  These will be for path lighting only, and will be placed near to fence and out of foot traffic area.  

July 4th Committee co-chairman Margaret Kearney said the fundraising efforts are off to a good start but approximately $14,000 is still needed.  The celebration costs $30,000 and every year the committee tries to raise $20,000, while the town budgets $10,000.  
Margaret Kearney said a town-wide mailing had a great response and one-third of the money was raised a week after the appeal went out.  However, more funds are needed, she said.  Donations may be made out to the Margery Parcher fund, PO Box 1743, Duxbury, MA  02331.      

Elizabeth Sullivan moved to approve the July 4th plans as presented.  Andre Martecchini seconded.  The motion passed, 3-0.

FOURTH OF JULY COMMITTEE:

Elizabeth Sullivan moved to appoint the following people to a one year term on the 4th of July Committee:  Janet Ritch (Co-Chair), Margaret and Bill Kearney, Connie S. Dennis, Don and Nancy Reed, Dave Robinson, Joan Edgar, Bob Dente, Jamie MacNab, Jeff Goldman, and Amy and Brian Hill.  Andre Martecchini seconded.  The motion passed, 3-0.



EXECUTIVE SESSION:

At 8:50 PM John Tuffy moved to go into executive session in accordance with MGL Ch. 39, section 23B, ss3 to discuss litigation and to immediately reconvene in open session to adjourn.  A roll call vote was taken:  Mrs. Sullivan, aye; Mr. Martecchini, aye; Mr. Tuffy, aye.  

ADJOURNMENT

At 10:20 PM the executive session ended and the meeting reconvened in open session.

Mr. Martecchini moved to adjourn and Mrs. Sullivan seconded.  The motion passed, 3-0, and the meeting was adjourned at 10:20 PM.

Respectfully,
Dolores Marchewka