Date: February 5, 2007
Date Minutes Approved:
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Chair, Andre Martecchini, Vice-Chair, and
John Tuffy, Clerk (arrived late).
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 Open Session meeting was convened and called to order at 7:31 PM.
OPEN FORUM
No items were discussed.
EVENT PERMIT REQUEST: BEST BUDDIES RIDE
This is the 8th year for this fundraising event. It is a bicycle ride 90 miles long starting at the JFK Library and finishing at the Kennedy Compound in Hyannis Port to raise money for and awareness of people with intellectual disabilities.
Ms. Sullivan noted that the request has been circulated to the appropriate departments with no objections, but some conditions.
Mr. Martecchini moved that the Board grant to participants in the eighth annual Best Buddies Challenge bicycle ride, permission to travel through Duxbury on Saturday, May 19, 2007 and to use the Duxbury Middle School as a rest stop, contingent on the following:
1. At least three police detail officers are required.
2. Any platforms, staging, or temporary structures must be inspected prior to use.
3. A certificate of liability insurance naming the Town of Duxbury as additional insured must be submitted to the Board of Selectmen’s office prior to the event.
4. A copy of the approved Building Use Form from the Duxbury Public Schools for the event must be submitted to the Board of Selectmen’s office prior to the event.
Second by Ms. Sullivan. Vote: 2:0:0.
As it was too soon to begin the Hearing scheduled for 7:35 PM the Board skipped to approval of Minutes.
MINUTES
There are 3 sets of Minutes for approval.
Mr. Martecchini moved that the Board of Selectmen approve, as written, the Minutes of the Executive Session of January 22, 2007 meeting, and that they remain sealed until the business is concluded. Second by Ms. Sullivan. Vote: 2:0:0.
Mr. Martecchini moved that the Board of Selectmen approve, as written, the Minutes of the January 22, 2007 meeting. Second by Ms. Sullivan. Vote: 2:0:0.
Mr. Martecchini moved that the Board of Selectmen approve, as written, the Minutes of the January 29, 2007 meeting. Second by Ms. Sullivan. Vote: 2:0:0.
7:35 PM AQUACULTURE RENEWAL HEARINGS: SKIP BENNETT and DON MERRY
Present for the Hearings were: Mr. Don Beers, Duxbury Harbormaster; Mr. Al Hoban, Chair of the Shellfish Advisory Committee (SAC); and the applicants, Mr. Donald L. Merry and
Mr. William “Skip” A. Bennett.
Mr. Beers mentioned the renewal hearings were scheduled, advertised, and posted as required. He further explained that both applicants have had the grants for the initial 3 year term or longer and have completed the compulsory 2-year review. Both applicants have requested renewal of their aquaculture grants for a 10-year term. Mr. Hoban, Chair of the Shellfish Advisory Committee, has indicated the SAC is in favor of granting both applicants a 10-year renewal. Mr. Hoban just added that there are performance requirements and the applicants have to make a financial investment in the grant, and both of the applicants have met all the requirements.
Both Mr. Merry and Mr. Bennett indicated that they were satisfied with how their aquaculture grants have been producing. Mr. Bennett also noted that John Brawley had organized some meetings and the process has been very cooperative between the Duxbury Bay Management Committee and the growers.
Mr. Martecchini made a motion to renew the Shellfish Aquaculture License #1050B issued to Mr. Donald L. Merry, for the grant located west of Duck Flat, for a period of ten (10) years. Second by Ms. Sullivan. Vote: 2:0:0.
Mr. Martecchini made a motion to renew the Shellfish Aquaculture License #13 issued to Mr. William A. Bennett, for the grant located on Hunt’s Flat, for a period of ten (10) years. Second by Ms. Sullivan. Vote: 2:0:0.
CONTINUED DISCUSSION OF STM ARTICLE RE: SEAWALLS
Mr. Martecchini explained that the Board asked Town Counsel, Mr. Troy, for a legal opinion as to whether or not the Town could legally institute betterments to the abutters regarding the seawall maintenance. The response the Board has received from Mr. Troy indicates that the way it is currently set up the simple answer is that betterments cannot be instituted. Mr. Martecchini further explained that in 1952 when Town Meeting dealt with seawall maintenance issues the costs were split 25% by the Town, 25% by the County, and 50% by the State and at that time authorization for betterments were granted through a Special Act of the State Legislature. Mr. Troy’s opinion also mentions that through approval of a similar Special Act of the State Legislature there is the possibility of getting authorization for the
institution of betterments.
