Date: February 4, 2008
Date Minutes Approved: February 11, 2008
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; and Elizabeth Sullivan, Clerk.
Absent: Jon Witten, Vice-Chair.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:00 PM.
ENTER EXECUTIVE SESSION
Mr. Martecchini moved that the Board enter Executive Session in order to discuss matters regarding the King Caesar Fund (KCF), which are of a confidential nature, as the fund’s purpose is to provide medical relief for the financially needy residents of Duxbury, in accordance with Massachusetts General Laws, Chapter 39 section 23B, and then to reconvene in Open Session. Second by Ms. Sullivan. Roll Call Vote: Mr. Martecchini—aye; Ms. Sullivan—aye.
COMMENCE OPEN SESSION
At 7:30 PM, when the business of the Executive Session ended, Mr. Martecchini moved that the Board adjourn the Executive Session and re-convene in Open Session. Second by Ms. Sullivan. Roll call vote: Mr. Martecchini—aye; Ms. Sullivan—aye.
OPEN FORUM
No items were discussed.
ANNUAL TOWN MEETING (ATM) ARTICLE #31: MANAGEMENT CONTRACT FOR NORTH HILL GOLF COURSE
Mr. Gordon Cushing, Recreation Director, was present. He explained that Town Meeting approval is required to authorize the Town Manager to enter into a contract to manage public land. The last time the Town entered into a management contract for the golf course, it was for a period of ten years. This is because the contract required construction of a new clubhouse, and a period of ten years was deemed necessary for the management company to re-coup their investment. This time, the contract period will more likely be between three and five years.
Mr. Cushing noted that the Town receives approximately $100,000.00 per year in revenue from the current management company. It is hoped to maintain or improve that level of income with the next contract. In order to do that, it will be important to limit the number of capital improvements required.
Ms. Sullivan moved that the Board support Annual Town Meeting article #31 which authorizes the Town Manager to issue a Request for Proposals and enter into a Lease of the North Hill Golf Course on terms and conditions deemed to be in the best interest of the Town. Second by Mr. Martecchini. Vote: 2:0:0.
ANNUAL TOWN MEETING ARTICLE #16: DESIGN SERVICES FOR PERCY WALKER POOL
Ms. Kathy Coghlan, Chair of the Percy Walker Pool Committee, was present. She explained that the feasibility study completed in Fall 2007 showed that, to restore the pool in its current configuration would cost approximately $1.1 million dollars. In addition, the committee would like to see $630,000.00 worth of enhancements (estimate), which would include large windows and family changing areas.
She noted that there have been no major improvements or renovations to the pool since in was built in 1976.
The Committee is requesting $200,000.00 to cover architectural, engineering and design services, including construction bid documents. This amount is based on 12% of the estimated construction costs.
Mr. Martecchini noted that the list of construction costs include such things as legal and permitting fees, which would not normally be part of the cost basis for an architect. Ms. Sullivan agreed. When those items are removed, the new figure for design services becomes $163,000.00.
Ms. Sullivan moved that the Board of Selectmen support Annual Town Meeting article #16 pertaining to design services for the Percy Walker Pool, in the amount of $163,000.00. Second by Mr. Martecchini. Vote: 2:0:0.
PUBLIC HEARING: TRANSFER OF LIQUOR LICENSE (WINE DEPOT)
Present were: Mr. Ken Durfee (current owner) and Mr. & Mrs. Robert and Bonnie Casey (applicants).
Mr. Casey explained that his wife has worked in two liquor stores in Town (La Maison du Vin and the Wine Depot). When they learned that the Durfees were ready to retire, they began considering a purchase of the business. The Casey’s are training at the store under Mr. and Mrs. Durfees’ ownership until the transfer is approved by the Board of Selectmen and the Alcohol Beverage and Control Commission.
Mr. Martecchini noted that Town Departments were consulted about the application. No objections were received from the Police, Fire, and Inspectional Services Departments. The Board of Health will require an application for a Food Establishment License, and an inspection of the store prior to the transfer. The Treasurer notes that there is a small outstanding balance of personal property taxes that will have to be paid by the current owner.
Mr. Martecchini noted that Mr. Christopher Haraden and Ms. Marilyn Haraden (owners of the Westwind Bookshop) sent a letter in support of the transfer application. As the owners of a neighboring business in the Duxbury Marketplace, they wholeheartedly support the transfer of the license. They praised the past stewardship of the Durfees, and the willingness of the Caseys to invest in a commercial venture in Duxbury.
Ms. Sullivan moved that the Duxbury Board of Selectmen, acting as the Licensing Authority, vote to transfer the All-Alcoholic Retail Liquor License held by Paula M. and Kenneth D. Durfee, dba The Wine Depot and Liquors, to BBC DUX, Inc., dba Casey’s Fine Wine & Spirits, Bonnie Casey, Manager, such premises located at 35 Depot Street, and such license subject to:
· Satisfactory completion of CORI check
· Signed Workers Compensation affadavit
· Provision of Proof of Workers Compensation Insurance
· Proof of General Liability and Liquor Liability Insurance
· Signed R.E.A.P. form (certifying payment of all taxes to the Commonwealth)
· Payment of Annual Fee (currently $2000.00 for Retail All-Alcohol)
· Food Establishment Permit from the Board of Health
· Server Training Certificate for the Manager
· DBA Certificate from the Town Clerk
· Hours of Operation Allowed: Monday through Saturday: 8:00am to 11pm AND Sundays and Holidays: Noon to 11:00 pm.
