Date: January 30, 2006
Date Minutes Approved: February 6, 2006
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Vice-Chair and Andre Martecchini, Clerk.
John Tuffy, Chair, arrived at 8:29 PM.
Staff: Richard MacDonald, Acting Town Manager; and C. Anne Murray, Dept. Secretary.
The meeting was called to order at 7:30 PM by Ms. Sullivan.
OPEN FORUM
No items were discussed.
INTRODUCTION OF TOWN ACCOUNTANT
Richard MacDonald introduced John Madden, who was recently hired as the new Town Accountant. Mr. Madden has been the Accounting Officer in Plymouth since 1989 and has extensive municipal accounting experience, including familiarity with our accounting system. He will start on Tuesday, February 7, 2006.
ACCEPTANCE OF DONATION FOR BLUEFISH RIVER FIREHOUSE RENOVATION /
Nancy Bennett
Ms. Nancy Bennett, from the Bluefish River Firehouse Restoration Committee, was present. She requested that the Board accept a donation in the amount of $775.00 from
Mr. and Ms. Thomas Wood of Marshall Street in Duxbury.
Mr. Martecchini moved that we accept with thanks the generous donation of seven hundred seventy-five dollars ($775.00) from Mr. and Mrs. Thomas Wood of Marshall Street for the restoration of the Bluefish River Firehouse. Second by Ms. Sullivan. Motion passed unanimously. VOTE (2:0:0).
REQUEST FOR ONE-DAY LIQUOR LICENSE: Patrick Browne for Duxbury Rural & Historical Society/ Christening on February 4, 2006
Patrick Browne, Executive Director of the Duxbury Rural & Historical Society, was present to request a one-day liquor license for a christening on Saturday, February 4, 2006. Ms. Sullivan noted that the applicants have provided proof of liquor liability insurance, and that they have provided server training certificates from the caterer. She also 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 Patrick Browne, Executive Director of the Duxbury Rural & Historical Society, for a christening to be held on Saturday, February 4, 2006 from noon to 4:00 PM. Second by Ms. Sullivan. Vote in favor of the motion was (2:0:0).
REQUEST FOR ONE-DAY LIQUOR LICENSE: Patrick Browne for Duxbury Rural & Historical Society/ Fundraising Event for the Duxbury Business Association on February 16, 2006
Patrick Browne, Executive Director of the Duxbury Rural & Historical Society, was present to request of one-day liquor license for a Wine & Cheese fundraising event on Saturday, February 16, 2006. Ms. Sullivan noted that the applicant has provided proof of liquor liability insurance and that they have provided server training certificates from the caterer. She further 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 Patrick Browne, Executive Director of the Duxbury Rural & Historical Society, for a Wine & Cheese event to be held on February 16, 2006 from 5:30pm to 7:30pm. Second by Ms. Sullivan.
Vote was (2:0:0).
PROPOSED REVISIONS TO WATERWAYS REGULATIONS / DON BEERS
Don Beers, Duxbury Harbormaster, and Jake Emerson, Operations Office, were present to represent the Harbormaster’s Department. Shawn Dahlen from the Duxbury Bay Management Commission (DBMC) was also present.
Don Beers explained a Mooring Task Force was organized to review, update and recommend amendments to the Waterways rules and regulations. The Mooring Task Force included members of the Harbormaster’s Office, the Town Treasurer’s Office, the Duxbury Bay Management Commission, and representatives of authorized mooring services. The revised Moorings Rules and Regulations presented to the Board tonight is a result of this collaborative effort. Don briefly went over the highlights contained in a memo from John Carnuccio, Chairman of the DBMC.
The highlights of the recommended changes include:
1. Moving most administration requirements and processes to Town Hall Offices.
2. Unifying all new mooring applications, waiting lists and renewals dates and deadlines
3. A more user friendly applications/renewal dates and deadlines – allowing more time to complete and comply
4. Eliminate applicant anniversary dates for renewals; standardize annual calendar dates
5. Notices mailed by Town Offices at the same time for all renewal categories
6. Certified letters sent to delinquent applicants
7. No longer require local mooring service companies to be a partner or responsible for enforcement
8. Link approvals to payment fee compliance with other town fees
9. Key Dates:
a. Feb/ 15th (on or before): all renewals mailed
b. April 1st: all renewal applications and fees due
c. May 1st (on or before): certified letter sent to delinquent renewal applicants
d. June 1st: all delinquent renewal applicants permanently lose previously assigned mooring locations or position on waiting list
Don elaborated on the above with the following points:
· The Mooring Task Force believes this will result in a more efficient and fairer system.
