Date: February 27, 2006
Date Minutes approved: April 10, 2006
BOARD OF SELECTMEN MINUTES
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair and Andre Martecchini, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 6:45 PM.
EXECUTIVE SESSION
Ms. Sullivan moved that the Board go into Executive Session to discuss strategy with respect to collective bargaining, and to consider the purchase, exchange, taking, lease, or value of real property and to reconvene in Open Session in accordance with Massachusetts General Laws Chapter 39, Section 23B, Subsections 3 and 6. Second by Mr. Martecchini.
A roll call vote was taken. Ms. Sullivan – aye; Mr. Martecchini – aye; Mr. Tuffy – aye.
RETURN TO OPEN SESSION
At 7:45 PM, Mr. Martecchini moved to reconvene in an Open Session of the Board of Selectmen. Second by Ms. Sullivan. Roll call vote: Ms. Sullivan – aye; Mr. Martecchini – aye; Mr. Tuffy – aye.
OPEN FORUM
No items were discussed.
STREET ACCEPTANCE HEARING: DEER RUN
The Street Acceptance Hearing for Deer Run was opened at 7:47 PM. Ms. Christine Stickney, Planning Director, was present. She presented Street Acceptance Plans for Deer Run, and stated that the developer had met the Town’s requirements. There were no comments from the Public. At 7:50 PM, Mr. Martecchini moved to close the Street Acceptance Hearing for Deer Run. Second by Ms. Sullivan. Vote: 3:0:0.
Mr. Martecchini moved to support Article 37 of the 2006 Annual Town Meeting which would accept Deer Run as a public way in the Town of Duxbury. Second by Ms. Sullivan. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: M. MCLAUGHLIN FOR HOLY FAMILY CHURCH/ March 11, 2006
Mr. McLaughlin was present.
Mr. Tuffy noted that the application included the required insurance liability information, and that the Police Chief had approved the event. He noted that the Fire Chief approved the event contingent upon having the Master of Ceremonies announce the location of fire exits at the start of the event. He added that the Board of Health requires that the caterer obtain a temporary food caterer’s permit.
Mr. McLaughlin stated that the dinner is being held as a fundraising event to benefit the Families in Crisis Fund, which benefits parish families.
Ms. Sullivan moved to approve a one-day liquor license for Mr. Michael P. McLaughlin to hold a fundraising dinner at Holy Family Parish Center on March 11, 2006 from
7:00 PM to Midnight, subject to the conditions as stated on the following memoranda:
Duxbury Police Chief (dated 2/17/06), Duxbury Fire Chief (dated 2/16/06), Director of Inspectional Services (dated 2/16/06), and Board of Health (dated 2/16/06). Second by Mr. Martecchini. Vote: 3:0:0.
HISTORICAL COMMISSION WARRANT ARTICLES
Several members of the Historical Commission were present.
ATM Article 19: Amend Zoning Bylaw, Section 609.2 Demolition Delay Definitions
Ms. Barbara Kiley said that the purpose of this article is to define “substantial” as it refers to demolition.
Mr. Martecchini moved to support Article 19 of the 2006 Annual Town Meeting Warrant as written. Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article 20: Amend Zoning Bylaw, Section 609.3 Demolition Delay Procedures
Mr. Norman Tucker said that the Planning Board and Finance Committee have voted to support this article, which would extend the Demolition Delay period from six months to twelve months.
Ms. Sullivan moved to support Article 20 of the 2006 Annual Town Meeting Warrant as written. Second by Mr. Martecchini.
Discussion of the Motion: Ms. Sullivan said that we have timelines that we hold the Inspectional Services department and Historical Commission to. She said that six months should be enough time to work with a homeowner regarding alternatives to demolition. Mr. Martecchini disagreed, stating that projects for saving historical properties are time-consuming. For example, it takes a long time to arrange to have a house moved. Mr. Tony Kelso, 1 Elder Brewster Road, concurred with this. He said that he tried to move a house a very short distance. Utilities present the biggest obstacle. It can take much longer than six months to get the utility companies to schedule the removal of power lines for safe transportation of a house.
