BOARD OF SELECTMEN November 12, 2003
The meeting reconvened in Open Session at 7:32 p.m. Present were Chairman Elizabeth Sullivan, Selectmen Andre Martecchini and John Tuffy, and Town Manager Rocco Longo.
OPEN FORUM
Steve Jones was present at Open Forum to inquire as to the status of the Wright Building Study. Mr. Longo advised him that RFQ’s (Requests for Qualifications) were distributed to parties responding to ads in the Central Registry. Submissions are due on December 1. The project will be awarded based upon qualifications and review by the Community Preservation Committee members.
Betsy Sullivan recognized CPC Chairperson Holly Morris’ efforts in preparing this RFQ.
EXECUTION OF BONDS FOR PERMANENT FINANCING
Town Treasurer Gloria Williams had submitted RFP’s for bonding of $1,025,000. Eastern Bank, the low bidder, was the recommended provider.
John Tuffy moved that the Board of Selectmen award and execute bonds totaling $1,025,000 to Eastern Bank for the purpose of permanently financing a new aerial ladder truck for the Fire Department and for replacement of water lines throughout the town. Andre Martecchini seconded. The motion passed, 3-0.
SPECIAL TOWN MEETING ARTICLES 3, 4, AND 5 - CPC
Holly Morris, CPC Chairperson, discussed the three articles her committee has placed on the warrant for the Special Town Meeting on November 24.
Article 3 seeks to change the wording of Article 2 under which the Merlet Property was acquired at the June 17, 2002 Special Town Meeting. At that time, management of this property was to be delegated to the Duxbury Housing Authority. However, the Committee has since learned that the DHA can only manage rental property, and cannot be involved with the building and sale of affordable homes. This article would convey ownership of the dwelling parcel of this property only (not the open space parcel) to the South Shore Habitat for Humanity. They could then build a home that would qualify as affordable housing.
The deed to this property would contain restrictions allowing the Town right of first refusal at the time of any future sale, and it would remain affordable housing in perpetuity. Town Counsel would take an active role in clearly determining the land ownership.
Mr. Martecchini moved that the Board of Selectmen support Article 3. John Tuffy seconded. The motion passed, 3-0.
Article 4 would similarly change the wording of Article 1 from the STM of June 17, 2002, when the Delano property was acquired. This parcel was purchased with an existing dwelling on the land. Town Meeting agreed to allow up to 2 affordabhe housing units on the property.
Linda Garrity, Chairperson of the Housing Authority, presented the Board with an idea not previously considered. She indicated that the State has funds available to fund a 4-bedroom home on this land, and that as long as it was used as a group home for developmentally disabled individuals, each bedroom would qualify as an affordable housing unit, creating 4 units instead of one. The Housing Authority could obtain a ground lease for the existing house and they could possibly be entitled to some renovation grants, but she said that single-family dwelling construction funds are not as easily available as the group home funds she discussed.
Mrs. Morris pointed out that changing the housing arrangements as Mrs. Garrity suggests would be opposed to what was agreed upon by Town Meeting vote, and that plans should remain for two single-family units.
Mrs. Garrity remarked that the housing she proposed meets 40B criteria and failure to consider it could be considered discriminatory. She reminded the Board that funds are more readily available for this type of construction than for standard construction.
Mrs. Sulllivan did not feel that multi-resident housing was what the voters had in mind when they approved the original article. Mrs. Morris agreed. Mr. Longo reminded Mrs. Garrity that her proposal could not go to Town Meeting without the support and approval of the Community Preservation Committee.
Mr. Martecchini commented that it’s possible that the State funding Mrs. Garrity referenced for group housing could be withdrawn at any time despite its current availability.
Mr. Tuffy said he supports the article as written. He recognizes the need for group housing, but these parcels were not acquired for that purpose. He would like to respect the wishes of the citizens and keep the housing plans as previously voted.
Andre Martecchini moved that the Board of Selectmen support Article 4. John Tuffy seconded. The motion passed, 3-0.
Article 5 requests the appropriation of funds to provide for perpetual oversight of conservation restrictions on the Delano, Merlet, Hamadeh and Swanson properties. Mark Primack, Executive Director of the Southeast Massachusetts Wildlands Trust, addressed the Board.
Mr. Primack explained that his trust maintains the conservation restrictions for these and other lands, and produced worksheets illustrating the costs of maintaining each property on an annual basis. He used this base cost to project a one-time endowment assessment. He pointed out that other groups (Audobon, for example) provide similar services at higher costs. He reminded the Board that the Wildlands Trust contributed to Duxbury conservation land purchases, including West Street and the Millennium Green.
