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06-05-06 Board of Selectmen Minutes


Date:    June 5, 2006

Date Minutes Approved: June 19, 2006


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

Absent:  No members were absent.

Staff:  Richard MacDonald, Town Manager; and Barbara Ripley, Executive Assistant.

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


OPEN FORUM

No items were discussed.


REPORT FROM ECONOMIC ADVISORY COMMITTEE (EAC)

Present were Anne Antonellis (Chair), Megan Greenstein (At-Large Member), and Andre Martecchini (Selectmen Liaison).  Ms. Antonellis and Ms. Greenstein presented a list of issues brought to the attention of the EAC at forums sponsored for the Duxbury business community.  These include:  speeding vehicles, pedestrian safety, parking at Snug Harbor, signage, and Hall’s Corner “aesthetics”.   Mr. Martecchini added the desire of businesspeople that our permitting process be made more user-friendly.  Potential solutions were described for each issue, as well as the steps the EAC plans to take to promote these solutions.

Ms. Antonellis and Ms. Greenstein said that the goal of the EAC is to promote business activity in Duxbury.  They said that the Town has lost business to the Derby Street Shoppes in Hingham.  They would like to see the Town take some steps to advance the business interests of the community.  Ms. Sullivan noted that the amenities of the Derby Street Shoppes are paid for by the shop proprietors, not by the Town of Hingham.  Nonetheless, it was agreed that the Town should participate in cooperative efforts with the business community.  For example, the Town could consider providing a bucket truck to help with the installation of lights for the holiday season.

The Board thanked the EAC for their work to date, and encouraged the Town Manager to work with the EAC on cooperative efforts between the Town and the business community.


BLUEFISH RIVER FIREHOUSE

Ms. Nancy Bennett, from the Friends of the Bluefish River Firehouse, was present.  She announced that the Friends are only $500.00 shy of their fundraising goal.

Mr. Martecchini moved that the Board of Selectmen accept the following gifts, with gratitude, for the restoration of the Bluefish River Firehouse:


·       Three outside lights (value $258.46) from Mr. and Mrs. Emmett Sheehan
·       Painting supplies (value $250.90) from Raymond’s Paint Paddle, Depot Street
·       Five-hundred dollars, from Ms. Barbara Kiley

Second by Ms. Sullivan.  Vote: 2:0:0.


ONE-DAY LIQUOR LICENSE REQUEST: PATRICK BROWNE FOR DUXBURY RURAL & HISTORICAL SOCIETY/ RECEPTION ON JUNE 24, 2006

Ms. Allison Arnold was present to represent the DHRS.  She said that the event is for members, and is a wine and cheese reception for the opening of the Society’s exhibit on architectural details in local homes.  Ms. Arnold also provided the updated liquor liability insurance certificate as required.  Ms. Sullivan noted that all other paperwork and approvals have been obtained.

Mr. Martecchini moved that the Board of Selectmen grant a One-Day Wine and Malt Pouring License for Patrick Browne, as a representative of the Duxbury Rural and Historical Society, for a reception to be held at the King Caesar House on Saturday, June 24, 2006 from 5:00 PM to 7:00 PM, subject to the conditions described in memoranda from Duxbury Public Safety Personnel.  Second by Ms. Sullivan.  Vote: 2:0:0.


FEE HEARING:  DPW, PERCY WALKER POOL, AND INSPECTIONAL SERVICES

Mr. Frank Mangione, Fiscal Advisory Committee Chairman, was present.

DPW:  Mr. Tom Daley, DPW Director, was present.  He explained that the increased volume of commercial and demolition debris (C&D), along with the increased cost of disposing it, has increased Transfer Station expenses significantly.  After surveying other Towns, and after meeting with the Fiscal Advisory Committee, Mr. Daley said that he is proposing new fees for the disposal of upholstered items, tires, hot water heaters, and C&D waste.  These were previously covered under the regular transfer station sticker price.  

Ms. Sullivan recommended better policing at the Transfer Station, since it appears that local contractors are disposing of commercial waste under the resident sticker program.  She asked Police Chief Mark Deluca (who was present) to be available to assist Transfer Station staff if they encounter problems with these issues.

Mr. Martecchini expressed concerns with traffic jams that could occur as Transfer Station staff implements the system of charging for these items.   He suggested that, if the check-in station for these items was moved to the C&D area, that less congestion would result.  He also suggested that it might be wise to implement the new fees for C&D items only, since this is the biggest cost center, and since this would dovetail nicely with moving the check-in center to the C&D area.  Ms. Sullivan, Mr. Daley, and Mr. Mangione agreed.

