BOARD OF SELECTMEN MEETING February 11, 2002
The meeting was called to order at 7:30 p.m. Present were Selectmen Andre Martecchini, Chair, Margaret Kearney, John Tuffy and Rocco Longo, Town Manager.
OPEN FORUM
Mrs. Sue Mangione of 19 Sampson Street informed the Board she is very upset that a flag had not been flying at Hall’s Corner but 3 or 4 times this year. She recommended that on windy days and nights a flag made of polyester could be used. She went to say that if the pole is too high, it should be taken down and a shorter pole with a smaller flag be used. Mrs. Mangione gave the Board the name and telephone number of Rockland Cement Block Co. and requested they be called. Mr. Martecchini asked Mr. Longo to refer Mrs. Mangione’s request to Don Beers, Harbormaster, for resolution.
Ms. Bettina Lesieur of 301 St. George St. read a letter to the Board regarding the feral cats that are currently being trapped in the Snug Harbor area. She indicated the cats have been spayed, they do not attack people, but they do control the population of rats in the area. She proposed identifying the holes and blocking them off, then using lattice in order to keep them out. She also recommended maintaining the 6 cats that are left.
Mr. Martecchini asked Mr. Longo to set up a meeting with Ms. Lesieur, the Animal Control Officer, as well as the owner of the private property where the cats currently live, for further discussion.
HISTORICAL COMMISSION-ARTICLES 18, 19, 20 and 21.
Ms. Susanna Sheehan addressed the Board regarding Articles 18, 19, 20 and 21. Other members of the Historical Commission present at the meeting were Nicky Kispert, Co-Chair, Martha Hines, Co-Chair, Jody Hall, and Marguerite Davis. Ms. Sheehan gave the Board a document that provides a rationale for Amendments to the Demolition Bylaw. This document is attached and made part of these minutes.
Mr. Tuffy noted the definition of “partial” demolition, seems extremely broad. Mr. Martecchini was in agreement that this needs to be clarified. The Board will vote on the above articles after modifications have been made. Mr. Tom Broadrick, Town Planner noted a Public Hearing with the Planning Board is scheduled on 2/25/02 at 7:45 at Town Hall to discuss Zoning Articles. The Planning Board will take the input and help with an amendment. If an amendment is made, it will be done on the Town Meeting floor.
ARTICLE 22 (Citizens Petition) – Mr. Lamont Healey
Mr. Lamont Healey, 46 Landing Road addressed the Board regarding Article 22 (a Citizens Petition). This article proposes an amendment to the Duxbury Zoning Bylaw, Section 707.1 by adding the following language at the bottom of the chart: “The 15% coverage ratio as specified above shall not apply to lots, and buildings thereon, of 15,000 square feet or less, which were previously recorded and in existence prior to the adoption of the Coverage Ratio Bylaw in 1990. The Zoning Board of Appeals shall review any lot where new construction is proposed that does not confirm with current zoning bylaws”.
Mr. Tom Broadrick, Town Planner noted that article 700 is strictly design standards for plan development and residential cluster developments. It doesn’t apply to cluster developments. It would however, come under the schedule of the Use of Intensity and Dimensional Regulations if Mr. Healey is planning to amend the Bylaw. It should come under article 500, table 502, Building Coverage and Site Coverage.
Mr. Martecchini indicated he would not have supported this article in any case, because the Comprehensive Bylaw Zoning Implementation Committee is currently looking at that exact question. Their plan is to be at a Special Town Meeting in June. They will be looking at the bigger picture. Mr. Martecchini told Mr. Healey the solution for him is to wait until June. The Board felt that technically the Article could not be amended.
STREET ACCEPTANCE – CABLE HILL WAY – ARTICLE 40
Mr. Tom Broadrick, Town Planner informed the Board the Amory Engineers did a review and results did not come in favorably. Mr. Broadrick suggested addressing it at the Zoning Board meeting to be held in June. Mr. Martecchini recommended the Board hold off on this Article until the Planning Board is ready.