Mr. Tucker reported the following statistics: Since 1999, when the Demolition Delay Bylaw went into effect, eighty-six homes were referred to the Historical Commission for review. Demolition delays were imposed on three homes. None were successfully “saved”. All three homes were demolished. He said that a longer demolition delay could help increase the chances of saving historic structures.
Mr. Tuffy stated his opinion that six months provides enough of a burden on the homeowner. Vote on the Motion: 1:2:0.
GOVERNMENT STUDY COMMITTEE ARTICLES
Present from the Government Study Committee were: Mr. Ted Flynn (Chair), Mr. Friend Weiler, Mr. Bill O’Toole, Mr. Joe Lewis, and Ms. Elizabeth Sullivan (Selectmen delegate).
STM Article #6: Special Act to Establish Finance Department
Mr. Flynn said that other Towns with similar-sized budgets have established Finance Departments. The reason for establishing this department through a Special Legislative Act is to memorialize the structure. Mr. Martecchini said that he supports the establishment of a Finance Department, because the Town is a growing entity. We need to build the structure that will take us to the next level. Mr. Tuffy noted that it would be possible for Town Meeting to fail STM Article #6, and to pass STM Article #7 (Establish Director of Finance Position). Ms. Sullivan said that this is a necessary next step that we owe to the Town. It is expensive to live here, and citizens deserve to have strong financial direction for Town operations.
Mr. Tuffy agreed that the extra help is needed. However, he said that he struggles with the notion of memorializing the structure through a Special Act. If the Town tries this for a few years, and then decides to abandon it, an appeal to the State legislature would be required. We normally chaff at being so closely managed by the State. Mr. Flynn noted that the Town could leave the Finance Department in place, but choose not to fund the Director of Finance position.
Ms. Sullivan moved to support Special Town Meeting Article #6 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
STM Article #7: Establish Director of Finance Position
Ms. Sullivan moved to support Special Town Meeting Article #7 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
STM Article #8: Revised Charge for Water Advisory Committee
Mr. Flynn stated that the major impact of this proposed article would be to direct the committee to act as water and sewer commissioners.
Ms. Sullivan moved to recommend approval of Special Town Meeting Article #8 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #13: Revised Charge for Personnel Board
Mr. Flynn said that the purpose of this article is to make it clear that the Personnel Board is an advisory board, not a board which acts in an operational capacity. It was more appropriate for the Personnel Board to act in an operational capacity before the Town Manager Act was adopted in Duxbury. Mr. Tuffy asked about the Personnel’s position on this article. Mr. Flynn said that a joint meeting between the Government Study Committee and the Personnel Board is scheduled for March 7. Mr. Tuffy said that he is inclined to support the article, but would appreciate having the opportunity to reconsider his position if the Personnel Board presents opposition. Ms. Sullivan moved to support Annual Town Meeting article #13 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #14: Revised Charge for Fiscal Advisory Committee
Mr. O’Toole (liaison from the Fiscal Advisory Committee to the Government Study Committee) said that the goal of this article is to redirect the activities of the Committee. The Fiscal Advisory Committee should be concerned with the long-term picture. Current year finances should be left to the Finance Committee. Ms. Sullivan moved to approve Annual Town Meeting article #14 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #15: Date of Annual Town Meeting & Elections
Mr. Flynn said that the existing Town Meeting schedule requires departments to begin their budget process eleven months prior to the fiscal year. Department heads have not seen enough of the current year to know what their needs will be for the following cycle. In addition, State budget figures are not available early enough in the budgeting process. Mr. Flynn said that a study of Town Meeting attendance shows that the date of the meeting does not determine attendance. It is the nature of the issues on the agenda that determine attendance. After discussion, Ms. Sullivan moved to approve Annual Town Meeting Article #15 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #16: Modification of Appointing Authority for Town Boards
After discussion, Ms. Sullivan moved to approve Annual Town Meeting Article #16 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
COMMUNITY PRESERVATION COMMITTEE: FINANCES, EXECUTION OF PURCHASE AND SALE AGREEMENTS, AND TOWN MEETING ARTICLES
Present were:
Holly Morris, CPC Chair
Joe Grady, Conservation Administrator
Pat Loring & Tony Kelso, CPC members
Beth Conway, Treasurer
John Madden, Accountant
Finances
Ms. Morris stated that the Town’s new accountant, Mr. Madden has given much-needed assistance to the CPC in understanding their financial standing. The amount of money in the Community Housing, Historic Preservation, and Open Space portions of the Town’s CPA funds was discussed. Tax recapitulation and estimated receipts were addressed.
