Date: July 23, 2007
Date Minutes Approved: August 6, 2007
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; Jon Witten, Vice-Chair, and Elizabeth Sullivan, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; and
C. Anne Murray, Dept. Secretary
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were brought forward by the audience.
Mr. Martecchini said the Board has received 3 requests for one-day liquor licenses and introduced Mr. “Jack” (John A.) Hamilton, of the Friends of the Council on Aging (COA), who was present to discuss the requests with the Board.
ONE-DAY LIQUOR LICENSE REQUEST: JACK HAMILTON FOR COUNCIL ON AGING /
JAZZ CONCERT ON 8-16-07
Mr. Hamilton mentioned that the Friends of the Council on Aging try to offer programs of community interest. The request is for a Wine & Malt License for refreshments to be sold at a reception prior to the John Jarvis Jazz Concert. The event will run from 5:30 – 8:30 PM and approximately 100 attendees are expected.
Mr. Martecchini noted the request had been circulated to the appropriate departments. The Police Department had no concerns. The Fire Department issued their standard condition that at the start of the event the fire exits be pointed out. Inspectional Services required that the standard Board of Health permits and sign permits be obtained, but otherwise had no concerns. The Board of Health had no concerns as appropriate documents were provided.
Ms. Sullivan moved that the Board of Selectmen grant to Mr. John A. Hamilton, as a representative of the Friends of the Duxbury Council on Aging, a One-Day Wine & Malt License to hold a Jazz Concert at the Duxbury Senior Center on August 16, 2007 from 5:30 PM to
8:30 PM, subject to the previously stated conditions. Second by Mr. Witten. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: JACK HAMILTON FOR COUNCIL ON AGING / FASHION SHOW ON 9-9-07
Mr. Hamilton indicated that the second event is a fashion show to be put on by Coldwater Creek with Duxbury seniors and others volunteering as the models. The Fashion Show is on September 17, 2007 from 5:00 PM – 8:30 PM. It will start with a reception, followed by a dinner, and topped off with the fashion show. The request to the Selectmen is for a Wine and Malt license for this event which should be a great evening.
Mr. Martecchini noted that the event information had been circulated with no concerns received but the standard departmental conditions indicated.
Ms. Sullivan moved that the Board of Selectmen grant to Mr. John A. Hamilton, as a representative of the Friends of the Duxbury Council on Aging, is granted a One-Day Wine & Malt License to hold a Fashion Show at the Duxbury Senior Center on September 9, 2007 from 5:00 PM to 8:30 PM, subject to the following conditions:
1. That at the start of the event, the Master of Ceremonies, or some other person responsible for the event, explain to the participants where the fire exits are for the room that the function is being held in;
2. That the caterer provide a menu to the Board of Health prior to the event; and
3. That any signs be permitted by the Building Department.
Second by Mr. Witten. Vote: 3:0:0.
ONE-DAY LIQUOR LICENSE REQUEST: JACK HAMILTON FOR COUNCIL ON AGING /
GOLF BANQUET ON 9-17-07
Mr. Hamilton mentioned that the Board of Selectmen had previously approved a similar request, but unfortunately the event got rained out. The Selectmen reviewed this as a new request. The event will consist of a golf tournament from 11 AM – 6 PM with lunch provided at the course. Following a great day of golf, there will be a reception, dinner catered by Elm Street Catering, and both a silent and live auction. This event is open to golfers and non-golfers. Tickets for the full-day, which include green fees, cart, lunch, reception and prizes, are $150.00. For the non-golfers tickets for the receptions only are $25.00. For further info inquire at the Senior Center or see posters with telephone numbers for details.
Mr. Martecchini noted that the event information had been circulated with no concerns received but the standard departmental conditions indicated.
Ms. Sullivan moved that the Board of Selectmen grant to Mr. John A. Hamilton, as a representative of the Friends of the Duxbury Council on Aging, a One-Day Wine & Malt License to hold a Golf Tournament Reception at the Duxbury Senior Center on September 17, 2007 from 5:00 PM to 9:00 PM, subject to the following conditions:
1. That at the start of the event, the Master of Ceremonies, or some other person responsible for the event, explain to the participants where the fire exits are for the room that the function is being held in;
2. That Elm Street Catering provide the following to the Duxbury Board of Health prior to the event: a Temporary Food Caterer's permit application, a dinner menu, and a copy of the permit issued by the Board of Health in the city/town in which they have their base of operation;
3. That any signs be permitted by the Building Department; and
4. That proof of Liquor Liability Insurance held by the Council on Aging, and naming the Town of Duxbury as additional insured for the event, is provided to the Selectmen's office prior to the event.
