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2003-1-13 Board of Selectmen Minutes

BOARD OF SELECTMEN                                              JANUARY 13, 2003

The meeting was called to order at 7:30 p.m.  Present were Selectmen Elizabeth Sullivan, Andre Martecchini and Town Manager Rocco Longo.  Mr. John Tuffy arrived later.

OPEN FORUM

Library employee Carol Jankowski addressed the Board of Selectmen under Open Forum.  Ms. Jankowski informed the Board she was there to discuss the following:

The history behind the Library employees forming a Union,
The impact on morale as a result of lengthy negotiations,
Hay Study results and step increases.

Mrs. Sullivan cautioned Ms. Jankowski not to speak on the subject of the Personnel ByLaw due to collective bargaining.  Mrs. Sullivan read a press release dated January 13, 2003 from the Town of Duxbury.   Mrs. Sullivan indicated the course of action being taken is prudent and the Town is hopeful that, with the assistance of a mediator, the parties will be able to conclude negotiations quickly. This document is attached and made part of these minutes.

ATM ARTICLE #41 – LAMONT HEALY

Mr. Healy presented Article #41 to the Board.  This Article proposes to amend Duxbury Zoning By-Law Section 502 by adding the following language as Footnote 11 and to be cross-referenced in RC Building Coverage.  “The 15% coverage ratio as specified in these by-laws 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 By-Law in 1990.  The Zoning Board of Appeals shall review any lot where new construction is proposed that does not conform with current Zoning by-laws”.

Mr. Healy asked that the Board of Selectmen support the article.  Mr. Martecchini noted that if the proposed addition were not detrimental to the neighborhood, the Zoning Board of Appeals (ZBA) would need to review it because it’s a “non-conforming” lot.  It would also need to go to the Planning Board.

Mrs. Sullivan indicated she preferred to have the whole Board there before taking a vote (Mr. Tuffy had not yet arrived).   

STATE BUDGET UPDATE – REPRESENTATIVES TOM O’BRIEN AND DANIEL WEBSTER; SENATOR ROBERT HEDLUND

A budget briefing, consisting of a revenue/budget outlook for the Commonwealth of Massachusetts, compiled by Senator Robert L. Hedlund, Representatives Thomas J. O’Brien and Daniel K. Webster was submitted to the Board.   

Senator Hedlund noted there has been a serious decline in revenue, which may create a delay in the March 2003 local aid payment.  He indicated the Governor has asked the Legislature for the power to further cut local aid.  The Senator sees four areas impacting the budget:

Human Services
New revenues, Federal Aid and Fees
Local Aid
All other areas.

Senator Hedlund also indicated that “means” testing of communities is “off the table” and he will oppose it if it become necessary.

Representative O’Brien touched on the following subjects:

How we got to where we are today,
Discussion on the FY 03 budget and
Where we are going.  

When asked by Mr. Tuffy what he felt would specifically be cut, Representative O’Brien indicated:

Lottery Aid,
Chapter 70 and
School Budget Assistance.

Representative O’Brien anticipates a 15% cut off the Cherry Sheet for State aid across the board.  A slow recovery is expected and any planning that can be done now would be prudent.

Representative Daniel Webster indicated voters do not want an income tax increase.  Expanded 9C powers will allow the Governor to make cuts after the Legislature have approved the budget.  However, if at any time the Legislature is not happy with cuts made, they can still go back and revisit the issue.  Mr. Martecchini encouraged doing business at less cost wherever possible.

In regards to school reimbursement, Representative O’Brien indicated reimbursement has been lengthened.  With the Chandler School at #124 and the Alden School at #126, the commitment is at least 7 years out.

When asked by Holly Morris, a member of the Community Preservation Act Committee, what were the particular areas of weakness, Representative O’Brien indicated they are:

Fall off in revenues
Sales Tax revenues and
Capital gains.


ATM ARTICLES #10 -17, 23  HOLLY MORRIS, FRIEND WEILER, JOE GRADY

Mr. Friend Weiler, Conservation Commission Chairman reviewed articles 10 – 16 with the Board.  These Articles are attached and made part of these minutes.

Article #17 – Transfer Delano land from CPC to Water Enterprise for water supply purposes and fund via water revenues.  

It was noted that if the Delano property supported a future well site, it would need to be defined with a survey plan, to be cut off and deeded to the Water Department, resulting in reimbursement to the Community Preservation Committee (CPC).  Mr. Longo indicated he would bring the issue to Kathleen Collary as to whether or not the CPC account can received funds from a Town Division.  Mr. Tuffy requested this done under a separate letter.

Article #23 – To see if the Town will appropriate Community Preservation Fund revenues for historic preservation of a town building(s).  This Article related to the Wright Building.  Mr. Weiler indicated the CPC would not endorse the use of the Wright Building.  The CPC had not yet voted on the use of the Wright Building for a Teen Center.