Purchase & Sale Agreements
Ms. Morris reported that the CPC was successful in negotiating Purchase and Sale agreements for 3 bog properties, under terms discussed with the Board of Selectmen in Executive Session on November 21, 2005.
1) Mr. Martecchini moved to execute a Purchase and Sale agreement with Mr. Loring J. Nudd for parcel 100-901-037, in the amount of $200,000. Second by Ms. Sullivan. Vote: 3:0:0.
2) Mr. Martecchini moved to execute a Purchase and Sale agreement for parcel
100-901-038 with Mr. Edgar W. Loring, in the amount of $160,000. Second by Ms. Sullivan. Vote: 3:0:0.
3) Mr. Martecchini moved to execute a Purchase and Sale agreement for parcel
140-055-000 and parcel 140-054-000 with Mr. Edgar W. Loring, in the amount of $102,000. Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article #22: CPC Operating Budget
Ms. Sullivan moved to approve Annual Town Meeting Article #22 as presented, in the amount of $80,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #23: CPC 10% Allocations
Mr. Martecchini moved to approve Annual Town Meeting Article #23 as presented, in the amount of $611,532. Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article #24: Island Creek Fish Ladder
Ms. Sullivan moved to approve Annual Town Meeting Article #24 as presented, in the amount of $35,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #25: Alden House Preservation
Ms. Sullivan moved to approve Annual Town Meeting Article #24 as presented, in the amount of $30,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #26: Transfer of Funds for Congress Street Property
Mr. Grady noted that the CPC may recommend indefinite postponement of this article. The Board of Selectmen postponed their vote on this article.
ATM Article #27: Land Acquisition, Mayflower Street
Mr. Grady explained that the total cost of this article would be $281,000, including stewardship and other expenses. Ms. Sullivan moved to approve Annual Town Meeting Article #27 as presented, in the amount of $281,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #28: Land Acquisition, East Street
Mr. Grady explained that the total cost of this article would be $237,000, including stewardship and other expenses. Ms. Sullivan moved to approve Annual Town Meeting Article #28 as presented, in the amount of $237,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #29: CPC Unused Funds
Mr. Grady explained that $618.00 of the money originally allocated for the Swanson property purchase was unused, and $382.00 of the money originally allocated for the Town Green purchase was unused. Ms. Sullivan moved to approve Annual Town Meeting Article #29 as presented, in the amount of $1,000.00. Second by Mr. Martecchini. Vote: 3:0:0.
NUCLEAR ADVISORY COMMITTEE TOWN MEETING ARTICLES
Ms. Mary Lampert (Chair) and Ms. Becky Chin, of the Nuclear Advisory Committee, were present.
ATM Article #38: Rapid Dialing Telephone System
Ms. Lampert provided cost estimates for a rapid dialing telephone system. These range from $16,588.62 to $83,183.62. She said that the NAC intends to determine which system best meets our needs and to apply for grants to fund the bulk of the purchase. In addition, Ms. Lampert noted the Finance Committee suggestion of transferring $3,000 from Article 25 (Purchase Protective Gear) of the 2005 Annual Town Meeting. The money was unused because a grant covered the cost. Mr. Martecchini moved to support Article #38 of the Annual Town Meeting as follows: “To see if the Town will accept grant monies, or transfer from money appropriated in 2005 for masks and protective gear, to implement a computerized rapid dialing telephone calling system that can be used by all Town departments to notify the public
and/or personnel in a timely manner.” Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article #40: Evacuation Planning
Ms. Sullivan moved to support Annual Town Meeting Article #40 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
Mr. Martecchini noted that there will be an informal meeting for concerned citizens, next week at Mary Lampert’s house, to discuss the renewal application for the Pilgrim nuclear power plant.
