BOARD OF SELECTMEN MEETING JANUARY 14, 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
Mr. Aboud Al-Zaim announced the Duxbury Interfaith Council is sponsoring a four part series on Islam at the Duxbury Library, beginning on January 30, 2002 at 7:30 p.m. He invited the Board to attend. He felt the series would be very informative.
PUBLIC MEETING – STREET ACCEPTANCES (PARKER’S GROVE, CABLE HILL WAY, GLASS TERRACE AND BAILEY’S CIRCLE)
Tom Broadrick, Town Planner was present to assist the Board with the public meeting for the street acceptance of:
Parker’s Grove Lane, which is by itself off of South St.
Glass Terrace and Bailey’s Circle, known as Captain Norman’s Village
An area off Gurnet Way called Cable Hill Way.
Mr. Martecchini noted the first three listed above are all standard sub-divisions, meet all of the Planning Board’s requirements, and have been endorsed by the Planning Board. There are no issues.
Mr. Broadrick indicated the Planning Board has not yet taken a position of Cable Hill Way. An outside consultant is currently reviewing the plans. There is a 40-foot right of way, where 50 feet is required. However, this may not be such an issue as long as the roadway that is constructed within the 40-foot right of way meets the Planning Board’s standards. It was also noted that during a storm the Town uses it as a staging area. Mr. Martecchini indicated that Cable Hill Way has also been submitted as a Citizen’s Petition for the Annual Town Meeting. Mr. Martecchini recommended the Board hold off on Cable Hill Way until the Planning Board receives a report from the Engineer and endorses it.
Prior to the vote, the Board asked if there was anyone present who wanted to speak regarding the roads discussed. There was no one.
The Board voted to approve the layout of the roadway known as Parker’s Grove Lane as shown on a plan entitled “Street Acceptance Plan for Parker’s Grove Lane in Duxbury, Massachusetts”, scale 1”, dated November 12, 2001 prepared by Flaherty, Stefani & Bracken, Inc., 67 Samoset Street, Plymouth, MA; and,
The Board voted to approve the layout of the roadway known as Glass Terrace as shown on a plan entitled “Street Acceptance Plan for Glass Terrace (sic) and Bailey’s Circle in Duxbury, MA, scale 1”=40’ dated January 3, 2002 prepared by Webby Engineering Associates, Inc., Engineers & Land Surveyors, 180 County Road, Plympton, MA.
BUSINESS
Meeting Minutes
The Board voted favorably to approve the meeting minutes of January 7, 2002 as drafted.
Town Manager’s Brief
Mr. Longo reported that agendas have been prepared for the Board of Selectmen meetings scheduled 1/22/02 and 1/28/02. Capital budget requests will be addressed on 1/22/02. On the 28th, additional Capital budget requests and a discussion on the Articles for the Assessors and a Citizen’s Petition relative to Piers, one for funding and one for a moratorium, will be discussed.
Mr. Longo also indicated the Finance Committee has until 2/11/02 to vote on the budget. The warrant goes to print on February 15th. The Board requested the meeting scheduled on 1/28/02 be changed to 1/29/02 due to scheduling conflicts.
SENATOR HEDLUND’S VISIT
The Board invited Senator Hedlund to visit and discuss his thoughts on budget news for the coming year. He began by congratulating Margaret Kearney on her successful tenure. He went on to say that she has always been a joy to work with and has always conducted herself in a courteous, professional manner with him and his office.
He indicated that we are obviously entering into a very difficult period. In addition to the bleak budget projections noted at a recent MMA conference, there are ramifications extending beyond local aid, i.e. the School Building Assistance Program.
Through the efforts of individuals in Cohassett, he learned it is possible that some of the School Building Assistance money was being diverted to such things as special education costs and Chapter 70 funding. A meeting will be held with the Department of Education and State Representatives to bring this issue to the forefront.
Duxbury has two schools on the list, the Chandler and the Alden. The Chandler ranks 151 on the list and the Alden ranks 153 (this information may be found on the DOE web site). Based on the $19 million allotted, they will only get to approximately 17 or so projects. There is a briefing planned tomorrow from the Department of Education and on 1/22/02 with local communities.
Mr. Martecchini noted that Chapter 90 is being funded this year at 50 million, which is at approximately 1/3 of previous years.
When Ms. Kearney asked about the State match relating to the Community Preservation Act, Mr. Hedlund indicated the rank and file has been left out of the process and he cannot predict whether programs will be tinkered with or done away with.
Mr. Tuffy commented that due to the timeliness of information from the State, the Town came dangerously close to not being able to officially set a tax rate because we did not have Cherry Sheet information.
Senator Hedlund thanked the Board for their efforts on redistricting. The Board thanked Senator Hedlund for coming.
