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07-24-06 Board of Selectmen Minutes

Date:    July 24, 2006

Date Minutes Approved: August 7, 2006


BOARD OF SELECTMEN MINUTES      
                
Present:  Elizabeth Sullivan, Chair; Andre Martecchini, Vice-Chair, and John Tuffy, Clerk.

Absent:  No members were absent.

Staff:  Richard MacDonald, Town Manager; and C. Anne Murray, Dept. Secretary- Town Manager/Board of Selectmen.  

The meeting was called to order at 7:30 PM.


OPEN FORUM

No items were discussed.

ONE-DAY LIQUOR LICENSE REQUEST: FATHER THOMAS GRIFFITH FOR MIRAMAR RETREAT CENTER/ Fundraising Event on August 5, 2006

Father Thomas Griffith was present and explained that this is a major fundraising event for the Miramar Retreat Center, which provides a meeting place for recovery groups and others.  The funds raised will go towards an endowment fund to cover maintenance costs and other facility needs, such as an elevator and an electric generator.  The event will consist of a social hour with a cash bar.  The dinner will be in the main dining rooms and dancing will be in the main hall.  This event is open to the public.  Contact Miramar Retreat Center for tickets.

Ms. Sullivan said the details had been circulated to the appropriate departments and there are no objections.  Please make sure to announce the fire exits at the beginning of the evening.

Mr. Martecchini moved that the Board grant to Father Thomas Griffith, as a representative of the Miramar Retreat Center, a One-Day All-Alcohol Pouring License to hold a fundraising dinner at the Retreat Center on Saturday, August 5, 2006 from 5:30 PM to 11:00 PM, subject to the conditions as stated on the memoranda from the Duxbury Police Chief, Duxbury Fire Chief, Director of Inspectional Services, and Board of Health.  Second by Mr. Tuffy.
Vote: (3:0:0).

ONE-DAY LIQUOR LICENSE REQUEST: CHRISTINE PURCELL FOR DUXBURY STUDENT UNION ASSOCIATION/ Fundraising Event on August 18, 2006

This fundraising event was described as a “Meet and Greet” cocktail hour, in which attendees will have a chance to meet James Montgomery before his concert at the PlaceNameplacePerforming Arts Center (PAC) on Friday, August 18, 2006.  The cocktail hour is from 6:00-7:00 PM at the Duxbury Arts PlaceTypeCenter and the cost is $75.00.  Beer, wine, and soda will be served along with hors d’oeuvres.  The Concert at the PAC is from 8:00 PM – 10:00 PM.  Tickets are available at Westwinds Bookstore and FarFar’s in Duxbury.

Ms. Sullivan noted the details had been circulated to the appropriate departments.  There were no objections.  She noted a Police detail is required and the fire exits must be announced at the beginning of the event for fire safety.

Mr. Tuffy moved that the Board grant to Ms. Christine Purcell, as a representative of the Duxbury Student Union Association, a One-Day Pouring License (wine & malt only) to hold a fundraising reception at the Duxbury Art Complex on Friday, August 18, 2006 from 6:00 PM to 7:00 PM, subject to the conditions as stated in the departmental memoranda.  Second by Mr. Martecchini. Vote: (3:0:0).


EVENT PERMIT REQUEST: DUXBURY ART ASSOCIATION FOR DECORATED BIKE PARADE/ August 12, 2006

Mary Beth Browne was present to describe the event.  Saturday, August 12th is when they have their Young Artists Awards.  The bike parade would be following the awards ceremony.  They are inviting everyone to decorate a bike, a wagon, or their pets and to come for a parade at the Duxbury High School.  

Ms. Sullivan said both the Police and Fire Departments are supportive of the event.  She mentioned that they must obtain permission from the Schools for the event to be on School property.  Ms. Browne explained she as received that from Mr. McGonagle.  

Mr. Martecchini moved that the Board grant to the Duxbury Art Association permission to conduct a decorated bicycle parade in front of Duxbury High School, on Saturday, August 12, 2006 from noon to 1:30pm.  Second by Mr. Tuffy.  Vote: (3:0:0).


ONE-DAY LIQUOR LICENSE REQUEST:  JOHN TODD FOR FRIENDS OF COUNCIL ON AGING/ SPANISH EVENING ON August 27, 2006

Mr. Jack Hamilton was present to talk about the two fundraising events planned by the Friends of the Duxbury Council on Aging.  For the Spanish Evening they plan to serve wine and beer and guests can enjoy a variety of Spanish Tapas dishes followed by a concert of classical Spanish guitar.  

Ms. Sullivan noted that details had been circulated to the appropriate departments.  All the paperwork is in order and there were no objections.  A police detail will be provided.  For safety reasons the Fire Department requests that the fire exits be announced at the beginning of the event.

