Date: Tuesday, March 6, 2007
Date Minutes Approved: March 19, 2007
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; John Madden, Finance Director; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
EVENT PERMIT REQUEST: KIDS PAN-MASS POWDER POINT CHALLENGE ON
JUNE 16, 2007
Mr. Sam Butcher was present to request permission for the event. He noted that this would be the third consecutive year for the event in Duxbury. In 2005, 500 riders aged 4-14 raised $36,000. In 2006, 740 riders raised $70,000. This year, the goal is to have 750 riders raise over $70,000.
There will be two routes. The "Trike Ride" will start in front of the high school, proceed to the track (where younger riders will circle several times) and then return to the start/finish in front of the high school. The "Primary Route" riders will ride on the streets of Powder Point.
St. George Street will be closed during the ride. Vehicular traffic will be significantly restricted for approximately two hours during the ride. Road closures will be completed at the direction of the Duxbury Police Department. As in the past, the Police Department will issue its own press release regarding the closures, and will contact all affected residents using the Reverse 911 telephone system.
Conflicts with the use of high school fields by Duxbury Youth Lacrosse and Duxbury Youth Softball Association have been resolved.
The entire event will be cleaned up and packed away by Noon. The raindate is June 17, although logistical concerns make it extremely likely that the event will be run on June 16 --rain or shine.
Mr. Martecchini moved that the Board of Selectmen grant permission for the Kids PMC Powder Point Challenge Committee to hold the third annual Kids PMC Ride in Duxbury on Saturday, June 16, 2007 (raindate: June 17, 2007) per the conditions as listed on the Event Permit.
Second by Mr. Tuffy. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: MARGARET KEARNEY FOR DUXBURY BEACH RESERVATION, INC./ BOOK-SIGNING PARTY AT THE DUXBURY SENIOR CENTER ON
MAY 6, 2007
Ms. Margaret Kearney noted that the Duxbury Beach Reservation is very pleased about the upcoming release of their book about Duxbury Beach. There will be marketing events soon, which will inform the public on how to reserve advance copies, etc. People placing advance orders will be invited to pick up their books at the book-signing party, where wine and beer will be served.
Mr. Martecchini moved that the Board of Selectmen grant a One-Day Wine & Malt License to Ms. Margaret Kearney, as a representative of the Duxbury Beach Reservation, Inc., to hold a book signing party at the Duxbury Senior Center on May 6, 2007, from 4:00 PM to 6:00 PM, subject to the conditions listed on the License.
Second by Mr. Tuffy. Vote: 3:0:0.
EVENT PERMIT REQUEST: PATRICIA THOMPSON FOR BAY FARM MONTESSORI ACADEMY/ FUN WALK-RUN ON APRIL 29, 2007
Ms. Patricia Thompson, Mr. Johannes Kite-Powell (6th grader), and Mr. Ben Vandewater (6th grader) were present to describe their event. The 5K Walk/Run/Fun Road Race begins at 9:30 AM on April 29, and helps to finance class trips. A similar event was held in the Fall of 2005.
Mr. Martecchini moved that the Board of Selectmen grant permission to Ms. Patricia Thompson, as a representative of Bay Farm Montessori Academy to hold a 5K Walk/Run/Fun Road Race on Sunday, April 29, 2007, beginning and ending at the Bay Farm Montessori School, subject to the conditions as listed on the Event Permit.
Second by Mr. Tuffy. Vote: 3:0:0.
NATIONAL HISTORIC LANDMARK NOMINATION FOR THE JOHN AND PRISCILLA ALDEN FAMILY SITES
Ms. Ripley noted that the Alden House did not receive National Historic Landmark designation in April of 2006. Additional information was requested, and has now been provided. The application will be considered again next month. A new letter of endorsement is needed from the Board.
Mr. Martecchini moved that the Board of Selectmen re-endorse the nomination of the John and Priscilla Alden House as a National Historic Landmark. Second by Mr. Tuffy. Vote: 3:0:0.
