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03-09-06 Board of Selectmen Minutes

Date: March 9, 2006
Date Minutes Approved: May 8, 2006      


BOARD OF SELECTMEN MINUTES                      
Present:  John Tuffy, Chair; and Andre Martecchini, Clerk.

Absent:  Elizabeth Sullivan, Vice-Chair

Staff:  Richard MacDonald, Town Manager; and C. Anne Murray, Dept. Secretary- Town Manager/Board of Selectmen.  

The meeting was called to order at 4:30 PM.


OPEN FORUM

No items were discussed.

NATIONAL INCIDENT MANAGEMENT SYSTEM ADOPTION

Fire Chief Kevin Nord was present.  Chief Nord explained that National Incident Management System (NIMS) is like a business plan for emergency preparedness.  It provides standardized procedures and common terminology to enable federal, state, and local governments, as well as private sector and non-governmental organizations to work effectively together in emergency situations.  It is taught in a module format with tutorials and tests.  There is mandated re-certification.  The cost to implement it is in man hours.  In order to be considered compliant the Police Department, Fire Department, Town Manager, and DPW Heads must receive the training by 2007.

The Duxbury emergency plans are also being re-written to be compliant with NIMS.

Also required for compliance is for every state and municipality to formally adopt NIMS through executive order, proclamation, resolution, or legislation.  The Chief is asking the Board to sign such a document.

Mr. Martecchini moved that the Board of Selectmen of the Town of Duxbury formally adopt the National Incident Management System (NIMS) as the Town standard for incident management.  Second by Mr. Tuffy.  Motion passed with the vote of (2:0:0).

As Fire Chief Nord was present three other items were briefly discussed:

Rebanding by the FCC mentioned in a recent article in The Beacon.  Chief Nord indicated he was aware of it and they are determining how best to address it.
Melanie’s Law / Requires Residential Carbon Monoxide Detectors be installed.  Melanie’s Law has passed and exceeds the Town of Duxbury bylaw.  It will be enforced at sale or transfer of a property, similar to the smoke detector laws.  Fire Department will be hold 2 forums in March to let the public and builders know about the requirements.  The one on March 22nd will be during the daytime and the other on March 23rd will be in the evening.

There was some discussion regarding town-owned buildings as to who is responsible and has the liability.  Answer:  The owner (not the tenant) is responsible.  In addition, even currently unoccupied residential structures need to comply.  Recommendation was to bring this to the attention of Peter Buttkus.   

Rapid-Dialing Systems:  Reference was made to an article in a recent issue of the Boston Sunday Globe’s Globe South section with respect to getting Entergy to fund a system.  
Rep. Tom O’Brien did suggest at a recent meeting in Plymouth that in his opinion a group approach would be more effective than each town asking.  In addition, it is felt that such a system is needed as (a) it would not be appropriate to use the school system’s for some announcements and (b) neither the school system’s nor the Plymouth County systems allow for access to all Duxbury households.  Article #39 on the Annual Town Meeting Warrant does direct the Town to negotiate with Entergy.

Mr. Martecchini moved that Richard MacDonald be appointed to act as our liaison with the Emergency Planning Zone (EPZ) for Pilgrim Power Station.  Second by Mr. Tuffy.  Unanimously approved. Vote (2:0:0).

ANNUAL TOWN MEETING &/OR SPECIAL TOWN MEETING ARTICLES

The Board began by reviewing the Special Town Meeting (STM) Articles they had not already discussed or voted on.

STM – Article 1 / Transfer of funds for FY06
 This article involved 11 separate transfers of funds.  Each was voted on separately as listed below:

STM Article 1 / Motion 1: Current Fiscal Year Transfers Recreation
Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $2,000.00 for pool expenses by transferring the sum of $2,000.00 from pool salaries as voted by the 2005 Annual Town Meeting.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 2: Current Fiscal Year Transfers Town Clerk
Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $600.00 for Town Clerk expenses by transferring the sum of $600.00 from Election Expenses as voted by the 2005 Annual Town Meeting.  Second by Mr. Martecchini.
Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 3: Current Fiscal Year Transfers Selectmen
Discussion:  The need for the $9,000. was due to unexpected expenses for FY05 regarding the Town Manager Search Contract and the associated advertising.  The surplus in the Selectmen salary account was due to temporarily unfilled positions (i.e., Department Secretary and Town Manager).

