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11-06-06 Board of Selectmen Minutes
Date:    November 6, 2006

Date Minutes Approved: November 20, 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 Barbara Ripley, Executive Assistant.

The meeting was called to order at 7:30 PM.


OPEN FORUM

No items were discussed.


REQUEST FOR PERMISSION TO USE MILLENIUM TOWN GREEN: Duxbury Rotary Club/ Annual Tree Lighting on November 26, 2006

Although scheduled to appear, no representative from the Rotary Club was present.  Ms. Ripley explained that the tree lighting has become an annual event.  It is supported by the Town’s Public Safety departments.  The Police Department will provide details at no extra charge.  The Inspectional Services Department requires a tent permit.  Our Rules and Regulations for the use of the Town Green require notification via US Mail to all abutters.  Abutters were notified by the Rotary Club, and no objections were received in the Town Manager’s office.

Mr. Tuffy moved that the Board of Selectmen support the application of the Duxbury Rotary Club to conduct their annual tree lighting at the Millennium Town Green on Sunday, November 26, 2006 from 1:00 PM to 7:00 PM, subject to the conditions of the following memoranda:  Duxbury Police Chief (dated 11/2/06), Deputy Fire Chief (dated 10/31/06), and Director of Inspectional Services (dated 10/31/06).  Second by Mr. Martecchini.  Vote:  3:0:0.


MEETING OF WATER & SEWER COMMISSIONERS

Mr. Martecchini moved that the Board of Selectmen convene as Water & Sewer Commissioners.  Second by Mr. Tuffy.  Vote: 3:0:0.

Mr. Martecchini moved that the Board of Selectmen commit the amount of $597,563.40 to the Town Treasurer for collection for water and water-meter services.  Second by Mr. Tuffy.  Vote:  3:0:0.

Mr. Martecchini moved that the Board of Selectmen adjourn their meeting as Water & Sewer Commissioners, and re-convene the Open Session of the Selectmen.  Second by Mr. Tuffy.  Vote:  3:0:0.


SPECIAL TOWN MEETING: SCHOOL DEPARTMENT ARTICLES

Present from the School Administration:
Dr. Eileen Williams, Superintendent
Mr. Mickey McGonagle, School Business Manager

Present from the School Committee:
Mr. George Cipolletti, Chairman
Ms. Anne Ward
Ms. Karen Wong
Mr. John Heinstadt
Mr. John Magnarelli

The School Committee has proposed six FY07 spending items for the Special Town Meeting, outlined here:


Collective Bargaining Agreement:  Teachers
$548,900.00
Collective Bargaining Agreement: Instructional Assistants
 $14,970.00
Collective Bargaining Agreement: Secretaries & Clerks
   $8,100.00
Collective Bargaining Agreement: Custodians
 $19,143.00
School Bus Transportation Shortfall
$126,159.00
School Superintendent Hiring Expenses
 $30,000.00



Mr. McGonagle gave a Power-Point presentation.  Highlights included a history of the FY07 School Budget development from December 2005 to the present, a definition of “extraordinary maintenance” and the discrepancy between the State’s standard of spending vs. our actual budget and expenditures, the genesis of the school transportation shortfall, a history of school budget increases and decreases from FY04 to the present, and a chart showing a 26% increase in school enrollment from 1993 to 2006.  He also commented that the Town of Duxbury spends 7% less per pupil than the State average.

Mr. Martecchini commented that we are in the middle of the FY07 budget.  He asked about the ramifications if Town Meeting does not vote the above supplements.  Mr. Cipolletti answered that no specific cuts have been targeted, but that approximately $400,000.00 in service cuts would have to be made.

Mr. Tuffy said that no one is surprised to see the School Department make the request to fund collective bargaining agreements.  The surprise is in the amount.  There have been an extraordinary number of retirements this year.  Mr. Tuffy felt that a much larger portion of the collective bargaining agreements would be covered by these retirements.  

Mr. Cipolletti and Mr. McGonagle responded that, in initial budget discussions with the Town (December 2005), that the amount of savings from retirements was expected to be in the $185,000 range.  However, in the Spring, it became evident that the savings would amount to an amount closer to $329,000.  Also in the Spring, the School Department learned that there would be a very large shortfall in the school transportation fund.  Mr. Cipoletti felt that it was appropriate to use the unexpected retirement surplus for this unexpected transportation fund shortage.  He said that if parents were expected to cover this shortfall, fees per child would be in the $400.00 range (approx. $180.00 now).

Mr. Tuffy said that he feels more transparency in the school budget process is needed.  Ms. Karen Wong said that budget decisions have been made in public meetings, that Mr. McGonagle’s door is always open to those with questions, and that she is concerned about the implication that the Schools are hiding something.

