Date: October 1, 2007
Date Minutes Approved: October 15, 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, Department Secretary.
The meeting was called to order at 7:00 PM.
ENTER EXECUTIVE SESSION
Mr. Martecchini moved that the Board to go into Executive Session to consider the purchase, exchange, lease or value of real property since an open meeting may have a detrimental effect on the negotiating position of the Town and to discuss matters regard the King Caesar Fund, which are of a confidential nature, as the Fund’s purpose is to provide medical relief for the financially needy residents of Duxbury and to reconvene in Open Session after the conclusion of the Executive Session in accordance with Massachusetts General Laws Chapter 39, Section 23B. Roll Call Vote: Ms. Sullivan “aye”; Mr. Witten “aye”; Mr. Martecchini “aye”. VOTE: 3:0:0.
Entered Executive Session at 7:00 PM.
RE-CONVENED IN OPEN SESSION
Having completed the business of the Executive Session the Board of Selectmen voted to reconvene in Open Session at approximately 7:30 PM. Mr. Martecchini began the Open Session by briefly explaining the Board of Selectmen had convened their meeting at 7:00 PM and immediately went into Executive Session and now were reconvening in Open Session.
OPEN FORUM: Nothing was discussed.
DISCUSSION RE: FORECLOSED PROPERTY
Mr. Martecchini explained that a discussion of a foreclosed property had been scheduled for this evening, but we learned this morning that the owner of the property was unable to attend due to illness. At the request of his attorney this agenda item is being postponed until the property owner can attend.
DISCUSSION RE: MONITORING PROGRAM AT PILGRIM NUCLEAR POWER STATION
Ms. Mary “Pixie” Lampert, Chair of the Nuclear Advisory Committee, was present for the discussion of this agenda item.
Mr. Martecchini explained that at the request of the Nuclear Advisory Committee with a lot of help he drafted a letter that he is requesting the Board to sign which asks a number of questions concerning the monitoring of the Pilgrim Nuclear Power Station. Mr. Martecchini read a number of the questions posed in the letter to give the Board and the audience an overview of it.
Ms. Lampert was recognized and added that the letter is focusing on two categories: (1) air monitoring and (2) environmental monitoring (of fish, fauna, etc.). She further explained it is important for us to understand what monitoring is being done by the Massachusetts Department of Public Health, how it is calibrated and how it is being reported.
Ms. Sullivan asked if this was in respect to the previous concerns regarding prevailing winds. The answer given by Ms. Lampert suggested it is indirectly related in that where they have their monitors and what they are testing for should be taken into consideration when reviewing the results.
Mr. Witten moved that the Board of Selectmen execute the letter of October 1, 2007 to John Auerbach, Commissioner of the Massachusetts Department of Public Health, as drafted by Mr. Martecchini. Second by Ms. Sullivan. Vote: 3:0:0.
DUXBURY FARMS
Mr. Martecchini postponed this discussion until Town Counsel Mr. Robert Troy and members of the Planning Board and Board of Appeals were present. The meeting continued with the BUSINESS section of the Agenda.
BUSINESS
TOWN MANAGER’S BRIEF
Mr. MacDonald reported on the following items:
1. Tracy Baugous, Health Agent issued a message to Duxbury residents via the emergency telephone notification system. The message that the Town of Duxbury will be making available Potassium Iodine (or “KI”) pills to residents. In the event of a nuclear incident Potassium Iodine prevents absorption of radiation by the thyroid gland.
Residents can obtain the KI pills at the Duxbury Senior Center on the following dates and times:
Tuesday, October 2nd 9am – noon,
Wednesday, October 3rd 1pm -4pm,
Friday, October 5th 9am – noon and 1pm – 4pm, and
Saturday, October 6th 11:30am ~– 1:30 pm.
If you previously obtained the Potassium Iodine pills they do have a shelf life until 2009.
2. Firefighter Kirsten Piper: Mr. MacDonald said he was very happy to report that Duxbury’s first female firefighter, Kirsten Piper, has graduated from the very rigorous training at the Massachusetts Firefighter Academy. She has been certified as a Firefighter I/II and a Hazardous Materials First Responder Operational Level. Mr. MacDonald extended his congratulations to FF Piper.
3. Battelle – Payment in lieu of Taxes: Mr. MacDonald mentioned that there are several corporations within Duxbury who make payments in lieu of taxes. This year he contacted them and asked them to increase their contributions to the Town given the Town services, such as Fire and Police safety, that are provided to them. Mr. MacDonald said that Battelle has typically given a payment ranging from $4,000 to $7,000. This year he was very thankful that Battelle really stepped up to the plate with a payment in lieu of taxes in the amount of $23,250. He met with Tracy Stenner last week and she presented him with the check.
Mr. Martecchini commented that it is great to have such a great corporate citizen as Battelle in the community and added his personal thanks. Ms. Sullivan mentioned that Battelle brings much to the community.