ATM Article #37: Street Acceptance
Ms. Sullivan moved to support Annual Town Meeting Article #37 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #1: Appointment of Officers
Mr. Martecchini moved to support Annual Town Meeting Article #1 as presented. Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article #2: Reports of Officers & Committees
Mr. Tuffy moved to support Annual Town Meeting Article #2 as presented. Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article #3: Compensation of Elected Officials
Ms. Sullivan moved to support Annual Town Meeting Article #3 as presented, in the amount of $72,040. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #4: Acceptance of State Highway Funds
Ms. Sullivan moved to support Annual Town Meeting Article #4 as presented. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #7: Personnel Plan and Compensation Schedule
Ms. Sullivan moved to support Annual Town Meeting Article #7 as presented, in the amount of $100,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #8: Union Contracts
Mr. Martecchini moved to recommend Indefinite Postponement of Annual Town Meeting Article #8. Second by Ms. Sullivan. Vote: 3:0:0.
ATM Article #9: Duxbury Beach Lease
Ms. Sullivan moved to support Annual Town Meeting Article #9 as presented, in the amount of $400,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #10: Senior Tax Relief Program
Ms. Sullivan moved to support Annual Town Meeting Article #10 as presented, in the amount of $2,500. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #12: Council on Aging Revolving Fund
Mr. Martecchini moved to support Annual Town Meeting Article #12 as presented, in an amount not to exceed $50,000. Second by Ms. Sullivan. Vote: 3:0:0.
STM Article #9: Senior Center Parking Lot
Mr. Tuffy moved to recommend Indefinite Postponement of Special Town Meeting Article #9. Second by Mr. Martecchini. Vote: 3:0:0.
TOWN MANAGER BRIEF
· The Health Agent and Fire Chief are working on a plan to maximize protection of the Town in the event of a potential bird flu pandemic.
· Deputy Chief John Bowser will retire from the Town of Duxbury on March 3, 2006, after working for six years as a Duxbury Police Officer, and for thirty-two years as a Duxbury Firefighter.
· Interviews for the position of Director of Inspectional Services have been completed. An appointment to the position will be made very soon.
MINUTES
Ms. Sullivan moved to accept the minutes of February 6, 2006 as written. Second by Mr. Martecchini. Vote: 3:0:0.
Ms. Sullivan moved to accept the minutes of February 13, 2006 as written. Second by Mr. Martecchini. Vote: 3:0:0.
EXECUTION OF LABOR AGREEMENTS (DISPATCHERS)
Ms. Sullivan moved to execute the Settlement Agreement by and between the Town of Duxbury and the Duxbury Police Dispatcher’s Union, AFSCME, Council 93, for the period of July 1, 2004 through June 30, 2005 (retroactive). Second by Mr. Martecchini. Vote: 3:0:0.
Ms. Sullivan moved to execute the Settlement Agreement by and between the Town of Duxbury and the Duxbury Police Dispatcher’s Union, AFSCME, Council 93, for the period of July 1, 2005 through June 30, 2008 (partially retroactive). Second by Mr. Martecchini. Vote: 3:0:0.
COMMITTEE APPOINTMENTS
Mr. Tuffy moved to appoint Mr. James P. Bunnell to complete an unexpired term on the North Hill Advisory Committee, such term to conclude on 6/30/06. Second by Ms. Sullivan. Vote: 3:0:0.
Mr. Tuffy moved to appoint Mr. John J. Geary to complete an unexpired term on the North Hill Advisory Committee, such term to conclude on 6/30/08. Second by Ms. Sullivan. Vote: 3:0:0.
BONUS SHELLFISH SEASON
Mr. Don Beers, Duxbury Harbormaster, has requested that a Bonus Shellfish Season be declared for the month of March, due to abundant shellfish resources in the Town of Duxbury. Mr. Martecchini moved that the Town declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams, for the commercial harvesting of quahog clams, and for the recreational harvesting of soft-shelled clams for the month of March 2006; all subject to the conditions described in the memorandum from the Duxbury Harbormaster dated February 27, 2006. Second by Ms. Sullivan. Vote: 3:0:0.
ADJOURNMENT
Ms. Sullivan moved to adjourn the meeting at 10:07 PM. Second by Mr. Martecchini. Vote: 3:0:0.
Respectfully Submitted,
Barbara A. Ripley
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