Mr. Martecchini moved that the Board of Selectmen adopt the Proposed Fees for Commercial and Demolition Debris, effective 8/2/06, as approved by the Fiscal Advisory Committee on 5/23/06.  Second by Ms. Sullivan.  Vote: 2:0:0.

Mr. Daley commented that he has devised an implementation plan, which includes providing information, as soon as possible, to the public about the new fees.


PERCY WALKER POOL:  Mr. Gordon Cushing, Recreation Director, was present.  He explained that the fees have not been revised since 2004, and that the increases are needed to cover increasing costs of pool operation.  He provided price comparisons with other local pools, and with other municipal pools.

After discussion, Mr. Martecchini moved that the Board of Selectmen adopt, effective immediately after filing with the Town Clerk, the new fee schedule proposed for the Percy Walker Pool by the Recreation Director on April 12, 2006, and approved by the Fiscal Advisory Committee on May 23, 2006, noting that the fee for a Resident Adult Six-Month Membership will be $150.00 (correcting a typographical error on the original proposed fees).  Second by Ms. Sullivan.  Vote: 2:0:0.

INSPECTIONAL SERVICES:  Mr. Scott Lambiase, Director of Inspectional Services, was present.  He explained that Inspectional Services fees have not been revised since 2004.  At that time, the estimate of construction costs for residential construction (from which fees are derived) was $80 per square foot.  Mr. Lambiase checked with several estimating services, who estimate current construction costs to be between $103/SF and $106/SF.  Therefore, he is recommending that the Town adopt a construction cost estimate of $90/SF, and that the building permit cost remain at 1% of that figure.  In addition, he recommended fee increases for miscellaneous construction permits, as well as 10% increases for plumbing, gas, and electrical permits.  With regard to Zoning Board of Appeals (ZBA) fees, he recommended keeping them the same with three exceptions:  1) Raise the filing fee for Special Permits from $150.00 to $200.00; 2) Institute a new fee of $50.00 for a Cluster Development amendment hearing; and 3) Institute a rescheduling fee for a cancellation without 48 hours notice of $75.00.

Mr. Martecchini noted that he is in agreement with all of the proposals, except that he felt that the no-show fee should be $200.00, given the cost and inconvenience of no-shows.  
After discussion, it was decided that $150.00 would be an appropriate no-show fee, and that 36 hours notice should be required for cancellations.  Mr. Mangione agreed.

Mr. Martecchini moved that the Board of Selectmen adopt, effective July 1, 2006, the proposed fee schedule as proposed by the Director of Inspectional Services and approved by the Fiscal Advisory Committee on 5/23/06, with the exception of raising the no-show fee (for cancellations after 36 hours prior to the hearing) for ZBA hearings to $150.00, with hearings not to be rescheduled until the fee is paid.  Second by Ms. Sullivan.  Vote: 2:0:0.


ELLISON FUND DISCUSSION AND RECOMMENDATIONS

Peter Buttkus, Director of Lands and Natural Resources, was present.  Gordon Cushing, Recreation Director, was present.  Mr. Cushing explained that many years ago, the Town received a gift of $294,000 in the form of the Eben H. Ellison Fund.  Terms of the fund state that it is to be a non-expendable trust, but that proceeds of the fund may be spent as follows:  Half of the interest earnings may be spent on worthy Town projects and half of the interest may be spent for the upkeep of the Ellison Playgrounds.  For the past several years, there has not been sufficient interest to allow for spending.  However, at this time, there is an interest balance of $22,702.  Ms. Conway, Duxbury Town Treasurer, recommends a maximum distribution of $20,000 and a conservative distribution of $15,000.  Mr. Cushing said that he and Mr. Buttkus would recommend following the conservative recommendation.  

Mr. Cushing explained that, in previous years, the Recreation Director and Director of Lands and Natural Resources have made recommendations to the Board of Selectmen about:  1) How much of the fund to spend; 2) Worthy Town projects; and 3) Upkeep needed at the Ellison Playground.  The Selectmen have voted their recommendations, which are conveyed to the Trustees of the Ellison Fund for a final decision.

After discussion, Mr. Martecchini moved that the Board of Selectmen recommend the following projects to the Ellison Fund Trustees:   1)  $7,500.00 to reseal, repair, paint and re-line the tennis courts located at the Wadsworth Avenue playground area and Alden Street tennis court area (with preference given to the Wadsworth court); and 2) $7,500.00 for Ellison Playground maintenance ($3,200.00 for fibar impact zone material, $2,500.00 to remove the landscape planter and purchase picnic tables if possible, $1,800.00 to repair various playground apparatus).  Second by Ms. Sullivan.  Vote: 2:0:0.


