Date: June 4, 2007
Date Minutes Approved: June 25, 2007
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; Jon Witten, Vice-Chair, and Elizabeth Sullivan, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; and
C. Anne Murray, Dept. Secretary
The meeting was called to order at 7:03 PM.
VOTE TO ENTER EXECUTIVE SESSION
Mr. Martecchini moved that the Board enter Executive Session in order to discuss strategy with respect to litigation since an open meeting may have a detrimental effect on the Town’s litigating position, in accordance with M.G.L. chapter 39, section 23B, and then to reconvene in Open Session. Roll Call Vote: Ms. Sullivan: aye; Mr. Witten: aye; Mr. Martecchini: aye.
Having completed the business of the Executive Session the Board of Selectmen voted to reconvene in Open Session at approximately 7:28 PM
After allowing several minutes for the Public to enter the room the Open Session began.
OPEN FORUM
No items were brought forward by the audience.
ONE-DAY LIQUOR LICENSE REQUEST: PATRICK BROWNE FOR DUXBURY RURAL & HISTORICAL SOCIETY/ Wine & Cheese Reception on June 21, 2007
Request is for a one-day liquor license for a private rental. Mr. Martecchini noted the request had been circulated to the appropriate departments. The Police Department had no concerns. The Fire Department issued their standard condition that at the start of the event the fire exits be pointed out. Board of Health and Inspectional Services require the standard permits for food, tents, signs, and electrical work. Inspectional Services also noted that the second floor of the Nathaniel Winsor Jr. House is to be used for employees only.
Ms. Sullivan moved that the Board of Selectmen grant to Mr. Patrick Browne, as a representative of the Duxbury Rural & Historical Society a One-Day Wine & Malt License to hold a Wine & Cheese Reception at the Nathaniel Winsor Jr. House (479 Washington Street) on June 21, 2007 from 6:00 to 8:00 PM, contingent upon the conditions mentioned in the departmental memoranda. Second by Mr. Witten. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: PATRICK BROWNE FOR DUXBURY RURAL & HISTORICAL SOCIETY/ Potter Gallery Reception on June 23, 2007
Mr. Martecchini mentioned that the Board has a request for a one-day liquor license for a members’ opening of an exhibit at the King Caesar House Potter Gallery.
Mr. Martecchini reviewed the departmental memoranda and mentioned the following:
· Police: No concerns but did not the applicant will be hiring a detail officer.
· Fire: No concerns, but issued the standard requirement for announcing the fire exits at the beginning of the event.
· Inspectional Services: Does not object to the application but noted that approval is contingent upon compliance with occupancy capacity for the house not exceeding 49 people and proper permits from the Board of Health.
· Board of Health: Requires a menu and, if required, a Temporary Caterer’s Permit application prior to the event.
Mr. Witten moved that the Board of Selectmen grant to Mr. Patrick Browne, as a representative of the Duxbury Rural & Historical Society a One-Day Wine & Malt License to hold a Reception at the King Caesar House Potter Gallery on June 23, 2007 from 5:00 to 7:00 PM, contingent upon the departmental memoranda. Second by Ms. Sullivan.
Vote: 3:0:0.
ADDED: ONE-DAY LIQUOR LICENSE REQUEST: COA GOLF BANQUET (Previously approved. Rained out on 6-4-07. New date: 6-18-07)
Mr. Martecchini noted that this item was added to tonight’s agenda as the Council on Aging’s Golf Tournament, which had previously been granted a license for today, was postponed to June 18th due to the rain. All other details of the event are the same.
Ms. Sullivan moved that the Board of Selectmen amend the existing license granted to Mr. John A. Hamilton, as a representative of the Friends of the Duxbury Council on Aging, for a One-Day Wine & Malt License to hold a Banquet at the Duxbury Senior Center on Monday, June 18, 2007 from 5:00 PM to 8:00 PM. Second by Mr. Witten. Vote: 3:0:0.
