Date: January 22, 2007
Date Minutes Approved: February 5, 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
C. Anne Murray, Dept. Secretary- Town Manager/Board of Selectmen.
The meeting was called to order at 7:04 PM. At that time, Ms. Sullivan made a motion to enter Executive Session, for the purpose to consider the taking, purchase, exchange, lease, or value of real property, regarding the Wright Building, in accordance with Massachusetts General Laws, Chapter 39, Section 23B, Subsection 6, and to reconvene in Open Session afterward. Second by Mr. Martecchini. A roll call vote was taken. Ms. Sullivan “aye,” Mr. Martecchini “aye,” and Mr. Tuffy “aye.” VOTE: (3:0:0)
At 7:34 PM having completed the business of the Executive Session, Ms. Sullivan moved that the Board of Selectmen adjourn the Executive Session with the intent to re-convene in Open Session. Second by Mr. Tuffy. Roll call vote: Mr. Tuffy “aye”, Ms. Sullivan “aye” and Mr. Martecchini “aye”. VOTE: (3:0:0)
RECONVENE BOARD OF SELECTMEN MEETING OPEN SESSION
The Open Session meeting was re-convened and called to order at 7:35 PM.
OPEN FORUM
No items were discussed.
ACCEPTANCE OF DONATION TO ANIMAL SHELTER/COUNCIL ON AGING--Esther E. Walker
Ms. Sullivan started the meeting by presiding over a brief ceremony to honor and thank
Mrs. Esther E. Walker for her very generous donations to the Council of Aging to fund a driver for the medical transportation van and to the Animal Shelter for the Police canine’s special vest. Ms. Sullivan read and presented a certificate to Mrs. Walker on behalf of the Board of Selectmen. Then Ms. Joanne Moore, Director, and Ms. Donna Pizura, Assistant Director, of the Duxbury Council on Aging presented Ms. Walker with a gift and flowers.
Ms. Moore read a heartfelt letter of appreciation; not just for Ms. Walker’s financial support but for being such a special person and inspiration to others. Before introducing Officer Ryan Cavicchi and Officer Zar (the police canine) to thank Mrs. Walker, Police Chief Mark DeLuca explained that the Animal Control Officer and the Friends of the Animal Shelter had been doing fundraising for a special vest for Zar. They were only partway to their goal when Mrs. Walker’s donation was made to fund the rest. Mrs. Walker received a well-deserved round of applause punctuated with barks of approval from Zar.
ONE-DAY LIQUOR LICENSE: DUXBURY ART ASSOCIATION
Ms. Mary Beth Browne, Executive Director of the Duxbury Art Association was present to talk about the 33rd Annual Winter Juried Show. The show consists of about 130 pieces. They are requesting the one-day liquor license to serve wine and malt at the Opening Reception on Saturday, February 3, 2007 from 6:00 –9:00 PM at the Art Complex Museum, 189 Alden ST, Duxbury. The event is a fundraiser and tickets cost $25.00. The artists will be on hand. Hors d’oeuvres prepared by The Chef’s Table will be served. An instructor from the South Shore Conservatory will provide piano music. So the community is invited for a “cool night of hot art.”
Ms. Sullivan noted that all the paperwork was in order and no concerns noted. As always, announcement of the fire exits must be made at the beginning of the event.
Mr. Martecchini moved that the Board grant Ms. Mary Beth Browne, as a representative of the Duxbury Art Association, a One-Day Wine & Malt Pouring License to hold a reception at the Art Complex Museum (186 Alden Street Street, Duxbury) on Saturday, February 3, 2007 from 6:00 PM to 9:00 PM subject to the conditions on the departmental memoranda.
EVENT PERMIT: DUXBURY EDUCATION FOUNDATION/Road Race on
May 26, 2007
Ms. Sue Caliendo and M. Lisa Tower were present as representatives of the Duxbury Education Foundation (DEF). Last year the DEF funded more than $65,000. in grants. They requested an Event’s Permit for a Road Race and Kids Fun Run on Saturday, May 26, 2006, beginning and ending at the Chandler School. The Road Race will follow the same course that the Brittany Lambert Memorial Black Cat Classic 5K used successfully for many years.
