BOARD OF SELECTMEN September 29, 2003
The meeting was called to order at 7:31 p.m. Present were Chairman Elizabeth Sullivan, Selectmen Andre Martecchini, John Tuffy and Town Manager Rocco Longo.
OPEN FORUM
There was no one present under Open Forum.
TOWN MANAGER’S BRIEF
Mr. Longo noted that the Governor has authorized Chapter 90 funds to be released to Duxbury in the amount of $268,923.
ISOLATED STOP SIGN
Mr. Longo noted the Highway Safety Committee is requesting the Board of Selectmen votes Bay Farm Road northbound at Woodridge Road be designated as a stop street at the intersection and in the direction indicated.
Mrs. Sullivan moved the Board of Selectmen vote to amend the Traffic Rules and Orders, in accordance with the provisions of Chapter 89, Section 9 of the General laws, Bay Farm Road northbound at Woodridge Road be designated as a stop street at the intersection and in the direction indicated.
Mr. Tuffy seconded. The motion passed 3-0.
PARKING OFF ROUTE 14
A second request was made by the Highway Safety Committee to amend the Traffic Rules and Orders by adding to Schedule F – Limited Parking, a new sub Paragraph d. stating “No person shall park a vehicle and leave it unattended in the area off the south side of Route 14, Congress Street, above the cranberry bog in the vicinity of the Township Condominiums.” This request was made to eliminate the practice of leaving cars that are for sale in this area, which is owned by the Town.
Mr. Tuffy expressed concern that should parking be prohibited, it may limit people from utilizing walking paths around the bog. He further noted it might be preferable to establish a time limit for parking there. Mrs. Sullivan tabled the request until more information was provided. Mr. Longo indicated he would provide the Board with more information at the next scheduled Board of Selectmen’s meeting.
At 7:40 p.m. Mrs. Sullivan moved the Board to recess and then to reconvene as Sewer Commissioners for the Town of Duxbury in order to continue discussion of 7.13 Sewerage Rules and Regulations. John Tuffy seconded. The motion passed 3-0.
PUBLIC HEARING – 7.13 SEWERAGE RULES AND REGULATIONS
Listed below are changes to 7.13 Sewerage Rules and Regulations that were recommended be made by the Board of Selectmen.
ARTICLE III – BUILDING SEWERS AND CONNECTIONS – Section 1 – Paragraph 3: Replace “In addition, any person proposing a new discharge into the public sewer system served by any septic or treatment system, excluding the public sewer that is connected to the Marshfield Wastewater Treatment Plan, shall apply I writing to the DPW for a Wastewater Flow Allocation in conformance with 7.13.3: WASTEWATER FLOW ALLOCATIONS.” with “In addition, any person proposing a new discharge into the Snug Harbor shared system, shall apply in writing to the DPW for a Wastewater Flow Allocation in conformance with 7.13.3: WASTEWATER FLOW ALLOCATIONS.
ARTICLE IV – USE OF THE PUBLIC SEWERS – Section 10 – Paragraph 3 – Line 15: Replace “24-jhour” with “24-hour”.
ARTICLE V – POWERS AND AUTHORITY OF INSPECTORS – Section 3 – Paragraph 1 – Line 3: Replace “but no limited to,” with “but not limited to,”.
ARTICLE VII – CONFLICT OF ORDINANCES – Section 1 – Paragraph 1 – Line 10: Replace “Article iv, Section ii” with “ARTICLE IV, Section 11”.
ARTICLE XI – PENALTIES – Section 1: Replace “Any person, firm, partnership or corporation who shall continue any violation beyond the time limit provided for in Article VIII, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding more than twenty ($20.00) for each violation. Each day in which any such violation shall continue beyond the time limit shall be deemed a separate violation.” with “Any person, firm, partnership or corporation who shall continue any violation beyond the time limit provided for in ARTICLE VIII, shall be assessed a penalty to be determined by the Board of Selectmen acting as Sewer Commissioners.”
ARTICLE XII – LIABILITY – Section 1 – Line 3: Replace “by reason or” with “by reason of”.