Second by Mr. Witten. Vote: 3:0:0.
POLE HEARING (CONTINUED FROM JULY 9): ELM STREET
The following were present for this agenda item: Mr. George Wadsworth; an abutter at 115 Elm ST; Mr. Steven Sullivan, the individual whose property will be serviced by the pole; Mr. Tom Daley, Duxbury DPW Director, and a representative from Verizon.
This was continued because some issues were raised regarding the placement of the pole and which property it would be on. The situation is that the deed from circa 1763 references monuments that are no longer there, such as saplings. Mr. Daley’s opinion was that if the Board of Selectmen is comfortable with the siting of the pole to approve the request because if it is not on Town land, then it would be a private matter between the owner and the utilities to resolve.
Mr. George Wadsworth, who had originally raised the concern, indicated that he does not have an issue with the siting of the pole. He did provide the Board with a copy of the original deed and agrees with Mr. Daley that it is impossible to know which parcel it is on as the monuments used no longer exist.
Mr. Steven Sullivan also has no issue with the siting of the pole. He believes the pole will be off his property, but even if it were not that to service it the utility would realistically have to access it from the roadway.
Mr. Witten moved that the Board approve the placement of Pole P17/23 on Elm Street, subject to the condition that the new pole not be located any closer than 2’ (two feet) from the back of the berm or edge of the asphalt, whichever is farther. Second by Ms. Sullivan. Vote: 3:0:0.
LOCAL HOUSING PARTNERSHIP: LINCOLN STREET PROPERTY RFP
Ms. Diane Bartlett and Mr. Bill Campbell, Chair and Member of the Local Housing Partnership (LHP), were present for discussion of this agenda item.
Ms. Bartlett had provided the Selectmen with a memorandum of recommended Criteria for RFP for Lincoln Street dated June 18, 2007. To begin the discussion Ms. Bartlett read some of the criteria:
Property Price: Purchase price and terms to be proposed by the developer. The compensating advantage to the Town in the sale or leasing of the land, i.e., walking trail, gift of a house to rehab, building additional affordable housing elsewhere in town, or any of the developer’s own creative ideas, will be given a higher rating in our consideration.
Density: Maximum of 20 units (per Town Meeting Vote)
Conservation Restriction: 30% coverage dwellings and roads with 70% conservation land
Unit Mix: Minimum of 35% Below Market units (<80% area median income) Those applicants responding with the most units for incomes less than 80% of median income will be given a higher rating in our consideration. Maximize the number of units for Moderate Income Households (80% -120% of area median income). Those applicants responding with the most units for incomes between 80% -120% of median income will be given a higher rating in our consideration.
Mr. Bartlett commented that in their discussions the LHP purposefully made the Property Price a broad statement so that the developers might respond with some creative offers. In addition, at a recent workshop organized by CHAPA (Citizens’ Housing and Planning Association) it was suggested not only to address the 80% income for affordable units, but to also include Moderate Household Income (80% -120% Moderate Income Households) to address the need for housing stock for Seniors who are trying to downsize and for starter homes for young people to buy.
An extensive discussion followed. Some of the key points made were the following:
Mr. Witten questioned whether the LHP had considered limiting the request for proposals to non-profit organizations instead of for-profit. Answer: No, the LHP decided to leave it open to all groups to broaden the possible responses. As a follow-up to that Mr. Witten opined that he believes that a for-profit developer would be likely to maximize the number of units versus a non-profit organization. Mr. Witten indicated he is for less density and is more inclined to support a project that offers the fewest number of units possible to serve the goal of affordable needs versus a developer putting in a dense project and pocketing the profit.
Ms. Sullivan expressed her concern that in a time when the Town might be looking at an override she has a great deal of difficulty with balancing an override on one hand with the handing over of valuable assets with nothing back into the Town coffers on the other. To illustrate Ms. Sullivan suggested that if you used $300,000. as the market value for comparable lot times 20 lots then the value of the property equals $6,000,000.
Ms. Bartlett questioned whether the Town has to give the land away or whether a “ground lease” (i.e., the Town maintains the title but gives a 99-year lease) might be an option.
It was also pointed out that building units for the less than 80% median income (or approximately $68,000. or less) that you run into problems with individuals affording the mortgage, but not necessarily the costs to maintain the house.
Mr. Martecchini brought up the concern with getting credit for the affordable units, which may include not just an income qualification but also an asset basis. For example, some Seniors who might qualify regarding the income, but in the process of trying to downsize are selling houses, which leave them with substantial assets.