EVENT PERMIT REQUEST: DUXBURY BEACH TRIATHLON
Mr. Brian Noyes, organizer of the Duxbury Beach Triathlon, was present. He mentioned to the Board that a meeting was held with the public safety officials. At that meeting it was determined that the date needed to be changed to Saturday, September 22, 2007 because of the tide schedule. Last year’s event raised $7,000.00 for the Police Athletic League (PAL) and $1,500.00 for the Special Olympics. Last year there were a total of 600 entrants and this year they are expanding that by 50 entrants.
Ms. Sullivan moved that the Board of Selectmen grant to Mr. Brian Noyes, as a representative of the Duxbury Beach Triathlon, permission to hold a triathlon event in Duxbury on Saturday, September 22, 2007, beginning at 8:00 AM, contingent on the following:
1. That the event is conducted under the conditions described in a Memorandum to Barbara
Ripley from the Duxbury Beach Triathlon, dated May 7, 2007;
2. That confirmation of compatibility with the Duxbury Beach Reservation Beach Sweep
schedule is received in the Selectmen's office by June 15, 2007;
3. That the Duxbury Beach Triathlon will hire five (5) firefighters/EMT, at the current
overtime rate, for the duration of each swim;
4. That tent and sign permits are obtained from the Building Department;
5. That any structures, platforms, and/or electrical work are inspected by the Building Dept.
prior to the event;
6. That all signs be removed within 72 hours after the event; and
7. That an application and signed contract for the portable toilets be submitted to the Board
of Health prior to the event.
Second by Mr. Witten. Vote: 3:0:0.
FOURTH OF JULY COMMITTEE PRESENTATION
Present were the following members of the 4th of July Committee: Ms. Maggie Kearney,
Co-Chair, and Mr. Jamie MacNab, Ms. Nancy Reed, and Mr. Don Reed, members.
Mr. MacNab introduced the above-named individuals. He mentioned a meeting had been held with a number of the Town Dept. Heads and acknowledged their support. A handout had been provided to the Board of Selectmen, and Mr. MacNab briefly went over the Parade and Plan for the Beach Party 2007:
Beach Party will be on Saturday, June 30th from 4:00 PM -10:00 PM with the bonfire to be lit at 9:00 PM. There will be a crazy hat contest for children and musical entertainment, including some local talent.
Traffic Flow: Will be managed by Duxbury Police with traffic patterns similar to in the past. The DPW will set up the roadblocks. Additional parking at Blakeman’s will be free to Duxbury residents.
Food Concessions will be managed exclusively by Duxbury Beach Park II (Dana Battista).
Toilets: Arrangements have been made for adequate public toilet facilities.
Clean Up: Will be done the next morning by a committee (assuming Maggie and Bill Kearney don’t beat them to it).
Generators: There will be two generators and in accordance with the Fire Department’s wishes fire extinguishers will be placed near each.
Ms. Kearney spoke about the Parade. There will be additional bands this year. The cost of the 4th of July celebration is expected to be approximately $33,000.00. Of this amount $10,000.00 comes from the Town. The rest is raised through donations to the Margery Parcher Fund, which was set up years ago exclusively for the 4th of July celebrations. Additional donations would be welcome.
Ms. Kearney announced the Grand Marshall for this year’s parade is: Alden “Rink” Ringquist.
Mr. Reed spoke about the contest they have each year for the cover of the 4th of July booklet. He announced this year’s winner is Samantha Stillman and he displayed a sample of her cover design. Congratulations Samantha!
FY07 DEPARTMENTAL TRANSFER REQUESTS
Mr. Madden, the Finance Director, gave a brief overview of the Departmental Transfers requested by the Fire Department, the Police Department, and the Finance Committee. The Finance Committee will be reviewing these requests on Thursday. It was decided the Board could make any approvals contingent upon concurrence with the Finance Department.