Mr. Tuffy moved that the Board grant to Mr. John Todd, as a representative of the Duxbury Council on Aging, a One-Day Pouring License (wine & malt only) to hold a fundraising event (Spanish evening) at the Duxbury Senior Center on Sunday, August 27, 2006 from 6:00 PM to 9:00 PM, subject to the conditions as stated on the departmental memoranda.  Second by Mr. Martecchini.  Vote: (3:0:0).

ONE-DAY LIQUOR LICENSE REQUEST: JOHN TODD FOR FRIENDS OF COUNCIL ON AGING/ JAZZ EVENING ON September 28, 2006

Mr. Jack Hamilton explained this fundraising event is an evening of jazz with Jon Jarvis.  Jon is the son of Mr. Jarvis, former Duxbury music instructor.  The Jazz Evening will be on Thursday, September 28th from 7:00 PM -10:00 PM.  Appetizers will be served.  The Friends are requesting a license to sell beer and wine.  

Ms. Sullivan said the paperwork appears to be in order.  Details were circulated to the appropriate departments, and there were no objections.  A police detail will be provided.  The fire exits need to be announced at the beginning of the event.

Mr. Tuffy moved that the Board grant to Mr. John Todd, as a representative of the Duxbury Council on Aging, a One-Day Pouring License (wine & malt only) to hold a fundraising event (Jazz evening) at the Duxbury Senior Center on Thursday, September 28, 2006 from 7:00 PM to 10:00 PM, subject to the conditions as stated in the departmental memoranda.  Second by Mr. Martecchini.  Vote: (3:0:0).

ONE-DAY LIQUOR LICENSE REQUEST: JACKSON KENT FOR AWARDS CEREMONY AT BAYSIDE MARINE/ August 19, 2006

Mr. placecountry-regionKent was present and explained that Bayside Marine holds an annual fishing tournament (for striped bass and blue fish) as a thank you to its customers.  They are requesting a license to serve wine and beer at the awards ceremony.

Ms. Sullivan noted details were circulated to the appropriate departments with no objections received.  Please have the master of ceremonies point out fire exits at the beginning of the event.

Mr. Martecchini moved that the Board grant to Mr. Jackson S. Kent, of Bayside Marine, a One-Day Liquor License (wine & malt only) for the Awards Ceremony at its annual fish tournament on Saturday, August 19, 2006 from 3:00 PM to 10:00 PM, subject to the conditions as stated on the departmental memoranda from the Duxbury Police Chief, Duxbury Fire Chief, and Board of Health.  Second by Mr. Tuffy. Vote: (3:0:0).

ONE-DAY LIQUOR LICENSE REQUEST: ALDEN RINQUIST FOR ALDEN KINDRED SOCIETY, INC. / Fundraising Dinner on August 5, 2006

Mr. Alden Rinquist was present to talk about an event that they hope will become an annual event.  The Alden Kindred will host the “Speak for Thyself” Dinner on Saturday, August 5, 2006 from 7:00 PM to Midnight in a tent adjacent to the Museum Barn.  The dinner will be catered by Mark Collins.  This year’s honorees include Helen Philbrick, Doreen Bilezikian ((founder of the Christmas Tree Shops), and Loretta LaRoche.  Following the awards presentation the Buddy Siroonian Orchestra will be playing Big Band tunes.  

Ms. Sullivan noted details were circulated to the appropriate departments with no objections received.  A Police detail is requested for traffic safety.  The appropriate tent permit and Board of Health permits have been obtained.  

Mr. Tuffy move that the Board grant to Alden Ringquist, as a representative of the Alden Kindred Society, a One-Day Liquor License (wine & malt only) for a fundraising dinner at the Alden House on Saturday, August 5, 2006 from 6:00 PM to 11:00 PM, subject to the conditions as stated on the departmental memoranda.  Second by Mr. Martecchini. Vote: (3:0:0).

7:35 PM CABLE TV ADVISORY COMMITTEE / Robert Fitzgerald Fitzpatrick (correction 9/01/06)  

Mr. Fitzgerald Fitzpatrick (correction 9/01/06)), Chair of the Cable TV Advisory Committee, began by introducing the other members of the committee.  The members include Ms. Jean Kennett, Mr. Richard Miller, Mr. William “Bill” Kearney, Mr. Richard Dunphy, Mr. Richard D. Sigrist, Jr., Mr. Charles “Charlie” Vautrain (ex officio) and Ms. PersonNameMary Beth MacQuarrie (ex officio).

