Date: March 19, 2007
Date Minutes Approved: March 26, 2007
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Chair; Andre Martecchini, Vice-Chair, and John Tuffy, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald; 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.
INTRODUCTION OF NEW TENANT AT HALL'S CORNER: VICTOR LEON / FOODIE'S
Ms. Sullivan was delighted to make both an announcement and an introduction. She announced that a lease has been signed between Foodies and Mellon Bank for the former
A & P space. She introduced the Owners of Foodies, Mr. Victor Leon and his son (also Victor Leon), and David Bourret of Boston Private Bank. Ms. Sullivan mentioned that Foodies currently has a store in South Boston on Washington ST across from the Cathedral.
Mr. Leon then addressed the audience and the viewing public to say how excited they were about the opportunity to establish a store in Duxbury. He said they are looking forward to receiving input from the community on the types of items the Duxbury residents would like them to stock.
Mr. Martecchini suggested the Duxbury Business Association (DBA) might be able to help by facilitating with a questionnaire. A representative from the Duxbury Business Association (DBA) welcomed Mr. Leon and his son, and assured them the DBA would assist in anyway possible, and extend an invitation for Mr. Leon and his son to attend the next DBA Meeting on April 25, 2007.
At Mr. Martecchini’s urging Mr. Leon described Foodies and the timeframe for its Duxbury opening. Mr. Leon described Foodies as a cross between Whole Foods with its gourmet and organic offerings and more conventional supermarkets, which provide the conventional staples. He said the key word to describe their perishables is “fresh.” Their grocery items include a variety of conventional, gourmet, and natural/organic. Foodie prides itself on customer service and to that end they will be interested to know what the Duxbury shoppers would like in the store.
The timeframe for opening is contingent upon a complete renovation of the space and the delivery of equipment. Optimistically they would like to be open by late July/early August, but realistically September would be more likely.
Just so the public would know Mr. Martecchini did mention that there will be some activity in that plaza within the next month or so as the septic system will be rebuilt.
EVENT PERMIT REQUEST: MS BIKE TOUR/ June 23, 2007
John Siemiatkoski, Development Manager for the National Multiple Sclerosis (MS) Society was in attendance to speak about the event.
The 23rd Annual Great Mass Getaway MS 150 Bike Tour is a 2-day 150-mile bicycle tour of 1,500 cyclists riding from CityQuincy to placeCityProvincetown to support and raise funds for the National MS Society. The ride will take place on June 23-24, 2007, and they expect that riders will be in Duxbury from approximately 9 AM-Noon on Sat, June 23rd. This year they are requesting a rest stop at Duxbury Middle School from 8 AM (set up) until 2 PM (closing). At the rest stop the cyclists will be given beverages (water / juices) and wrapped sandwiches. Music will be provided by a DJ or played on a boom box. Arrangements have been made for a tent and portapotties.
This year they are requesting three things: (1) permission to travel through Duxbury, (2) permission for the rest stop, and (3) permission to use the Duxbury Middle School as a shelter should the need arise due to inclement weather.
Ms. Sullivan noted that the request has been circulated to the appropriate departments with no objections, but some conditions.
Mr. Martecchini moved that the Board grant to the National Multiple Sclerosis Society permission to conduct a portion of their 23rd annual Great Mass Getaway Bike Tour in the Town of Duxbury on June 23-24, 2007 and to use the Duxbury Middle School as a rest stop contingent on the conditions outlined in the Event Permit.
Second by Mr. Tuffy. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: Monsignor William Glynn/
Anniversary Party on April 28, 2007
Ms. Sullivan announced a one-day liquor license request was received for a party on April 28, 2007 in honor of Rev. Msgr. William F. Glynn’s 60th Anniversary of his Ordination. This will be a dinner for approx. 400 people in a tent to be erected on the lower field off Chestnut ST. Music will be provided by the Noel Henry Bank and catering will be by Fasano Caterers.
Ms. Sullivan noted that the request had been circulated to the appropriate departments with no objections, but noted the standard public safety conditions.
Mr. Martecchini moved that the Board grant to Rev. Msgr. William F. Glynn, as a representative of Holy Family Church, a one-day liquor license to hold an Ordination Anniversary Celebration at Holy Family Church (601 Tremont ST) on Saturday, April 28, 2007 from 7:00 PM to midnight, subject to the conditions outlined in the Events Permit.
Second by Mr. Tuffy. Vote: 3:0:0.