He indicated that the Trust segregates these stewardship funds from its own funds, but co-mingles the contributions of all participants (except one, which still has a separate fund). Mr. Tuffy asked if there were safeguards in place to protect these assets from judgment against the Trust. Mr. Primack was not sure and would have to seek legal advice to answer the question. There is a provision in the restriction that says that if the Wildlands Trust ceases, responsibility for lands would go to another organization, and the stewardship funds would be transferred as well. It is the Wildlands Trust’s responsibility to keep the stewardship funds from exhausting, but there is nothing to preclude future assessment.
Mr. Primack stated that this article must be passed at the Special Town Meeting in order for the SE Massachusetts Wildlands Trust to administer the conservation restrictions on the properties named above.
Mr. Tuffy would like to have more detailed answers to his questions. He is concerned about the future of the endowment, and will abstain from voting. Mr. Martecchini moved that the Board endorse Article 5 in the amount of $32,479 for the purpose of establishing stewardship funds for lands now under conservation restrictions through the SE Massachusetts Wildlands Trust. Mrs. Sullivan seconded. The motion passed, 2 – 0, with Mr. Tuffy abstaining.
The Board thanked Mr. Primack and Mrs. Morris for their efforts this evening.
SPECIAL TOWN MEETING – ARTICLES 1, 2 AND 7 – BOARD OF SELECTMEN/TOWN MANAGER
Article 1 will ask the voters to amend the vote under Article 5 of the 2003 Annual Town Meeting by reducing the amount allocated to the FY04 Health Insurance Trust Fund by $1,325,000 to cover the existing deficit in the Health Claims Trust Fund.
Once the deficit has been offset, the tax rate will be set and tax bills will be sent out. Without offsetting this deficit, the tax rate cannot be set.
Free cash will then be certified at approximately $2,600,000, and at the March, 2004 Town Meeting, the $1,325,000 will be transferred back into the line item of the 2004 budget. This is the strategy proposed by the Department of Revenue and is merely an accounting procedure. This will leave approximately $1,300,000 in Free Cash for FY05, and the Health Claims Trust Fund will be at a break-even point.
Peter Savage of Cook and Company gave an overview of the Town’s health plans and how our financial situation has changed over the past few years. The trust fund itself has been drawn down; claims have increased, and enrollment is substantially higher. These factors have helped to contribute to the $1,325,000 deficit.
Corrective measures have included 3 consecutive rate increases of 10%, 30% and 53% respectively; the addition of an HMO, and the establishment of an insurance review team that meets monthly. First quarter results for FY04 indicate that the Town is headed in a positive direction. Mr. Savage will address Town Meeting with this information.
Jim Powers of Powers and Sullivan, the town’s auditing firm, will also speak at Town Meeting about changes in procedures that will help manage the Claims Trust Fund as well as Department of Revenue procedures surrounding this action.
John Tuffy moved that the Board of Selectmen support Article 1. Andre Martecchini seconded. The motion passed, 3-0. The Board thanked Mr. Savage for his presentation.
Article 2 will ask the voters to allow approximately $39,000 to be transferred from the FY04 Property and Liability Insurance budget line item to Library salaries to fund increases resulting from completed library union negotiations.
Free cash is temporarily frozen and unavailable for this purpose. The Property and Liability insurance budget currently has a surplus due to credits from paying the bill in full at the beginning of the fiscal year, workers compensation audit credits, and loss control reward program credits.
John Tuffy moved that the Board of Selectmen support Article 2. Andre Martecchini seconded. The motion passed, 3-0.
Article 7 corrects a typographical error in the final report prepared by CPBZIC. Andre Martecchini moved to support Article 7. John Tuffy seconded. The motion passed, 3-0.
ARTICLE 6 – TREMONT ST. WATER MAIN - DPW
Article 6 will ask the voters to approve $100,000 to design, engineer, bid and provide inspectional services of a new water main on Route 3A between Depot Street and Woodridge Road. These mains were installed between 1926 and the 1940’s and are mostly 8” (a few 6”) in diameter, of varying materials.
DPW Director Tom Daley and Water Superintendent Carl Hillstrom were in attendance and propose to replace these old mains with 12” water mains before the State paves that portion of Route 3A in 2005.
Prior to beginning the water main replacement, it will be necessary to contract for services as listed above. This needs to be done now so the preparation work can begin and the funding for the actual construction can be placed on the Annual Town Meeting warrant for March, 2004.
If we delay replacing these pipes, there will be additional paving costs of $241,000. Bonding will be done for the actual construction if approved at Town Meeting in March 04.
John Tuffy moved the Board of Selectmen support Article 6. Andre Martecchini seconded. The motion passed, 3-0.