Mr. Martecchini stated over the weekend he had made a site visit of the seawall areas under discussion. He provided a brief recap by explaining that there are two aspects to this project: One is to repair a small 50’ section in front of homes on Ocean Road South. From his observations, Mr. Martecchini indicated that section is not in very good shape. The second area involves a more extensive section and focuses on resetting the riprap (or what is sometimes called revetment) in front of a 300’ section along Bay Avenue. Mr. Martecchini’s assessment was that the seawall in the second area is in pretty good shape, but having now seen the area he is prepared to support the article in concept, even though some of the details need to be worked out.
For the benefit of the public, Mr. Martecchini, who is an engineer, explained that “riprap” (or “revetment”) refers to the boulders that are placed at the base of the seawall for stability.
Ms. Sullivan stated she always felt that there was a commitment made in the past. If there is a reasonable way to share the expense (with the abutters) she would consider supporting it, but her primary concern was to get the project done and not delay the maintenance of the seawalls. She repeated a point that one of the abutters made during a previous meeting that if a major storm comes and wipes out the (sea)wall, it might be a problem getting FEMA assistance with the damages.
Mr. Martecchini stated he would like the motion regarding this article to have some language included that would allow for betterments, assuming that betterments are authorized by a Special Act of the Legislature, and that by Town Meeting a formula be developed so that the public would have details before voting.
Mr. MacDonald mentioned that the seawalls being discussed were identified as priorities in a recent seawall inventory and assessment.
The Chair took questions / comments from those in attendance. Several of the abutters asked for clarification on the assessment of betterments. The Board responded to their questions by explaining that in considering betterments they have to consider who is going to benefit and must also consider the specific terms at the time. Other situations where betterments have been assessed in Duxbury had to do with sewer/septic systems installed in the Bluefish River and the Snug Harbor areas. The Board made it a point to indicate that any betterment would just be a portion of the Town’s share, and that they would be willing to pursue any and all funding sources, including the County.
At 7:58 PM just prior to voting on this matter Mr. Tuffy arrived. He indicated he was prepared to move forward.
Mr. Martecchini moved that the Board of Selectmen support the seawall article in the Special Town Meeting to convene on March 10, 2007, which seeks $350,000.00, to be offset by a State grant and the ability to request from the State Legislature authorization to implement betterments. Second by Ms. Sullivan. Vote: 3:0:0.
SENIOR TAX RELIEF ARTICLE
Ms. Joanne Moore, Council on Aging Director, and Mr. Dick Finnegan, Deputy Assessor, were at the meeting to present the article and answer questions.
Ms. Moore explained that since 1996 Duxbury has had a program in place that allows older residents to do volunteer work for the Town to reduce their property taxes by $500.00. The program was established as a local initiative and what the Council on Aging is seeking is to support a change from a local option to the State Mandated Option in accordance with Massachusetts General Law (M.G.L.) Chapter 59 section 5K. Ms. Moore noted that Mr. Finnegan, Ms. Conway, Mr. Madden and the Council on Aging are supportive of this change.
A number of questions regarding this were discussed. The conclusion reached was that while in concept the Board is generally favorable there are concerns that by adopting the State Mandated Option there would be a loss of local control. Therefore, the Board postponed voting on this article until the next meeting to allow time for review of the specific language of the applicable M.G.L.
FINANCE ARTICLES
Assessing Dept Contracted Services
Mr. Finnegan explained that this article was the result of a mandate by the Massachusetts Dept. of Revenue (DOR) that all properties with buildings need to be re-inspected during a nine-year cycle which ends on June 30, 2008. There are approximately 3000 out of the Town’s 6500 parcels that would require inspections. Mr. Finnegan explained what is involved and why the request for funding of an outside contractor has been requested. He did note that any increases in assessments from what is currently on the database could be counted as new growth.
Mr. Martecchini moved that the Board of Selectmen vote to support the Assessing Dept. article in the Special Town Meeting to convene March 10, 2007 to authorize $48,000.00 for Contracted Services. Second by Mr. Tuffy. Vote: 3:0:0.
Revolving Funds
The revolving funds article will consist of 3 separate motions. Therefore they were discussed and voted on separately.