RECOGNITION OF POLICE DEPARTMENT ACCREDITATION

Chief Mark Deluca and Lieutenant Susan James were present.  Chief Deluca said that the department has been working on this goal for six years.  Only 24 towns out of 350 cities and towns in the Commonwealth have been accredited by the Massachusetts Police Accreditation Commission.  We are the only Town in Plymouth County, and only one of two in Southeastern Massachusetts.  Ms. Sullivan offered congratulations on the achievement and appreciation for all this will mean for the Town.


VENDOR APPLICATION REQUEST

Mr. Robert Shine, 300 S. River Street, Marshfield, was present.  He would like to sell hot dogs at Mattakeeset Court, as he did last year.  

Ms. Sullivan explained that the Board has already issued a permit to Jay Johnson to sell Italian Ice at that location, not knowing that Mr. Shine intended to return this year.  He explained that he made application to the Board of Health, but did not realize that he needed to obtain permission from the Selectmen as well.  

Mr. MacDonald offered to work with the Harbormaster, Mr. Shine, and Mr. Johnson to work out a suitable location and schedule.

Mr. Martecchini moved to grant a permit to Mr. Robert Shine to operate a hot dog stand at Mattakeeset Court from June 1st to Labor Day, contingent upon a schedule and location as approved by the Harbormaster and Town Manager.  Second by Ms. Sullivan.  Vote: 2:0:0.


EXECUTION OF AGREEMENT WITH JOHNSON MANAGEMENT RE: NORTH HILL GOLF COURSE

Mr. MacDonald said that the original management agreement for the North Hill Golf Course called for Johnson Management to pay real estate taxes on the property.  However, it has become apparent that since the Town owns the property, that this is not a suitable arrangement.  The Town has come to an agreement with Johnson Management for a Payment in Lieu of Taxes of $4,000.00 per year.  All parties have agreed, and the Board of Selectmen signatures on the agreement are required.

Related discussion about the golf course included the comment by Mr. Cushing that revenue at the golf course is down.  The amount of golf being played nationally is down, and there is a profusion of golf courses.  The Town is fortunate in that the agreement with Johnson Management is for a set yearly fee, and does not depend on the number of rounds played.

Mr. Martecchini moved that the Board of Selectmen agree to sign the Stipulation and Agreement between Johnson Golf Management and the Town of Duxbury, as submitted on May 30, 2006.  Second by Ms. Sullivan.  Vote: 2:0:0.


TOWN MANAGER GOALS AND OBJECTIVES

Mr. Tuffy arrived at this point.

Mr. MacDonald reviewed a list of Town Manager Goals and Objectives for the Fiscal Year of July 1, 2006 to June 30, 2007.  The areas of concentration include Finance, Personnel, Infrastructure, and General Management.  The Board supported the list of objectives and requested a mid-term report in January 2007.


BONUS SHELLFISH SEASON

Mr. Martecchini moved to:

·       Declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of June 2006, with regulations according to Attachments B & C of the Harbormaster Memorandum of May 31, 2006;  and

·       Declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of June 2006, with regulations according the Attachments A & C of the Harbormaster Memorandum of May 31, 2006; and

·       Declare a temporary Bonus Shellfish Season for the recreational harvesting of Soft Shell clams for the month of June 2006, with regulations according to Attachment D of the Harbormaster Memorandum of May 31, 2006.

Second by Mr. Tuffy.  Vote: 3:0:0.


TOWN MANAGER REPORT

·       Fuel consumption is down substantially, due to the new monitoring program and restrictions against idling vehicles.

·       Town crews are actively working to pick up litter in Town.

·       Building permits for two million dollars worth of construction were issued in the month of May.

·       The Town’s Health Agent, Jennifer Dalrymple, has resigned effective July 5, 2006.  She will be missed, especially for her proactive approach to public health problems.


MINUTES

Mr. Martecchini moved to accept the minutes of the Executive Session held on May 17, 2006 as written; such minutes to be kept confidential until the issue is resolved.  Second by Mr. Tuffy.  Vote: 3:0:0.

Mr. Martecchini moved to accept the minutes of the Open Session held on May 22, 2006 as written.  Second by Mr. Tuffy.  Vote: 3:0:0.


COMMITTEE APPOINTMENTS

Mr. Tuffy moved to re-appoint Mr. William J. Kearney for a three-year term on the Cable TV Advisory Committee, such term to expire on 6/30/09.  Second by Mr. Martecchini.  Vote: 3:0:0.

Mr. Tuffy moved to appoint Mr. Richard D. Sigrist for a three-year term on the Cable TV Advisory Committee, such term to expire on 6/30/09.  Second by Mr. Martecchini.  Vote: 3:0:0.


ADJOURNMENT

Mr. Tuffy moved to adjourn the meeting at 9:36 PM.  Second by Mr. Martecchini.  Vote: 3:0:0.