DUXBURY EMERGENCY SHELTERS / Chief Kevin Nord
Chief Nord and Deputy Chief Carrico were in attendance to discuss this with the Board.
Chief Nord explained that the list of emergency shelters was set a long time ago. The Red Cross recently conducted a survey of the Duxbury emergency shelters. In recommending shelters The Red Cross looks at facilities that could suit any number of emergency situations. The chosen sites must also have (a) food preparation facilities and (b) restroom facilities for the number of people it would be expect to house. Chief Nord asked the Board to update the emergency shelter list in conjunction with The Red Cross’ recommendations.
Mr. Martecchini moved that the Board of Selectmen vote to have the following locations designated as Duxbury emergency shelters: Alden School, Chandler School, Council on Agency, Duxbury Free Library, Duxbury High School, and the Duxbury Middle School. Second by Mr. Tuffy. Vote: 3:0:0.
Mr. Martecchini moved that the Board of Selectmen declassify the following locations and removed them from the emergency shelter list: Percy Walker Pool, Old Town Hall, New Town Hall, and the Wright Building, with the proviso that the Wright Building be reconsidered after it has a Certificate of Occupancy and a survey is conducted. Second by Mr. Tuffy. Vote: 3:0:0.
EXECUTION OF INTERMUNICIPAL HEALTH SERVICES AGREEMENT
Town Meeting approved ATM Article #22, allowing Duxbury to enter into an intermunicipal health services agreement with one or more governmental units. Town Counsel has reviewed the Agreement “as to form” and it is acceptable. Chief Nord just mentioned that this is similar to the emergency services mutual aid agreements in which local towns assist each other. Ms. Sullivan said the Agreement will be signed at the end of the meeting.
FAREWELL TO SELECTMAN JOHN TUFFY
Before continuing with other business Ms. Sullivan announced that this is Mr. Tuffy’s last meeting as a Selectman. She made some remarks regarding how much she valued his contributions and his “wit and wisdom.” Mr. Martecchini echoed those sentiments, and wished him well.
Mr. Tuffy acknowledged his colleagues comments and spoke of how much he has enjoyed working with all the volunteers on so many different boards and committees.
Mr. MacDonald said he has been waiting some time to say it and addressing Mr. Tuffy said “You have done a common thing uncommonly well.”
BUSINESS
Returning to the business of the meeting, Ms. Sullivan said she was concerned by the recent number of people who questioned or re-interpreted the opinions being provided by Town Counsel. Ms. Sullivan suggested that the Board consider preparing a memo to be sent to the Chairs of Boards and Committees regarding the role of Town Counsel and what his opinion does mean. Mr. Martecchini said that any request made to Town Counsel should go through the Town Manager as we must be aware of the costs. Mr. MacDonald indicated that he would mention this at the Dept. Head Staff meeting on Wednesday.
TOWN MANAGER’S BRIEF
1. Comcast Billing: Mr. MacDonald said that there were some concerns recently by Duxbury Seniors that they were not receiving the “senior discount.” Mr. MacDonald assured them that if they were receiving the senior discount before that Comcast was honoring it. The senior discount is available to anyone age 62 or older and the senior just needs to call 1-800- COMCAST to receive information about it.
2. Per the recommendation of the Public Safety Building Feasibility Study Committee, Mr. MacDonald has awarded the contract for a study of the Fire Station to the Carrell Group.
3. The housing consultant will make a presentation to a joint meeting of the Planning Board and the Local Housing Partnership (LHP) sometime in April. After that a presentation will be made to the Board of Selectmen.
4. Open Space Surveys: Approximately 1200 open space surveys have been received and the results are being tabulated.
5. Website Recognition: On Thursday, March 15th, Duxbury was one of 5 South Shore communities to be recognized by Common Cause for its excellence in providing access to municipal documents on its Town website. Mary Beth MacQuarrie attended as the representative for the Town.
6. Logan Flight Path Meeting: On Thursday, March 15th Mr. MacDonald and Mr. Martecchini attend a meeting at the State House with FAA and Massport representatives. The meeting was arranged by Rep. Frank Hynes for representatives from Marshfield, Duxbury and Scituate because a Citizen Advisory Council of 29 communities has been meeting to discuss changes to the Logan flight paths but Duxbury, Marshfield and Scituate were not included in those discussions.
Mr. Martecchini provided some details mentioning the following:
· The meeting was quite contentious as the FAA has set up routes which will affect the Duxbury, Marshfield, and Scituate area, but our communities had no representation on the committee.