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $9,000.00 for Selectmen expenses by transferring the sum of $9,000.00 from Selectmen salaries as voted by the 2005 Annual Town Meeting.  Second by Mr. Martecchini.
Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 4: Current Fiscal Year Transfers Legal
Discussion:  Given the number of union contracts under negotiation and the number of outstanding legal issues it is believe this additional funding is needed to avoid a year-end shortfall.

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $30,000.00 for legal expenses by transferring the sum of $30,000.00 from Free Cash.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 5: Current Fiscal Year Transfers Fire - Salaries
Discussion:  The salary shortfall is due to the cost of covering long-term sick leave of Raymond Chandler and the retirement of John Bowser.  

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $40,000.00 for Fire Department salaries by transferring the sum of $40,000.00 from Free Cash.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 6: Current Fiscal Year Transfers Fire - Expenses
Discussion:  Memo from Chief Nord explained the deficiency due to higher electricity costs ($4,000.), increased ambulance billing due to ALS services ($10,000.), anticipated vehicle maintenance ($6,000.) , and unforeseen building maintenance ($6,000) for a total of $26,000.

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $26,000.00 for Fire Department expenses by transferring the sum of $26,000.00 from Free Cash.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 7: Current Fiscal Year Transfers DPW Central Fuel Depot - Expenses
Discussion:  Shortfall is due higher than expected fuel costs.  Proposal is to cover costs with transfers from funds available from Cemetery salary funds through the cutting of overtime, Town Manager/Selectmen’s salaries due to the short-staffing of positions, and from unused Pension Assessment funds.

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $80,000.00 for Central Fuel Depot expenses by transferring the sum of $17,300.00 from Cemetery salaries, $26,685.00 from Pension Assessment expenses, and $36,015.00 from Selectmen/Town Manager Office Salaries.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 8: Current Fiscal Year Transfers DPW – Vehicle Maintenance
Discussion:  Funds are needed due to vehicle maintenance (i.e., transmissions) which could not be delayed.

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $25,000.00 for DPW vehicle by transferring the sum of $25,000.00 from Transfer Station expenses.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 9: Current Fiscal Year Transfers DPW – Sewer Expenses
Discussion:  Shortfall is due to increase in Marshfield water costs.  

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $22,000.00 for DPW sewer expenses by transferring the sum of $22,000.00 from Transfer Station expenses.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 10: Current Fiscal Year Transfers DPW – Cemetery Expenses
Discussion:  Shortfall is due to increased cost of natural gas and needed supplies.

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $30,000.00 for DPW sewer expenses by transferring the following sums from DPW salaries from departments indicated: $700.00 Cemetery, $10,000.00 Transfer Station, $8,000.00 Highway Department, $3,000.00 Vehicle Maintenance, $3,000.00, $2,200.00 Central Building, $1,500.00 Lands & Natural Resources, and $1,600.00 Central Building expenses for a total of $30,000.00.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 1 / Motion 11: Current Fiscal Year Transfers Water Expenses
Discussion:  The transformer at the Evergreen well exploded.  This was not covered by NStar.

Mr. Tuffy moved that the Board of Selectmen support Article 1 regarding the appropriation of $30,000.00 for water expenses by transferring the sum of $30,000.00 from the Water Enterprise Fund Retained Earnings.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 2: Accept Grant Funds for Fish Ladder & Pollution Assessments
Discussion:  There is a possibility that the CPC may ask to indefinitely postponed this article.

Mr. Tuffy moved that the Board support Article 2 for the Town vote to apply for and accept any or all grant funds for the purposes of restoring the fish ladder on Island Creek and for the purposes of performing pollution assessments in the Bay Road area.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.


STM Article 3: Fund Collective Bargaining Agreements
Discussion:   Collective Bargaining Agreements with the Dispatchers and the DPW were recently finalized.  The Agreements incorporate increases from FY05 through FY08.

