BOARD OF SELECTMEN April 28, 2003
The meeting was called to order at 7:37 p.m. Present were Chairman Elizabeth Sullivan, Selectman John Tuffy, and Town Manager Rocco Longo. Selectman Andre Martecchini was not present.
OPEN FORUM
Mrs. Barbara Pye, 54 Church St. told the Board she was hoping Mrs. Sullivan and Mr. Tuffy would change their vote regarding Article 6 on the Special Town Meeting Warrant (Resolution to Decrease Terrorism at Pilgrim Nuclear Power Station - Secured Dry Cask Storage of Radioactive Fuel – an interim measure to increase Duxbury’s safety until Yucca Mountain opens in 2015 or beyond). She indicated the Nuclear Advisory Committee was not anti-nuclear, but concerned mainly about safety issues. Mr. Tuffy noted he was comfortable with his decision. Mrs. Sullivan expressed she would like to leave it until Town Meeting.
Several individuals voiced their opinion regarding Article 1 on the Special Town Meeting Warrant.
Kathy Bittrich, 3 Cherry Lane, expressed disappointment regarding Mr. Tuffy’s and Mrs. Sullivan’s vote to support Article 1. She felt Elected Town Officials were losing an opportunity to be leaders in the community by not supporting the voters on this issue.
Colleen Brayer, Tobey Garden St. expressed concern that the School Department was trying to make the Full-day Kindergarten Program part of the School’s regular budget. Mrs. Sullivan indicated it was her hope that next year the School Department would seek to fund the program through a revolving fund as was attempted initially.
Mrs. Karen Wong, 58 Meetinghouse Rd. indicated there was no conspiracy to hide the cost of the program. She further noted the program should pay for itself and accounting records will be available for anyone who wants to see them.
Debbie Bornheimer, Upland Road stated that a fee-based program becomes incorporated into the school budget, there is no voter review and, if it passes, it is not subject to debate at any future Annual Town Meeting. Mr. Tuffy indicated it is the School Committee’s decision what programs it offers, as long as they can do it within the budget authorized by Annual Town Meeting.
KELSO CONSERVATION RESTRICTION
Mrs. Pat Loring and Mr. Tony Kelso presented the proposed Conservation Restriction between the Kelso family and The Wildlands Trust which adds an additional six acres to their previous nineteen acre restriction on Standish Shore. Mrs. Loring indicated that as a result of the publicity for the Kelso’s previous restriction, a neighbor who is a wetlands scientist called to volunteer his time to certify the vernal pools on the Kelso’s land. Working with Tony Kelso, Mr. Brad Holmes collected the necessary data through wet and dry season to certify three vernal pools, one of which is located on this new six-acre parcel.
Mrs. Loring also noted it is a requirement the Board of Selectmen approve Conservation Restriction #17 to insure it fits in with the planning objectives of the Town. Mrs. Sullivan indicated The Wildlands Trust and the Town’s interests are the same. Both Mrs. Sullivan and Mr. Tuffy were in support of it.
Mr. Tuffy moved the Board of Selectmen approves and executes the Conservation Restriction between the Kelso family and the Wildlands Trust. Mrs. Sullivan seconded the motion. The motion passed 2-0.
HARRINGTON PROPERTY – RIGHT OF FIRST REFUSAL
Mrs. Pat Loring informed the Board that Pauline Harrington, owner of the property on Temple Street, Duxbury, MA, comprising of 13.43 acres intends to sell the same to Sealund Corporation and wanted to be sure that Town Boards had a full discussion on the property. She noted the Community Preservation Committee and the Planning Board recommend the Board consider the 61A option to purchase the property for Community Housing. Mrs. Sullivan indicated that since the Town has already acquired two properties with Affordable Housing components, it would not be prudent for the Town to spend $800,000 at this point in time. Mr. Tuffy noted the Conservation Commission voted to recommend that the Town not exercise its right of first refusal under MGL Chapter 61A for purchase of this parcel for open space purposes. The buyer of the
property, Sealund Corporation, has indicated to the Conservation Commission that some of the property may be gifted to the Town for open space.
Mr. Tuffy moved that the Board of Selectmen exercise its rights pursuant to Massachusetts General Laws Chapter 61A, Section 14, to purchase 13.4 acres identified in the Duxbury Assessors records as Lot 60b 029-000 on Temple Street. All in favor “0”. All opposed Mrs. Sullivan “aye”, Mr. Tuffy “aye”. The motion failed 0-2.
NO PLACE FOR HATE COMMITTEE – PRESENT RESOLUTION OF RESPECT PLEDGE
Mr. Harry Katz presented the Board of Selectmen with a plaque from the Duxbury Interfaith Council stating the “Resolution of Respect Pledge” which signifies the Town of Duxbury is “No Place for Hate”. Mrs. Ellen Berrall noted this is Duxbury’s third year of re-certification and presented the Board with posters containing over 500 signatures of Duxbury citizens in support of the South Shore Coalition for No Place for Hate.
