BOARD OF SELECTMEN MINUTES Date: August 1, 2005
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair; and Andre Martecchini.
Staff: Richard MacDonald, Acting Town Manager; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were brought forward by the public during Open Forum.
RECOGNITION OF ELECTION OF VETERAN’S AGENT, ROBERT LYONS, TO PRESIDENCY OF MASSACHUSETTS VETERAN’S SERVICE OFFICERS
Mr. Tuffy congratulated Mr. Lyons on his election, and thanked him on behalf of the Town of Duxbury for his efforts on behalf of veterans. Mr. Lyons was present, along with his wife, Nancy Lyons.
TAXATION OF TELECOMMUNICATION PROPERTY
Deputy Assessor, Richard Finnegan was present. Assessors Jamie MacNab and June Albritton were also present. They explained that the Massachusetts Municipal Association has asked cities and towns to petition the legislature to abolish certain provisions of the state tax laws which allow substantial amounts of telecommunications company property to disappear from local tax rolls.
Ms. Sullivan made a motion to support the Massachusetts Municipal Association in their efforts to support HR 1740, and to designate Mr. Richard Finnegan as the Town’s point person on the issue. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
APPOINTMENT OF TOWN MANAGER SEARCH COMMITTEE
Mr. Tuffy suggested that the Town Manager Search Committee be composed of eleven members, and that they be invited to the next Selectmen’s meeting in order to discuss their charge. He said that there were a large number of people who expressed interest in the committee. He suggested that the following people comprise the group:
Mr. David Sullivan, Mr. Richard Finnegan, Mr. Shawn Dahlen, Mr. Frank Mangione, Mr. Friend Weiler, Ms. Deb Bornheimer, Ms. Sarah Madigan, Ms. Patti Ryan, Ms. Jeanne Jackson, Ms. Barbara Bartlett, and Mr. Joe Lewis.
Prior to the next Selectmen’s meeting, Mr. Tuffy suggested that Mr. Friend Weiler be assigned the task of convening the committee and electing a chairperson.
Ms. Sullivan made a motion to appoint the above-named individuals as members of the Town Manager Search Committee. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
Mr. Tuffy then said that he had prepared a draft version of a charge for the committee, which he read aloud. Mr. Martecchini suggested that the committee participate in the final round of interviews, rather than end their work with the presentation of three to five finalists, as suggested in the draft charge. Ms. Sullivan disagreed with Mr. Martecchini. It was decided to table this decision until the next Board meeting.
CABLE TV ADVISORY COMMITTEE UPDATE
Mr. Robert Fitzgerald, Chair; Mr. Bill Kearney, and Mr. Dick Dunphy were present. They explained that Comcast and Time Warner are in the process of buying the assets of Adelphia Communications. There will be a public hearing on August 4, 2005 at 7PM at the Senior Center, regarding the fitness of Comcast to take over the provision of cable services to Duxbury.
This occurs at a time when the contract between the Town of Duxbury and Adelphia has expired, and a new contract has not yet been completed. The Cable TV Advisory Committee is concerned with how Comcast will address open issues. The primary open issue with Adelphia has been the benefit to the Town of Duxbury from public channels.
Another issue of the committee has been payment of legal bills from Bromberg & Sunstein, for their assistance with the Adelphia negotiations. Since January 2005, there have been a total of $34,000.00 in invoices from Bromberg & Sunstein. The March 2005 Special Town Meeting authorized $20,000.00 for legal expenses related to these contract negotiations. There is one invoice for $18,639.10, approved by the Cable TV Advisory Committee, that the Committee would like to see paid from the Special Town Meeting appropriation. In addition, the committee will be voting on the remaining invoices at their next meeting. It is hoped that the balance of the $20,000.00 can be used for partial payment of one of these invoices. It was noted that Bromberg & Sunstein is proceeding at risk for the balance of
their services. A portion of these fees may possibly be paid by Comcast as part of the contract negotiations.
Ms. Sheryl Strother was present and noted that bills must be approved by the Cable Committee and the Town Manager before they can be paid (subject to available funds).
HISTORICAL COMMISSION
Ms. Barbara Kiley, Ms. Nancy Bennett, and Ms. Susanna Sheehan were present from the Historical Commission. The Committee is concerned about older and historic homes that are disappearing from the Town’s landscape. An effort to establish a historic district in Duxbury failed at a recent Annual Town Meeting. However, there is an effort to bring the issue before the Town again. Ms. Kiley said that the Town has received a $700 grant from the National Trust for Historic Preservation for the publication of a brochure which would outline the benefits of a historic district. Ms. Kiley said that this was a matching grant, and the Town is expected to provide $700 as well. The Committee hopes that either the Wight Fund or the Heritage Fund may be used for this purpose. Another option to a
historic district would be a Neighborhood Conservation District. After discussion, it was decided to table the issue until more clarification is received about which of the two options should be the subject of the brochure, and until details of the nature of the grant be obtained. The Board directed Mr. MacDonald to research the Town’s match to the grant and the use of a Town Trust Fund.