Ms. Sullivan commented that the retirement savings were somewhat eroded by spending salary money on curriculum development.  She felt that curriculum development positions should not have been added.  Ms. Williams explained that this was done because a certain number of teachers were planning to retire in the Fall of 2006.  She did not want to put them in classrooms, and have the students experience a severe disruption.  Therefore, she placed the retiring teachers in curriculum development positions, which include MCAS tutoring, etc.  She stated that this procedure has been followed by the school administration for many years, due to the undesirability of mid-year teacher changes.

Mr. McGonagle commented that the school has not had a capital budget for the past several years.  Ms. Sullivan countered that this does not mean that the school has not made capital expenditures.  She said that the schools have used the surplus from their operating budget to fund capital expenditures.  She also cited the $42 Million dollar school construction project, recently completed.  Mr. McGonagle commented that $28 Million dollars of that expenditure was covered by the State.

Mr. Tuffy asked about progress with the other line items in the School Department budget.  Mr. McGonagle said that other budget items are on-target, with the exception of vocational education.  A greater than expected number of students have elected to receive vocational education, and this is an added expense for the department.  He added that 80% of the School Department budget goes to salaries, the other 20% for expenses.

Mr. McGonagle also said (and Mr. Cipolletti confirmed) that if the Town supports funding all of the school collective bargaining agreement articles, that the School Committee would withdraw STM articles #2 and #3, because there would be sufficient funds to cover those items.

Motion:  Mr. Martecchini then made a motion to support Special Town Meeting Article #2, Motion #1 which would supplement the School Department FY07 budget by $548,900.00 in order to fund a collective bargaining agreement with the teachers.  Second by Mr. Tuffy.  

Under discussion of the motion, Mr. Martecchini said that he would support the request.  He said that a key factor in his decision is the fact that we spend 7% less per pupil than the State average.  He also said that the community is concerned with improving MCAS scores, and it would send the wrong message to cut back at this point.  

Mr. Tuffy stated that the Town is extraordinarily generous to the schools.  It is the Commonwealth of Massachusetts that has backed away from a commitment to the schools, not the Town.

Ms. Sullivan noted that she was a member of the negotiating team for the teacher contract.  She said that she was very pleased by the outcome of those negotiations, especially with regard to concessions made by the teachers concerning the escalating costs of health insurance.  However, she said that there needs to be more transparency in the School budget process.  She would support an amended motion that reduces the dollar amount of the article in such a way that the large number of retirements are reflected.

Mr. Tuffy then commented that he just realized that he must abstain from voting on this article, because his wife is a teacher in the Duxbury Public Schools.

The vote on the motion was:  1:1:1  (Mr. Martecchini in favor, Ms. Sullivan against, and Mr. Tuffy abstained).

Motion:  Mr. Tuffy moved to support Special Town Meeting Article #2, Motion #2, which would supplement the School Department FY07budget by $14,970.00, in order to fund a collective bargaining agreement with the Instructional Assistants.  Second by Mr. Martecchini.  Vote:  3:0:0.

Motion:  Mr. Tuffy moved to support Special Town Meeting Article #2, Motion #3, which would supplement the School Department FY07budget by $8,100.00, in order to fund a collective bargaining agreement with the School Secretaries and Clerks.  Second by Mr. Martecchini.  Vote:  3:0:0.

Motion:  Mr. Tuffy moved to support Special Town Meeting Article #2, Motion #4, which would supplement the School Department FY07budget by $19,143.00, in order to fund a collective bargaining agreement with the School Custodians.  Second by Mr. Martecchini.  Vote:  3:0:0.

Motion:  Mr. Martecchini moved to support Special Town Meeting Article #3, which would supplement the School Department FY07 budget by $126,159.00 in order to fund an unanticipated shortfall in the School Bus Transportation fund.  Second by Mr. Tuffy.

Under discussion of the motion, Mr. Martecchini said that he would not like to see the School Department raise bus fees.  He said that too many families are struggling to pay the current fees.  However, he said that he would not support the article, because his support of Article #2 included sufficient funds to cover Article #3.  Ms. Sullivan said that she feels that the school bus program should be fee-based.  Vote:  0:3:0.

Motion:  Mr. Martecchini moved to support Special Town Meeting Article #4, which would supplement the School Department FY07 budget by $30,000 in order to fund a search for a new School Superintendent.  Second by Mr. Tuffy.  Mr. Martecchini said that he would not support this article, because his Article #2 contains sufficient funds to cover the superintendent search.  Mr. Tuffy said that the Schools should be able to find $30,000 in a budget of $24 Million in order to fund the search, without supplemental funds.  Vote:  0:3:0.


