Date: September 25, 2006
Date Minutes Approved: October 10, 2006
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Chair; Andre Martecchini, Vice-Chair, and John Tuffy, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; and C. Anne Murray, Dept. Secretary- Town Manager/Board of Selectmen.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
EVENT PERMIT: HAYRIDE/ P. Thomas
Ms. Murray explained the requester was out of state and not able to be present tonight, but noted the request was circulated to appropriate departments and no objections were noted.
Mr. Tuffy in reviewing the materials provided noted the organizers indicated they have run similar events for the last 12 years, and that they have hired two police officers. He also noted that Ms. Ripley had looked into the matter of insurance and the Town would be covered without additional expense.
Ms. Sullivan also noted Fred Nava would be driving the trailer.
Mr. Tuffy moved that the Board of Selectmen grant to Ms. Patty Thomas permission to conduct a portion of a planned hayride over Marshall Street on Saturday, October 21, 2006 from 6:00pm to 8:30 pm. Second by Mr. Martecchini. Vote: (3:0:0).
As the first appointment was not until 7:45 PM the Board moved ahead to the Town Manager’s Brief and to discuss the revised Cemetery Rules and Regulations.
TOWN MANAGER BRIEF
A. Recount: There will be a re-count of the Republican primary votes from precincts 1 and 6 regarding the State Representatives position. Ms. Murray advised that the Town Clerk has scheduled the recount for Saturday, September 30th, 2006.
B. 3A Roadwork Update:
Today and tomorrow they will be leveling the course of 3A from exit 10 up to Rte. 14, and it should be completed tomorrow. Next week they will be completing driveways. In two weeks, weather permitting, they expect to be doing the line striping. If they can get to it they may be doing some drainage work on Careswell ST, but it is possible that this might need to be postponed until the spring.
CEMETERY RULES & REGULATIONS
Mr. Martecchini mentioned that the Cemetery Rules and Regulations were discussed at the Board of Selectmen’s Meeting on September 18, 2006. A revised copy incorporating comments made at that time was included in the Selectmen’s packet. Mr. Martecchini said he presumed the Cemetery Rules and Regulations apply to all town-owned cemeteries in Duxbury. Mr. MacDonald confirmed this. Mr. Martecchini explained he asked the question because there are a few occasions in the draft where grammatical corrections are needed for consistency. The Board then discussed a couple of issues/concerns raised by Mr. Martecchini but in each case there was language in the draft that addressed them.
Mr. Martecchini moved that Board of Selectmen accepted the Cemetery Rules and Regulations circulated in the draft version of August 20, 2006, subject to revision of grammar and spelling. Second by Mr. Tuffy.
Vote: (3:0:0).
MINUTES
Mr. Martecchini moved that the Board accept the Minutes of September 11, 2006 as written. Second by Mr. Tuffy. Vote: 2:0:0. Mr. Tuffy abstained as he was not present at that meeting.
Mr. Tuffy moved that the Board accept the Minutes of September 18, 2006 as written. Second by Mr. Martecchini. Vote: 3:0:0.
AQUACULTURE GRANT RENEWAL - LOUIS STRONG/ DON BEERS
Present were:
Mr. Louis Strong, applicant
Mr. PersonNameDon Beers, Harbormaster
Mr. Al Hoban, Chair of the Shellfish Advisory Committee (SAC)
Mr. Beers said that the Shellfish Advisory Committee (SAC) met regarding Mr. Strong’s renewal application and recommends favorable action by the Board of Selectmen to renew the lease for a term not to exceed ten years as allowed by law.
Mr. Strong said that the SAC met in 2005 for a two-year review. He has now operated for three years, and the oysters have been doing well. They are now self-propagating.
Mr. Martecchini mentioned that the regulations require the applicant spend a certain amount of funds and asked if Mr. Strong had met that requirement. Mr. Beers said he had. Mr. Martecchini complimented Mr. Strong on the thoroughness of his application.