Second by Mr. Martecchini. Vote: 2:0:0.
ONE-DAY LIQUOR LICENSE: Robert Jewell for Duxbury Student Union/ Fundraiser---Change of Date to March 1, 2008
Mr. Martecchini explained that this one-day liquor license was previously approved by the Board of Selectmen. However, a change of date was required due to a conflicting event. Mr. Martecchini reported that the Duxbury Public Schools and the Duxbury Free Library (which share the same campus area) have no objection to the change of date for this event.
Ms. Sullivan moved that the Board of Selectmen approve a date change for the Duxbury
Student Union fundraiser to be held at the Wright Building from February 9, 2008 to March 1, 2008. Second by Mr. Martecchini. Vote: 2:0:0.
TOWN MANAGER BRIEF
1) Construction costs for the month of January were $2.7 million dollars.
2) Peter Buttkus will serve as Acting DPW Director while a search is undertaken for
Mr. Daley’s replacement.
3) The Town’s public safety departments should be commended for their actions during a search for missing ice fisherman in Duxbury on Friday and Saturday. Unfortunately, the incident ended in tragedy, but the departments did all they could in a very professional manner.
EVENT PERMIT: BEST BUDDIES CHALLENGE BIKE RIDE ON MAY 17, 2008
Ms. Sullivan moved to grant permission for the participants in the eighth annual Best Buddies Challenge bicycle ride to travel through Duxbury on Saturday, May 17, 2008 and to use the Duxbury Middle School as a rest stop, contingent upon meeting the requirments outlined in memoranda from the Town’s public safety departments. Second by Mr. Martecchini. Vote: 2:0:0.
EVENT PERMIT: KIDS PAN-MASS CHALLENGE (PMC) ON JUNE 15, 2008
Ms. Sullivan moved to grant permission to Mr. Sam Butcher and Mr. Jim Hartford, as representatives of the Kids PMC Duxbury/Powder Point Challenge Committee, to hold the fourth annual Kids PMC Ride in Duxbury on Sunday, June 15, 2008 (no raindate), contingent upon meeting the requirments outlined in memoranda from the Town’s public safety departments. Second by Mr. Martecchini. Vote: 2:0:0.
PUBLIC HEARING: AQUACULTURE GRANT RENEWALS
Mr. Al Hoban, Chairman of the Shellfish Advisory Committee was present, as were four of the five applicants. (Mr. Gregory George was represented by his brother.)
Mr. Hoban explained that all of the applicants appeared before the Shellfish Advisory committee. All of the applications are in conformance with Rules and Regulations.
The Selectmen discussed each application with the applicant. All spoke favorably about their experience as farmers in Duxbury Bay. The Selectmen noted the benefit to the Town of the newly introduced Recreational Oystering Season. The aquaculturalists donate odd-sized or oversized oysters to the effort. These oysters still taste delicious, but do not meet the size and shape requirements of the market.
All of the following motions were made by Ms. Sullivan, seconded by Mr. Martecchini, and approved by a vote of 2:0:0:
1) Moved that the Board grant to ARTHUR W. BENNETT, for ten years, a license and lease to plant, grow, cultivate, and dig authorized shellfish during the period of this license and lease in and on the flats and waters situated in Duxbury, Massachusetts, on a certain parcel of land designated as grant COE 4054-2.
2) Moved that the Board grant to STEPHEN W. GILBERT, for ten years, a license and lease to plant, grow, cultivate, and dig authorized shellfish during the period of this license and lease in and on the flats and waters situated in Duxbury, Massachusetts, on a certain parcel of land designated as grant COE 4000-2.
3) Moved that the Board grant to GREG GEORGE, for ten years, a license and lease to plant, grow, cultivate, and dig authorized shellfish during the period of this license and lease in and on the flats and waters situated in Duxbury, Massachusetts, on a certain parcel of land designated as grant COE 2005-419.
4) Moved that the Board grant to MICHAEL GEORGE, for ten years, a license and lease to plant, grow, cultivate, and dig authorized shellfish during the period of this license and lease in and on the flats and waters situated in Duxbury, Massachusetts, on a certain parcel of land designated as grant COE 2004-3903.
5) Moved that the Board grant to CHRISTOPHER PHILLIPS, for ten years, a license and lease to plant, grow, cultivate, and dig authorized shellfish during the period of this license and lease in and on the flats and waters situated in Duxbury, Massachusetts, on a certain parcel of land designated as grant COE 4271-1.
MINUTES
Ms. Sullivan moved that the Board approve the minutes of January 28, 2008 as written. Second by Mr. Martecchini. Vote: 2:0:0.
Ms. Sullivan moved that the Board approve the Executive Session minutes of January 28, 2008 as written, with the contents to remain sealed until the need for confidentiality has passed. Second by Mr. Martecchini. Vote: 2:0:0.
ADJOURNMENT
Mr. Martecchini moved for adjournment at 8:28 PM. Second by Ms. Sullivan. Vote: 2:0:0.
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