Ms. Sullivan noted permits must be obtained for any tents or structures and that a copy of the Foundations liability insurance policy, naming the Town of Duxbury as added insured, must be received before the event. Chief DeLuca has offered to provide three officers, free of charge, for this event.
Mr. Tuffy moved that Ms. Sue Caliendo and Ms. Lisa Tower, as representatives of the Duxbury Education Foundation, are granted permission to hold a Road Race and Kids Fun Run on Saturday, May 26, 2007, beginning and ending at the Chandler School, contingent on all appropriate permits being obtained from the Inspectional Services Department for any signs, tents, or structures and a copy of the Foundations liability insurance policy, naming the Town of Duxbury as additional insured being submitted prior to the event. Second by Mr. Martecchini. Vote: 3:0:0.
BUSINESS
TOWN MANAGER’S BRIEF
Mr. MacDonald reported on the following:
Wright Building: He stated the Wright Building renovation is coming along and the opening is anticipated to be during the week of February 1st.
Budgets: Mr. MacDonald mentioned that he is continuing to work with others in preparation of the budget for the Annual Town Meeting on March 10, 2007.
Collective Bargaining Agreements: He said that meetings had been scheduled and progress made regarding the remaining collective bargaining agreements.
TOWN MEETING ARTICLES:
Citizens Petition re Date of Town Election
Mr. Douglas Carver initiated the petition and was present to discuss it with the Selectmen. He explained that the citizen’s petition seeks to change the Annual Town Election from the fourth Saturday in March to the fourth Tuesday in March. His rationale for the change is the hope that by moving it to a weekday it might encourage voter turnout and perhaps have some cost savings.
The Board asked Mr. Carver the following:
Have you talked to other communities, who have elections during the week, for feedback?
Answer: Mr. Carver said he had not.
Have you discussed it with the schools? Answer: Mr. Carver said he had not.
Have you discussed it with the Town Clerk for her input? Answer: Mr. Carver said it was mentioned in passing when he obtained the papers. The Town Clerk did not voice any concerns to him at that time, but they did not get into a discussion about it.
Concerns voiced by the Board of Selectmen:
From a candidate’s perspective: It was noted that it was hard enough to get campaign volunteers to give up a Saturday. Many campaign volunteers are professional people and the change would mean not only are they giving a day but having to lose a work day.
It was suggested that the schools may have a concern with the number of people being at the school building while school is in session.
To accommodate commuters the polls might have to be opened earlier and stay open later. Election workers are paid a straight hourly rate. There is no differential for weekends. So this would likely add to the cost; not save money.
It was doubtful whether the change would spur voter participation, but the Board was willing to hear what the community has to say.
Mr. Tuffy moved that the Board of Selectmen vote to support the Citizen Petition to change the date of Town Elections. Second by Mr. Martecchini. Vote: 0:2:0.
DPW and Water Dept Town Meeting articles
· Accept State Highway Fund Money (Annual)
It is standard practice to include such an article in order to accept Chapter 90 funding from the Commonwealth. The dollar figure mentioned was $325, 000.00, which was based on the Chapter 90 monies allotted for the FY’07. If necessary, any adjustment would be done through another Town Meeting vote.
Mr. Martecchini moved to support the article to raise and appropriate, and/or borrow $325,000.00 in anticipation of receipt of Chapter 90 funds for FY’08. Second by Mr. Tuffy. Vote: 3:0:0.
· Exchange of Land for Water Tower (Annual)
Mr. Daley explained that a land swap of some land under control of the Water Department with some conservation land will enable the Town to leave the existing water tank online while the new water tank is constructed next to it. The land swap will require taking the conservation land out of a conservation restriction, which requires approval at the state level. Board expressed some concerns that this could potentially delay the project and suggested making Duxbury State Representatives and Senator aware of the project to avoid delays. The project is being done to improve water pressure and fire flow pressure to approximately half of Duxbury, specifically residences on the West side.