4. Transfer Station: Mr. MacDonald said that we have received a number of citizen comments regarding the Transfer Station. Mr. Daley will be present at an upcoming meeting to discuss changes being planned in detail before they go into effect. For now he just wanted people to know their comments have been heard. Basically they are looking to reverse the entrance and exits and to have dual recycling stations at the Transfer Station.
Mr. Martecchini asked when an update will be presented regarding Pay as You Throw (PAYT). Mr. MacDonald said it will likely be at a Board of Selectmen meeting at the end of October or the beginning of November.
Mr. Martecchini, referring back to Potassium Iodine notification, mentioned that if you are a Duxbury resident who has NOT received the phone call / email notification you should go onto the Town website. On the home page there is a link to sign up. It was mentioned that it you have an unlisted number the unlisted status of your number will not be compromised. This is the system that will be utilized in the event of just about any emergency so residents are encouraged to sign up. You can provide up to 3 phone numbers and 2 email addresses.
License Requests & Event Permits
Friends of the Duxbury Free Library: Fundraising Event 11-3-07
Mr. Martecchini said the Friends of the Duxbury Free Library have requested a one-day liquor license for a fundraising event on the evening of November 3, 2007. The event is an adult-only private party from 6:30 PM –9:30 PM and tickets will be sold in Duxbury shortly. The request has been circulated to the Public Safety Departments, Inspectional Services, Board of Health, and the School Department. All departments support the event with the standard conditions about announcing emergency exits and obtaining the necessary permits.
Ms. Sullivan moved that the Board of Selectmen grant to Ms. Laura Sullivan and Ms. Cathy Dame, as representatives of the Friends of the Duxbury Free Library, a One-Day All-Alcohol License to hold a fundraiser at the Duxbury Free Library (77 Alden Street) on November 3, 2007 from 6:30pm to 9:30 pm, contingent upon the previously mentioned departmental conditions. Second by Mr. Witten. Vote: 3:0:0.
ANNOUNCEMENTS
Mr. Martecchini then made the following announcement:
For Annual Town Meeting on March 8, 2008: Deadline for submission of articles
The deadline for submission of articles to the Selectmen’s office is December 4, 2007 and final language is required. Anyone who needs help drafting an article should contact Barbara Ripley in the Selectmen’s Office. We will be setting up appointments with Town Counsel during the month of November to assist in the drafting of articles.
For Citizen’s Petitions, it is best to seek Town Counsel’s advice prior to obtaining the signatures on the petition. Mr. Martecchini explain that is better to get the language of the petition before requesting signatures as you don’t want to go through requesting all the signature to then find out due to a wording technicality the petition cannot go forward.
MINUTES
Ms. Sullivan moved that the Board of Selectmen approve the Minutes of September 24, 2007as presented. Second by Mr. Witten. Vote: 3:0:0.
BONUS SHELLFISH SEASON
Mr. Witten moved that the Board of Selectmen approve the Bonus Shellfish Season for the commercial harvesting of softshell clams and quahogs per the Memorandum of September 27th, 2007. Second by
Ms. Sullivan. Vote: 3:0:0.
DUXBURY FARMS
Present for this discussion was Attorney Robert Troy, Town Counsel; Ms. Amy MacNab, Chair of the Planning Board; Mr. Jim Lampert, Chair of the Board of Appeals, as well as members of the Planning Board and Board of Appeals.
Before discussion of this matter, Mr. Witten disclosed that about three years ago he had represented an abutter to the Duxbury Farms project and the suit was settled in Superior Court. He deferred to Town Counsel Atty. Robert Troy whether that would disqualify him from participating in this matter. Atty. Troy said that given that the matter was settled about 3 years ago he saw no need for Mr. Witten to recuse himself.
Atty. Troy began the discussion by giving an overview of the controversy that has arisen between the Planning Board and the (Zoning) Board of Appeals. At issue now is the certification of the final plans so they can be recorded at the Registry of Deeds. Each of the Boards are charged with responsibilities regarding differing chapters/ sections of law, and in a project which has aspects of both there is a lack of written decisions to clarify which Board should appropriately certify the plans. While re-affirming the opinion given in his memorandum of July 23, 2007, Atty. Troy, after further review and discussion offered some additional guidance based on the 1994 decision of the Housing Appeals Committee in An-Con, Inc. v. Haverhill Board of Appeals. Attorney Troy opined, that using that case for
guidance, the developer should submit the plans for Planning Board review, so the Planning Board can ensure they comply with the local subdivision rules and regulations that the developer did not waive. At the conclusion of the discussion the Board of Selectmen requested that Attorney Troy communicate the decision to the developer as to what steps should be followed for the plans to be certified and submitted for recording at the Registry of Deeds.
ADJOURNMENT
At 9:07 PM Mr. Martecchini moved to adjourned. Seconded by Ms. Sullivan. Vote: 3:0:0.
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