Briefly touched on was the background to this discussion. The Lincoln Street property in question was originally land that was bought for a “future school use and/or any other town use.” Ultimately, by an Annual Town Meeting vote in 1988 the land was turned over for “the construction of affordable housing market rate housing, a density not to exceed a total of 20 (twenty) dwelling units…” There was a planned project for development back then, but due to the market at the time the deal did not go forward.
Ultimately there was consensus that more discussion is needed. Mr. Martecchini mentioned that there is a meeting on September 13, 2007 at 7:30 PM in the Ellison Center regarding Island Creek. Representatives from all the various land use Boards will be convened at that time.
Mr. Martecchini suggested that the Lincoln Street project be added to the agenda at that meeting and there was general agreement that it made sense to do so.
MEETING OF THE WATER & SEWER COMMISSIONERS/ DISCUSSION OF HOUSE BILL 833 (AMENDMENTS TO WATER MANAGEMENT ACT)
The portion of the meeting was posted for the Water and Sewer Commissioners to convene, but after some discussion the Board of Selectmen decided to continue and hear this agenda item as the Board of Selectmen and not to convene as Water & Sewer Commissioners.
Present for the discussion were Mr. George Wadsworth, Chair of the Water and Sewer Advisory Board, Mr. Tom Daley, Director of Duxbury DPW and Mr. Paul Anderson, Duxbury Water Superintendent.
Mr. Wadsworth began the discussion by stating that House Bill 833 continues the attack on water utilities to limit withdrawls without having done the analysis to support the need for such limits.
Mr. Martecchini explained for the benefit of the public that House Bill 833 would change the Water Management Act (MGL 21G) to include streamflow standards and a related change to the definition of safe yield.
Some of the points made during the discussion:
· The effect is that it will limit water utilities water withdrawal without having done any of the analysis regarding geology or
considering water that flows back into the system.
· Duxbury currently draws 90 gal./day/person. System is in its 5-year review and there is some concern that rate might be
reduced to 80/gal/person. This legislation could potentially reduce that even further.
· Sustainability: Several comments were made that it is part of the process of getting a new well online that the engineers
consider the sustainability of the water source.
· On the face the language appears to be progressive and (environmentally) protectionist. This is not necessarily a bad thing, but
the concern is to just support it on that basis does not make sense without having a full analysis.
· Concern is that this law is looking at a localized problem some communities are having and trying to institute statewide
regulations to deal with them.
· Water is an enterprise fund in Duxbury. If revenue is decreased because of limits on the amount that can be sold, then the
rates will have to go up.
· It was suggested that more people will put in private wells if they are limited to what they can use from the municipal system.
This would in turn reduce revenue and not serve to limit water withdrawals.
· Overall an opinion was that it might not be a bad piece of legislation but the Massachusetts Water Works is using this as an
opportunity to look at past legislation, which should be looked at.
After considerable discussion the Selectman decided not to take a position at this time.
BUSINESS
BONUS SHELLFISH SEASON
Mr. Martecchini noted that since the Board will not be meeting next week a memorandum was received from Don Beers, Harbormaster/ Shellfish Constable, for a Bonus Shellfish Season in August.
Ms. Sullivan moved due to abundant shellfish resources, the Board of Selectmen approve a temporary Bonus Shellfish Season:
1. For the commercial harvesting of softshell clams for the month of August. Regulations as attached. (Please see Attachment B & C)
2. For the commercial harvesting of quahog clams for the month of August. Regulations as attached. (Please see Attachment A & C)
Second by Mr. Witten. Vote: 3:0:0.
TOWN MANAGER’S BRIEF
Mr. MacDonald commented on the following items tonight:
1. Massachusetts Sustainable Community Forestry Award: Mr. MacDonald announced that Mr. Peter Buttkus, Director of Lands and Natural Resources, accepted on behalf of the Town of Duxbury a Massachusetts Sustainable Community Forestry Award recognizing the Town of Duxbury for its exemplary commitment to community forestry. The award was presented by the Department of Conservation and Recreation (DCR).
2. Mosquito Spraying: Mr. MacDonald said that we have started spraying Town-owned fields and playgrounds once a week. He noted that it is not EEE season yet, but monitoring is being done. In response to a question about locations of the spraying Mr. MacDonald listed the locations which include the following: Tarkiln Field (Summer ST), Keene Street Field, Wadsworth Field (Tremont ST), Lincoln Street Field, North Hill Country Club, Mayflower Cemetery, Senior Center (10 Mayflower ST), and all the school fields.