Mr. Martecchini made a motion to renew the Shellfish Aquaculture License #3334-2 issued to Mr. Louis Strong, for the grant located 0.3 n.m. west of Duck Flat, for a period of ten years to. Second by Mr. Tuffy. Vote: (3:0).
SIDEWALKS & BIKE PATHS COMMITTEE/ JEFF LEWIS
Mr. Jeff Lewis, Chair of the Sidewalks & Bike Path Committee, was present to address the Board. Mr. John Taft and Ms. Nancy Johnson, members of the Committee were also present.
Mr. Lewis told the Board that his Committee is suggesting a shared-use path be built on the East side of 3A from Chestnut ST to Depot ST. If built the path would connect with an existing sidewalk from Chestnut ST to Hall’s Corner. It would also help to connect the east and west sides of Town. The abutters have all been notified and 10 out of 11 are supportive. The eleventh is the Duxbury Rural & Historical Society, which needs to have a meeting of their Board before commenting, but they don’t anticipate any objection.
Mr. Lewis is requesting 3 things of the Board:
1. Approval to submit a grant application for $40,000. to provide engineering design, a topographical survey, and contract documents. The grant would require an approx. $18,000. in-kind services match. The grant is due in early October with notification expected for Spring, 2007.
2. A letter from the Town Manager or DPW Director to ask Mass Highways-District V to meet with Mr. Lewis and representatives from his Committee.
3. Support for an article at the Annual PlaceTypeTown Meeting in March ’07. The article would not be appropriating funds, but more a sense of approval from the citizens before moving forward.
Mr. Martecchini stated he initially had thought it would make more sense for the path to be on the west side of 3A, i.e., same side as Town Hall. This opened a discussion as to the reasons why the west side was not recommended. The major ones involved the 30’ buffer requirement, with review through the Mass Highway’s TIF process. On the west side 3-4’ ran into private property. Also, the Cemetery Trustees were not in favor of it regarding the section that runs through the cemetery.
Mr. Mangione asked if the shared-use path would have granite curbing. ANS. No.
Mr. Tuffy moved that the Board give approval for submission of the grant application through the Town for design of a shared-use path on the eastside of Rte. 3A from Chestnut ST to Depot ST, and further to authorize Richard MacDonald, Town Manager, to sign the application on behalf of the Board of Selectmen. Second by Mr. Martecchini. Vote: (3:0:0).
BUSINESS
Ms. Sullivan stated the Board had received a list of approximately 20 articles for inclusion in the Special Town Meeting (STM) Warrant. The STM is scheduled to begin on November 13, 2006, and given the time needed for preparation and publication the Board needs to close the STM Warrant tonight. Before closing the Warrant an overview of the articles received was given (Note: Numbering and order is tentative at this time.)
I Fund Collective Bargaining Agreements
Mr. MacDonald explained tentative Agreements have been reached with the Police and Library Unions, and those will have to be approved by Town Meeting for funding. The Schools have also recently requested to be on the warrant. They intend to request funding for Agreements with the Teachers, Teachers’ Aides, School Secretaries, and potentially the Custodians. Mr. McCarthy, Chair of the Finance Committee, is aware of this as well. He has not received the figures yet. We have also requested from the schools information regarding the retirees and the replacements to review how one would offset the other, but the requested information has not been provided yet.
II Fund Actuarial Study of Other Post Employ. Benefits
This article is to address a requirement of GASB 45. While it technically could wait until Annual Town Meeting the Finance Director and Treasurer are trying to be proactive in initiating it now.
III Transfer of Retirees to Medicare Extension Plans
This article was something tabled from ATM ’06 in the spring with clear intentions
that it would be re-visited at a fall STM. A letter has been sent to retirees and an
informational session has been scheduled for October 4th at the Senior Center.
IV Unpaid Bills
This article addresses bills that for legitimate reasons could not be paid during FY’06.
