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Board of Selectmen Minutes 05/11/2004



Hull Board of Selectmen

Minutes

May 11, 2004

The meeting of the Hull Board of Selectmen was called to order at 7:46 pm on Tuesday evening, May 5, 2004 at the Hull Municipal Building, 253 Atlantic Avenue, Hull, Massachusetts.

Present:        John Reilly, Chairman; Leonard Hersch, Vice Chairman; Christopher Olivieri, Clerk; Thomas Burns and Gerard McLaughlin, Members. Also present were: Christopher McCabe, Town Manager and James Lampke, Town Counsel.

    APPOINTMENTS

7:30 pm Chios, Inc. dba Subway, 307 Nantasket Avenue, Laudalina Barros, Mgr. - Common Victualer License - New Owner

        The new owner, Laudalina Barros, appeared before the Board and said that there are no changes planned, and that the business is still a franchise.

MOVED-Olivieri: To approve the common victualer license to Chios, Inc.
SECOND-Burns
VOTE: Unanimous in favor

7:45 pm Sergeant Donald Love - re: Citizens Police Academy

        Sergeant Donald Love appeared before the Board to discuss the Citizen Police Academy that will be held this year from June 17th thru August 26th, held on Thursdays.  Love, who is the Director, said that everyone is eligible to attend except felons.  He said it was very successful last year and is a great way to interact with citizens.  The courses include CPR with certification; Criminal Law; Constitutional Law, and riding-along on patrols.

        Love also thanked the Board of Selectmen for its continued support of the Police Honor Guard that will be going to Washington DC for Officers Memorial Week.  He also thanked Chief of Police Donald DiMarzio for his support.

8:15 pm Donna Doherty - re: Votes Taken at Town Meeting

        Donna Doherty appeared before the Board she said to speak as a private citizen and for no one else.  Following her complaint about Town Meeting, Reilly said that the Town Moderator is in charge of Town Meeting.

        Doherty said that one of the articles that passed a no action vote, was to establish a new position filled over one-year ago.  She asked how, if the position has not been established under the Salary Classification Plan, it could have been funded.

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        McCabe replied that the article had been moved no action because there should have been a public hearing prior to its insertion in the Warrant.  He added that as Town Manager he can fund a new job and then take it to Town Meeting, to which Doherty replied that he has failed to do so over the last two Town Meeting, and that it is not right.

MINUTES

MOVED-Hersch:   To accept the minutes of March 23 and March 30, 2004 as presented
SECOND-Olivieri
VOTE: Unanimous in favor

MOVED-Burns:    To accept the executive session minutes of April 13 and April 21, 2004 as presented
SECOND-Hersch
VOTE: Unanimous in favor

MOVED-Olivieri  To release the executive session minutes of April 13 and April 21, 2004
SECOND-McLaughlin
VOTE: Unanimous in favor

LICENSES


Approved unanimously a one-day all alcoholic license for June 6, 2004 from 7 pm to 1 am to the Knights of Columbus, 440 Nantasket Avenue on a motion by McLaughlin, seconded by Burns.

Approved unanimously a one-day all alcoholic license for June 13, 2004 from 2 pm to 8 pm to Knights of Columbus, 440 Nantasket Avenue on a motion by McLaughlin, Seconded by Burns.

Approved Unanimously a common victualer license to Hingham Yogurt, Inc. dba Nona

TOWN MANAGER

Main Street Project

        McCabe said that he had favorable news on the Main street project as the meeting with the Conservation commission has been scheduled for obtaining the Amended Order of Conditions.  He estimated that the project will take two construction seasons and expects the start date to be the latter part of August.
  

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Seawall Stabilization

The other good news, he said, is that the DCR has accepted the emergency seawall stabilization project alternative as proposed by the Town.  The 14-week project is expected to begin the first week in June.  The DCR is estimating the loss of 500 parking spaces during construction.  He thanked Hersch, McLaughlin and Burns for attending all of the meeting and for their participation.

        Hersch said that the Town officials fought vigorously and the DCR finally agreed.  Reilly responded that they and the Town Manager were very effective.

        McLaughlin asked if the sequence of construction is known, and it is not yet, McCabe said.

        Joseph Phillips and Paula Dillon of Sea Note, who operate that business in the area where the seawall emergency stabilization will take place, expressed their concern in regard to the estimated lost parking.  They were assured by the Chairman that the Board is working on the situation.

        Hersch asked that a letter of thanks be sent to Kathy Abbott of the DCR for being willing to change the plan.

Nantasket Pier Parking Bids

        McCabe said there were four bids for the parking lot at Nantasket Pier:  James Gillis, Hull Scholarship Fund - $8,000; Margaret Dunn, Dunn Rite Parking - $8,200; Aristides Poravas, Snowplowing, Inc. - $15,050; and James O'Brien, Bayside Marketing Systems, Inc. - $15,500.

        Hersch asked if the was exclusive of the parking permits and was told that it did.

MOVED-McLaughlin:       That the lease reflects that the parking permit fees are over and above the lease payments and to award the lease to Bayside Marketing, Inc., James O'Brien, Mgr. for its bid of $15,500 plus parking permits.
SECOND-Olivieri

        A discussion followed in which Burns suggested that the monies be used to replenish the waterways account and to be put toward dredging.  McCabe said he did not know if the Department of Revenue would permit that, but would check.

VOTE: Unanimous in favor.