Mr. Fitzgerald Fitzpatrick (correction 9/01/06) then explained that the sale of Adelphia to Comcast was potentially to happen as of 7/31/06, and therefore his committee has reached out to Comcast to discuss the transition.  At this point he introduced Ms. Lou Russo, Director of Government / Community Relations For Comcast’s placeNew England, South Division, and turned the presentation over to her.


The following is a summary of her remarks:
·       She explained that while the company headquarters will remain in CityPhiladelphia she is overseeing a
         newly-created New England, South Division or what they are calling “SEMA” (placeSoutheastern
        Massachusetts).  So there will be a Division closer to its’ customers.
·       They are preparing to welcome the Adelphia personnel and scheduling training.
·       Customers will not see any immediate major changes.
·       Comcast does provide three services: Analog / Digital cable, High-speed Internet, and Digital Voice.
        Gave “Welcome Kit” packet to the Board.  It is anticipated they will be able to provide the cable and
        internet services to Duxbury customers by the Fall, The Digital Voice probably will not be available until
        the end of the year.
·       Billing system / Billing Cycle:  Transition into a new billing system will be done, but not until several
        internal trial runs.  Anticipates billing cycle will be a rolling cycle so that not all customers’ bills come
        due at the same time.  This allows for more manageable customer service.  She stressed that it will
        be “business as usual until they are ready to make the transition.”  Also, that there will be sufficient
        advance notice to customers, at least 30 days, and even more advance notice to the Board of
        Selectmen and Cable TV Advisory Committee before the transition becomes effective.
·       Spoke of Comcast’s strong sense of community focused on diversity, literacy, and youth leadership.  
        Gave to the Board the Comcast 2005 Community Report, which has information about the Comcast
        Foundation.  Mentioned “Comcast Cares Day”, which is established as the first Saturday in October,
        when Comcast employees participate in some community service.  

Summary of Questions asked and Answers given:

·       Question: Will Comcast have a liaison to attend the Duxbury Cable TV Advisory Board Committee
         meetings.      ANSWER: Yes, but they are in the hiring process.
·       Question:  Regarding the negotiation of the License Renewal for Community Access TV as Duxbury
        would like to continue it.  ANSWER:  This is something that Ms. Russo and the Manager would negotiate
        with the Town.  Old Contract will be the Contract until a new Contract is in place.
·       Question:  Will there be changes to the Channel line up?        ANSWER: Probably, but details are not
         known at this time.
·       Question:  What about changes to email addresses?  ANSWER: Yes, email addresses will change from
        the “adelphia.net” ending to a Comcast email but there will be a period of time in which messages will
         be forwarded.
·       Question: Will there be a dead air or blackout period?  ANSWER: None is planned.
·       Question: Does Comcast have 2 levels of Cable service, i.e. analog and digital?  
ANSWER: Yes, Comcast currently has both.  She did mention, however, that the FCC does have a deadline in which all analog will end.
·       Questions: Equipment changes?  Local office will be where?  ANSWERS: May have to change out
        equipment, but does not know for sure at this time.  The closest office will be in Plymouth.
·       Question: Regarding Company policy regarding equipment changes?  ANSWER: If you lease it, then can
         replace it at no charge.  If you own it, then change it as you wish or lease it from Comcast.
·       Question:  Any idea of pricing changes? ANSWER: Can’t say at this time, but there is no plan to make
        any cost change until 2007.


BLOCK PARTY REQUEST: POWDER POINT AVENUE/       September 10, 2006 (rain date September 17, 2006)       
Ms. Sullivan noted that this has been an annual event for a number of years, and there have been no problems in the past.  Details have been circulated to the appropriate departments.  No objections were noted.

Mr. Martecchini moved that the Board grant to Mr. Thomas O’Regan, as a representative of the Powder Point Neighborhood Association, permission to hold a Block Party on Sunday, September 10, 2006 (with a rain date of Sunday, September 17, 2006) on Weston Road, from 2:00 PM to 6:00 PM.  Second by Mr. Tuffy.  Vote: (3:0:0).


ORDER OF TAKING: DEER RUN

Ms. Sullivan explained that at the March 2006 Annual Town Meeting the Town voted to accept Deer Run, which is off addressStreetBirch Street.  As part of the process the Selectmen need to vote to adopt the Order of Taking and sign the Order and the Plan.  I will accept a motion to do so and the appropriate documents will be executed at the end of the meeting.

Mr. Martecchini moved that the Board of Selectmen adopt the Order of Taking regarding Deer Run and sign the Order and the Plan accordingly.  Second by Mr. Tuffy. Vote: (3:0:0).


EXECUTION OF LEASE AGREEMENTS FOR OPERATION OF CRANBERRY BOGS   

Ms. Sullivan said in the Board’s Signature file are two Agreements between the Town of Duxbury and the Lorings regarding the continued operation of the bogs by the Lorings until November 15, 2006.  It was noted that this would allow for the continued operation of the bogs through this year’s harvest season.