STM ARTICLES – BOARD OF SELECTMEN VOTES
Mr. Longo recommended the Board take action to ratify SEIU Local 888 Library Employees Union Contracts.
Andre Martecchini moved that the Board of Selectmen ratify the one-year contract for FY03 from 7/1/02 through 6/30/03. John Tuffy seconded. The motion passed, 3-0.
Mr. Martecchini moved the Board ratify the three-year contract from 7/1/03 through 6/30/06. Mr. Tuffy seconded. The motion passed, 3-0. This is subject to Special Town Meeting approval of Article 2 on November 24, 2003.
Mr. Martecchini moved to authorize the Board of Selectmen to execute both agreements on behalf of the Town of Duxbury. Mr. Tuffy seconded. The motion passed, 3-0.
DUXBURY BEACH COMMITTEE REPORT
Kay Foster and Joe Conway of the Duxbury Beach Committee were present during this part of the meeting. They presented the Board with a written summary of the public meeting held on October 22 in the Mural Room. The purpose of this meeting was to listen to and address citizens’ concerns about access to the beach.
Generally speaking, concerns were minimal. The Committee does not recommend changes in pricing or numbers of oversand stickers, nor do they suggest changing the resident to non-resident ratio for beach access.
They made some suggestions including selling seasonal permits to Blakeman’s to provide another option to non-residents; post beach closing information at areas such as the police and fire departments to eliminate long backups at the bridge; and providing beachgoers with more detailed information when they receive their renewal packages.
They cited multiple reasons for not opening the 3rd crossing to public access and explained why rates should not be increased. The Board members thanked Kay and Joe for their input.
TOWN MANAGER’S BRIEF
Mr. Longo reported that DPW Operations Manager Paul Balboni had accepted a position in the Town of Plymouth.
No immediate replacement will be made. The current structure of DPW management will be evaluated.
BUSINESS:
Brittany Lambert Christmas Tree Sale: The Brittany Lambert Foundation applied for permission to hold its 3rd annual Benefit Christmas Tree Sale. Approvals were received from Inspectional Services, Police and Fire Departments.
Andre Martecchini moved to grant permission for the Brittany Lambert Foundation Christmas Tree Sale to be held on December 5, from 4-8; December 6, from 10-8; and December 7, from 10-8 on the premises of Doran Insurance Building at 33 Enterprise Street. John Tuffy seconded. The motion passed, 3-0.
Notice of Intent to Sell Land on North Street: The Board of Selectmen received Notice of Intention to Sell Land subject to MGL Chapter 61, Section 8, from Attorney Robert E. Galvin, representing James A. Phalen and Ann Flaherty, Trustees of the George E. Phalen Real Estate Trust and Veronica Phalen. This property is located off North Street.
Copies of the notice were sent to the Conservation Commission, Planning Board and the Board of Assesors. The Town has 120 days to respond and has first right of refusal. If the Town does not purchase this land, it will be sold to Kevin P. Sealund, Trustee of 123 Washington Street Realty Trust for residential development.
Annual Christmas Tree Lighting on Millennium Green: John Stanton of the Duxbury Rotary Club and Duxbury Business Association submitted a request to use the Millennium Green for the annual lighting of the Christmas Tree and to serve coffee, donuts, and have caroling. All required permissions were obtained from Town department heads. Abutters were notified and no letters of objection have been received.
John Tuffy moved the Board of Selectmen grant permission to the Duxbury Rotary Club and the Duxbury Business Association to use the Millennium Green on Sunday, November 30, 2003 from 1:00pm to 7:00pm for this purpose. Andre Martecchini seconded. The motion passed, 3-0.
Duxbury Rural and Historical Society One Day Liquor License: Sharon Stanley of the Society applied for a one-day liquor license for the annual Members Party. Proof of insurance and TIPS certification were submitted and all Department Head approvals were obtained.
Andre Martecchini moved that the Board of Selectmen grant a one-day liquor license to the Duxbury Rural and Historical Society for their Annual Members Party to be held on December 11, 2003 at the King Caesar House at 120 King Caesar Road from 4:30 pm to 8:00 pm. John Tuffy seconded. The motion passed, 3-0.
Minutes of September 29, 2003: John Tuffy moved to accept the minutes of September 29, 2003 as presented. Andre Martecchini seconded. The motion passed, 3-0.
Minutes of November 3, 2003: Andre Martecchini moved to accept the minutes of November 3, 2003 as written. John Tuffy seconded. The motion passed, 3-0.
Motion to Adjourn: At 10:22 John Tuffy motioned to adjourn. Andre Martecchini seconded. The motion passed, 3-0.
Nancy Moody
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