TOWN HALL SPACE NEEDS COMMITTEE
Mr. Richard MacDonald, Building/Inspection Services introduced the members of the Town Hall Space Needs Committee. They are: Tom Broadrick, Town Planner, Peter Buttkus, Acting DPW Director, Joe Grady, Conservation Administrator and Mary Beth MacQuarrie, Information Services Administrator.
Mr. MacDonald noted the Committee was there to request the Board’s support for proposed space changes to Town Hall and the Old Town Hall next door. He read a memo dated January 3, 2002 addressed to Rocco Longo regarding space needs. This memo is attached and made part of these minutes.
Mr. MacDonald told the Board the present facility was constructed in 1975 and many offices have not been painted nor had carpeting been replaced since the building opened. In the approximate 30 years of operation, the service needs of the community have grown, along with the increase in population, which resulted in additional staff. The current facility was not built to accommodate this growth and has resulted in overcrowding and poor working conditions in many offices.
The Town Hall Space Needs Committee recommended the following actions:
Relocate Town Manager/Selectmen’s office to the Old Town Hall.
Inspectional Services, including the Board of Health, relocate to current location of Town Manager/Selectmen’s, Conservation and Planning offices.
Conservation and Planning relocate to current Inspectional Services offices.
Veteran’s Agent relocates to second floor office space within the proposed Inspectional Services area.
Town Clerk offices to be expanded into current Veteran’s Agent office space.
Peter Buttkus noted the DPW budget includes funds for maintenance such as paint, carpeting, workstations, and includes funding for renovations to Old Town Hall. No additional request for funding will be made, as there is adequate funding currently available to complete the job. The DPW realized Old Town Hall would become vacant and budgeted funding to provide maintenance (painting, carpeting, workstations) and renovations.
Total estimated costs are $69,000.00. Carpet removal, furniture moving and interior painting will be done by the DPW crews to keep the cost down. The contractor is willing to come in after hours. There will be very little impact to the Mural Room.
The Board voted favorably to endorse the concept of utilizing the space in the Old Town Hall and reallocating the space at Town Hall as outlined in the memo from the Town Hall Space Needs Committee to Rocco Longo dated 1/3/02.
PUBLIC MEETING – DOGS ON THE BEACH
Mr. Martecchini stated that a few weeks ago a decision was made by the Board to ban dogs on the beach and as a result there were many negative comments. The Board wanted to give more explanation why it was done and invited members from the Beach Technical Committee to attend a public meeting. Al Vautrinot, Vice President of the Duxbury Beach Reservation and Co-Chairman of the Beach Technical Committee introduced other members in attendance. They were: Dan Baker, Shawn Dahlen, Don Beers, Harbormaster, Les Smith and Kay Foster.
Mr. Vautrinot read a press release to all those in attendance dated 1/14/02, which has been attached and made part of these minutes. After Mr. Vautrinot completed reading his statement Mr. Martecchini opened the meeting and asked that questions and/or comments be clear and concise.
Mr. Paul McGovern reported on State census of failed Piping Plover nests. He also stated “Plovers are a threatened species, not endangered or protected”. “There is a big difference”. Mr. Scott Hecker, a member of the Massachusetts Audubon Society responded to dogs taking Plovers. He noted a vast majority of nests fail for unknown reasons. All of the 75 Monitors statewide have witnessed dogs in nesting areas, causing problems for the birds. The Piping Plover is on the Federal Endangered Species list. It is threatened and by law, protected at the same level as an endangered species. Also, there really is no significant difference between the law for a Piping Plover that is threatened and endangered species. In Massachusetts, it is also protected
under the State Endangered Species Act. Potential fines for Town property owners who do not enforce restrictions are as much as $35,000 in Massachusetts, including a jail sentence.
The question was asked “How many fines were given out to dog owners last year?” Don Beers, Harbormaster indicated the program used was education through signage, and patrol of the beach.
Individuals present at the meeting made several recommendations. I have listed them as follows:
Consider a one-year pilot program of aggressive enforcement of the leash law and fine heavily, not allowing repeat violators to return to the beach.
Purchase a license to take your dog to the beach. Violations will result in the loss of license and privilege as well as a fine.
The use of “predator enclosure”.
Go back, be more creative, and find some space somewhere on the beach where people can take their dog.
File an amended plan and change that aspect of it.
Overall, many people voiced that the banning of the dogs was a drastic move with little warning to residents. They did not understand where the link was made between the circumstances surrounding the taking of the Plovers and the banning of the dogs. Vehicles were seen as much more of a problem than the dogs. Mr. Vautrinot reminded everyone that the Duxbury Beach Reservation Committee only had 30 days to implement a program.
