Date of Meeting: February 6, 2006
Minutes Approved: February 27, 2006
BOARD OF SELECTMEN MINUTES
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair and Andre Martecchini.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were brought forward for discussion.
REQUEST FOR TWO-DAY RUG SALE: UNITED RUG AUCTIONEERS
Ms. Lori Connolly was present to represent the applicant. The application was discussed. Ms. Sullivan made a motion to grant permission to United Rug Auctioneers for a two-day rug sale on March 11 and 12, 2006 at 30 Tremont Street in Duxbury, subject to the conditions described in letters from the Duxbury Police Chief (dated 1/31/06); from the Duxbury Fire Chief (dated 1/31/06); and from the Director of Inspectional Services (dated 1/30/06). Second by Mr. Martecchini. Vote: 3:0:0.
EVENT PERMIT REQUEST: WEDDING AT BAY FARM FIELD
The applicants were not present due to a conflict with their college courses. Dawn Kelley and Shawn Ormont have requested permission to hold their wedding ceremony at Bay Farm Field on Saturday, May 13, 2006. Ms. Sullivan noted that approvals have been received from the police, fire, inspectional services, lands/natural resources, and conservation departments. Mr. Tuffy noted that the Fire Chief would like the applicant to bring a water extinguisher if any candles are to be used.
Mr. Martecchini made a motion to grant permission to Dawn Kelley and Shawn Ormont to hold their wedding ceremony at Bay Farm Field on Saturday, May 13, 2006, subject to the conditions noted on the following memoranda: Duxbury Police Chief (dated 1/31/06); Duxbury Fire Chief (dated 1/31/06): Director of Inspectional Services (dated 1/30/06); and Barbara Ripley (dated 2/6/06). Second by Ms. Sullivan. Vote: 3:0:0.
ANNUAL TOWN MEETING: PLANNING BOARD ARTICLES
1) Geographic Information System (GIS) Revolving Account: Ms. Stickney, Planning Director, and Mr. Finnegan (Deputy Assessor) were present to discuss the article. Ms. Stickney said that the GIS capabilities of the Town are growing each year. Information will be posted on the Town’s website when feasible. However, sometimes, engineers and developers may wish to have specialized information provided to them. The GIS subcommittee (consisting of the Information Systems Administrator, Planning Director, Deputy Assessor, Director of Inspectional Services, Director of Public Works and Conservation Administrator), would like to be able to charge for the service of providing the information, and to create a revolving account so that receipts may be used to
further Duxbury’s GIS program. Fees would be recommended by the GIS subcommittee for approval by the Board of Selectmen.
Ms. Sullivan commended the GIS subcommittee for developing the program step-by-step with limited funds.
Mr. Tuffy said that he is not in favor of a revolving fund. He said that the development of our GIS program has been made possible through expenditures from the General Fund. The Town decided that this was the highest and best use for the money at that time. Receipts should be returned to the General Fund, so that the Town may decide the highest and best use for that money.
Mr. Martecchini said that he is in favor of having a revolving fund. He believes that townspeople like to see that their fees generate related services.
Mr. Martecchini moved to support the establishment of a revolving fund to be credited with all fees and charges received for Geographic Information System services, to be expended under the direction of the Computer Department. Second by Ms. Sullivan. Vote: 2:1:0 (Mr. Tuffy against).
2) Amend Zoning Map: Ms. Stickney explained that the proposed article amends the Zoning Map by updating two sheets; the Publicly-Owned Land District (POL), and the Waterfront Scenic Area (WSA). The POL sheet update corrected some discrepancies from the original version and it also added the Town’s recent acquisitions since 2003. The POL layer was also overlaid on the Town’s new GIS base map completed this year by Applied Geographic, Inc. that delineates all the properties as of July 2005. The WSA sheet is the new district as established by Town Meeting in 2004 relative to piers. The article also amends the appropriate sections of the Protective Zoning Bylaw that references the Zoning Map dates.
Ms. Sullivan moved to support adoption of an amended Zoning Map entitled, “Town of Duxbury, Massachusetts Zoning Map”, dated March 2006; and support amending the Protective Bylaw to reflect the updated map. Second by Mr. Martecchini. Vote: 3:0:0.