· The Treasurer’s office will be better able to manage the administrative aspects of the program because they have access to records to check that an applicant’s taxes etc. are current. This should allow for better quality control.
· The mailing schedule was developed with Beth Conway’s (Town Treasurer’s) input and does allow flexibility as to when the mailings are issued.
· By making all renewal dates the same it will make it easier for people to remember and to track the renewals. Other local communities have been using this system and have found it much more efficient.
· In the past the mooring service often got caught in an enforcement role. With the administrative burden lifted, the Harbormaster’s Office will be able to focus on the enforcement, which is where it should be.
· Mailing timeframes and certified notice to delinquents should allow for summer residents to receive the notice and respond before losing their mooring or position on the Waiting List.
Mr. Martecchini commented this has added work to the Treasurer’s Office, and wondered if they were okay with it. Mr. MacDonald assured him that he and the Treasurer feel the work can be managed given the staff and some newer automated systems.
Mr. Martecchini asked if Waiting Lists will be put on the web? Answer: Don Beers said yes, he could not see any problem with doing so.
Mr. Martecchini moved that the Board of Selectmen approve and adopt the revised Rules and Regulations for Moorings, Permits and Waiting Lists as presented effective immediately. Second by Ms. Sullivan. Motion was unanimously passed. Vote (2:0:0).
ADOPTION OF EMERGENCY MANAGEMENT PROCEDURES FOR INFECTIOUS DISEASE / Fire Chief Kevin Nord
Fire Chief Nord submitted for the Board’s approval a document for insertion in the Comprehensive Emergency Management Plan (CEMP) as Appendix A Infectious Disease. This document was prepared with input from the Board of Health and Jennifer Dalrymple, the Health Agent. The focus of this section was just to provide an overview for preparedness, with respect to basic equipment and personnel. It provides an outline of steps as to how the Town will proceed in the event of an influenza pandemic (such as avian flu) and/or the release of a biological agent in a bioterrorist attack. The goal in developing an Infectious Emergency Response Plan (IERP) is for the Town to have the capability of dispensing medications for treatment of at least 80% of the population within 24 hours of a declared outbreak. Points
touched upon during the discussion:
· At this time the plan is for two dispensing sites: the High School and the Chandler School.
· The full plan will look at more specifics regarding: Notification systems, personnel to assist in dispensing medications (i.e., medically-trained retirees and call firefighters, etc.), station to station flow for an orderly processing of individuals, supplies required (basics such as tables, chairs, clipboards, etc.), and medication dispensing.
· Concerns raised revolved around issues of the Town’s liability. Any incidents would likely fall under the “Good Samaritan” Act. And furthermore, there might be just as great liability if the Town does not provide for such situations. Standard waivers will likely be incorporated into the plan.
Mr. Martecchini saw no problem in approving this portion of the plan. Does feel there are questions which might need to be considered when dealing with the more comprehensive plan.
Mr. Martecchini moved that the Board accept the “Appendix A Infectious Disease,” as presented by Fire Chief Kevin Nord, for insertion in the Town of Duxbury’s Comprehensive Emergency Management Plan (CEMP). Second by Ms. Sullivan. Motion was passed unanimously. Vote (2:0:0).
NUCLEAR ADVISORY COMMITTEE: PROPOSED WARRANT ARTICLES
Ms. Pixie Lampert (Chair) and Ms. Becky Chin were present to represent the Nuclear Advisory Committee (NAC).
There are 3 articles from the Nuclear Advisory Committee for consideration. It was agreed Ms. Sullivan would read each article and then each would be discussed before going on to the next.
AN ARTICLE PERTAINING TO NOTIFICATION
To see if the Town will raise, accept grant monies or appropriate from available funds a sum of money to implement a computerized rapid dialing telephone calling system that can be used by all town departments to notify the public and/or personnel in a timely manner; or take any action in relation thereto.