NUCLEAR ADVISORY COMMITTEE – ARTICLES 44, 45
Ms. Mary Lampert, Chairman of the Nuclear Advisory Committee, addressed the Board regarding Article 44. This Article , a Citizens Petition by Ms. Lampert, proposes the Town of Duxbury withdraw from the Commonwealth of Massachusetts Radiological Emergency Response Plan for the Pilgrim Nuclear Power Station (the Emergency Response Plan) administered by the Massachusetts Emergency Management Agency (MEMA) unless, within 90 days of the vote by Town Meeting – 2002, MEMA incorporates the following measures, all of which have previously been voted and approved by the pertinent Town of Duxbury officials, into the Town of Duxbury Implementing Procedures in support of the Emergency Response Plan and approves such implementing procedures as so implemented.
Monitoring School Children – In the event of an emergency at the Pilgrim Nuclear Power Station that requires the evacuation or “precautionary transfer” of Duxbury school children, all Duxbury students and staff shall be monitored at the Reception Center before being relocated to the Host School facility or elsewhere.
Transportation Providers for the Transportation Dependent – Massachusetts Emergency Management Agency: (a) provides copies of all current Letters of Agreement between the state (MEMA) and the transportation providers to the Town of Duxbury and agrees to do so in the future annually by a fixed date; and (b) agrees that all future Letters of Agreement shall be in a form similar to that approved in 1992 and shall include the name of the transportation company, signatures certifying that the drivers have been trained and have agreed to participate in an emergency, dispatch location of vehicle, number of drivers available during normal business hours and during off-business hours, type of radio communication, and estimated mobilization time.
Potassium Iodide (Kl) – Potassium Iodide shall be made available to Duxbury citizens inside Duxbury’s Reception Center.
After some discussion, Mr. Tuffy indicated that at this time he would vote against it. Ms. Kearney noted that one of the benefits of the $48,000 received from the State is that Nancy McLaughlin has gone through training and has played an integral role in getting the information out. Further, Ms. Kearney stated that whether or not we were to pull out from the State, we should continue to take steps to develop our plans.
Mr. Martecchini indicated he would not be willing to say no to this Article and recommended the Board not vote on it that evening.
Article 45 has been proposed to see if the Town will vote to authorize the Town to undertake an analysis of Town of Duxbury Shelters to be utilized in the event of a radiological emergency and appropriate a sum of money for the purposes of the Article.
When asked by Mr. Martecchini if a dollar amount for the study has been established, Ms. Lampert indicated no dollar amount has been established yet. Mr. Martecchini noted they need to come up with cost before the Board votes. Ms. Kearney suggested we put pressure on the State to better protect our Power Plants.
COMMUNITY PRESERVATION ACT COMMITTEE –
ARTICLES 12, 13, 14, 15, 16
Mr. Ed McGlinchey, Chairman of the Community Preservation Act Committee, provided the Board with a draft of Warrant items for the March 2002 Duxbury Town Meeting that are being sponsored by the Community Preservation Committee. This document is attached and part of these minutes. Members Diane Bartlett and Jody Hall were also present.
Mr. McGlinchey informed the Board he would like to withdraw Articles 14 and 15. Article 13 will probably be indefinitely postponed.
Mr. McGlinchey noted that Article 12 is to see if the Town will vote to appropriate Community Preservation Fund revenues in the amount of $XXX (not yet determined) for historic preservation of the Tarkiln Building to be funded first from any available funds in the Historic Preservation Reserve Fund, and the remainder from short term bonding to be repaid with further Community Preservation Fund revenues. He indicated a recommendation on this article is to be voted at the next CPC meeting scheduled on February 13, 2002.
Mr. Martecchini informed Mr. McGlinchey, that he would like to see some specific projects come forward this year. Ms. Kearney urged Mr. McGlinchey to look at what was recommended a few years ago. Mr. Tuffy noted that he would like to see an Article that would preserve the building.
ARTICLE 17 – Amend Community Preservation Act to Adopt Exemptions
Mr. Martecchini noted the Board of Selectmen has brought Article 17 forward. Ms. Kearney indicated it is very important that everyone understand it.