3) Street Acceptance: Ms. Stickney explained that a public hearing regarding the acceptance of Deer Run (off Birch Street) as a public way has been scheduled before the Board of Selectmen on February 27, 2006. The Board indicated that they would take their vote on the proposed street acceptance at that time.
PROPOSED ARTICLE FOR FOURTH OF JULY FUNDING
Ms. Margaret Kearney and Ms. Janet Ritch were present to represent the Fourth of July Committee. They said that the cost of the parade and beach party has been $30,000 for the past several years, and is expected to be the same this year. Much of the money is spent in the form of advance deposits. The proposed article requests $10,000 in funding. The money, if approved, will be used for advance deposits for the 2007 parade and beach party.
Ms. Sullivan moved to support the proposed article to provide funding for the Town’s Fourth of July celebrations. Second by Mr. Martecchini. Vote: 3:0:0.
COMMUNITY PRESERVATION COMMITTEE AND CONSERVATION COMMISSION ARTICLES
Ms. Holly Morris, Mr. Joe Grady, and several members of the CPC and Conservation Commission were present for the discussion.
Ms. Morris began the discussion by saying that the CPC Committee has been having trouble understanding their exact financial position. This is because the Town Accountant position has been vacant. They expect to have more complete information soon, since the new Accountant begins on February 7.
Article “A”: CPC Operating Budget: The CPC is proposing to transfer $80,000 from the Community Preservation Act Fund for a CPC operating budget. Last year’s operating budget was $48,950. Ms. Morris explained that they would like to have sufficient funds for expenses such as surveying and obtaining conservation restrictions. Any surplus may be returned to the CPC General Fund.
The Board did not vote on this proposed article, pending clarification from the Town Accountant.
Article “B”: 10% Allocations of CPC Funds into Open Space, Historic Preservation, and Affordable Housing: Again, it was decided that clarification from the Town Accountant would be necessary prior to voting.
Article “C”: Renovation of Chandler Baseball Field: The Selectmen voted on 1/30/06 to remove this article from the Warrant, at the recommendation of the CPC. It was felt that the item was not ready to go forward.
Article “D”: Restoration of Fish Ladders on Island Creek: Mr. Jon McGrath was present to discuss the article. He said that the 2005 Annual Town Meeting voted CPC for the project. However, when the project went out to bid, only one bid was received, and it was for a greater amount than that which was allocated. The Fish Ladder Task Force re-designed some elements to make it less expensive, and also raised some grant money. Nonetheless, approval for additional CPC money is still required from Town Meeting. The Board postponed voting on this proposed article until more financial information is available.
Article “E”: Housing Consultant: This proposed article will be discussed with the Local Housing Partnership on 2/13/06.
Article “F”: Alden House Preservation: Mr. Alden Ringquist was present. He described some of the educational programs offered by the historic Alden House. He explained that it is open to the public on certain days throughout the year, for an admission fee. He described the planned work which included the replacement of thirty windows. Mr. Tuffy objected to the notion of charging the public for admission to a publicly supported building. No vote was taken on the article.
Article “G”: Transfer of Funds for Congress Street Property: Mr. Grady explained that the CPC purchased a property on Congress Street for the purposes of community housing and open space. However, all of the money was taken from the Open Space portion of the CPC fund. This article proposes to make an internal transfer from the Community Housing allotment to the Open Space allotment. No vote was taken.
Article “H”: “Loring” and “O’Brien” bogs: Mr. Grady explained that the purchase price would be $262,000. The article will ask for $281,000, so that costs of stewardship, a conservation restriction, and legal work can be included. Mr. Grady said that the price will not include Ocean Spray certificates. While having an Ocean Spray certificate guarantees a buyer for the berries, the payment schedule varies significantly. It would make it too difficult to maintain a 5-10 year agreement, and adds too many variables to the bidding.
Mr. Martecchini noted that the selling price is higher than the appraisal price. Mr. Grady said that this is partly due to the fact that the assessed value is significantly higher than the appraised price. Mr. Grady has been able to negotiate purchase prices between the assessed and appraised values.
No vote was taken.
Article “I”: “Nudd” Bog Purchase: Mr. Grady said that a stumbling block in the negotiations is obtaining a water withdrawal permit for the Town. If that can be worked out, the purchase price will be $200.000. The proposed article will ask for that amount, plus costs. No vote was taken.