A Memorandum from the Fire Chief was provided to the Board and from it Mr. Madden provided a brief explanation for each of the following Fire Department transfer requests.
Fire Department Transfer Requests:
Natural Gas: $ 5,000.00
Equipment Repair: $ 1,000.00
Uniforms: $ 4,000.00
Building Maintenance: $ 5,000.00
Vehicle Maint./Repair: $ 3,000.00
Ambulance Billing: $10,000.00
TOTAL: $28,000.00
Mr. Witten moved that we approve a budget line item transfer of $28,000.00 from Fire Dept. salaries for the above-mentioned items in the amounts indicated. Second by Ms. Sullivan. Vote: 3:0:0.
Police Department Transfer Request:
Mr. Madden said the Police Chief was requesting $1320.00 be transferred from Police Dept. expenses to cover fund the Animal Control payroll through June 30, 2007.
Ms. Sullivan moved that we transfer of $3,200.00 from Police Department expenses to fund the Animal Control payroll. Second by Mr. Witten. Vote: 3:0:0.
Finance Committee Transfer Request:
Mr. Madden explained that there was an unanticipated increase in dues and the Finance Committee request $20.00 be transferred from the Board of Selectmen/Town Manager dues to cover the increase.
Ms. Sullivan moved that we transfer of $20.00 from the Board of Selectmen/Town Manager dues account to the Finance Committee to cover the increase in dues.
Second by Mr. Witten. Vote: 3:0:0.
UPDATE FROM DUXBURY INTERFAITH COUNCIL (Kevin McNally) and NO PLACE FOR HATE COMMITTEE (Harry Katz)
Mr. Harry Katz of the No Place for Hate Committee and Mr. Kevin McNally of the Duxbury Interfaith Council were present to brief the Selectmen and the public on the work their committees do.
Mr. Katz mentioned that Duxbury’s No Place for Hate Committee has existed for 7 years and will be recertified this Wednesday. No Place for Hate Committees were created by the Anti-defamation League (ADL) to promote respect of individual and group differences and prevent hate crimes. This past year they partnered with the White Ribbon campaign a program in which teen males sign a pledge against violence to women. On 6/27/07 the South Shore No Place for Hate committees will be attending a Brockton Rox game.
Mr. Kevin McNally spoke about the Duxbury Interfaith Council. He explained it began over 75 years ago as the Council of Churches, but changed its name to better reflect its current membership of 12 organizations of different faiths. The Duxbury Interfaith Council relies on donations to help the “hidden poor” of Duxbury by providing food assistance and covering charges due from shut-off notices. In addition, through donations they provide up to 30 camperships for Duxbury elementary students to Camp Wing, the YMCA camp and special needs camps. For additional information see their website: www.duxinterfaith.com or contact them by phone at 781-934-8388 or by email at duxinterfaith@yahoo.com.
To make a donation: Duxbury Interfaith, P.O. Box 1161, Duxbury MA 02331
Additional volunteers are welcome.
Foodies Duxbury, LLC Request for Liquor License Re-Application
As they came to this item of business, Ms. Sullivan recused herself and left the room.
Mr. Martecchini explained that Ms. Sullivan recused herself because Foodies LLC is a client of the bank where Ms. Sullivan is employed. He further explained that on May 14, 2007 the Board (i.e., Mr. Martecchini and Mr. Witten) had voted and, on a split vote, had denied Foodies’ application for a Wine and Malt license. The Board received a letter from Atty. Robert L. Allen, Jr. regarding request that they waive the one-year period for re-filing and starting the licensing process over in accordance with M.G.L. chap. 138, sect. 15.
Mr. Martecchini read the letter.
Mr. Witten moved that the Board of Selectmen waive the one-year provision in accordance with M.G.L. chap. 138, sect. 15 with regard to Foodies Duxbury, LLC. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Witten commented that a message should be sent to the applicant to make sure a complete application with a copy of the Lease is provided when re-filing.