There are three exemptions allowed under the statute. Article 17 proposes to see if the Town will vote to amend certain provisions of the acceptance by Town at its annual elections on March 24, 2001, of the Community Preservation Act, by voting to accept one or more of the following exemptions to the Community Preservation Act found in Chapter 44, Section 3:
For property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the Town (Section 3(2)(1)); and
For $100,000 of the value of each taxable parcel of residential real property (Section 3(e)(3)).
And further, to place any exemption approved by the Town Meeting on the ballot for acceptance to the voters of the Town of Duxbury at the next State election on November 5, 2002, or to act anything in relation thereto.
Ms. Kearney stated that it is important that people understand it. She also stated that we (the Town) have provided more tax relief for our seniors through our assessments. The savings are not enough to warrant it
Mr. Tuffy noted that he is not in favor of the first . Regarding the second, as long as the State is matching it dollar for dollar, he would not be in favor of adopting it.
Mr. Martecchini indicated he would support Article 17. He would like to see it adopted at Town Meeting, placed on the November 5th ballot and become effective July 1, 2003.
The Board voted not to support Article 17’s amendment to the Community Preservation Act. The vot was 1 (A. Martecchini) for, to 2 against.
Article 46 – July 4th Funding
Ms. Joan Edgar addressed the Board regarding the 4th of July Committee’s annual request. Ms. Edgar noted that the Committee did not go for an increase, and would stay within the current budget of $10,000.00. The schedule of events is as follows:
Thursday, July 4th – Parade
Friday evening, July 5th – Concert on the Bay
Saturday, July 6th – Beach Party
Sunday, July 7th, - Brunch at the Corner Stone Lodge
Ms. Edgar noted that the 4th of July Committee plans to meet with Conservation, Beach and Reservation Committees to address any issues they may have. The 4th of July Committee will be appointed on the 19th.
Business
Town Manager’s Brief
DPW Director’s Position
The DPW Director’s position for the Town of Duxbury was offered to Mr. Jay J. Fink. Mr. Fink declined the Town’s offer and has accepted a position elsewhere for $10,000 more per year. Mr. Longo recommended re-advertising the position and beginning the process over again.
Labor Contracts
Mr. Longo noted he would like to hold an Executive Session at the next Board of Selectmen meeting to discuss Labor Contracts.
Special Town Meeting
Mr. Longo reviewed the 6 Articles that make up the Special Town Meeting scheduled to be held within the Annual Town Meeting on March 9, 2002. This document is attached and made part of these minutes.
The Board voted to close the Warrant for the Special Town Meeting of March 9, 2002 to be held within the Annual Town Meeting on March 9, 2002.
FY03 Operating and Capital Budget Presentation
Mr. Longo presented the FY03 Operating and Capital Budget that included revenue projections, operating expenses, the Capital Budget and Town Meeting items.
The Total Property Tax Levy $30,786.576
Available Excess Levy $ 283,418
Revenues:
CPA (Yr. 2) 3% Levy Surcharge - $ 923,597
State Revenue $ 4,959,914
Local Receipts $ 5,578,000
Available Funds $ 519,829
Free Cash $ 1,300,000
Grand Total $43,144,319
Total Expenses $18,620,443
School Budget $22,908,067
Town Meeting Routine Articles
Stabilization Fund $0
Elected Officials $ 67,090
Duxbury Beach Res. Lease $ 150,000
Personnel Article $ 95,000
Union Contracts – 3 Settlements Tentative
Town Meeting Requested Articles
Conversation Fund $ 50,000
Sr. Tax Relief Program $ 5,000
4th of July Parade $ 10,000
School Medicaid Reimbursement $ 40,000
Mr. Longo further indicated some items are subject to change. There is ongoing discussion. Also, this presentation does not include votes of Committees, i.e., Finance, Fiscal Advisory and Selectmen. Mr. Longo’s goal is to present level service budgets accomplished. Further reductions in operating budget could impact services.
The Board voted favorably to support the General budget in the amount of salaries of $1,041,729 and expenses in the amount of $520,597, for a total of $1,562,326.