Article “J”: Unused Funds: Mr. Grady explained that this article would return unused money allocated to specific projects and transfer said money back to the Community Preservation Fund. No vote was taken pending additional financial information.
Article “K”: Land Swap on Congress Street: Mr. Grady explained that this article proposes to rectify a situation where an abutter’s driveway is located on CPC land. Mr. Martecchini made a motion to recommend approval of the article proposing to swap a piece of land on Congress Street, identified as parcel 020-500-006 of the Duxbury Assessors maps for a piece of land off Congress Street from a parcel identified as 020-039-003 of the Duxbury Assessor Maps. Second by Ms. Sullivan. Vote: 3:0:0.
Article “L”: Jaycox Revolving Fund: Mr. Grady described the successful tree-selling season they had for Christmas 2005. Mr. Martecchini made a motion to support the Town Meeting article which would establish a revolving fund for the Jaycox Tree Farm in an amount not to exceed $15,000. Second by Ms. Sullivan. Vote: 3:0:0.
Article “M”: Conservation Fund: Mr. Grady explained that CPC money may be used to purchase land, but not to maintain it. The Conservation Commission has 3,000 acres of land to maintain. Therefore, the Conservation Commission is requesting $11,000 to pay for interns and for other maintenance expenses.
Mr. Martecchini moved to support the article proposing to raise and appropriate or transfer from available funds a sum of money to be added to the Conservation Fund. Second by Ms. Sullivan. Vote: 3:0:0.
Article “N”: Accept Grants for Fish Ladder and Pollution Assessments: Upon recommendation of the CPC, the Board voted on 1/30/06 to move this item to the Special Town Meeting of 3/11/06. Mr. Grady explained that it would be preferable to spend the grant money prior to the end of FY06. Ms. Sullivan made a motion to support the Special Town Meeting article which proposes to accept grant monies for Fish Ladder construction and Pollution assessments in the Bay Road area. Second by Mr. Martecchini. Vote: 3:0:0.
Conservation Commission Budget: Mr. Grady explained that he has requested an FY07 capital expenditure of $15,000 for weed control treatment in ponds shared with Pembroke. He has requested another $2,000 for expenses relating to maintenance of a weed harvester. The Selectmen will act on this information when they vote Articles 5 and 6.
BUSINESS
Special Town Meeting Warrant: Mr. Martecchini moved to open the Special Town Meeting Warrant for March 11, 2006. Second by Ms. Sullivan. Vote: 3:0:0. The list of proposed articles was reviewed, and the order of articles was determined. Mr. Martecchini made a motion to close the Special Town Meeting Warrant for March 11, 2006. Second by Ms. Sullivan. Vote: 3:0:0.
Annual Town Meeting Warrant: Mr. Martecchini moved to open the Annual Town Meeting Warrant for March 11, 2006. Second by Ms. Sullivan. Vote: 3:0:0.
Ms. Sullivan recommended that the article proposing the establishment of the Finance Director position be removed from the Warrant, since it now appears on the Special Town Meeting Warrant. Mr. Martecchini moved to remove the article establishing a Finance Director from the Annual Town Meeting Warrant for 2006. Second by Ms. Sullivan. Vote: 3:0:0.
The list of remaining articles was reviewed, and the order of articles was determined. Mr. Martecchini made a motion to close the Annual Town Meeting Warrant for March 11, 2006. Second by Ms. Sullivan. Vote: 3:0:0.
Town Manager Brief: Mr. MacDonald reported that beach and transfer station sticker sales have exceeded $100,000 to date. Construction in January was over one million dollars. The Town Manager staff is working diligently on budget preparation.
Committees: The Board of Selectmen accepted the resignation of John Day from the Board of Health and thanked him for his service. The Board acknowledged that Lynn Smith has served six years on the Duxbury Cultural Council, the maximum allowed by State law, and
thanked her for her many contributions.
Minutes: Mr. Martecchini made a motion to approve the Board of Selectmen minutes for January 30, 2006 as written. Second by Ms. Sullivan. Vote: 3:0:0.
ADJOURNMENT
Ms. Sullivan made a motion to adjourn the meeting at 9:45 PM. Second by Mr. Martecchini. Vote: 3:0:0.
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