A. Council on Aging Revolving Fund
Ms. Moore provided some background history and explained that in 1998 the Annual Town Meeting voted to establish a revolving account to assist the COA in achieving their mission. This year the COA is requesting reauthorization of the revolving account with expenditures not to exceed $70,000.00. The reason for the increase is to cover the expansion of the respite program and the life-long learning program. The COA currently has a long-term College Program taught by retired resident volunteers with a reasonable user fee being put towards building maintenance.
Mr. Tuffy moved that the Board of Selectmen support the article in the Annual Town Meeting in March 2007 which authorizes a revolving fund under M.G.L. Chapter 44, Section 53E ½ for the Council of Aging to be credited with all fees and charges received from the Senior Center Programs and to authorize the expenditure of an amount not to exceed $70,000.00 to be expended under the direction of the Council of Aging Director, for Senior Center programs, functions, supplies and/or instructor fees. Second by Mr. Martecchini. Vote: 3:0:0.
B. GIS Revolving Fund
Mr. Finnegan mentioned that of a $12,800 Grant from Massachusetts GIS approximately $5300.00 has been expended leaving about $7,500.00 in this account. The request is for authorization of a revolving account with expenditures not to exceed $40,000.00 to be used for the maintenance of and upgrades to the GIS program.
Ms. Sullivan commented that establishing the GIS program was a major undertaking, but that she has been very impressed with it and it is an extremely useful tool.
Mr. Martecchini moved that the Board of Selectmen support the article in the Annual Town Meeting in March 2007 which authorizes a revolving fund under M.G.L. Chapter 44, Section 53E ½ to authorize the GIS Revolving Fund to be credited with all fees and charges received from the Geographic Information System (GIS) program and to authorize expenditures from said account not to exceed $40,000.00 to be expended under the direction of the Town Manager for maintenance of and upgrades to the GIS program. Second by Mr. Tuffy. Vote: 3:0:0.
C. Jaycox Tree Farm Revolving Fund
Mr. Madden, the Finance Director, mentioned that during the past year the fund contained $10,000.00 and $9,700.00 was expended for the care and maintenance of the trees and property. The sale of Christmas trees brought in $13,000.00 this December. Therefore, the request is to authorize a revolving account for the Jaycox Tree Farm and, to allow total expenditures not to exceed $15,000.00. This is a 5,000.00 increase the amount allowed for expenditures as the caretakers would like to do some additional maintenance.
Mr. Tuffy moved that the Board of Selectmen support the article in the Annual Town Meeting in March 2007 which authorizes a revolving fund under M.G.L. Chapter 44, Section 53E ½ to authorize the Jaycox Tree Farm Revolving Fund to be credited with all fees and charges received from the Jaycox Tree Farm and to allow for expenditures in an amount not to exceed $15,000.00 to be expended under the direction of the Conservation Administrator for supplies and any needs of the Jaycox Christmas Tree Farm. Second by Mr. Martecchini. Vote: 3:0:0.
Operating & Capital Budgets --Postponed
Discussion of the Operating and Capital Budgets was postponed. In response to a question from the Board, Mr. Frank Mangione, Chair of the Fiscal Advisory Committee, indicated they were waiting for the CPC to take action on the Astroturf issue, for the final dollar amounts on the Tarkiln Building, and for some language clarifications.
PERSONNEL BYLAW
Mr. Paul McDonough, Chair of the Personnel Board, and Ms. Elsie Vuilleimier, Administrative Staff for the Personnel Board, were present to discuss proposed changes to the Personnel Bylaw.
Mr. McDonough explained they are asking the Board to support changes to the Personnel Bylaw to raise, appropriate, or transfer from available funds an amount not to exceed $105,000.00. The funds are to be available for merit increases to staff not covered under union contracts, which includes Department Heads, step increases to non-union employees, and an increase of $3000.00 in funds available for employee Tuition Reimbursement.
Mr. Martecchini moved that the Board of Selectmen vote to support article on the Annual Town Meeting Warrant of March 10, 2007, which seeks to amend the Personnel Plan and Compensation Schedule and to raise and appropriate, or transfer from available funds the amount of $105,000.00 for funding the changes. Second by Mr. Tuffy.
Vote: 3:0:0.