Mr. Tuffy moved that the Board execute the Lease Agreements between the Town of CityDuxbury and the Lorings regarding the bogs described as Town of CityplaceDuxbury Assessor’s Parcels #140-055-00 and 100-901-038.  Second by Mr. Martecchini.  Vote: (3:0:0).

TOWN MANAGER BRIEF

·       Federal Near Shore Grant:  Through the effort of PersonNameDon Beers, the Harbormaster has
         received a grant to pump out vessels’ holding tanks.  Last year’s grant was for $9,200.00.  This year
        the grant was for $21,500.00, which is an increase of $12,300.00.  Mr. Beers is to be commended for his
        efforts.

·       Sylvia and Sylvia Associates, Inc., which is developing the Goodrich Property on Railroad Avenue, by
        tomorrow will have completed all their filings.  They are expected to make a presentation at a future
        meeting of the Board of Selectmen the date to be announced.  There has been some discussion to
        make some of the units affordable housing, but it is my understanding it will not be a 40B.

·       Aggregate Industries has been in Town this week to begin the drainage work on Rte. 3A.

·       This Thursday the Town Hall sidewalk will be paved.  We appreciate the public’s patience while we get
         this done.

·       Beginning on August 7th, Aggregate will begin paving all the Town Hall parking lots.  The
        First Parish Church lot will be paved at the same time.  Arrangements will be made for offsite parking
        and shuttling of the municipal employees.  

·       Paving is also planned for the following streets: Evergreen Street, all of Harrison Street, part of
        Keene ST and the Keene ST parking lot.  

·       Gurnet Seawalls:  The Town is working with Coastal Zone Management’s Coastal Hazards Commission
        an inventory and assessment of the seawalls.  Bourne Consultants have been hired to prepare the
        assessment and will be in Duxbury within the next two weeks.

·       Health Agent interviews will be conducted this week.

·       Applications for the Town Accountant position are coming in.

BONUS SHELLFISH SEASON

Ms. Sullivan explained a memorandum recommending a Bonus Shellfish Season for August has been provided by Don Beers, Harbormaster / Shellfish Constable.

Mr. Martecchini moved that the Board of Selectmen a) Declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of August (regulations as per Attachment B & C of Duxbury Harbormaster memo dated July 19, 2006); and b) Declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of August (regulations as per Attachment A & C of Duxbury Harbormaster memo dated July 19, 2006).  Second by Mr. Tuffy.  Vote:  3:0:0.

MINUTES

Ms. Sullivan announced that there were Minutes from both an Open Session and an Executive Session on
July 10, 2006 for review and approval.

Mr. Tuffy made a motion to approve the Open Session Minutes of July 10, 2006, as written.  Second by Mr. Martecchini.  Vote: (2:0:1). Mr. Martecchini abstained as he was not present at that meeting.

Mr. Tuffy made a motion to approve the Executive Session Minutes of July 10, 2006, as written, with the Minutes to remain confidential as the matters discussed were regarding the King Caesar Fund.  Second by Mr. Martecchini.  Vote: (2:0:1).  Mr. Martecchini abstained as he was not present at that meeting.


APPOINTMENTS/RE-APPOINTMENTS

Community Preservation Committee (as Housing Authority’s designee):

Mr. Martecchini moved that Brendan Keohan be re-appointed to the Community Preservation Committee (as Housing Authority’s designee) for a three-year term to expire on 6/30/09.  Second by Mr. Tuffy.  Vote:  (3:0:0).

Registrar of Voters:

Ms. Sullivan moved that Miriam B. McCraig McCaig (corrected spelling 9/01/06) and Mary Ellen See be re-appointed as Registrars of Voters for three-year terms to expire on 6/30/09.  Second by Mr. Tuffy.  Vote:  (3:0:0).


Duxbury Bay Management Committee:

Ms. Sullivan moved that John Brawley, Corey Wisneski, and Emmett Sheehan be appointed to the Duxbury Bay Management Committee for three-year terms to expire on 6/30/09.  Second by Mr. Tuffy. Vote: (3:0:0).


Board of Health:

Ms. Sullivan moved that Thomas O’Regan be re-appointed to the Board of Health for a three-year term to expire on 6/30/09.  Second by Mr. Tuffy.  Vote:  (3:0:0).


ADJOURNMENT

Mr. Tuffy moved for adjournment at 8:33 PM.  Second by Mr. Martecchini.  Vote in favor of the motion was (3:0:0).  Meeting Adjourned.


Respectfully submitted,


C. Anne Murray
Dept. Secretary, Town Manager / Board of Selectmen