3. COMCAST: On Wednesday at 1 AM COMCAST will be running a test of the Emergency Audio Alert System. This is something that is contractual and is a routine test. Mr. MacDonald described what will happen as follows: If you are watching TV at the time of the test, then the screen will go blue and the viewer should hear an announcement that this is a TEST of the Emergency Audio Alert System or you should see a scrolling message to that effect with no audio. Mr. MacDonald stressed that this is only a routine test and residents should not be alarmed.
4. Wright Building: Mr. MacDonald said that both tenants, the Duxbury Rural & Historical Society and the Student Union, have occupied the Wright Building. A formal opening of the building is being planned, probably for sometime in September. In the interim, Mr. MacDonald announced that he received word that the Wright Building has been placed on the National Register of Historic Places.
Someone asked about the landscaping and Mr. MacDonald responded that they are completing some work that needed to be done and then the landscaping will be worked on.
5. Budget Update: Mr. MacDonald mentioned that Mr. Madden, Finance Director, has been working with the Fiscal Advisory Committee. They are working together to review the various fees and are looking to get the fees on an annual review schedule. The idea is to get the fees to be reviewed each year at about the same timeframe for implementation at the beginning of the next season, instead of having fees being reviewed at various times through the year. Mr. Mangione indicated that it is likely fees will be reviewed in a May/June timeframe.
Discussion of fees sparked Mr. Martecchini to mention that he has had some discussions with Mr. Daley, DPW Director, regarding the Transfer Station. Mr. Martecchini indicated that there will be some changes at the Transfer Station and in order to give adequate time to notify the public he asked Mr. MacDonald to make sure this topic was listed as an agenda item on an upcoming meeting.
Regarding utility costs, Mr. MacDonald said the budget team has been working with
Mr. Mickey McGonagle, Business Manager of the Duxbury Schools, concerning the natural gas and electricity costs. As good news Mr. MacDonald announced that we will be signing a contract for natural gas which is actually cheaper than the current contract. On the other hand, the electricity contract is up in 2008 and the expectation is that the electricity costs will be doubling. So the savings for the natural gas will likely all be needed to go towards higher electrical costs.
As one other bit of favorable news Mr. MacDonald noted that gas (fuel) usage is down and we are continuing to monitor that.
Ms. Sullivan inquired whether we are looking at all options to reduce electricity, for example everything from using more efficient light bulbs to capital expenses for more energy-efficient systems? Mr. Martecchini responded by indicating the Alternative Energy Committee is looking into getting some software to assess usage. The schools have already started such a program, but the committee would like to expand it to Town-owned buildings as well.
MINUTES
A draft of the Board of Selectmen Minutes of July 9, 2007 was in the Selectmen’s packets for review by the Board. Mr. Witten requested two minor amendments be made.
Ms. Sullivan moved that the Board of Selectmen approve the Minutes of July 9, 2007 as amended. Second by Mr. Witten. Vote: 3:0:0.
COMMITTEE APPOINTMENTS/RE-APPOINTMENTS
Alternative Energy Committee
Before making appointments Mr. Martecchini noted that this committee was originally established with 9 members, but they would like to increase the number of the committee to 11 members as they could use the technical expertise that the additional members would bring.
Mr. Martecchini moved that the Board of Selectmen increase the number of members on the Alternative Energy Committee from 9 members to 11 members. Second by Ms. Sullivan.
Vote: 3:0:0.
Mr. Martecchini moved that the Board of Selectmen appoint George Dunbar to the Alternative Energy Committee to fill an unexpired term due to expire on 6/30/2008 and to appoint Frank Duggan and John Murdock for two-year terms due to expire on June 30, 2009. Second by Ms. Sullivan. Vote: 3:0:0.
Historical Commission
Ms. Sullivan moved that the Board of Selectmen appoint Laura Doherty and Retta Adams to one-year terms to fill unexpired terms due to expire on June 30, 2008. Second by Mr. Witten. Vote: 3:0:0.
North Hill Advisory Committee
Mr. Witten moved that the Board of Selectmen appoint Robert M. Mustard, Jr. to the North Hill Advisory Committee to fill an unexpired term due to expire on 6/30/2008. Second by Ms. Sullivan. Vote: 3:0:0.
NEXT MEETING
Mr. Martecchini mentioned that the Board will not be meeting next week. The next Board of Selectmen’s meeting will be on Monday, August 6, 2007.
ADJOURNMENT
Mr. Witten moved to adjourn at 9:08 PM. Second by Ms. Sullivan. Vote: 3:0:0.
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