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01-09-06 Board of Selectmen Minutes


Date of MINUTES:  January 9, 2006
Minutes Approved Date: January 30, 2006

BOARD OF SELECTMEN MINUTES                      

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

Ms. Mary Lampert, 148 Washington Street, announced that the Duxbury Nuclear Advisory Committee is sponsoring a forum on January 11 at Duxbury Town Hall regarding re-licensing of the Pilgrim nuclear power plant.  All are invited to attend.


REQUEST FOR ONE-DAY LIQUOR LICENSE:  FRIENDS OF THE DUXBURY FREE LIBRARY

Ms. Brooke McDonough and Ms. Donna Ryan, as representatives of the Friends of the Duxbury Free Library, were present to request a one-day liquor license for a fundraising event on Saturday, March 25, 2006.  Ms. Sullivan noted that the applicants have provided proof of liquor liability insurance, naming the Town as additional insured (since the event will be held on Town property), and that they have provided server training certificates from the caterer.  Finally, Ms. Sullivan noted that approvals have been received from the Police Department, Fire Department, Inspectional Services and the Board of Health.  

Mr. Martecchini made a motion to grant a one-day liquor license to Brooke McDonough and Donna Ryan as representatives of the Friends of the Duxbury Free Library, for a fundraising event to be held on March 25, 2006 from 6:30pm to 10:30pm.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


REQUEST FOR ONE-DAY LIQUOR LICENSE:  DUXBURY ART ASSOCIATION

Ms. Mary Beth Brown, Executive Director of the Duxbury Art Association, was present to request of one-day liquor license for a fundraising event on Saturday, February 4, 2006.  Ms. Sullivan noted that the applicant has provided proof of liquor liability insurance.  Ms. Brown said that she would supply server training certificates for the bartenders as soon as staffing decisions have been made by the Chef’s Table.  Ms. Sullivan noted that approvals have been received from the Police Department, Fire Department, Inspectional Services and the Board of Health.  

Mr. Martecchini made a motion to grant a one-day liquor license to Mary Beth Brown as a representative of the Duxbury Art Association, for a fundraising event to be held on February 4, 2006 from 6:30pm to 10:30pm, contingent upon submitting server training certificates to the Town Manager’s office prior to the event.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


ACCEPTANCE OF CHECK

Mr. Martecchini made a motion to accept a check from Entergy Services, Inc. for twenty-thousand dollars ($20,000), toward the replacement of the generator at the Emergency Operations Center.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


CONDUIT LOCATIONS (2) HEARING: BAY AVENUE

Ms. Barbara Croce was present to represent N-STAR.  Abutters Jim Ryan and Tim Tedeschi were also present, and said that they are in favor of the conduit locations.  Mr. Buttkus, Director of Lands and Natural Resources, provided a memo, dated 12/30/05, stating that there are no issues with Town trees.  Mr. Daley, DPW Director, provided a memo, dated 1/5/06, stating that he has no issue with the proposed locations so long as they adhere to the following conditions:

a)      That the installer obtains a street opening permit form the DPW prior to beginning any work.
b)      That N-STAR and the installer coordinate the exact location with the Water Division so that the conduits are installed no closer than 5-feet to the existing water and sewer connections.

Mr. Martecchini moved to grant permission for the location of underground cables, conduits, manholes, including the necessary sustaining and protecting fixtures, in accordance with the Plan #05-24, dated 12/12/05, contingent upon the conditions outlined in Mr. Daley’s memo of 1/5/06.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


FEE HEARING

Dog Licenses:  Ms. Nancy Oates, Town Clerk, was present.  She recommended raising the fees to be more consistent with other Towns.  The Fiscal Advisory Committee provided a memo, dated 12/20/05, in support of this recommendation.  Mr. Martecchini moved to raise the license fees for spayed/neutered dogs from $3.00 to $7.00, and for intact dogs from $10.00 to $12.00.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).

Cremations:  Ms. Patricia Pappas, Cemetery Director, was present.  She recommends raising fees to be more consistent with other Towns and in order to assist with the rising price of natural gas.  She said that the Cemetery Trustees are in favor of the fee increase.  She will provide a memo from them to that effect.  The Fiscal Advisory Committee provided a memo, dated12/20/05, in support of this recommendation.  Mr. Martecchini moved to raise the fees for adult cremation from $190.00 to $230.00.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


ACCEPTANCE OF DONATIONS TO THE BLUEFISH RIVER FIREHOUSE RENOVATION PROJECT

Mr. Martecchini moved to accept the following very generous donations to the renovation of the Bluefish River Firehouse:

·       Two-hundred and fifty dollars ($250.00) from Tom and Jean Ulfelder of Crescent Street in Duxbury.