7.13.1 BETTERMENT ASSESSMENTS AND SEWER PRIVILEGE FEES – Section 1 – Paragraph 2 – Line 3: Replace “Sections 14 and 24 of the General Laws of the commonwealth” with “Sections 14 through 24 of the General Laws of the Commonwealth”.
7.13.1 BETTERMENT ASSESSMENTS AND SEWER PRIVILEGE FEES – Section 5.3 – Line 3: Replace “based on the mount” with “based on the amount”.
7.13.2 USER CHARGE SYSTEM BLUEFISH RIVER, SNUG HARBOR, AND BAY ROAD SHARED SYSTEM PROJECTS – Section 1.3 – Line 2: Replace “Town of Duxbury Bluefish River and Snug Harbor Shared Systems,” with “Town of Duxbury Bluefish River, Snug Harbor, and Bay Road shared systems,”.
7.13.2 USER CHARGE SYSTEM BLUEFISH RIVER, SNUG HARBOR, AND BAY ROAD SHARED SYSTEM PROJECTS – Section 3.2.2 – Line 1: Replace “Bluefish River and Snug Harbor shared sewer system” with “Bluefish River, Snug Harbor, and Bay Road shared system”.
7.13.2 USER CHARGE SYSTEM BLUEFISH RIVER, SNUG HARBOR, AND BAY ROAD SHARED SYSTEM PROJECTS – Section 4.3: Replace “4.3 Volume Rate” with “4.3 Volume Rate”.
7.13.2 USER CHARGE SYSTEM BLUEFISH RIVER, SNUG HARBOR, AND BAY ROAD SHARED SYSTEM PROJECTS – Section 4.3 – Paragraph 3 – Line 1: Replace “Individual user shall” with “Individual users shall”.
7.13.3 Wastewater Flow Allocations – Section 1: Replace “This section in its entirety shall apply to all discharges to public sewer, except discharges to any public sewer that is connected to the Marshfield Wastewater Treatment Plant.” with “This section in its entirety shall apply to all discharges to the Snug Harbor shared system.”
7.13.3 Wastewater Flow Allocations – Section 4: Replace “By July 1, 2003, the Board of Selectmen acting as Sewer Commissioners shall assign a Wastewater Flow Allocation to each parcel of land that was connected to public sewer or shared system prior to the effective date of these regulation revisions.” with “By November 1, 2003, the Board of Selectmen acting as Sewer Commissioners shall assign a Wastewater Flow Allocation to each parcel of land that was connected to the Snug Harbor shared system prior to the effective date of these regulation revisions.”
7.13.3 Wastewater Flow Allocations – Section 6: Replace “Any person proposing a new Wastewater Flow Allocation shall apply in writing to the DPW at least 45 days prior to the change or connection, as described in Section 7 and Section 9” with “Any person proposing a new Wastewater Flow Allocation shall apply in writing to the DPW at least 45 days prior to the change or connection.”
7.13.3 Wastewater Flow Allocations – Section 7 – Line 1: Replace “public sewer” with Snug Harbor shared system”.
7.13.3 Wastewater Flow Allocations – Section 8 – Line 1: Replace “public sewer” with Snug Harbor shared system”.
7.13.3 Wastewater Flow Allocations – Section 8 – Line 3: Replace “Waste Water Flow Allocation” with “Wastewater Flow Allocation thereby decreasing the Wastewater Flow Allocation”.
7.13.3 Wastewater Flow Allocations – Section 8 – Lines 6 & 7: Replace “if: (1) the Wastewater Flow Allocation of each parcel will equal or larger to that parcel’s Title 5 flows based on actual land use” with “if: (1) the Wastewater Flow Allocation of each parcel will be equal to or larger than that parcel’s Title 5 flows based on actual land use and (2) that both parcels are held in common ownership”.
