APPROVED 11-14-05
BOARD OF SELECTMEN MINUTES Date: October 31, 2005
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair and Andre Martecchini.
Absent: No members were absent.
Staff: Richard MacDonald, Acting Town Manager; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 6:32 PM.
OPEN FORUM
EXECUTIVE SESSION
Mr. Tuffy made a motion to enter Executive Session to discuss strategy with respect to pending litigation and collective bargaining and to consider the taking, purchase, exchange, lease, or value of real property, since such discussion may have a detrimental effect on the negotiating position of the governmental body, and to reconvene in Open Session in accordance with Mass. General Laws, Chapter 39, Section 23b, Subsections 3 and 6. Ms. Sullivan provided a second for the motion. A roll call vote was taken (Mr. Tuffy – yes; Ms. Sullivan – yes; Mr. Martecchini – yes.)
RECONVENE IN OPEN MEETING
At 7:50 PM, Mr. Tuffy made a motion to reconvene in Open Session. Ms. Sullivan provided a second for the motion. A roll call vote was taken (Mr. Tuffy – yes; Ms. Sullivan – yes; Mr. Martecchini – yes.)
OPEN FORUM- No items were discussed.
LAND TRANSFER DISCUSSION: CHARLES & SHEILA GAVONI
Duxbury Town Counsel, Mr. Robert Troy was present. Ms. Gavoni was present, and explained that her husband could not attend due to business travel. Mr. Martecchini stated that Article 13 of the 1996 Annual Town Meeting gave the Board of Selectmen permission to transfer parcel #161-500-013 to Mr. and Mrs. Gavoni under terms the Board deems appropriate. This transfer has never occurred, although Mr. and Mrs. Gavoni still wish to purchase the land. Mr. Tuffy said that the Board met in Executive Session to decide an appropriate sale price. It was determined that this price would be the current assessed value of $5,200.00. Mr. Troy added that a condition of the conveyance should be that the lot will be granted to the current principal owners of the adjacent lot, and that the two lots will be merged by
operation of law. Ms. Gavoni said that her existing lot is owned by a real estate trust. Mr. Troy said that, therefore, the sale must be to that same trust.
Ms. Gavoni asked what other costs of the transaction she should be expected to bear. Mr. Troy said that this kind of transfer cannot be handled by a quitclaim deed. For that reason, he recommended that the Gavonis purchase title insurance. He recommended that the Town draw up the deed, and cover its own legal costs with regard to the transfer, and that the Gavonis realize that they are responsible for their legal costs.
Mr. Martecchini made a motion that the Board of Selectmen, in accordance with the vote on Article 13 at the 1996 Annual Town Meeting, convey parcel #161-500-013 to Mr. and Mrs. Charles Gavoni for $5,200.00 with the condition that the lot be granted to the current principal owners of the adjacent lot, and that the two lots be merged per operation of law. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
Ms. Gavoni said that she would confer with her husband as to whether they would buy the parcel at this price and under the condition stated.
AQUACULTURE RENEWAL: ANDERSON
Present were:
Mr. Stephen Anderson, applicant
Mr. Don Beers, Harbormaster
Mr. Al Hoban, Chair of the Shellfish Advisory Committee
Mr. Paul Binsfield, Member of the Shellfish Advisory Committee
Mr. Beers said that the Shellfish Advisory Committee met in the Spring regarding this renewal application, and recommends favorable action by the Board of Selectmen to renew the lease for terms not to exceed ten years as allowed by law. Mr. Anderson said that he loves working the grant and would like to renew it.
Ms. Sullivan made a motion to renew the Shellfish Aquaculture License #7949-01 for Mr. Stephen Anderson, located north of Clarks Island, and southwest of High Pines, for a period of ten years. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
DISCUSSION RE: SHELLFISH AQUACULTURE LICENSE TRANSFERS
Mr. Al Hoban, Chair of the Shellfish Advisory Committee, asked to speak with the Selectmen about general policy regarding the transfer of aquaculture licenses. He said that, according to State law, when a license is transferred, it must be surrendered to the granting authority, and it is treated as a new application. The mechanism for choosing a new grantee is unclear. The current license holder may have the right to suggest a candidate. The current licensee may have equipment and stock to sell. They may also want to sell the “good name” of their business. However, members of the SAC feel that the sale of the equipment, etc., cannot be tied to the transfer of the permit. Members of the SAC are looking for the Board’s opinion on this issue.