· The new flight paths do tend to be more concentrated over Duxbury, but some might be at a higher altitude, which helps with noise mitigation.
· They will be doing further noise assessments. As long as the impacts are within 65 decibels with no change of more than 5 decibels then the route will be implemented as it is within the legal standards. For any route changes that have noise outside the allowable standards will be referred to a phase 2 study. The end result was that there will be another meeting convened in May.
MINUTES
Mr. Tuffy moved that the Board of Selectmen approve, as presented, the Minutes of the
March 6, 2007 meeting. Second by Mr. Martecchini. Vote: 3:0:0.
Mr. Tuffy moved that the Board of Selectmen approve, as presented, the Minutes of the March 10, 2007 meeting. Second by Mr. Martecchini. Vote: 3:0:0.
Committee Appointments/Re-appointments – None.
EXECUTIVE SESSION
Ms. Sullivan moved that the Board to go into Executive Session to consider the purchase, exchange, lease or value of real property, and to reconvene in Open Session solely for the purpose of adjournment. Second by Mr. Martecchini. Vote: Ms. Sullivan “aye”; Mr. Martecchini “aye”; Mr. Tuffy “aye”. VOTE: 3:0:0.
Entered Executive Session at 8:10 PM.
The public left the meeting room. Mr. Troy explained that he needed to discuss some legal issues with the Board regarding the Wright Building without the representatives of the Duxbury Student Union Association (DSUA) present, but then it would be appropriate for the Board to discuss the matter in Open Session.
Ms. Murray was dispatched to explain to those who had just left the Mural Room that the Board would be reconvening in Open Session shortly should they wish to stay.
RE-CONVENE OPEN SESSION
Having completed the business of Executive Session the Board re-convened in Open Session at approximately 8:20 PM to discuss aspects of the Duxbury Student Union Association’s proposal and lease regarding space in the Wright Building.
In attendance were Mr. Steve Jones, President, and Ms. Deborah Bowen and Ms. Debra Jewell, Directors, of the Duxbury Student Union Association (DSUA). Mr. Troy, Town Counsel, was also present.
Mr. Troy explained that once the lease is signed it supersedes the RFP.
The Board and Mr. Troy discussed with the DSUA representatives two main concerns before the Board could execute a lease for their use of the Wright Building:
1. Clarification of the DSUA’s intentions with regard to bringing in another non-profit organization as a third-party administrator; and
2. The financial aspects, specifically the amount of funds the DSUA has on deposit relative to the representations made in their proposal.
Regarding the first point the questioning was to clarify whether the DSUA would be hiring a third party to help run the center under the management and oversight of the DSUA or turning over the youth center to a non-profit third party. Mr. Troy explained that while the former would be acceptable under the terms of the request for proposals (RFP); the latter would not. The DSUA representatives responded by assuring the Selectmen that the DSUA was still going to be overseeing the administration and the policies. DSUA indicated they are still in discussion with the third party and anticipate making a final determination by mid-April.
There was considerable discussion about the status of the DSUA’s funding situation and services outlined in the DSUA’s Business Plan. The Plan did include representations that the DSUA would have a minimum of $300,000. on deposit prior to the opening. According to the DSUA Business Plan that amount along with the anticipated revenues in the first two years were identified as needed to fund the first two years of operations and capital investments, prior to its opening.
Mr. MacDonald mention the opening of the Wright Building is waiting for inspection by the elevator inspectors and then Mr. Lambiase can inspect it to issue the final occupancy permit. So the opening of the Wright Building is anticipated shortly.
Mr. Tuffy did point out that the DSUA’s Business Plan was incorporated in the DSUA’s proposal for the Wright Building. The staffing, financing and funding information within the DSUA Business Plan made their proposal attractive.
The DSUA representatives indicated that they have not reached that funding yet, and gave assurances that they are actively pursuing it.
The Board of Selectmen made it clear that they have a fiduciary responsibility in this matter and before they will execute the lease the DSUA needs to provide an update regarding the DSUA financial status and arrangements with the third-party non-profit administrator. It was agreed that the DSUA would contact Mr. MacDonald when they are ready to provide this information, tentatively by mid-April, and Mr. MacDonald will notify the Board of Selectman
ADJOURNMENT
Mr. Tuffy moved for adjournment at 9:17 PM. Second by Mr. Martecchini. Vote: 3:0:0. Meeting Adjourned.
Respectfully submitted,
C. Anne Murray
Dept. Secretary, Town Manager / Board of Selectmen
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