Mr. Tuffy moved that the Board support Article 3 of the Special Town Meeting to fund the collective bargaining agreements for the Dispatchers and the DPW in the respective amounts of $18,664. from Free Cash and $105,208.00 (of which $84,213.00 is to come from Free Cash and $20,995.00 from transfer from the Water Revenue) for the DPW contract.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 4:  Unpaid Bills
Discussion:  Regarding the electricity costs:  Previously did not have a contract for some town buildings, but now do.
Mr. Tuffy moved that the Board support Article 4 of the Special Town Meeting to appropriate the total of $9,515.22 (of which $860.47 will come from transfers from department operating or expense budgets and $8,654.75 from Free Cash) to pay the following bills from previous fiscal years:

Tracy Chevrolet $     89.05
Jordon Hospital $     87.00
WB Mason                $     21.37
Metromedia Energy       $4,285.55   
Metromedia Energy       $4,369.20
Bay State Gas           $   663.05
TOTAL:          $9,515.22
Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

STM Article 5:  Rescind Debt
Mr. Tuffy moved that the Board support Article 5 of the Special Town Meeting to rescind debt totaling $2,493,400.00 from borrowing appropriations of prior fiscal years.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.


STM Article 6:  Special Act to Establish Finance Position

Mr. Tuffy moved that the Board support Article 6 of the Special Town Meeting as presented regarding the establishment of a Department of Finance.   Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

The Board then voted on the outstanding Annual Town Meeting articles.

ATM Article 5:  Fiscal 2007 Operating Budget

Mr. Tuffy moved that the Board support Article 5 of the Annual Town Meeting Warrant as written to approved the Fiscal 2007 Operating Budget totaling $51,846,163.00.
Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.
ATM Article 6:  Fiscal 2007 Capital Budget

Mr. Tuffy moved that the Board support Article 6 of the Annual Town Meeting Warrant as written to approve the Fiscal 2007 Capital Budget totaling $2,260,191.00.
Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

ATM Article 7:  Personnel Plan and Compensation Schedule
Discussion:  At the Board of Selectmen Meeting on 2-07-06 the Board voted to support this article in the amount of $100,000.  Upon further review it was determined that the correct amount should have been listed as $105,000.

Mr. Tuffy moved that the Board reconsider its vote of February 27, 2006 regarding Article 7 of the Annual Town Meeting. Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.


Mr. Martecchini moved to support Article 7 of the Annual Town Meeting in the amount of  to approved the total amount of $105,000.  Second by Mr. Tuffy.  Motion passed by a vote of 2:0:0.

ATM Article 42:  Funding Stabilization
Discussion:  To be voted on at the Annual Town Meeting.

Mr. Tuffy moved that the Board indefinitely postpone Article 42 of the Annual Town Meeting Warrant as written.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

ATM Article 43:  Free Cash Application
Discussion:  To be voted on at the Annual Town Meeting.

Mr. Tuffy moved that the Board recommend indefinite postponement Article 43 of the Annual Town Meeting Warrant as written.  Second by Mr. Martecchini.  Motion passed by a vote of 2:0:0.

The Board briefly discussed the list of articles and decided which member would be prepared to speak to the merits of each should questions arise at the Annual Town Meeting or Special Town Meeting scheduled to begin on March 11, 2006.

EVENT PERMIT REQUEST:  PMC KIDS POWDER POINT    CHALLENGE
After a brief discussion it was decided that this item should be held over until the next meeting.

Before adjourning the Board did briefly discuss accessibility issues regarding the polling place.  It was agreed that by November 2006 there is a need for a plan to address accessibility concerns as the ramp on the side entrance to the school is not ADA compliant.  For March 2006 there should be signage directing any handicapped voters to enter through the front door.

ADJOURNMENT

Mr. Martecchini moved for adjournment at 6:25 PM.  Second by Mr. Tuffy.  Vote in favor of the motion was (2:0:0).  Meeting Adjourned.


Respectfully submitted,


C. Anne Murray
Dept. Secretary, Town Manager / Board of Selectmen