Following the vote Ms. Sullivan returned to the meeting.
MINUTES
Prior to voting on the Minutes some minor grammatical corrections were made to the Minutes of May 21, 2007.
Ms. Sullivan moved that the Board of Selectmen approve the Minutes of May 14, 2007, May 21, 2007, and May 30, 2007 as submitted. Second by Mr. Witten. Vote: 3:0:0.
Ms. Sullivan moved to accept the Minutes of May 14, 2007 Executive Session and the May 30, 2007 Executive Session as written and for those Executive Session Minutes to remain sealed until it is no longer necessary for the purpose. Second by Mr. Witten. Vote: 3:0:0.
Mr. Witten inquired about the Board’s practice regarding the review and releasing of Executive Session Minutes. It was acknowledged that in recent years the Board has not really had a standard practice, but if a Freedom of Information request was received, then the Executive Session Minutes would be released provided there was not still a need for continued confidentiality. Ms. Sullivan mentioned that when she was one the School Committee they used to once a year review Executive Session Minutes to determine which ones could be unsealed to be made public. This is a practice the Board may consider for the future.
DISCUSSION RE: GREATER ATTLEBORO TAUNTON REGIONAL TRANSIT AUTHORITY (GATRA) –Postponed.
Mr. Martecchini explained that the GATRA presentation on tonight’s agenda has been postponed to a future meeting date to be determined as Mr. Frank Gay of GATRA was unable to attend tonight.
TOWN MANAGER BRIEF
Seawall Project: Mr. MacDonald stated for those who haven’t heard it before the seawall project is complete and we will be reimbursed by a state grant.
Ms. Sullivan commented that she recently did a site walk of the area and they did a nice job.
Construction Cost: Mr. MacDonald announced the construction cost estimate for May was $4,267,851.00. The figure included 5 units at Merry Village and 5 new homes. Mr. MacDonald stated this represents new growth and because of Proposition 2 ½ this does help with the budget.
Hall’s Corner Drainage Project: According to Mr. MacDonald the Hall’s Corner drainage work should be completed in 7-10 days. He acknowledged that there have been some traffic delays, and thanked the residents and businesses for their patience during this project. When asked about whether the road would be redone, Mr. MacDonald indicated that for this year there would just be patching.
Duxbury Population: According to the Town Clerk’s latest census the population of Duxbury is 15,294.
Petition regarding Land Swap: Mr. MacDonald said State Rep. Tom Calter picked up the petition to the General Court for the transfer of a parcel of conservation land held under the Conservation Commission to the Town of Duxbury Water Department so that it can be acted on in this legislative session. The land swap is necessary in order for the installation of the new water tank approved at town meeting. The new tank is being funded thru the State Revolving Fund so we need the petition approved in this legislative session so the funding will not be in jeopardy. The Duxbury state representatives are working to expedite its filing.
BONUS SHELLFISH SEASON
Ms. Sullivan moved that, due to abundant shellfish resources, the Selectman;
1) Declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of June.
Regulations as attached to the Harbormaster’s Memorandum of May 31, 2007. (Please see Attachment B & C)
2) Declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of June.
Regulations as attached to the Harbormaster’s Memorandum of May 31, 2007. (Please see Attachment A & C)
These proposed recommendations are to be considered special seasons and not annual events and further may be amended by the Board of Selectmen at any time. If approved the requirements of MGL CH. 130, including posting notices, etc. will be complied with.
Second by Mr. Witten. Vote: 3:0:0.
COMMITTEE APPOINTMENTS
Cable Advisory Committee:
Mr. Witten moved that the Board of Selectmen re-appoint Jean Kennett and Richard (Dick) Dunphy and Mary Beth MacQuarrie (as an ex officio) to the Cable Advisory Committee for 3-year terms due to expire on 6/30/2010. Second by Ms. Sullivan. Vote: 3:0:0.
It was mentioned that the Cable Advisory Committee still has 3 vacant seats.