DUXBURY SPRINT TRIATHLON
Chief William Harriman informed the Board a meeting with Brian Noyes, Event Coordinator, Officer Thomas Johnson of the Duxbury Police Department and several Town department heads was held to discuss the particulars of the event and to address any concerns the group may have. Several changes were made in the coordination of the event. As a result, the group felt the race could be held safely and appropriately if all of the conditions stated in a letter from Chief Harriman to the Board dated April 23, 2003 were met. Chief Harriman’s letter and the final plan for this event are attached and made part of these minutes. It was also noted that Harbormaster Donald Beers, Chief William Harriman and Brian Noyes would have the final word as to whether or not conditions are favorable enough for the event to take place.
Mr. Tuffy moved the Board of Selectmen grant permission for the proposed 2003 Duxbury Sprint Triathlon scheduled for September 21, 2003, subject to the terms and conditions as outlined in a letter to the Board from Chief William Harriman dated April 23, 2003. Mrs. Sullivan seconded the motion. The motion passed 2-0.
LICENSE RENEWAL REQUEST – JAY’S ICE CREAM
Mr. Bruce Hamilton requested the renewal of the vendor’s license for Jay’s Ice Cream for the months of May 2003 – October 2003. Mr. Hamilton told the Board he would like to continue to service the Town of Duxbury through the sale of ice cream, soft drinks and pre-packaged snack food at the residents’ beach parking lot; at town-wide celebrations and on occasion, at events at the ball fields and parks when not in competition with any fundraising events.
Mrs. Sullivan noted Mr. Hamilton has obtained a Business Certificate and has filled out an Application for License. Mrs. Sullivan further noted approval letters have been obtained from the Board of Health, Chief William Harriman, Duxbury Fire Department and Donald Beers, Harbormaster.
Mr. Tuffy moved the Board of Selectmen renew the license for Jay’s Ice Cream for this coming season. Mrs. Sullivan seconded the motion. The motion passed 2-0.
BUSINESS
TOWN MANAGER’S BRIEF
Mr. Longo requested the Board to meet for five minutes in Executive Session to discuss Collective Bargaining.
State Aid Budget Update 4/23/03
Mr. Longo reported, on the State level, the current House budget shows a 21% cut in State aid to the Town of Duxbury, whereas Governor Mitt Romney’s proposed budget includes a 16% decrease in State aid. Mr. Longo indicated the Town has budgeted for a 15% cut, so if the Governor’s budget is adopted we will be in better shape. Mr. Tuffy asked what the strategy would be to make up the $140,000 difference between the House budget and the Governor’s budget, if the House budget is adopted. Mr. Longo stated that he’ll work with his department heads, but would have to ask for a Special Town Meeting if more cuts were necessary than what was already approved. When asked by Mrs. Debbie Bornheimer what other lines of business are missing, Mr. Longo noted Veteran’s Benefits, Payment in
Lieu of Taxes, the Quinn Bill and Library Aid.
Annual Town Meeting Warrant Article #4
Mr. Longo informed the Board a letter was received from the Office of the Attorney General stating disapproval of the amendments adopted under Article 4 on the warrant for the Duxbury town meeting that convened on March 8, 2003. This Article proposed to increase the Board of Selectmen from three Selectmen to five Selectmen elected at large for three-year staggered terms at the next Annual Election in the year 2004. As a result, there will be only 3 Selectmen in the Election next year.
Bay Road Betterment Interest Rate
Mr. Longo asked the Board to set an interest rate for the Bay Road Area Shared Septic System betterment. Interest obtained will be utilized to administer the Betterments, i.e. handling charges, auxiliary reports, etc. Mr. Longo noted that there is zero interest if the betterment is paid within the first 30 days. A maintenance fee will be decided once the Town has looked at operational costs such as the cost of water usage as well as the cost to maintain the pump and lines.
Mr. Tuffy moved the Board set the interest rate for the Bay Road Shared Septic System betterment at 4.5%. Mrs. Sullivan seconded the motion. The motion passed 2-0.
Percy Walker Pool
Mr. Longo reported the Percy Walker Pool has been substantially renovated recently, and that a leaking backwash valve resulted in the loss of approximately one-foot of water. Repairs have been made.
Retirement
Mr. Longo announced that Carl Hillstrom Water/Sewer Superintendent is retiring.
Employee Health Insurance Rate Increase
Mr. Longo announced that health insurance rates for Town Employees would be increased 53% for Master Health Plus beginning FY04. Mr. Longo explained that a Health Insurance Trust deficit occurred as the result of a high volume of claims. The intent of the increase is to recoup losses over a 3-year period. He further noted an HMO would be offered. The Unions have been notified.
Mr. Tuffy indicted the Town is not asking employees to pay any more than County/Collaborative employees. Mr. Longo assured the Selectmen he plans to monitor the Health Insurance Trust on a monthly basis in order to head off any further increase in deficit.
