Date: August 6, 2007
Date Minutes Approved: August 20, 2007
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; Jon Witten, Vice-Chair, and Elizabeth Sullivan, Clerk.
Absent: No members were absent.
Staff: Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
GIFT ACCEPTANCE
Gordon Cushing, Recreation Director, was present. He said that a group of pool users, primarily from Plymouth, raised money to purchase a set of portable handicapped stairs for the Percy Walker Pool. Currently, handicapped users must use a "lift", which is awkward and cumbersome.
Mr. Witten moved that the Board of Selectmen accept, with gratitude, a gift of handicapped stairs for the Percy Walker Pool. Second by Ms. Sullivan. Vote: 3:0:0.
EVENT PERMIT
Ms. Mary Beth Brown, Executive Director of the Duxbury Art Association was present to describe the Second Annual Decorated Bike Parade in conjunction with the Midsummer Art Show.
Ms. Sullivan moved that the Board grant permission to Mary Beth Brown, as a representative of the Duxbury Art Association, to hold a Decorated Bike Parade at the front of the Duxbury High School on Saturday, August 11, 2007 contingent upon requirements contained in memoranda from Town Department Heads. Second by Mr. Witten. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: JACKSON KENT FOR BAYSIDE MARINE FISHING TOURNAMENT AWARDS CEREMONY / August 18, 2007
Mr. Jackson Kent was present to answer questions about the 20th annual fishing tournament.
Ms. Sullivan moved that the Selectmen grant a one-day Wine & Malt license to Mr. Jackson S. Kent, Jr. as a representative of Bayside Marine, Inc. for an awards ceremony on August 18, 2007 subject to the conditions contained in memoranda from Town Department Heads. Second by Mr. Witten. Vote: 3:0:0.
DUXBURY BEACH ASSOCIATION & WEBSTER ISLAND ASSOCIATION
Mr. Jim Ryan spoke on behalf of the two beach associations. He presented photographs demonstrating that eleven feet of beach has been lost in the past thirty years. Homes, as well as the road, he said, could be in jeopardy. The beach associations are asking that the Selectmen inquire with State officials about potential funding for beach nourishment. Mr. Ryan has been in touch with the Army Corps of Engineers. He was told that the only obstacle to the beach nourishment is funding.
Mr. Martecchini asked Mr. Ryan to provide copies of all correspondence on the issue to date. He suggested that a meeting which includes representatives from the Army Corps of Engineers, the Town of Marshfield, the Department of Environmental Protection, and Coastal Zone Management would be a good step, after this correspondence has been received.
FORECLOSED PROPERTY ON FRANKLIN STREET
Town Treasurer, Beth Conway was present. Mr. Thomas King, Sr. was present.
Ms. Conway explained that, on May 18, 2005, the Town foreclosed on 16 acres of land off Franklin Street for unpaid taxes. At the time of the foreclosure, the land was owned by the King Family Trust, with Thomas H. King, Sr. as Trustee. Mr. King would like the Town to vacate the foreclosure, in return for payment of back taxes, interest, and fees. He says that he was not properly notified of the foreclosure proceedings. Ms. Conway noted that our tax attorney feels that proper notification was given. Regardless, since more than one-year has passed since the foreclosure decree was entered, the only way to vacate the foreclosure would be by vote of the Selectmen.
Ms. Conway said that she had conferred with the Planning Director and with the Conservation Agent who said that the land holds little value for the Town.
Mr. Witten and Mr. Martecchini explained that a decision to vacate a foreclosure decree cannot be made without adequate justification. Mr. Martecchini requested the following:
· A written explanation from Mr. King about why he feels that the order should be vacated
· Written comments from the Planning Board and Conservation Committee describing the value of the land to the Town (or lack thereof).
Ms. Conway will coordinate obtaining the documents, after which Mr. Martecchini said that the Board would re-visit the matter.
