Date: October 30, 2006
Date Minutes Approved: November 6, 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
REMOVAL OF VINYL-LINED ASBESTOS CEMENT (VLAC) PIPES TO REDUCE/ELIMINATE TETRACHLOROETHYLINE (PCE) FROM WATER SYSTEM
Ms. Georgeann Blatterman, Ms. Mary Leach, and Ms. Becky Chin presented a letter and a fact sheet about PCE to the Board. They explained that an Ad Hoc Committee on Water Quality was established in 1996 and at the Special Town Meeting 1997 the body voted to support the Committee’s recommendation for replacement of the VLAC pipes in Duxbury as studies have shown links to increased risks for health issues, such as liver disease and cancer. While commending the efforts of the Water Dept. and the DPW, they asked the Board to increase the budget for replacement of VLAC pipes so that the reduction/ elimination of PCE can be accomplished in a more realistic timeframe than the current funding level will allow.
The Board appreciated their concerns and will give this their consideration.
FEE HEARING: GIS SERVICES, CEMETERY/CREMATORY DEPTS
At 7:45 PM the Board opened the Fee Hearing. Ms. Sullivan noted that this had been posted and published as required. She explained that the fee hearings for the Animal Shelter and the residents served by the Marshfield Sewer Treatment Plant have been postponed.
GIS SERVICES: Mr. Dick Finnegan, Deputy Assessor, and Ms. Christine Stickney, Planning Director, were present to explain the recommendations to the Board.
GIS stands for Geographic Information Systems and refers to the mapping system which is now available 24 hrs./7 days a week for residents to access via the town website: www.town.duxbury.ma.us (presently located under “Town Departments” and then “GIS”).
For basic citizen needs it is a free public service.
The fees that are being recommended are for more extensive requests from both the private sector and public utilities. The recommendations are in line with what other communities are charging for these services. Both the GIS Committee and the Fiscal Advisory Committee are recommending fees be established for the following:
A CD containing the Town’s GIS database: For requests for the “generic data base,” the recommendation is for Applied Geographic, the Town’s GIS Consultant to create a standard format CD annually and that the fee for a copy of the CD be set at $100.00.
Specialized GIS Products: Recommendation for more specialized requests is that the work be outsourced to the Town’s GIS Consultant, currently Applied Geographic, and the fee be the actual cost of what the GIS Consultant charges the Town plus a handling fee of 10%.
Ms. Sullivan suggested that whatever special requests are made be kept in a library for future reference.
Mrs. Ruth Rowley, while not opposing the fees, raised some questions as to whether depositing them in the GIS Revolving Account was appropriate. The Board responded by explaining there had been considerable discussion about this last spring prior to the establishment of the GIS Revolving Fund.
Mr. Martecchini moved that the Board of Selectmen approve a fee of $100.00 for a CD containing the GIS database, as well as a fee for specialized services, which would be the actual cost for preparation of specialized GIS products plus a 10% handling fee. Second by Mr. Tuffy. Vote: 3:0:0.
CEMETERY/CREMATORY FEES: Ms. Bev Johnson, Chair of the Cemetery Trustees, and Ms. Patricia Pappas were in attendance to present the recommendations to the Board. Mr. Frank Mangione, Chair of the Fiscal Advisory Board was also present.
Ms. Johnson stated that the Board of Trustees did vote to recommend the proposed fee increases given the increases in burial costs. A handout showing the existing charges and proposed increases was provided to the Board. Ms. Pappas explained that most of the increases were needed because of the increased costs of materials and labor.
Mrs. Ruth Rowley commented that unlike for-profit cemeteries we don’t really want the Mayflower Cemetery to make money. She questioned whether this should be an enterprise fund. In response it was pointed out that the charges are significantly below for-profit facilities and also that the costs have not included indirect costs such as liability insurance, the time and costs for the Treasurer’s staff, etc. Mr. Mangione also pointed out that you should consider that there two separate items to be considered: Interment costs and Perpetual Care costs.
Mr. Tuffy moved the Board endorse the proposed fees recommended by the Board of Cemetery Trustees and the Fiscal Advisory Committee as presented in the handout. Second by Mr. Martecchini. Vote: 3:0:0.
SPECIAL TOWN MEETING ARTICLES
ASSESSING DEPT. ARTICLES
Mr. Finnegan, Deputy Assessor, and Ms. Beth Conway, Treasurer, were in attendance to present the assessing articles and to answer any questions.