Mr. Tuffy said that he would like to consider the public’s interest in the situation. The public’s interest is in introducing shellfish in previously barren areas. The Town’s interest is not in the development of individual businesses. He said that, if a licensee wishes to transfer his license, he should realize that he may be leaving stock behind. This is similar to the situation of a cranberry grower who secures the right to manage one of the Town’s cranberry bogs. If the grower decides to discontinue this operation, he will be leaving vines, etc. behind.
The question was also raised as to the application of the current moratorium on aquaculture applications. Since the transfer essentially becomes a new application, will the moratorium apply?
It was requested that the Harbormaster consult with other Towns about their procedures for transferring aquaculture permits. After this information is gathered, the Selectmen will decide whether the current moratorium should be amended to allow for transfers, and will work to develop procedures for the transfer of licenses.
BONUS SHELLFISH SEASON
The Harbormaster provided a memorandum to the Board of Selectmen, stating that ongoing Shellfish Department surveys and daily monitoring indicate abundant shellfish resources within the Town. Therefore, he recommended a bonus shellfish season. Mr. Martecchini made a motion to declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of November 2005, as per regulations in Attachment B & C of the Harbormaster’s memorandum dated 10/31/05; and to declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of November 2005, as per regulations in Attachment A & C of the Harbormaster’s memorandum dated 10/31/05; and to declare a temporary Bonus Shellfish Season for the
recreational harvesting of softshell clams for the month of November 2005, as per regulations in Attachment D of the Harbormaster’s memorandum dated 10/31/05. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
TOWN MANAGER BRIEF
· The ban on outdoor recreational activities on Town fields after 6:00 PM has been lifted, due to the significant reduction of the mosquito threat.
· Winter registration for Recreation Department activities begins today.
· A notice to proceed has been issued for the Wright Building.
· Aggregate Industries is scheduled to return to Duxbury to complete outstanding paving projects on November 9. Mr. MacDonald is trying to get an earlier date, to ensure completion of the Animal Control Building prior to its scheduled grand opening.
· The Town of Duxbury website is the most frequently visited website for seacoast communities in Massachusetts. A large number of visitors are performing a large number of downloads. This is convenient for the website visitors, and reduces the workload for Town Hall staff. (Mr. Martecchini requested that the list of elected officials be updated.)
· The Town has been overcharged for services related to the Transfer Station. Mr. MacDonald is working to remedy this, and to look for other instances where the Town may be owed some rebates.
MINUTES
Ms. Sullivan made a motion to accept the minutes of September 19, 2005 as written. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
Ms. Sullivan made a motion to accept the minutes of October 24, 2005 as written. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
Ms. Sullivan made a motion to accept the minutes of the October 24, 2005 Executive Session as written, and to keep them under seal until the need for confidentiality has passed. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
RETURN TO EXECUTIVE SESSION
At 9:00 PM, Mr. Tuffy made a motion to enter Executive Session in order to discuss strategy with regard to Collective Bargaining, and to reconvene in Open Session afterward for the purposes of adjournment only. Ms. Sullivan provided a second for the motion. A roll call vote was taken (Mr. Tuffy – yes; Ms. Sullivan – yes; Mr. Martecchini – yes.)
END EXECUTIVE SESSION
At 9:40 PM, Mr. Tuffy made a motion to re-convene in Open Session. Ms. Sullivan provided a second for the motion. A roll call vote was taken (Mr. Tuffy – yes; Ms. Sullivan – yes; Mr. Martecchini – yes.)
ADJOURNMENT
At 9:41 PM, Mr. Tuffy made a motion to adjourn the meeting. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0)
Respectfully Submitted,
Barbara Ripley
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