The Board encouraged the Beach Reservation Committee to consider the suggestions made. Mr. Les Smith told the group that after this meeting, the Beach Technical Committee would review all recommendations and see if something could be implemented.
Joe Grady, Conservation Administrator named several areas in which dog owners may take their dogs, i.e. Round Pond, Bay Farm, Trout Farm and Duxbury bogs off East Street are all well marked and wonderful places to take a dog.
The public meeting closed at 9:30 p.m.
VERIZON NEW ENGLAND – POLE HEARING – CHESTNUT ST.
Mr. Martecchini indicated that Verizon is requesting the placement of one new pole (9S) and one new pole (15S), both on Chestnut Street. This petition is necessary in order to support the existing pole line that is moving due to the placement of a new sidewalk. An approval letter from Peter Buttkus, Acting DPW Director was noted. Abutters were sent a letter informing them of the date/time of the Pole Hearing. There were no concerns expressed by abutters.
The Board voted favorably to approve the placement of new pole 15S on Chestnut St. and pole 9S on Chestnut St. as outlined in the Order for Joint or Identical Pole Locations submitted by the Verizon New England, Inc. and Commonwealth Electric Company.
DONATION TO DUXBURY POLICE DEPARTMENT - Toyota of Weymouth
Lt. Chubb addressed the Board regarding the donation of a 2002 Toyota Sienna by Toyota of Weymouth. He indicated the vehicle would be used as part of the DARE program. Mr. Longo told the Board that he asked Chief DeLuca to eliminate an older vehicle so that the plates could be transferred, thus reducing additional costs.
The Board voted favorably to accept the gift of a Toyota van to be used by the DARE Officer and thanked Toyota of Weymouth for their generous gift.
OPEN SPACE COMMITTEE – REVIEW OF FINAL DRAFT OF
THE OPEN SPACE & RECREATION PLAN
Mr. Martecchini noted that the Board reviewed the 2002 Open Space and Recreation Plan and found it to be a document that was concise, well written and an easy read. It covered a great deal of information and he commended the Open Space Committee.
A “review letter” from Andre Martecchini to Holly Morris, Chair of the Duxbury Open Space & Recreation Committee was submitted to Richard Rothschild, also a member of the committee. The letter is attached and made part of these minutes.
Mr. Martecchini reviewed the contents of the letter with Mr. Rothschild. Mr. Rothschild indicated the letter will be submitted to the State Conservation Services and thanked the Board for such a careful, thoughtful review.
Mr. Friend Weiler, Chairman of the Conservation Committee responded to a section of the review that stated “We feel that with the adoption of the Community Preservation Act most, if not all land purchases, should be funded using CPA funds. We believe, there will be sufficient funds through the CPA to make very substantial land acquisitions and that the role of the Conservation fund should be limited”.
Mr. Weiler told the Board the current budget is suggesting only $25,000 for the Conservation fund and there are a lot of things they do with the fund that does not include the purchasing of land. The fund, over the last five years, has been $100,000, $80,000, $95,000, $100,000 and $75,000. This year it is $25,000. More and more over the last three years the funds have been directed towards managing the 2300 acres under conservation in Town. Management of land costs were $28,000 in the year 2000, $29,000 in the year 2001, and $41,000 in the current year. This money is used for signs, inspections, and the use of interns to build trails and development for recreation purposes. Mr. Weiler asked the Board to consider putting more money back into the Fund.
Business
Safety Innovation Award
Mr. Martecchini noted that at an MMA Conference luncheon last weekend, he and Mr. Longo received one of six awards statewide from MIIHA (Mass Interlocal Insurance Agency), for Safety Innovation. Mr. Longo also noted a check in the amount of $7,464.67 was received as a dividend that will be applied to next year’s budget for Worker’s Compensation.
Budget – Rocco Longo
Mr. Longo noted that he did balance the budget, but it is still a draft and he is looking for feedback from the Selectmen, School Committee, Finance Committee, Fiscal Advisory Committee and others. He has made significant reductions on the Town side, but does not feel it will effect services. The budget for Schools is level funded with more dialog needed to take place.
Under “Revenue”, the $830,000 difference has been applied to the tax levy base. The Board felt a detailed PowerPoint presentation would be necessary to get a full understanding of all the details. Mr. Longo reiterated that Capital Budget Requests would be presented to the Board over the next few weeks. The Board requested that the Chair of the Community Preservation Act Committee be asked to attend the Board of Selectmen meeting scheduled on 1/29/02.
Warrant Articles – Annual Town Meeting
Mr. Longo informed the Board of the withdrawal of one Article (#22) sponsored by the Municipal Commission on Disability. He noted the Warrant will open/close at a later date.
The meeting adjourned at 10:35 p.m.
Karen McCann
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