REQUEST FOR APPROVAL OF A PRESERVATION RESTRICTION FOR THE DREW HOUSE: DUXBURY RURAL& HISTORICAL SOCIETY

Mr. Patrick Browne, Director of the Duxbury Rural & Historical Society (DRHS), was present.  He explained that the DRHS has been looking for a buyer for the Drew House.  They have found a buyer who is agreeable to the placement of a preservation restriction on the property.  This restriction would preserve the view across the property, and the main block of the house.  This preservation restriction must be approved by the Massachusetts Historical Commission and the Duxbury Board of Selectmen.

Ms. Sullivan recused herself from the discussion and vote, because as a banker, she has had conversations with the buyer of this property.

Mr. Tuffy questioned whether there could be any disadvantage to the Town in granting this preservation restriction.  For example, the Town could have an interest in installing sidewalks someday.  Could the Town be prevented from making such changes?  Mr. Martecchini said that the Town and/or the owner can apply to the DRHS for changes to the property.  

Ms. Ripley noted that Town Counsel had acknowledged that the Board of Selectmen’s approval on the preservation restriction is required in order for it to be in effect.  However, he requested an opportunity to review the document as to form, prior to the Selectmen’s approval.  It was agreed that the Board would vote on this item when they convene prior to the Special Town Meeting on November 13.


OPEN WARRANT FOR MARCH 2007 ANNUAL TOWN MEETING

Ms. Sullivan reported that we have had a memorandum from Town Counsel indicating that all Finance and Fiscal Advisory votes on Town Meeting articles should be included when the Town Meeting warrant is published.  She said that Ms. Ripley has devised a new schedule for Town Meeting activities which keeps this goal in mind.  The first “deadline” occurs on December 5, which would be the last day for submission of warrant articles by Department Heads, Citizens, and Town Committees.  Mr. Martecchini said that this deadline may be coming up too soon for effective article development by some committees.  A compromise was reached whereby “final” article language is not required, only language that gives a clear intent of the article.   No “placeholders” will be accepted.  A draft warrant will be prepared from these submissions, and delivered quickly to the Finance and Fiscal Advisory Committees so that they can begin their deliberation process earlier than in previous years.

Ms. Sullivan said that it will be important to communicate the new procedures to the School Department since their budget information traditionally arrives somewhat late in the process.

Mr. Martecchini moved to open the warrant for the 2007 Annual Town Meeting.  Second by Mr. Tuffy.  Vote: 3:0:0.


GIFT ACCEPTANCE

Mr. Tuffy noted that Ms. Ellen Wilson has donated a bench to the North Hill Country Club, in memory of Mr. Edward McCusker, who was a frequent golfer at the club.  He said that it is a wonderful idea which will be appreciated by visitors to the facility.  Mr. Tuffy moved that the Town accept the gift from Ms. Ellen Wilson of a wooden bench to the North Hill Country Club in memory of Mr. Edward McCusker.  Second by Mr. Martecchini.  Vote: 3:0:0.


TOWN MANAGER BRIEF

·       The Town has received a $125,000.00 grant from the Office of Environmental Affairs for stormwater management at Hall’s Corner.  This will involve construction of stormwater management facilities in that area.  The ultimate purpose will be to prevent pollution in Duxbury Bay.  Mr. MacDonald gave credit to Conservation Agent, Joe Grady, for his  diligence in pursuing this grant.

·       The Town has received a $750.00 grant from Sam’s Club for fire prevention education materials in the schools.  Mr. MacDonald gave credit to Deputy Fire Chief William Carrico for his work in acquiring this grant.

·       Permits were issued for $2.1 Million worth of construction last month.

·       Kirsten Piper has been hired as a firefighter/paramedic in the Fire Department.  We welcome her as the first female firefighter in the Town of Duxbury, and also as the most qualified from the pool of applicants for the position.

·       Town Offices will be closed on Friday, November 10 in observance of Veterans’ Day.  The Transfer Station will be closed on Saturday, November 11 in observance of Veterans’ Day.

·       The Board of Selectmen will participate in Veteran’s Day services on November 11 at the American Legion.


VOTE TO ENTER EXECUTIVE SESSION

Ms. Sullivan moved that the Board enter Executive Session in order to discuss collective bargaining agreements, and then re-convene in Open Session for the purpose of adjournment only.  Second by Mr. Martecchini.  Roll Call Vote:  Mr. Martecchini---aye; Mr. Tuffy---aye; Ms. Sullivan---aye.


ADJOURNMENT

At 9:56 PM, having voted during the Executive Session to re-convene in Open Session, Ms. Sullivan next moved to adjourn the Open Session.  Second by Mr. Tuffy.  Vote:  3:0:0.



Respectfully Submitted,
Barbara A. Ripley