STM WARRANT ARTICLES – BOS VOTES
Article1 – Full Day Kindergarten Program
Mrs. Sullivan indicated she felt comfortable that the School Department can predict the costs associated and that people would cover these costs.
Mr. Tuffy noted he did not feel that he was voting on full day kindergarten, rather he is voting on whether or not the School will be allowed to facilitate the program.
Mr. Tuffy moved the Board of Selectmen support Article 1 of the Special Town Meeting Warrant of May 5, 2003. Mrs. Sullivan seconded the motion. The motion passed 2-0.
Article 2 – Motion 1 – Current Fiscal Year – Snow and Ice
Mr. Tuffy moved the Board of Selectmen support Article 2 Motions 1-5 the transfer of:
$102,000 for Snow and Ice;
$7,000 for Vehicle Maintenance,
$6,000 for Town Meeting Expense,
$20,000 for Board of Selectmen and,
$11,000 for Pool/Recreation.
Mrs. Sullivan seconded the motion. The motion passed 2-0.
REQUEST FOR A ONE-DAY LIQUOR LICENSE – FRIENDS OF THE COUNCIL ON AGING – GOLF TOURNAMENT
Mrs. Sullivan noted the Friends of the Council on Aging have requested a One-Day Day Liquor License for their Golf Tournament scheduled to be held on June 3, 2003 at the Duxbury Senior Center from 5:00 p.m. – 9:00 p.m. A TIP’s certificate has been submitted to the Board. Liquor Liability Insurance listing the Town of Duxbury as additional insured in the amount of $1,000,00 will be obtained by the Liquor Liability Joint Underwriting Association once the license has been granted.
Approval letters have been obtained from Richard MacDonald, Director, Building/Inspectional Services, Chief Mark DeLuca, Duxbury Police Department and Chief William Harriman, Duxbury Fire Department. Mrs. Sullivan further noted that Chief Harriman has requested at the start of the event, the Master of Ceremonies explain to the participants where the fire exits for the room that the function is being held in are located.
Mr. Tuffy moved the Board of Selectmen grant a One-Day Liquor License to the Friends of the Council on Aging for their Golf Tournament scheduled to be held on June 3, 2003 at the Duxbury Senior Center from 5:00 p.m. – 9:00 p.m. Mrs. Sullivan seconded the motion. The motion passed 2-0.
MEETING MINUTES 4/14/03
Mr. Tuffy moved to accept the meeting minutes of 4/14/03 as written. Mrs. Sullivan seconded the motion. The motion passed 2-0.
EXECUTIVE SESSION MEETING MINUTES 4/14/03
Mr. Tuffy moved to accept the Executive Session meeting minutes of 4/14/03 as written, and to be kept in public record until the reason for the meeting has passed. Mrs. Sullivan seconded the motion. The motion passed 2-0.
DUXBURY BEACH LEASE
Mrs. Sullivan noted the Duxbury Beach Lease is for the period between July 1, 2003 and June 30, 2004 in the amount of $175,000. This lease has been reviewed and approved by Robert Troy, Town Counsel.
Mr. Tuffy moved to execute the lease for Duxbury Beach for the year 2004. Mrs. Sullivan seconded the motion. The motion passed 2-0.
COMMITTEE APPOINTMENTS (IF ANY)
There were none.
At 10:04 p.m. John Tuffy moved to go into Executive Session to discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the government’s bargaining or litigating position, and to reconvene in open session in accordance with Mass. General Laws Chapter 39, Section 23B subsection 3. Mrs. Sullivan seconded the motion. The motion passed 2-0.
At 10:17 p.m. the meeting was reconvened into Open Session. Present were Chairman Elizabeth Sullivan, Selectman John Tuffy and Rocco Longo Town Manager.
Mr. Tuffy moved the Board of Selectmen support Article 3 Motion 3, the Town vote to appropriate the sum of $33,755 for the purpose of funding a collective bargaining agreement with the Local 2167 International Association of Firefighters for the fiscal year beginning July 1, 2003 and ending June 30, 2004 and to meet said appropriation transfer the sum of $33,755 from free cash. Mrs. Sullivan seconded the motion. The motion passed 2-0.
Mr. Tuffy moved the Board of Selectmen support Article 3 Motion 2, the Town vote to appropriate the sum of $9,561 for the purpose of funding a collective bargaining agreement with the Duxbury Secretaries/Clerks Association for the fiscal year beginning July 1, 2003 and ending June 30, 2004 and to meet said appropriation transfer the sum of $9,561 from free cash. Mrs. Sullivan seconded the motion. The motion passed 2-0.
Mrs. Sullivan noted that since Mr. Tuffy’s wife is a teacher for the Duxbury School System, the Board would wait until Mr. Martecchini is available to vote for Article 3 as it relates to Schools – Teachers.
The Board decided to meet again on Friday, May 2, 2003 at 5:30.
The meeting adjourned at 10:37 p.m.
Karen McCann
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