PUBLIC HEARING: TRANSFER OF LIQUOR LICENSE & PLEDGE OF LIQUOR LICENSE/ Duxbury General Store
Present were:
Mr. Eric Alwardt, applicant
Mr. Richard Serkey (Winokur, Serkey & Rosenberg, PC), applicant's attorney
Ms. Nancy McDonough & Mr. Robert Fernandes, current owners of business
Mr. Gerald McAuliffe, attorney for Ms. McDonough & Mr. Fernandes
Mr. Serkey explained that Mr. Alwardt intends to change the business from a general store to a gourmet wine shop. The existing store hours are 6am – 9pm on weekdays and Noon to 6pm on Sunday. He would like to change the hours to 10am – 8pm on weekdays, with no change to Sunday hours. Mr. Alwardt said that he would not be buying the property. He will lease it from E&D, LLC just as the current owners do now. No parking problems are anticipated as there seems to be adequate parking for the current business.
After further discussion, and after noting that the paperwork appeared to be in order Mr. Witten moved that the the Duxbury Board of Selectmen, acting as the Liquor Licensing Authority, vote to transfer the Wine and Malt Retail License held by McNandes Enterprises, Inc., d/b/a Duxbury General Store, Nancy McDonough, Manager, to Vintages Wine Shop, Inc., d/b/a Duxbury General Store and Vintages Wine Shop, Eric J. Alwart, Manager, such premises located at 1514 Tremont Street, and such license subject to:
· Approval by the Alcohol Beverage Control Commission (ABCC)
· Satisfactory Completion of a CORI check
· Signed Worker's Compensation Affadavit
· Provision of Proof of Workers' Compensation Insurance
· Provision of Proof of Liquor Liability Insurance
· Payment of Annual Fee (currently $1,000.00 for retail wine and malt)
· Adherence to Board of Health and Building Department regulations
· Server Training Certificate for the manager
· Receipt of a DBA certificate from the Town Clerk
· Operating Hours of 10:00AM to 8:00PM from Monday through Saturday, and Noon to 6pm on Sundays;
and furthermore moved that the Board of Selectmen, acting as the Liquor Licensing Authority, approve a pledge of the Wine & Malt Retail License, from Vintages Wine Shop, Inc. to McNandes Enterprises, Inc., Robert Fernandes and Nancy McDonough.
Second by Ms. Sullivan. Vote: 3:0:0.
(A pledge of license implies that the license cannot be transferred or sold until Mr. Alwardt has satisfied his financial obligation to the current owners.)
Next, it was noted that Mr. Alwardt will need a Common Victualler's License since the store will have facilities for preparing food. Mr. Witten moved that the Duxbury Board of Selectmen grant a Common Victualler's License to Duxbury General Store and Vintages Wine Shop, Eric J. Alwart, Manager for the premises located at 1514 Tremont Street, subject to the following conditions:
· Meeting of all conditions listed by the Selectmen for the Retail Wine and Malt License
· Signed R.E.A.P. certification (payment of all taxes)
· Payment of Annual Fee (currently $20 for Common Victualler's License)
Second by Ms. Sullivan. Vote: 3:0:0.
COMMON VICTUALLER'S AND ENTERTAINMENT LICENSES FOR SUN TAVERN
Mr. Witten recused himself from votes and discussion on this application, since he had previously represented an abutter's group in opposition to expansion of the Sun Tavern.
Mr. John Cowden, Jr., applicant, was present.
Ms. Sullivan moved that the Board of Selectmen approve a Common Victualler's License for the Sun Tavern John Cowden, Jr., Manager, contingent upon the following:
· Completed sale of the Restaurant from current owner to Mr. Cowden
· Provision of Workers' Compensation Affadavit
· Proof of Worker's Compensation Coverage
· Adherence to all Board of Health and Inspectional Service Department Regulations
· Payment of License Fee ($25.00)
· R.E.A.P. Certification (Payment of Taxes)
Second by Mr. Martecchini. Vote: 2:0:1.