(Duxbury Nuclear Advisory Committee, Duxbury Emergency Mgmt. Agency, Duxbury Fire Department)
Purpose of the Article: The NAC is proposing this article because (a) such a system is needed and could be utilized for mass notifications for an number of reasons and (b) passing the article would bolster the Town’s position in obtaining grants.
Discussion: The NAC is just beginning to gather information from vendors, and therefore they are not able to provide dollar amounts or more specifics yet. Article can be general but a motion does need to have a dollar amount included in order to for Town Meeting to vote to appropriate it. Also mentioned that many grants require matching funds. Chief Nord did advise that Homeland Security grants often don’t require a match. He supports the article. After much discussion the general concensus was that while the Board supports the concept that without any dollar amounts indicated it is not yet ready for the Board to vote to support it as an article.
AN ARTICLE PERTAINING TO FINANCIAL COMPENSATION FROM ENTERGY
The Town of Duxbury recognizes that the operations of the Pilgrim Nuclear Power Station and the storage of radioactive waste on site have an economic impact on the Town of Duxbury that deserves commensurate compensation from the licensee. Therefore the Town is directed to negotiate with Entergy; examine legislative measures; and all other means to assure proper compensation.
(Duxbury Nuclear Advisory Committee, Duxbury Emergency Management Agency)
Purpose of the Article: A way of stating the Town’s position to open the door to discussion with Entergy and the legislature so that proper compensation will not just go to host community, but be shared with other communities impacted by the presence of the Pilgrim Nuclear Power Station.
Discussion: Brief comments that given Pilgrim is seeking renewal of its license this is an appropriate time for the Town to take this position.
Mr. Martecchini moved that the Board supports the article that seeks financial compensation from Entergy. Second by Ms. Sullivan. The motion was unanimously passed. Vote (2:0:0).
AN ARTICLE PERTAINING TO EMERGENCY PLANNING
The Town of Duxbury opposes the Nuclear Regulatory Commission’s and licensee’s new emergency planning policy that states, “The minimum recommendation that shall be made at a General Emergency is to evacuate 2 miles around and 5 miles downwind from the plant.” The Town of Duxbury recognizes that the impact from a nuclear disaster in a General Emergency is far greater than 2 miles around and 5 miles downwind and therefore planning should not be reduced from the current 10-mile Emergency Planning Zone, rather it should be expanded; further the concept of "downwind" is not
appropriate in a coastal community where wind directions are variable. The Clerk of Duxbury shall forward the text of this Article to the Town of Duxbury’s State and Federal delegations, to all Select Boards within the Emergency Planning Zone of Pilgrim NPS, the Nuclear Regulatory Commission and Entergy Corp., so that the intent of the Citizens of Duxbury is widely known.
(Duxbury Nuclear Advisory Committee)
Purpose: Ms. Lampert’s interpretation is that an evacuation just limited to the 2 miles around and 5 miles downwind is not sufficient and that this evacuation zone should be enlarged as Duxbury is outside of the limit.
Discussion: Ms. Lampert’s position was Duxbury would be in the fallout zone, even though it is outside of the “2 miles around and 5 miles downwind” given that coastal winds don’t necessarily blow in one direction. She further explained that residents outside that zone would be expected to shelter and listen to broadcasts for further instructions.
Upon further discussion it was felt that based solely on the wording presented there could be other interpretations. One was that this wording is appropriate as it would dictate there has to be an evacuation within this zone. What is presented does not really get into what is presented for areas beyond this zone. Given the confusion it was felt more time was needed to review the article and therefore a decision on it was deferred.
Mr. Tuffy arrived at 8:29 PM during discussion of the above matter. As discussion was completed on that matter he assumed the Chair for the rest of the meeting.
Mr. Martecchini made a motion that the Board reopen the Warrant for Annual Town Meeting. Second by Ms. Sullivan. Motion was passed unanimously. Vote (3:0:0).
The Board has received a communication that there is a need to:
1. Remove an article regarding Chandler Field submitted by the Community Preservation Committee (CPC).
Rationale: The CPC had actually voted to defer this project for a year and therefore, the article should not have been submitted.
