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10-18-05 Board of Selectmen Minutes


APPROVED 10-24-05


BOARD OF SELECTMEN MINUTES                      Date:  October 18, 2005

Present:  Elizabeth Sullivan, Vice-Chair and Andre Martecchini, Clerk.

Absent:  John Tuffy, Chair.

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 discussed.


BLUEFISH RIVER FIRE HOUSE

Ms. Nancy Bennett, from the Bluefish River Firehouse Restoration Committee, was present.  She said that the project is proceeding well.  Several phases of the reconstruction have been promised as donations, such as installing a new roof.  She said that actual re-construction is planned for Spring 2006.  She requested that the Board accept two cash donations which were presented to the committee.

Mr. Martecchini made a motion to accept, with gratitude, a donation of five-hundred dollars from Mr. and Mrs. Walter Amory of Beaverbrook Lane, and a donation of three-hundred dollars from Mr. and Mrs. Robert C. Vose, III of Powder Point Avenue.  Ms. Sullivan provided a second for the motion, which carried unanimously (2:0).


ALDEN KINDRED SOCIETY: REQUEST TO SELL CHRISTMAS TREES

Mr. Alden Ringquist, Director of the Alden House Historic Site, and Mr. Chad Frost, Owner of  Hedges, Inc. (a landscaping company), were present.  Mr. Ringquist said that he is requesting permission to sell Christmas Trees at the Alden House Historic Site.  He will be working with Hedges, Inc. which will purchase the trees in Woodstock, VT.  Ms. Sullivan noted that the Police Dept., Fire Dept., Board of Health, and Inspectional Services Dept. provided memoranda stating that they had no objections to the project.  Mr. Frost said that he would also like to donate trees to the Duxbury Library, the Senior Center and all of the Duxbury Schools.  Ms. Sullivan thanked him for that offer, but cautioned him to check with each entity about their guidelines regarding displaying trees.

Mr. Martecchini made a motion to approve the sale of Christmas trees by the Alden Kindred of America, Inc. on the weekends of December 3rd and 4th, 10th and 11th, and 17th and 18th, from 11am to 9pm, and from Wednesday through Friday of those weeks, from 4pm to 9pm.  Ms. Sullivan provided a second for the motion, which carried unanimously (2:0).


TOWN MANAGER BRIEF

·       The Wright Building Contract has been awarded to the lowest bidder.  The search is underway for a Clerk of the Works.  
·       Only paving and fencing remain for the Animal Control Shelter.  The grand opening is planned for November 19.

·       Tom Daley, Duxbury DPW Director, is designing a 40-50 space enlarged parking area for the senior center, which could be constructed by the end of this year.
·       A new street sweeper has been purchased.
·       Mosquito spraying has stopped.  Mr. MacDonald praised the Health Agent’s management of this complex situation.



DISCUSSION RE: GAVONI LAND TRANSFER (PARCEL 161-959-013)

Mr. and Mrs. Charles Gavoni were present.  Mr. Gavoni stated that he began the process of trying to acquire this 1/8 acre town-owned parcel, which abuts his property, eleven years ago.  The sale to the Gavoni’s was approved by the 1996 Annual Town Meeting, on “such terms and conditions as the Board of Selectmen deem appropriate.”  Mr. Gavoni said that he was told that the price would be equal to the amount of back taxes for which the property was taken in 1983 ($1445.16), plus legal fees.   However, when he came to Town Hall to try to complete the sale, he said that it was always put off for one reason or another.

Mr. Martecchini questioned whether the land should have been put up for bid prior to offering it to the Gavoni’s, under M.G.L., Chapter 30B.  

Ms. Sullivan said that some investigation by the Town Manager’s office as to an appropriate sale price for the land would be necessary. Consultation with the Deputy Assessor may be helpful for this.  Also, consultation with Duxbury Town Counsel about appropriate procedures for the sale is also necessary.

It was agreed to table the matter until October 31, 2005.


REQUEST TO AMEND ENTERTAINMENT LICENSE:  SUN TAVERN

The proprietor, Kevin Dubois was present.   Attorney Brian Cook was also present to represent the applicant.  Mr. Cook said that the current Entertainment License allows, “inside entertainment only; piano player and singer to be conducted on weekdays between the hours of 8pm and midnight.”  He said that he would like the entertainment hours to match those of the Common Victualler’s License for the Sun Tavern, which are from 8am – 11pm, Monday through Saturday, and from 12pm to 1am Sundays and holidays.  Mr. Cook said that the Sun Tavern has been operating as a restaurant and also as a facility for weddings, retirement dinners, and anniversary parties for over seventy years.  He would like the license to allow for recorded and live music, and dancing by patrons.

Mr. Dubois said that the entertainment licenses granted by the Town have differed substantially from year to year.  

Nevertheless, after consultation with the Duxbury Fire Chief, it was learned that an expansion of the entertainment license may trigger more comprehensive fire protection requirements.  Mr. Cook therefore asked to postpone the hearing on the entertainment license until this issue can be more fully investigated.  

Mr. Mark Moriarty, owner of 528 Congress Street, asked for an opportunity to speak.  He said that he is in favor of a postponement for a different reason.  He said that the Sun Tavern has a plan for physical expansion before the Zoning Board of Appeals.  He prefers that the Entertainment License not be amended until the expansion issue has been decided.  He provided a letter detailing his position.





Mr. Martecchini made a motion to continue the application to amend the Sun Tavern entertainment license until such time as the applicant requests a new hearing date.  Ms. Sullivan provided a second for the motion, which carried unanimously (2:0).


FY2007 BUDGET DISCUSSION

Ms. Strother, Duxbury Town Accountant, was present.  Mr. MacDonald presented a Town revenue forecast, and thanked Ms. Strother for her assistance.  He reported that the FY 2007 budget shortfall, which was predicted in the Spring of 2005, may not materialize.  Two major factors have contributed to this:  1)  Cherry Sheet funds increased substantially; and 2) Local receipts increased beyond expected levels.  Mr. MacDonald said that “level service” or “level service with only minor reductions” may be possible without an override.   He said that he would like to achieve this and to protect reserve funds, free cash, and stabilization funds as much as possible.  

Mr. MacDonald said that, since most department budgets will be near level funded this year, that there will not be a need to have every department make a presentation to the Board of Selectmen.  Only those departments with substantial changes will be asked to come before the Board.

Ms. Sullivan asked Ms. Strother to provide health and benefits costs for every department.  Each year, at Town Meeting, citizens ask about the true costs of running each department.
Ms. Strother said that she will work to provide this.


ADJOURNMENT

Mr. Martecchini made a motion to adjourn the meeting at 9:00 PM.  Ms. Sullivan provided a second for the motion, which carried unanimously (2:0).