LETTER TO THE NUCLEAR REGULATORY COMMISSION (NRC) REGARDING SPENT FUEL
Ms. Mary Lampert, Chairman of the Duxbury Nuclear Advisory Committee was present. Mr. Martecchini explained that the Massachusetts Attorney General has petitioned the NRC
for rule-making authority with respect to spent fuel. He moved that the Board of Selectmen endorse the Attorney General's petition which states that the NRC should:
(a) Consider new and significant information showing that the NRC's characterization of the environmental impacts of spent fuel storage as insignificant in the License Renewal GEIS is incorrect;
(b) Revoke the regulations which codify this incorrect conclusion and excuse consideration of spent fuel storage impacts in NEPA decision-making documents;
(c) Issue a generic determination that the environmental impacts of high-density pool storage of spent fuel are significant; and
(d) Order that any NRC licensing decision that approves high-density pool storage of spent fuel at a nuclear power plant or any other facility must be accompanied by an EIS that addresses (i) the environmental impacts of high-density pool storage of spent fuel at that nuclear plant and (ii) a reasonable array of alternatives for avoiding or mitigating those impacts.
Second by Mr. Tuffy. Vote: 3:0:0.
DISCUSSION OF REMAINING TOWN MEETING ARTICLES
Special Town Meeting (STM) Article #1 (Departmental Transfers):
Motion One: Seeks to transfer $17,000 from Pool Salaries to Pool Expenses. Mr. Madden explained that the pool entryway project was an unanticipated project which cost more than $16,000 to complete. Money was available from salaries due to the replacement of more senior level staff by new hires, and by the time when one of those positions was unfilled. Mr. Tuffy moved to support STM Article #1, Motion #1. Vote: 3:0:0.
Motion Two: Seeks to transfer $15,000 from Vehicle Maintenance Salaries to Vehicle Maintenance Expenses. Mr. Madden explained that the DPW Director estimates that $80,000 will be needed to finish out the fiscal year for Vehicle Maintenance Expenses. Only $69,000 was allocated by the 2006 Annual Town Meeting. Extra money is available from salaries due to the long-term absence of an employee (due to illness). Mr. Tuffy moved to support STM Article #1, Motion #2. Vote: 3:0:0.
Motion Three: Seeks to transfer $7,500 from Highway Salaries to Cemetery Salaries. Mr. Madden explained that there has been a significant increase in volume at the crematory, requiring a large amount of overtime. The Highway Salaries budget has extra funds because Mr. Sines left the Highway Department and began working at the Transfer Station.
Mr. Tuffy moved to support STM Article #1, Motion #3. Second by Mr. Martecchini. Vote: 3:0:0.
Motion Four: Seeks to transfer $15,000 from Transfer Station expenses to Cemetery Expenses. Mr. Madden explained that the increased volume at the crematory has led to a large increase in gas consumption. There is money available from Transfer Station expenses because of the amount of money saved by volume reductions in Construction & Debris (C&D) disposal. (The volume reductions are the result of new fees for this service.) Mr. Tuffy moved to support STM Article #1, Motion #4. Second by Mr. Martecchini. Vote: 3:0:0.
Motion Five: Seeks to transfer $30,000 from Transfer Station Expenses to Transfer Station Salaries. Mr. Madden explained that there has been some necessary overtime at the Transfer Station, due to the retirement of one employee and the injury of another. Again, the money available from Transfer Station expenses is due to the volume reductions in C&D disposal. Mr. Tuffy moved to support STM Article #1, Motion #5. Second by Mr. Martecchini. Vote: 3:0:0.
STM Article #4 (Collective Bargaining Agreements): Mr. MacDonald explained that agreement will not be reached with the clerical union in time for the Town Meeting. Mr. Tuffy moved to recommend indefinite postponement of STM Article #4. Second by Mr. Martecchini. Vote: 3:0:0.