REQUEST FOR PERMISSION TO HOLD A NEIGHBORHOOD BLOCK PARTY/ POWDER POINT
Mr. Tuffy noted that Mr. Thomas O’Regan has applied for permission to hold the 10th Annual Powder Point Avenue block party in September. Approval letters have been obtained from the Fire Department, Police Department, Board of Health, and Inspectional Services. Mr. Martecchini made a motion to approve the Powder Point Neighborhood Block Party on September 11, 2005 from 2:00 PM to 6:00 PM, with a rain date of September 18, 2005. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
REQUEST FOR ONE-DAY LIQUOR LICENSE: REHEARSAL DINNER AT NATHANIEL WINSOR HOUSE
Mr. Tuffy noted that Ms. Nancy Murphy has applied to hold a rehearsal dinner at the Nathaniel Winsor House, with Mark Collins providing the bartending services. He also noted that conditional approval letters have been received from the Fire Department, Police Department, Board of Health and Inspectional Services. Ms. Sullivan made a motion to approve the one-day liquor license for Nancy Murphy to hold a rehearsal dinner at the Nathaniel Winsor House on September 3, 2005, from 6:00 PM to 9:00 PM. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
BONUS SHELLFISH SEASON
Ms. Sullivan made a motion to approve a Bonus Shellfish Season for the month of August 2005, as per the regulations detailed in a memorandum from Donald C. Beers, dated August 1, 2005. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
TOWN MANAGER BRIEF
Mr. MacDonald noted the following items:
1) The Voluntary Water Ban is having a positive effect on the distribution of water throughout the Town of Duxbury.
2) A new security system has been installed at the Town gas pumps, which has become important due to the high cost of gasoline.
3) Significant progress has been made in the construction of the Animal Shelter. Occupancy by September is planned.
4) The Keene Street drainage and the Town Green Irrigation projects are progressing nicely.
5) A level course of pavement for Washington Street and for Elm Street are planned for Fall 2005. (Ms. Sullivan noted the importance of having Washington Street paved prior to the mini-triathalon planned for September 18.)
6) The Health Agent has obtained a defibrillator for the Town through a grant, and has arranged to train Town staff on its use.
GIFTS FROM FRIENDS OF THE BLUEFISH RIVER FIRE HOUSE
Ms. Nancy Bennett, representative from the Friends of the Bluefish River Firehouse, was present. She presented two checks to the Board of Selectmen for the preservation of the building. She said that approximately $20,000 is still needed, and it is hopeful that these funds will be raised in time for the 100th anniversary of the Fire House. Mr. Martecchini made a motion to accept a gift of two-thousand dollars from D.D. Allen of Duxbury and New York, and five-hundred dollars from Mary L. Emerson of Duxbury and Atlanta, for the purpose of restoring the Bluefish River Fire House. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
EXECUTION OF AMENDMENT TO THE LONG-TERM LEASE FOR THE SOUTH SHORE HABITAT FOR HUMANITY
Mr. Martecchini made a motion to re-execute the original long-term lease for a parcel on Congress Street between the Town of Duxbury and the South Shore Habitat for Humanity, Inc., and to execute Amendment #1 for that lease, for the purpose of correcting lot lines. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
EXECUTION OF DPW UNION CONTRACT
Ms. Sullivan made a motion to approve the financial agreement between the Town of Duxbury and Duxbury Municipal employees Local 1700, Council 93, AFSCME, dated July 1, 2004 to June 30, 2005, and the contractual agreement between those same parties dated July 1, 2005 to June 30, 2005. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
COMMITTEE APPOINTMENTS
Ms. Sullivan noted that Ms. Robin Hallowell has resigned from the North Hill Advisory Committee. A replacement will be needed.
Ms. Sullivan made a motion to appoint Mr. Don Beers as an ex-officio member of the Duxbury Bay Management Commission. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
MORATORIUM ON AQUACULTURE GRANTS
Mr. Tuffy noted that the six-month moratorium on new aquaculture permits has now expired. It is time to give a definitive answer on outstanding permit applications. Mr. Martecchini made a motion to request that the Bay Management Commission work jointly with the Shellfish Advisory Committee to come up with a recommendation for future shellfish management. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
Mr. Tuffy requested that the Shellfish Advisory Committee be invited to the next Selectmen meeting, and that the minutes from six months ago, when the moratorium was imposed, be provided to the Selectmen.
ADJOURNMENT
Mr. Martecchini made a motion to adjourn at 9:12 PM. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
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