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8:30 pm Elizabeth Fuller - re: - Kenberma Street Fair

        Elizabeth Fuller presented a request to hold a Street Fair at Kenberma sponsored by the Hull-Nantasket Chamber of Commerce.  Also present was Lawrence Kellem, Attorney and Member of the Chamber of Commerce.

        The group plans to hold a festival with food, music arts, information tables, merchant tables, clowns, etc. and a skateboard demonstration and fund-raiser, the latter to be used toward a future skateboard park.

        The group requested to close Nantasket Avenue between Revere and Kenberma Streets with access from Revere to the parking lot at Riddles from noon to 5:00 pm on Sunday June 13th.

        An understanding was reached that the group will work with the safety officials, to insure necessary access for vehicles.

MOVED-Burns:    To approve the Street Festival on June 13th from noon to 5:00 pm and to permit closing the Avenue from Kenberma to Revere Streets with access to both public parking lots subject to all approvals, adequate police details and the proper liability insurance.
SECOND-McLaughlin
VOTE: Four in favor; one recused (Reilly)

Seasonal Police Appointments

        Reilly read a letter of recommendation for the reappointment of Seasonal police Officers for the 2004 summer season.

MOVED-Hersch:   To appoint James K. McKenna, Hull; Donal;d F. Babbin, Upton; Thomas W. McCarthy, Hull; Sean M. Conneely, Hull; Danielle Cope-Sullivan, Weymouth; Joseph L. Guertin, Weymouth; Anthony J. Holmes, Milton; and Andrew J. Sweeny, Hull/.  Said appointments are conditional offers contingent upon the successful passing and certification of a physician; successfully completing firearms training and qualification, CPR and first aid, and orientation training.
SECOND-Burns
VOTE: Unanimous in favor

Jacobs School Coyotes

        Reilly read a letter from Dr. John Silva of the Hull School Committee in regard to the


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dangers present at the Jacobs Elementary School from coyotes near Battery Road. A particular concern was that young children might easily confuse a coyote with a dog, making them particularly vulnerable.

        Since the coyote is classified as an endangered species permission is needed from the Mass. Division of Wildlife and Fisheries to trap and move or shoot the animal.  The only available remedy at the moment, without its permission, is to clear the habitat that is on the embankment, which needs the permission of the Conservation Commission.  McCabe said that he would be contacting the Division and will go to the site tomorrow with Margo Clerkin, Conservation Administrator.  In addition, he said that the neighborhood must be aware that they should not feed any kind of animals outdoors and to make sure that rubbish is contained because it is one of the animal
MOVED-Olivieri  To direct the Town Manager, and Animal Control Officer to take whatever measure necessary to remove the coyotes.
SECOND-McLaughlin
VOYE:  Unanimous in favor

MOVED-Hersch:   To declare a state of emergency due to the danger of physical harm to the school children and residents.
SECOND-McLaughlin
VOTE:  Unanimous in favor

**********

        A letter from Police Chief Donald DiMarzio requesting the Board's signature for authorization for placement of stop signs at Spring and Main Streets was read.  

MOVED-Hersch:   To sign the authorization
SECOND-Olivieri
VOTE: Unanimous in favor

CORRESPONDENCE

Denied by a vote of four in favor to one opposed (Reilly) a request from Dr. Kenneth Goodman to have weekly or bimonthly flea market/rummage sales by setting up 15-20 tables at 487 Nantasket Avenue on Sundays from 9am to noon from late spring to fall.  Half of the $20.00 per table fee is to be donated for fund-raising contributions and scholarships, on a motion by Hersch, seconded by McLaughlin.

Postponed until next week a request from Michelle and Philip Furman of 48 P Street for a graduation party seeking to set up a tent on the railroad bed.

Read a letter from a letter from US Congressman William Delahunt notifying the Town of a public workshop on how to acquire surplus property.


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Straits Pond

        McCabe reported on Straits Pond and the promising results of increased salinity by lowering and refilling the pond, It is believed that increasing the salinity will decrease or eliminate the midges.  Hersch said that there have been no midge complaints this past week.  Discussed a letter from Jay Szklut, Community Development Director, notifying the board that the grant obtained for 301 Nantasket Avenue has been closed out as required by law.  And an additional letter informing the Board that the most recent grant request for the same property is at risk because the design exceeds the footprint, which is not permitted by the terms of the grant

NEW BUSINESS

        Olivieri requested an update on the proposed traffic island for Rockland Circle; McLaughlin addressed a complaint of a large pothole on Nantasket Avenue by Spring Street caused by utility installation; Hersch announced that on June 6th Senator Hedlund will be present for the rededication of the Bernie King Pavilion between 2 pm and 4 pm He said the music will be by Four Men in a Tux and that there donating their time; and Reilly reminded everyone that June 6th is the 50th anniversary of D-Day.

        McLaughlin spoke about the meeting as the last before Election Day and that both Reilly and Burns are candidates for re-election.  He thanked the Chairman and Burns for their friendship and said it was a pleasure and honor to work with them on the Board.  The Members concurred.

MOVED-McLaughlin:       To go into executive session to discuss deployment of security personnel and disposition of real property and not to reconvene in open session.
SECOND-Burns
ROLL CALL VOTE:         Aye, Burns; Aye, McLaughlin; Aye, Reilly; Aye, Olivieri; Aye, Hersch.

        The Board moved into executive session at 10:15 pm and thereafter adjourned.

June 8, 2004
APPROVED