STM Article #6 (Damon Wells): Mr. MacDonald explained that the estimates for construction of the Damon Wells came in at a much higher rate than expected. This project will be re-evaluated. Mr. Tuffy moved to recommend indefinite postponement of STM Article #6. Second by Mr. Martecchini. Vote: 3:0:0.
Annual Town Meeting (ATM) Article #8 (Collective Bargaining Agreements): Again, Mr. MacDonald explained that no contracts have been settled. Mr. Tuffy moved to recommend indefinite postponement of STM Article #8. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #16 (Community Preservation Committee (CPC)—Synthetic Athletic Fields): Ms. Sullivan explained that the CPC has changed the amount they are willing to support from $670,000 to $500,000. Therefore, the Selectmen need to vote as to whether they will support the new amount. Mr. Tuffy moved that the Board of Selectmen support ATM Article #16 in the amount of $500,000. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #18 (CPC—Transfer to Water Enterprise Fund): Mr. Madden explained that the amount of money for this article has just been established at $5,000. This article relates to the Special Town Meeting of 2002, and completes the work approved at that time. Mr. Tuffy moved to support ATM Article #18. Second by Mr. Martecchini. Vote: 3:0:0.
ATM Article #29 (Planned Developments): Ms. Sullivan noted that Town Counsel had been asked to opine on whether this proposal conflicts with Massachusetts General Law. An opinion was received earlier today that it does not conflict. Ms. Sullivan suggested that the Board take extra time to review the opinion, and that the Board postpone their vote. By consensus, it was decided to vote on this article immediately prior to Town Meeting.
ATM Article #42 (Free Cash Application): Mr. Tuffy noted that it would be impossible to vote on this article prior to Town Meeting, because the amount of Free Cash available to apply for the reduction of the tax rate can change during the course of Town Meeting.
TOWN MANAGER BRIEF
· Mr. MacDonald will attend a meeting at the State House on March 15, 2007 regarding the Boston Logan Airport Noise Study.
· Duxbury has been recognized as one of only 41 communities in the Commonwealth that posts essential documents on its website. There will be a ceremony at the State House on March 15, 2007 to recognize those communities. Mary Beth MacQuarrie will represent Duxbury.
· Construction in Duxbury has slowed down considerably. February's dollar figure for new construction was under one million dollars.
SIGNATURE FILE
Ms. Sullivan noted that, at the conclusion of the meeting, the following documents would be signed by the Board of Selectmen:
1) A deed conveying Parcel A of the so-called, "Delano Property", from the Town of Duxbury to the Town of Duxbury Water Department, for water supply use. This conveyance was authorized by Article 1 of the Special Town Meeting of June 17, 2002.
2) Letter to the Nuclear Regulatory Commission, as described above.
3) Letter to the National Registry of Historic Landmarks, as described above.
4) Re-execute a preservation restriction on the Drew House. This was originally executed by the Board in November 2006, in preparation for the sale of the property. However, the sale fell through. Now, there are new buyers, and a new preservation restriction is required.
MINUTES
Mr. Martecchini moved to accept the minutes of February 26, 2007 as written. Second by Mr. Tuffy. Vote: 3:0:0.
COMMITTEE APPOINTMENT
Board of Health: Ms. Sullivan moved to appoint Ms. Karen Tepper to fill an unexpired term on the Board of Health, such term to expire on June 30, 2009. Second by Mr. Martecchini. Vote: 3:0:0.
ANNOUNCEMENT
The Board welcomed Ms. Kristen Walsh, who will replace Ms. Karen Goulart as the Patriot Ledger Reporter covering Duxbury.
ADJOURNMENT
Mr. Martecchini moved to adjourn the meeting at 8:05 PM. Second by Mr. Tuffy. Vote: 3:0:0.
Respectfully Submitted,
Barbara Ripley
Executive Assistant
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