V Grant Easement to NSTAR for Transformer at Wright Building
In working on the Wright Place it was learned that the transformer needs to be moved and in order to do so an easement needs to be granted, which requires a Town Meeting approval.
VI Facility Study for Fire Dept
Presentation was recently made to the Board of Selectmen explaining the concerns
regarding the current Fire Station. Request is for $30,000. to fund a study to answer
what we can or can’t do with the current facility and for an independent assessment
of the condition of the building.
VII Animal Control Revolving Fund for Medical Expenses for Adopted Animals
This article seeks to set up a revolving fund of up to $10,000. so the money received
for adopted animals, spaying and neutering, etc. can be set aside to be used for the
medical expenses of animals at the shelter.
VIII Senior Tax Deferrals
Seniors who fall within certain income guidelines may request tax deferrals.
IX Renewal of Intermunicipal Agreement for Assessing Software
Assessing Department will be providing details in upcoming meeting.
X Preserving Tax Exempt Status for American Legion
Assessing Department will be providing details in upcoming meeting.
XI CPC: Fund Plans and Specifications for Tarkiln Building
The CPC will not enter this article as it needs additional time to review it.
XII Fund Acquisition of Grange Property
There are four articles regarding various aspects having to do with the Grange. This
article seeks $50,000. in funds to purchase the Grange. [Editorial Note: It was
subsequently learned the correct amount is $60,000. of which $50,000. would be for
the purchase and $10,000. for legal fees and surveying costs.]
XIII Authorize use of Grange Building for Affordable Housing
This article is with regard to using the Grange for Affordable Housing.
XIV Authorize Use of "Fire Station" Adjacent to Grange Building for Affordable Housing
This article is with respect to use of the "Fire Station" Adjacent to Grange Building
for Affordable Housing.
XV Authorize BOS to Issue RFP for Rehab Work at Grange Property
This article is to allow the rehabilitation of both properties at the Grange to be bid as a whole.
XVI Appropriate a sum of money as the State's share of Chapter 90 (Highway) work
This article is seeking $152,730.00 for supplemental Chapter 90 funds.
XVII Reallocation of funding sources for CPC Open Space purchase
The Finance Director will explain but it appears that this article addresses a
“housekeeping” / bookkeeping issue.
XVIII School Superintendent Hiring Expenses
The School Committee is requesting $30,000. to fund a search for a new superintendent. It was noted that this was significantly more than the funding expended in the Town Manager search.
IX Fund School Transportation Program
This article was placed on the warrant at the request of the School Committee. They
have indicated $126,159.00 is needed to offset a shortfall in the school
transportation fund. This will be explained at an upcoming meeting.
XX Pay Remaining Balance on Note for Animal Shelter Construction
The Finance Department requested this article. There is a $7,000. balance on
the Animal Shelter, and they feel that it would be fiscally sound to pay this off
from available funds versus a long-term bond.
Mr. Tuffy moved that the Board of Selectmen close the Warrant accepting the articles indicated on the List of Articles: Draft dated 9-25-06. Second by Mr. Martecchini. Vote: (3:0:0).
APPOINTMENTS/RE-APPOINTMENTS
Ms. Sullivan mentioned that the Board has no appointments or re-appointments to be made this evening.
For the benefit of the media, Ms. Sullivan announced that scheduling conflicts will present a quorum problem so there will be no Board of Selectmen meeting on Monday, October 2, 2006. She will review the agenda items and make a determination whether to schedule a meeting on Tuesday, October 3rd. Notification will be sent to the media when a decision is made.
ADJOURNMENT
Mr. Tuffy moved for adjournment at 8:29 PM. Second by Mr. Martecchini. Vote in favor of the motion was (3:0:0). Meeting Adjourned.
Respectfully submitted,
C. Anne Murray
Dept. Secretary, Town Manager / Board of Selectmen
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