The Board voted favorably to support the Public Safety budget in the amount of salaries of $4,362.452 and expenses in the amount of $471,292, for a total of $4,833,744.
The Board voted favorably to support the Public Works budget (Water not included) in the amount of salaries of $1,350,299 and expenses in the amount of $$1,729,219 for a total of $3,079,518.
The Board voted favorably to support the Public Works budget (Water included) in the amount of salaries of $1,749590 and expenses in the amount of $3,047,150 for a total of $4,796,740.
The Board voted favorably to support the Library & Recreation budget in the amount of salaries of $992, 845 and expenses in the amount of $374,474 for a total of $1,367,319.
The Board voted favorably to support the Human Services budget in the amount of salaries of $252,017 and expenses in the amount of $101,760 for a total of $353,777.
The Board voted favorably to support the Schools budget in the amount of salaries of $17,829,135 and expenses in the amount of $5,078,932 for a total of $$22,908,067.
The Board voted to support the Employees Benefit budget in the amount of $4,675,000 as well as Other Shared Costs (Fire/Liability Insurance and Reserve Fund) in the amount of $430,00.
The Board voted favorably to support the Debt Budget (Total Town/School Shared Costs) in the amount of $7,423,759.
FY03 CAPITAL BUDGET REQUESTS
The Board voted favorably to support the following Capital budget items:
GENERAL GOVERNMENT $ 38,480
PUBLIC SAFETY
Police Department $ 24,769
Animal Control 0
Fire Department $ 20,000
Harbormaster 0
PUBLIC SAFETY TOTAL $ 44,769
PUBLIC WORKS
Highway/Transfer St. $203,266
Vehicle Maintenance 0
Town Floats $ 13,000
Lands/Natural Resources $ 40,000
Crematory $ 37,500
TOTAL PUBLIC WORKS $293,766
WATER DEPARTMENT
PCE Pipe Replacement Bonding
2” Water Main Upgrade $ 50,000
System Rehabilitation $ 50,000
1986 Backhoe $ 70,000
TOTAL WATER DEPARTMENT $170,000
RECREATION
(Percy Walker Pool $ 13,500
North Hill Golf Course $ 29,000
Fields $ 10,000
LIBRARY/REC TOTAL $ 52,500
TOTAL TOWN CAPITAL $429,515
SCHOOLS $ 25,000
FY03 GRAND TOTAL
CAPITAL BUDGET $454,515
The Board voted favorably on the following Annual Town Meeting Articles (Routine)
Stabilization Fund $ 0
Elected Officials $ 69,090
Beach Lease $150,000
Personnel Art. $ 95,000
Total Routine Articles $312,090
The Board voted favorably on the following Annual Town Meeting Requests:
Cons. Comm/Fund $ 50,000
Senior Tax Program $ 5,000
Senior Citizen Revolving $ 0
Fourth of July $ 10,000
Cable Advisory Com.
Contract Negotiations $ 0
School/Medicaid Reimbursement $ 40,000
Total ATM Requests (Articles) $105,000
Ms. Kearney stated for the record that she wants to support the Ladder Truck requested by the Fire Department.
Town Jewelry
Mr. Longo indicated a jeweler in Plymouth appraised the Jewelry found in the Treasurer’s Office. The appraiser felt the jewelry had no significant value. Mr. Tuffy noted he would like people to be able to see it, look at it, and appreciate. The Board recommended the jewelry be loaned to the Rural & Historical Society and/or to be displayed at the Duxbury Library.
2/4/02 Board of Selectmen Minutes
The Board voted to approve the minutes of February 4, 2002 as drafted.
2/4/02 Executive Session Minutes
The Board voted to approve the minutes of an Executive Session held on 2/4/02, as drafted.
Draft List of Articles
The Board voted to open the Warrant Draft List of Articles for the Annual Town Meeting on March 9, 20002 to withdraw Articles 34, 43, 14, 15 and to move Articles 44 & 45 between 16 and 17.
The Board voted to close the Warrant Draft List of Articles.
The meeting adjourned at 10:50 p.m.
Karen McCann
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