ARTICLE #10 (Senior Tax Deferrals) – There currently exists a program that allows eligible seniors to defer property taxes until they die or the property is sold. In doing so, a property lien is registered when the senior signs the Deferral and Recovery Agreement. Many eligible seniors have not been taking advantage of it because the interest rate charged on the deferred taxes is currently 8%, which is higher than what one could earn if the funds were deposited. Supporting this article would reduce the interest rate for FY’07 to 4%.
The Board discussed the pros and cons of supporting the article. It was noted the proposed rate is in line with other communities and rate could be adjusted in the future with Town Meeting approval. The Board charged the Assessor and Treasurer with watching interest trends and making recommendations for adjustments as appropriate.
Mr. Martecchini moved that the Board vote to support Article 10 of the Special Town Meeting (Fall 2006) regarding Senior Tax Deferral. Second by Mr. Tuffy. Vote: 3:0:0.
ARTICLE #11 (Renewal of Intermunicipal Agreement for Assessing Software)
Mr. Finnegan explained that supporting this article would renew an agreement voted in 1997 Annual Town Meeting, which enables the Assessing Dept. to be licensed to use up-to-date assessing software for which the annual fee is $1,600. This is a very cost-effective tool.
Mr. Tuffy moved that Board support Article #11 of the Special Town Meeting (Fall 2006), which allows the Town enter into an intermunicipal joint purchasing agreement pursuant to M.G.L. Chapter 30, Section 4A for the provision of technology solutions and related consulting and support services with the Community Software Consortium, preserving the rights and privileges established in prior agreement(s), for a duration of no more than 25 years, with the annual cost of this agreement to be paid from the Assessing Department’s expense appropriations, or take any action in relation thereto. Second by Mr. Martecchini. Vote: 3:0:0.
ARTICLE #12 (Preserving Tax Exempt Status for American Legion)
Mr. Finnegan explained that supporting this article would put the Town in compliance with M.G.L. Chap. 59, Sect. 5, Clause 5B, so that the American Legion would have the opportunity to preserve its tax exempt status for an assessed value up to $700,000.
The Board asked several questions to clarify their understanding before proceeding to a vote.
Mr. Martecchini moved that the Board vote to support Article 12 of the Special Town Meeting (Fall 2006), which addresses preserving the tax-exempt status of the American Legion. Second by Mr. Tuffy. Vote: 3:0:0.
Article #9 (Wright Building Easement)
Mr. MacDonald explained that as part of the Wright Building renovations a transformer was placed on Town property. Temporary permission was granted with the understanding an article would be inserted at the next Town Meeting.
Mr. Martecchini moved that the Board vote to support Article 9 of the Special Town Meeting (Fall 2006) regarding the granting of an easement to NStar for a transformer at the Wright Building. Second by Mr. Tuffy. Vote: 3:0:0.
Collective Bargaining Agreements: Library and Police
Chief Mark DeLuca, Duxbury Police Chief, was present to answer any questions regarding the Police agreement. Ms. Elaine Winquist, the Library Director, was present to answer any questions regarding the library agreement.
Mr. MacDonald said that collective bargaining agreements have been reached with both the Police Union and the Library Union. The Police agreement calls for a 2.5% increase retroactive to 7/1/06, which translates to $50,000.00 for FY’07. The Library agreement calls for 2.0% for the first 6 months retroactive to 7/01/06 and a 1.0% increase for the second 6 months (1/01/07 -6/30/06), which translates to $13,800.00 for FY’07.
Ms. Sullivan mentioned that both unions have agreed to higher co-payments and to a three-tier prescription agreement to help control health insurance costs.
Article 1: Motion 1 (Police)
Mr. Tuffy moved that the Board of Selectmen support Article 1 of the Special Town Meeting (Fall 2006) asking Town Meeting to raise and appropriate or transfer from available funds $50,000.00 for the purpose of funding the collective bargaining agreement with the Duxbury Police Union for FY’06. Second by Mr. Martecchini. Vote: 3:0:0.
Article 1: Motion 2 (Library)
Mr. Tuffy moved that the Board of Selectmen support Article 1 of the Special Town Meeting (Fall 2006) asking Town Meeting to raise and appropriate or transfer from available funds $13,800.00 for the purpose of funding the collective bargaining agreement with the SEIU Local 888 (Library Employees)for FY’06. Second by Mr. Martecchini. Vote: 3:0:0.