Next, Ms. Sullivan moved that the Board of Selectmen approve an Entertainment License for the Sun Tavern, John Cowden, Jr., Manager, for inside entertainment only, consisting of a singer, piano, or recorded music, from the hours of 5pm to midnight, Tuesday through Saturday, and from 10am to 4:00 pm on Sundays, contingent upon the following:
· Completed sale of the restaurant from current owner to Mr. Cowden
· Provision of Workers' Compensation Affadavit
· Proof of Worker's Compensation Coverage
· Adherence to all Board of Health and Inspectional Service Department Regulations
· Payment of License Fee ($20.00)
· R.E.A.P. Certification (Payment of Taxes)
Second by Mr. Martecchini. Vote: 2:0:1.
COMMON VICTUALER'S LICENSE FOR FOODIES DUXBURY MARKET
Ms. Sullivan recused herself from discussion and votes on the matter due to a financial relationship between her employer and the applicant.
Mr. Witten moved that the Board of Selectmen approve a Common Victualler's License for FoodiesDuxbury Market, Victor J. Leon, Manager, contingent upon the following:
· Provision of Workers' Compensation Affadavit
· Proof of Worker's Compensation Coverage
· Adherence to all Board of Health and Inspectional Service Department Regulations
· Payment of License Fee ($25.00)
· R.E.A.P. Certification (Payment of Taxes)
ONE-DAY LIQUOR LICENSE REQUEST: PATRICK BROWNE FOR THE DUXBURY RURAL & HISTORICAL SOCIETY (DRHS) / DONOR RECEPTION / September 21, 2007
After discussion, it was decided to table this request pending the following:
· The caterer, Pioppi's, should name the Town of Duxbury as additional insured on the Liquor Liability policy, since the event is being held in a Town Building.
· Consultation with the School and Library departments, to ascertain the lack of conflicts, since the event is being held in the school "campus" area.
Ms. Ripley will coordinate obtaining the above information from DRHS.
ONE-DAY LIQUOR LICENSE REQUEST: PATRICK BROWNE FOR THE DUXBURY RURAL & HISTORICAL SOCIETY / NATHANIEL WINSOR, JR. HOUSE BECENTENNIAL / August 18, 2007
Mr. Witten moved that the Board of Selectmen approve a One-Day Wine & Malt License for Mr. Patrick Browne, as a representative of the Duxbury Rural & Historical Society, to hold an Open House at the Nathaniel Winsor, Jr. House on August 18, 2007 from 5:00 to 7:00 PM, contingent upon the requirements listed in memorandum from Town Department Heads. Second by Ms. Sullivan. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: PATRICK BROWNE FOR THE DUXBURY RURAL & HISTORICAL SOCIETY / FUNDRAISER / August 25, 2007
Ms. Sullivan moved that the Board of Selectmen approve a One-Day Wine & Malt License for Mr. Patrick Browne, as a representative of the Duxbury Rural & Historical Society, to hold a fundraiser (Newcomer's Club Party) at the Nathaniel Nathaniel Winsor, Jr. House on August 25, 2007 from 7:00 to 11:00 PM, contingent upon the requirements listed in memorandum from Town Department Heads. Second by Mr. Witten. Vote: 3:0:0.
MINUTES
Ms. Sullivan moved that the Board approve the minutes of July 23, 2007 as presented. Second by Mr. Witten. Vote: 3:0:0.
Ms. Sullivan moved that the Board approve the minutes of July 31, 2007 as presented. Second by Mr. Witten. Vote: 3:0:0.
APPOINTMENT
Constable: Mr. Martecchini moved that the Board re-appoint Mr. Richard DeLisle as Constable in the Town of Duxbury, for a three-year term to expire on June 30, 2010.
Second by Ms. Sullivan. Vote: 3:0:0.
ADJOURNMENT
The meeting was adjourned at 8:40 PM.
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