2. Move the article for the Fish Ladder and Pollution study grants to the Special Town Meeting.
Rationale: Per memo from Joe Grady, it is expected that these grant funds will be expended by June 30, 2006 and therefore this article should taken up in the Special Town Meeting.
3. Add an article concerning funding of the Fourth of July parade.
Rationale: Due to an oversight this article was not previously included and it should be.
4. Add a Water & Sewer Advisory Board article per the Government Study Committee.
Rationale: Ms. Sullivan advised that they are not yet prepared to do so, and therefore asked that this be deferred.
Mr. Tuffy made a motion to make the following changes to the Annual Town Meeting warrant: to remove the article regarding the Chandler Field, to move an article regarding Fish Ladder and Pollution study grants from the Annual Town Meeting to the Special Town Meeting, and to add an article regarding funding of the Fourth of July parade. Seconded by Ms. Sullivan. Motion passed unanimously. VOTE (3:0:0).
Mr. Martecchini made a motion that the Board close the Warrant for Annual Town Meeting. Second by Ms. Sullivan. Motion was passed unanimously. Vote (3:0:0).
BUSINESS
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. Tuffy made a motion to declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of February 2006, as per regulations in Attachment B & C of the Harbormaster’s memorandum dated 1/23/06; and to declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of February 2006, as per regulations in Attachment A & C of the Harbormaster’s memorandum dated 01/23/06; and to declare a temporary Bonus Shellfish Season for the recreational harvesting of softshell clams for the month of February 2006, as per regulations in attachment D. Second by Ms. Sullivan. Motion was passed unanimously. Vote (3:0:0).
TOWN MANAGER BRIEF
a. POOL
Advertising for bids for the dehumification project should appear on on February 8th. Bids are due March 1, 2006. In the interim, we have been doing some touch up work (painting) at the pool.
b. Island Creek Fish Ladder Status:
A $50,000. grant was received. In total about $168, 000. has been received and there is approximately $130, 000. in requests still outstanding. Some redesigns are in process.
Richard was asked if all grants have to be expended by June 30, 2006? Answer: Richard said that he was not sure. He will try to get clarification from Joe Grady and also to find out what the definition of “expended” is.
c. NStar / RE: Power Outages:
Richard announced that he has spoken to NStar and asked them to come in to explain what has been causing the frequent power outages and what is being done to rectify the problem. He mentioned that NStar is in Town doing tree removal and branch trimming as it has been several years.
d. Labor Counsel:
Richard said that we have been using a large firm. He thinks the Town would be as well served by using a smaller firm, which still could provide the same level of service. To that end he has met with several attorneys and he is asking the board to name Fernand “Fred” J. Duperé, Jr. strictly to serve as Labor Counsel. He made clear that Bob Troy will still remain as Town Counsel, but labor issues would be directed to Atty. Duperé. It was noted that this only affects general government side as the schools have their own labor counsel.
Mr. Martecchini moved that we appoint Atty. Fernand J. Duperé, Jr. as labor counsel. Second by Ms. Sullivan. Motion was passed unanimously. Vote (3:0:0).
MINUTES
Mr. Martecchini moved to accept the minutes of January 9, 2006 as written. Second by Ms. Sullivan. Vote in favor of the motion was (3:0:0).
APPOINTMENT
It was explained that Tom Daley and Paul Balboni were Duxbury’s representatives to the South Shore Recycling Cooperative (SSRC). Mr. Balboni has left and Ed Vickers as filled
Mr. Balboni’s position. Accordingly, the Board has been asked to appoint Ed as a Duxbury representative to the South Shore Recycling Cooperative (SSRC) so the Town will again have two representatives.
Ms. Sullivan moved to appoint Mr. Ed Vickers as the Duxbury representative to the South Shore Recycling Cooperative (SSRC), for an unspecified term. Second by Mr. Martecchini. Vote in favor of the motion was (3:0:0).
ADJOURNMENT
Mr. Martecchini moved for adjournment at 8:52 PM. Second by Ms. Sullivan. Vote in favor of the motion was (3:0:0). Meeting Adjourned.
Respectfully submitted,
C. Anne Murray
Dept. Secretary, Town Manager / Board of Selectmen
| 