·       Two-hundred and fifty dollars ($250.00) from Brad & Heidi White and family of River Lane in Duxbury.

·       Two-hundred and fifty dollars ($250.00) from Dr. Siobhan Sheehan of Tremont Street in Duxbury.

·       Five-hundred dollars ($500.00) from David and Pat Lowry of Standish Street in Duxbury.

·       An ANONYMOUS donation of two-thousand five-hundred dollars ($2,500.00).

Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


HISTORICAL COMMISSION—DISCUSSION OF PROPOSED WARRANT ARTICLES

Ms. Susanna Sheehan (Chair), Mr. Norman Tucker, Ms. Nancy Bennett, and Ms. Barbara Kiley were present to represent the Historical Commission.  The purpose of their proposed articles is to extend the demolition delay for historic structures from six months to one year.  They said that people are just waiting out the six months, and not making serious efforts to consider alternatives to demolition.  Mr. Martecchini commented that one year seems like a very long time for a property owner to be restricted in the use of his/her property.  It was noted that the public hearing for these proposed zoning bylaw changes will be February 6, 2006.  Mr. Martecchini requested that the Commission return to the Board after the Board has had more time to consider the implications of the changes.  


REQUEST FOR RENEWAL OF AQUACULTURE GRANT:  JOHN E. McCLUSKEY

The applicant was present.  Mr. Al Hoban, Chairman of the Shellfish Advisory Committee was present.  Mr. Hoban said that the SAC held public hearings on the application, and recommends favorable action by the Board of Selectmen.  He said that the approval, if given, should be retroactive to May 1, 2005.

Mr. Martecchini moved to renew  shellfish aquaculture license # 9732-2for Duxbury Oyster Company, LLC (Manager: John E. McCluskey) for a period of ten years, commencing May 1, 2005.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


AUDIT & EXIT CONFERENCE:  POWERS & SULLIVAN

To be rescheduled.


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 January 2006, as per regulations in Attachment B & C of the Harbormaster’s memorandum dated 12/29/05; and to declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of January 2006, as per regulations in Attachment A & C of the Harbormaster’s
memorandum dated 12/29/05; and to declare a temporary Bonus Shellfish Season for the recreational harvesting of softshell clams for the month of January 2006, as per regulations
in Attachment D of the Harbormaster’s memorandum dated 12/29/05.   Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


TOWN MANAGER BRIEF

·       A grant of $21,420.00 was received for a pollution assessment in the Landing Road area.

·       A grant of $4,500.00 was received for construction of the Island Creek fish ladder.

·       December construction costs were $3,826,845.00.  $2.4 million dollars of that total is for the Wright Building re-construction.

·       A grant of $12,800.00 was received from Massachusetts GIS for two new GIS layers and training.

·       Advertising is underway for the positions of Duxbury Town Accountant and Director of Inspectional Services.


MINUTES

Mr. Martecchini moved to accept the minutes of December 10, 2005 and December 19, 2005 as written.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


APPOINTMENT

Mr. Martecchini moved to appoint Ms. Molly Bartlett to the Duxbury Nuclear Advisory Committee, for a three-year term to expire on June 30, 2008.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


ANNOUNCEMENT

Mr. Martecchini announced that he intends to seek a fourth term on the Duxbury Board of Selectmen.  He will take out nomination papers from the Town Clerk this week.


CITIZEN COMMENT

Mr. Garth Hoffman commended the Board for choosing Mr. Richard MacDonald as the Town Manager.  He said that he has had many occasions to work with Mr. MacDonald over the years, and has found him to be fair and open-minded.


TOWN MANAGER CONTRACT

Mr. Martecchini moved that the Board execute a contract between the Town of Duxbury and Mr. Richard MacDonald for employment as Town Manager, such contract having been drafted on January 9, 2006.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).


ADJOURNMENT

Mr. Martecchini moved for adjournment at 8:25 PM.  Second by Ms. Sullivan.  Vote in favor of the motion was (2:0:0).