Highway Safety Committee:
Ms. Sullivan moved that the Board of Selectmen re-appoint Diane Bartlett and Officer Mary Ellen Vidito (Police Rep.) to the Highway Safety Committee for 3-year terms due to expire on 6/30/2010. Second by Mr. Witten. Vote: 3:0:0.
Highway Safety Committee is now full.
King Caesar Advisory Committee:
Ms. Sullivan moved that the Board of Selectmen re-appoint Diane Barker to the King Caesar Advisory Committee for a 3-year term due to expire on 6/30/2010. Second by Mr. Witten. Vote: 3:0:0.
Ms. Sullivan noted that Dr. Jim Peters recently announced that he is resigning from the King Caesar Advisory Committee after about 30 years of service! If there is a medical professional interested in volunteering, please fill out a Talent Bank form.
Local Housing Partnership:
Mr. Martecchini moved that the Board of Selectmen reappoint the following individuals to the Local Housing Partnership:
Angela Scieszka as the Planning Bd. rep. for a 3-year term due to expire on 6/30/2010
Brendan Keohan as the CPC representative for a 3-year term due to expire on 6/30/2010
Charles Rourke as an At-Large representative for a 3-year term due to expire on 6/30/2010
Second by Mr. Witten. Vote: 3:0:0.
Mr. Martecchini moved that the Board of Selectmen appoint to the Local Housing Partnership John Baldwin as an At-Large representative for a 2-year term to fill the unexpired term due to expire 6/30/2009.
Mr. Martecchini mentioned that Mr. William “Bud” Childs an At-Large representative to the Local Housing Partnership recently resigned, and that Mr. Baldwin will be filling that seat.
There is still one open at-large seat.
North Hill Advisory Committee:
Mr. Witten moved that the Board of Selectmen re-appoint Mike Doolin, Michael Rufo, and Gordon Cushing (as an ex officio) to the North Hill Advisory Committee for 3-year terms due to expire on 6/30/2010. Second by Ms. Sullivan. Vote: 3:0:0.
The North Hill Advisory Committee is now full.
Nuclear Advisory Committee:
Mr. Martecchini moved that the Board of Selectmen re-appoint Mary “Pixie” Lampert to the Nuclear Advisory Committee for a 3-year term to fill the unexpired term due to expire 6/30/2009.
There is one seat open on the Nuclear Advisory Committee as Molly Bartlett is resigning from the Nuclear Advisory Committee as she and her husband and daughter will be moving to Africa.
Open Space & Recreation Committee
Mr. Witten moved that the Board of Selectmen re-appoint or appoint (as appropriate) the following to the Open Space & Recreation Committee:
Paula Harris, Lorrie Hall, and Scott Zoltowski for a 1-year term due to expire on 6/30/2008;
Paul Costello and Dick Rothschild for a 2-year term due to expire on 6/30/2009
Pat Loring (CPC representative) for a 3-year term due to expire on 6/30/2009
Paul Keohan (Water Advisory BD rep.)for a 3-year term due to expire on 6/30/2010
Harold Moody (Planning Board rep.) for a 3-year term due to expire on 6/30/2010
Second by Ms. Sullivan. Vote: 3:0:0.
The Open Space and Recreation Committee is now full.
Shellfish Advisory Committee (Al Hoban – Chair) / BOS: Andre Martecchini
Mr. Martecchini moved that Alan (Al) Hoban, Kenneth S. McKim, John McCluskey, and Donald C. Beers (ex officio) be re-appointed for 3-year terms due to expire on 6/30/2010.
Second by Ms. Sullivan. Vote: 3:0:0.
There is one seat open on the Shellfish Advisory Committee for a term to expire 2008.
ADJOURNMENT
Mr. Martecchini entertained a motion for adjourn at 8:38 PM, which was so moved by Ms. Sullivan. Second by Mr. Witten. Vote: 3:0:0.
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