PUBLIC HEARING: ORDER OF ASSESSMENT OF BETTERMENTS PURSUANT TO M.G.L. CHAPTER 83, SECTION 27 BAY ROAD SHARED SEPTIC SYSTEM

Robert S. Troy, Town Counsel noted that tonight’s Public Hearing represents the end of the Bay Road project and asked the Board of Selectmen to adopt an Order of Assessment of Betterments.

The Board favorably voted to approve the Order of Assessment of Betterments Pursuant to M.G.L. Chapter 83, Section 27 and pursuant to the Town of Duxbury Sewage Rules and Regulation, do hereby Order the Assessment and charges on the list of ways and on the parcels shown on Plans hereinafter mentioned, which plans are duly recorded in the Plymouth County Registry of Deeds as Plan 819 of 2002.

This document is attached and made part of these minutes.


UPDATE ON DAMAGE TO DUXBURY BEACH – DONALD BEERS, HARBORMASTER

Harbormaster, Donald Beers reported on damage to Duxbury Beach that resulted during a storm on January 4, 2003.  Mr. Beers noted that gale force winds created 12-18 ft. seas.  The department closed the beach approximately one hour before the tide.  Police and Highway created barriers, however, there were many washovers south of High Pines.  Both the Conservation Commission and Beach Reservation were notified.  The beach was subsequently closed for two days. Approximately 9,000 feet of fence came down and the third crossover will need to be reconstructed.  Roadwork was done on Front beach.   Personnel related costs were borne by the Reservation.

BUSINESS

TOWN MANAGER’S BRIEF – FY04 BUDGET PRESENTATION

Prior to presenting the Town’s FY04 Budget, Mr. Longo recapped the FY03 Budget.  Highlights are as follows:
Per Governor Romney, the Commonwealth has a budget shortfall of $450 – 600 million dollars.  
Mass Taxpayers Association has indicated FY 03 budget shortfall may be $500,00 out of balance.
There is a potential State 10% revenue shortfall for the last two quarterly payments.
The impact on the Town of Duxbury equals 4.6 million dollars with a $115,000 shortfall 3rd quarter payment, $115,000 short fall 4th quarter payment, and $230,000 worst case scenario.
Mr. Longo has been meeting with his Department Heads and Union Leadership to discuss the following:
sharing, supporting resources on demand/need,
minimize/eliminate overtime (when possible),
for future consideration, reviewing Town’s fees.
No new hires and don’t fill vacancies.
The Town Manager will review/scrutinize all expenditure.

FY04 Budget

General Government

One less day/week (one position) Selectmen/Town Manager’s Office.
One less position in Collector/Treasurer’s Office.
Fewer hours for P/T position in the Conservation Office.
Legal budget under funded.

Public Safety
Police Department

Will not fill one department position.
Cut overtime coverage.

Fire Department

Will not fill one department position.
Substantially reduce Call Department.

Inspectional Services

Will not fill one department position.

Harbormaster

Reduce increases (50 cents) for part-time summer help and reduce summer help.

Public Works

No significant changes.
Summer part-time help reduced.
Vacancies will not be filled depending on circumstances (currently there is one vacant position).

Library  

Close on Sundays (4 hours)
Eliminate Pages

Recreation

Eliminate overtime.

Human Services

Council on Aging

Not filling one position (Switchboard)

Schools

Level Funding request
FY 03 salaries and expense same for FY04.
Negotiations and discussion ongoing – our biggest FY 04 challenge.

Town/School Shared Costs

Employee Benefits
$1.2 million dollar increase.
Health Insurance $900,000.
Property/Liability/Worker’s Comp through MIIA
(Incentives for Savings)
$7,500 Worker’s Comp Credit from MMA meeting.

Debt Service

Exempt debt reduced $8000,000 as a result of recent Bond issuance.
School BANS (temporary borrowing) for $42,588,207, 1.026%.

OPEN/CLOSE WARRANT – ATM 3/8/03

The Board favorably voted to open the Warrant for the 3/8/03 Annual Town Meeting.

The Board favorably voted to delete Articles 26 and 27.

The Board favorably voted to insert 6 Articles submitted by the Planning Board on behalf of the CPZBIC Committee, and renumber accordingly.

The Board favorably voted to close the Warrant for the 3/8/03 Annual Town Meeting.

MEETING MINUTES FOR 1/6/03 AND 1/9/03

The Board favorably voted to accept the BOS meeting minutes dated 1/6/03 and 1/9/03 as drafted.

COMMITTEE APPOINTMENTS

There were none.
The meeting adjourned at 10:26 p.m.

Karen McCann