Town Counsel Robert Troy introduced Elizabeth Beardsley, the Town’s consulting Engineer. Ms. Beardsley provided the Board with an overview of changes made and explained that each property owner is assigned a wastewater flow allocation for which they must pay. They must stay within this allocation or, in the case of those in Snug Harbor, they may choose to buy some of the additional capacity. The Selectmen, acting as Sewer Commissioners, will assess sewer privilege fees if they grant increases to the wastewater flow allocation. The sewer privilege fee must still be assigned by the Selectmen Acting as Sewer Commissioners. The sewer privilege fee can take into account initial construction costs as well as additional related charges incurred since the initial construction.
Ruth Rowley, 546 Washington St. provided the Board with a walk-through of proposed regulation changes to Snug Harbor shared systems that she submitted to them just prior to the start of the meeting. Ms. Rowley questioned the legality of sections of the new regulations and indicated they were not valid because they did not conform to Title V. Elizabeth Beardsley, and Engineer with CDM, who worked on the proposed changes, informed the Board the new rules do conform to Title V.
Attorney Troy told the Board the law says it can be done in many ways as long as it is fair. The amounts are lawfully imposed, and backed up with documents. He further indicated the system is fair and equitable and the Board can accept expert advice or abandon it. Mr. Troy also indicated he was satisfied the document is legal and because Ms. Rowley’s document was received that day, it would be unfair to consider it.
Mr. Longo stated the working group, made up of Selectman Andre Martecchini, Ruth Rowley, Richard MacDonald, Director, Building/Inspectional Services, Elizabeth Beardsley, Engineer with CDM, Attorney Robert Troy, Health Agent Jennifer Dalrymple and himself, went by consensus. Mrs. Sullivan noted that by consensus, Ms. Rowley’s report was in the minority.
J. R. Kent questioned the calculation of the yearly maintenance fee. He asked if the $3,000 for software was 100% attributable to the Snug Harbor project, and if the CDM fee should be considered as annual maintenance or should be charged as part of the sewer privilege fee for new flow allocations. Mr. Martecchini said that these were very valid questions that will be taken into account when setting the maintenance charges and sewer privilege fees, but really did not affect the proposed regulations.
Mr. Tuffy indicated Town Counsel has recommended voting; it has been an open public process, that it should finally take care of the capital cost, and that he was ready to vote.
Mr. Martecchini expressed his belief the committee has been as fair and equitable as possible and feels comfortable going forward with it.
Mrs. Sullivan indicated the committee labored several years on this project and is satisfied, that legal counsel has stated it is legal, and she is comfortable with the document.
Mr. Martecchini moved that we, the Board of Selectmen acting as Sewer Commissioners, amend 7.13 Sewerage Rules and Regulations in the Selectmen’s Manual as per the document dated 8/11/03 as amended tonight.
Mr. Tuffy seconded. The motion passed 3-0.
It was agreed that a package would be sent to each of the Snug Harbor participants notifying them of the revised regulations, indicating the flow currently assigned to them, and inviting them to submit any requests for additional flow allocation. The Selectmen will set a date by which such requests will be considered prior to assigning capacity on a first-come first-served basis. Mr. Longo noted that property owners interested in applying for increased wastewater flow can obtain a one-page list of procedures and guidelines from Richard MacDonald, Inspectional Services or Health Agent, Jennifer Dalrymple.
At 9:10 p.m. Mr. Tuffy moved to adjourn as Duxbury Sewer Commissioners and to reconvene in open session. The motion passed 3-0.
Meeting Minutes 9/22/03
Mr. Tuffy moved the Board of Selectmen adopt the minutes of 9/22/03 as written. Mr. Martecchini seconded. The motion passed 3-0
Committee Resignations
Mrs. Sullivan noted Michael Vidette, Jr. has resigned as a member of the Council on Aging. The Board of Selectmen regretfully, but understandably accepted his resignation and hopes to see Mr. Vidette volunteering again in Town Government in the near future.
Mrs. Sullivan noted Beth MacLeod has resigned as a member of the Duxbury Cultural Council. The Board of Selectmen regretfully accepted the resignation and Mrs. Sullivan noted that Duxbury is very fortunate to have residents like Beth MacLeod who are willing to donate their time and their talent.
Mrs. Sullivan moved to adjourn at 9:20 p.m. Mr. Tuffy seconded. The motion passed 3-0.
Karen McCann
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