OPEB (Other Post Employment Benefits)
Mr. Madden indicated the Finance Department is requesting $15,000.00 for an actuarial study, which is much more involved than what can be undertaken with our current in-house systems, to determine what the true costs of the Town’s Other Post Employment Benefits (OPEB) are. As of FY’09 it is a requirement of GASB that this be done. This week the Town engaged in discussions with two bond rating agencies and both asked the Town’s status regarding OPEB assessments. Once the initial assessment is made it does require
re-assessment every two years.
Mr. Martecchini asked if there is a mandate to fund the amount once we know it?
Mr. Madden answered not at this time, but that knowing what the true costs are is the first step, and only then can the Town determine a strategy for beginning to reserve funds for it. Mr. Madden did indicate that some communities, such as Wellesley and Lexington have started to fund theirs.
Mr. Tuffy moved that the Board of Selectmen vote to support an actuarial study of the Town’s Other Post Employment Benefits (OPEB) through the article in the March 10, 2007 Special Town Meeting, which authorizes the expenditure of up to $15,000.00. Second by
Mr. Martecchini. Vote: 3:0:0.
BUSINESS
Place Articles in Order for Annual and Special Town Meeting Warrants
Mr. Martecchini moved that the Board open the Annual Town Meeting and Special Town Meeting Warrants for the March, 2007 meetings. Second by Mr. Tuffy. Vote: 3:0:0.
At a previous Board of Selectmen Meeting Mr. Daley had explained that he was working on an alternative arrangement to the Booster Pump Station on Stagecoach Road. The alternative involved obtaining an easement from Mr. Ricker to allow for an underground water main. The alternative arrangement had multiple benefits and Mr. Daley was recommending it in place of the previously submitted article.
Mr. Tuffy moved that the Board delete from the Warrant for the Annual Town Meeting in
March, 2007 the article regarding the Booster Pump Station on Stagecoach Road and insert instead an article which seeks authorization for the Board of Selectmen to negotiate and take by eminent domain a utility easement over the land of Earle B. Ricker. Second by Mr. Martecchini. Vote: 3:0:0.
Following that the Board discussed the order of the articles for the Special Town Meeting and the Annual Town Meeting.
Upon conclusion of the discussion Mr. Martecchini moved that the Board close the Annual Town Meeting and Special Town Meeting Warrants for the March, 2007 meetings. Second by Mr. Tuffy. Vote: 3:0:0.
TOWN MANAGER’S BRIEF
Mr. MacDonald reported on the following items:
1. He announced Mr. Paul Anderson, Water Superintendent, received a $2000.00 grant from MIIA for the purchase of a confined space gas monitoring kit. This will help determine if any space is safe for entry.~ He commended Mr. Anderson for applying for the grant. It is likely that the kit will be kept at the Fire Station but be available for any department to use.
2. January 2007 Estimated Construction Costs were approximately $1.5 million. There were no new homes built, but 28 residential additions accounted for about $1.4 million of that total.
3. Mr. MacDonald was pleased to receive notification from Standard and Poor’s that Duxbury has received a rating of AA+, and acknowledged that this is was in large part due to the efforts of Mr. Madden and the Finance Department team.
4. Chief Nord received a report from FEMA evaluating the Town’s October 25, 2006 Emergency Exercise. The Town was issued one area of correction and that was corrected during the exercise.
APPOINTMENTS/RE-APPOINTMENTS
Ms. Sullivan announced that due to Mr. Tom O’Regan’s resignation from the Board of Health a replacement from the Board of Health needs to be appointed to the Local Housing Partnership. The Board of Health has requested that the Selectmen appoint Mr. Bruce Bygate.
Mr. Martecchini moved that the Board of Selectmen appoint Mr. Bruce Bygate as the Board of Health’s representative to the Local Housing Partnership to fill the unexpired term due to expire on 6/30/08. Second by Mr. Tuffy. Vote: 3:0:0.
Ms. Sullivan also announced that the Personnel Board, which is a Moderator-appointed Board has some changes. Mr. Bornheimer has accepted the resignation of Ms. Rosemarie McGillicuddy, and has named Ms. Jean Riley to fill the vacancy on the Personnel Board.
Mr. MacDonald added Ms. McGillicuddy had to resign as she is moving from Duxbury. The Board of Selectmen thanked Ms. McGillicuddy for her years of service to the Town.
ADJOURNMENT
Mr. Martecchini moved for adjournment at 9:15 PM. Second by Mr. Tuffy. 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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