Mr. Martecchini moved to support the article to authorize the transfer of land located off Franklin Street, (parcel #120c-509-007) approximately 1.65 acres under control of the Water Department, in exchange for approx. 16,150 sq. feet in an area located on Birch Street (a portion of parcel #030-502-051) under the care, custody and control of the Conservation Commission and to authorize the petitioning of the General Court under Article 97 of the Massachusetts Declaration of Rights to permit the Town to make this conveyance.
Second by Mr. Tuffy. Vote: 3:0:0.
· Pump Station at Stagecoach/Surrey Lane (Annual)
Mr. Daley gave a detailed explanation of an alternative arrangement being negotiated which would eliminate the need for a pump station in this area. Given that, it was recommended that the Board indefinitely postpone this article to allow for a less invasive solution.
Mr. Tuffy moved to indefinitely postpone the Annual Town Meeting article, which was requesting funds for the acquiring of property at the intersection of Stagecoach/Surrey Lanes for the purpose of installing an a water pump station. Second by Mr. Martecchini. Vote: 3:0:0 (for indefinite postponement.)
· Damon Wells (Special)
Mr. Daley explained that this project is in the design phase and that he expects to have better cost estimates in a few weeks. Therefore, a vote on this article was put on hold until a better cost estimate is known.
· Seawall Repairs (Special)
Mr. Daley showed slides of two seawall projects for which funding is being requested in a Special Town Meeting (STM) article. These areas were identified as priorities in a recent seawall inventory and assessment. The Town has received a grant from the Commonwealth that would cover 50% of the construction costs. The grant does not include design and permitting costs. The grant also requires the work be completed by June 30, 2006, which is why funding is being requested in the STM.
The details provided were briefly as follows:
Project #1: Ocean RD South. Request in STM is for $56,000. to repair about 50’ of cracking in the back of the seawall.
Project #2: Bay Avenue. Request in STM is for $272,000. to do some seawall repair and mainly to reset the revetment at the bottom of the wall.
In addition, $11,000.00 is being included to cover engineering/permitting costs. So the STM request is for: ($56,000. + $272,000 + $11,000. =) $339,000. TOTAL
This led to a lengthy discussion between the Board of Selectmen, Mr. Troy (Town Counsel), Mr. Mangione (Fiscal Advisory Committee – Chair) and a number of abutters in the audience. The major topics touched on revolved around ownership of the seawalls, easements, and betterments. The abutters were willing and able to provide some documentation, but questions still remained regarding ownership. In addition, engineering design is in process, and Mr. Daley anticipates additional information will be available next week.
Conclusion: It was agreed to put this on the Agenda for next week’s meeting. In the interim, the Board asked that Town Counsel and Mr. Daley (a) review the grant to determine if it contains language to give the impression that the Commonwealth owns the seawall and is authorizing the repair, and (b) then to research the titles for clarification of the ownership issues.
DPW DIRECTOR: FY08 Budget
Mr. Tom Daley, Director of the Department of Public Works (DPW) was present and gave a PowerPoint presentation of the proposed FY ’08 operating budget and capital requests for all the departments within the DPW. The presentation included comparisons between the FY’07 DPW budget and the Proposed DPW FY’08 budget. Mr. Daley explained differentials during the presentation. The salary increases were due to contractual obligations. Mr. Daley included items that were requested but not supported in the FY’08 budget so that the Board would know that these needs do exist and eventually the equipment will need to be replaced.
BUSINESS
Execute Firefighter Contract
Ms. Sullivan mentioned that Agreement between the Town of Duxbury and the Duxbury Permanent Firefighters Association, Local 2167 will be signed at the end of the meeting.
MINUTES
Mr. Martecchini moved that the Board of Selectmen approve, as written, the Minutes of the January 16, 2007 meeting. Second by Mr. Tuffy. Vote: 3:0:0.
APPOINTMENTS/RE-APPOINTMENTS
None.
ANNOUNCEMENT
It has been brought to the Board’s attention that the Duxbury Thrift Shop is in desperate need of volunteers to help or its hours will have to be drastically cut. Please stop by the Duxbury Thrift Shop if you can help.
ADJOURNMENT
Mr. Tuffy moved for adjournment at 10:12 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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