PRESENTATION BY PILGRIM WATCH/ MARY LAMPERT
Ms. Sullivan explained that last week Ms. Lampert came to Open Forum regarding this matter and the Board asked her to come back this week as a scheduled agenda item after they had a chance to review the information. She noted that Chief Nord provided a memo to the Board in support of having the Town of Duxbury request to participate in re-licensing of the Pilgrim Nuclear Power Station. Chief Nord does question whether there are costs involved as there is no funding available to send anyone to the proceedings.
Ms. Lampert explained that filing a request to participate allows the Town to keep its options open as an independent entity. Her concerns focused on contention 1 regarding the inspection of underground leaks and contention 3 regarding severe accident mitigation analysis. Ms. Lampert provided to the Board a summary of the concerns with both contentions and briefly went over them.
Mr. Martecchini moved that the Town of Duxbury, with the Town Manager and/or his designee acting on our behalf, file a request to participate in the hearings for both Contentions 1 and 3 as noted in Mrs. (Mary) “Pixie” Lampert’s memo of October 20, 2006.
Second by Mr. Tuffy. Vote: 3:0:0.
BUSINESS
Town Manager’s Brief
1. Verizon Fiber Optics – Mr. MacDonald reported that he met with Verizon Representatives a few weeks ago and was informed at the time that Duxbury is on a fast track for the installation of fiber optic cable. At that time Verizon indicated that they would be trimming trees and installing cable shortly. He reported that today he received a call and was told by a Verizon representative that “their business plan for Duxbury is on hold.” Mr. MacDonald has notified Mr. Fitzpatrick of the conversation. The Verizon representative did indicate an update will be provided to Mr. MacDonald and the Cable Commission shortly.
2. OKM Associates – The Town Meeting approved funding for a Housing Consultant. Mr. MacDonald announced that OKM Associates of Boston had been chosen and he anticipates signing a contract with them shortly. OKM Associates were chosen after going through the RFP Process and an interview process that included representatives from both the housing committee (Local Housing Partnership) and the Planning Board. Four bids were received and OKM Associates was the clear choice by the committee.
3. Senior Center – The Town Manager said the Town is grading the new parking lot expansion and hopes to put down the binder coat next week. If all goes according to plan the guard rails and additional lighting will be installed the following week.
4. Powder Point Bridge –Mr. MacDonald stated that engineering plans are complete. Two pilings must be shored up, which will bring the weight capacity back from the existing 2-tons to an 8-ton capacity. Town meeting did appropriate the funds. Mr. Daley, DPW Director, has been working on the bid process. The Board was assured by the Town Manager that he would keep them apprised.
5. The Weekend’s Weather – Mr. MacDonald mentioned that this past weekend’s severe winds and rain did cause some problems in Duxbury. There were some power outages, trees down, wires down, and boats loose in the harbor. A downed wire resulted in igniting a gas line fire on Rte. 53, but fortunately it was contained. Mr. MacDonald commended the Fire, Police, Harbormaster, and DPW departments for their efforts.
Mr. Martecchini was happy to report that Heritage Lane did not experience any outages.
6. Halloween – Mr. MacDonald reminded everyone that tomorrow night is Halloween and to please drive carefully as there will be many trick or treaters out.
Bonus Shellfish Season for November
Mr. Tuffy moved to declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of November, per the regulations described in the Duxbury Harbormaster’s memorandum of October 26, 2006 (Attachments B & C); and to declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of October, per the regulations described in the aforementioned memorandum (Attachments A & C), and to declare a temporary Bonus Shellfish Season for the recreational harvesting of softshell clams for the month of November, per the regulations described in the aforementioned memorandum (Attachment D). Second by Mr. Martecchini. Vote: 3:0:0.
MINUTES
Open Session of October 23, 2006
Mr. Martecchin moved that the Selectmen accept the Minutes of October 23, 2006 as presented. Second by Mr. Tuffy. Vote: 3:0:0.
Executive Session of October 23, 2006
Mr. Martecchini moved that the Selectmen accept, as presented, the Minutes of the Executive Session of October 23, 2006, with the contents to be released at the conclusion of the business. Second by Mr. Tuffy. Vote: 3:0:0.
APPOINTMENTS/RE-APPOINTMENTS – No appointments/re-appointments made.
ADJOURNMENT
Mr. Tuffy moved for adjournment at 9:05 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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