Date: January 29, 2007
Date Minutes Approved: February 5, 2006
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Chair (arrived late); Andre Martecchini, Vice-Chair, and John Tuffy, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; Elizabeth Conway, Treasurer; Joe Grady, Conservation Agent; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:34 PM.
OPEN FORUM
No items were discussed.
STREET ACCEPTANCE HEARING: HILLSIDE LANE & AMADO WAY
Mr. Martecchini noted that the Street Acceptance Hearing was advertised in a local newspaper, and that all direct abutters were notified. He further noted that the Planning Board has recommended acceptance of Hillside Lane and Amado Way as public ways in the Town of Duxbury. DPW Director Tom Daley was present to say that all requirements of the Town have been met. There were no comments from the public.
Mr. Tuffy moved that the Board accept the layout of Hillside Lane, as shown on the Street Acceptance Plan dated October 5, 2006 and prepared by Robert C. Bailey, Co., Land Surveyors. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Tuffy moved that the Board accept the layout of Amado Way, as shown on the Street Acceptance Plan dated November 3, 2006 and prepared by Land Planning, Incorporated, Land Surveyors. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Tuffy moved that the Board support the 2007 Annual Town Meeting article accepting Hillside Lane as a public way in the Town of Duxbury. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Tuffy moved that the Board support the 2007 Annual Town Meeting article accepting Amado Way as a public way in the Town of Duxbury. Second by Mr. Martecchini. Vote: 2:0:0.
TOWN MEETING ARTICLE FOR INTERMUNICIPAL HEALTH SERVICES
Ms. Tracy Baugous (Health Agent) and Fire Chief Kevin Nord were present to discuss this article. This article would allow the Town of Duxbury to enter into inter-municipal agreements with one or more other Towns for the purpose of providing public health services.
Mr. Tuffy moved that the Board support the Annual Town Meeting Article pertaining to inter-municipal health services agreements. Second by Mr. Martecchini. Vote: 2:0:0.
TOWN MEETING ARTICLE FOR THE CONSERVATION FUND
Mr. Grady (Conservation Agent) was present to discuss this article. He said that the money is used to maintain over 3,000 acres of Town-owned land. He said the amount being requested this year ($5,500.00), is approximately half the amount from previous years, because there are some unexpended funds. Mr. MacDonald confirmed that the $5,500.00 amount has been accounted for in the proposed FY'08 budget.
Mr. Tuffy moved that the Board support the 2007 Annual Town Meeting article which would provide $5,500.00 to the Conservation Fund. Second by Mr. Martecchini. Vote: 2:0:0.
TOWN MANAGER BRIEF
· There are changes to flight paths to and from Logan Airport which could affect Duxbury. Initially, it was understood that these changes would move the planes further out over the water, thereby reducing any possible effects to the Town. However, Mr. MacDonald has been informed that there are proposals which might actually bring the planes closer to Duxbury. He plans to research the issue and keep the Board and the public informed.
· A group of Duxbury citizens and representatives from local organizations met with Mr. Gay, from GATRA about possible bus service in Duxbury. Again, Mr. MacDonald will keep the Board and public informed about any developments.
FEE HEARING
Moorings & Shellfish Fees:
Harbormaster Don Beers was present to discuss these fees. He noted that two proposals for fee structures were developed in collaboration with the Town Treasurer. Option One fees are lower than Option Two. Input was sought from various Boards and Committees. Feedback was as follows:
· Fiscal Advisory Committee: Recommend Option One for both Moorings & Shellfish Fees.
· Shellfish Advisory Committee: Recommend Option Two for Shellfish Fees. No recommendation on Moorings Fees.
· Duxbury Bay Management Commission: Recommend Option One for Moorings Fees. No recommendation on Shellfish Fees.
After discussion, Mr. Tuffy moved that the Board adopt Moorings & Shellfish Fees as listed on the document "FY2007 Waterfront Fee Proposal Option One", as provided by the Treasurer's office, effective February 1, 2007. Second by Mr. Martecchini. Vote: 2:0:0.
MEETING OF THE WATER & SEWER COMMISSIONERS
At 7:55 PM, Mr. Martecchini moved that the Board of Selectmen temporarily adjourn their meeting in order to convene as Water and Sewer Commissioners, with the intention of re-convening as Selectmen afterward. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Martecchini noted that the purpose of the meeting is to commit for collection the charges for water, sewer, and service in the Duxbury Beach area.
Mr. Jim Ryan, Bay Avenue, asked whether the amount being committed is the exact amount billed by Marshfield. Mr. Madden and Mr. Martecchini answered that the amount is based on estimates. Actual figures should be available for the next billing cycle.
Mr. Tuffy moved that the Water & Sewer Commissioners commit the sum of $125,169.15 for collection by the Treasurer, which represents the charges for water, sewer, and service in the Duxbury Beach area. Second by Mr. Martecchini. Vote: 2:0:0.
Mr. Martecchini moved that the meeting of the Water & Sewer Commissioners be adjourned and that the Board re-convene their meeting as the Board of Selectmen. Second by Mr. Tuffy. Vote: 2:0:0.
SEAWALL REPAIR ARTICLE
Mr. Martecchini noted that Town Counsel has verified that the seawalls are owned by the Commonwealth. Town Counsel does not see any issue with the Town spending its money to repair the seawall. However, Mr. Martecchini would like to see the option left open for the residents to pay betterments, so that the homeowners will contribute to the cost. In addition, Mr. Martecchini would like to pursue getting some funds from Plymouth County as well.
Mr. Tuffy said that he is not prepared to vote in favor of this article at this point. One of the stumbling blocks is the condition of the Commonwealth's 50% matching grant that all of the work be completed by June 30, 2007. If there are unexpected events during construction, the Town could become responsible for the Commonwealth's portion. Also, this repair would only cover 350 feet of seawall, a small portion of seawall in Duxbury. We might be setting a precedent for spending the Town's money on something that benefits a very small number of homeowners. There could also be liability issues if the repairs were to fail, and the homes became damaged.
Mr. Jim Ryan, Bay Avenue, said that he is opposed to the Town's charging betterments. He gave three reasons: 1) The walls are not on the property of the abutters; 2) The walls protect the Town's roads and sewer line; and 3) The homeowners are already paying a "betterment" because their taxes are so much higher than non waterfront properties.
(Ms. Sullivan arrived at this point.)
Mr. Tim Tedeschi, Bay Avenue, added that there are many homes immediately inland of the homes in question. If the wall failed, those homes would be damaged also. It is not only the direct abutters who would benefit from the repair.
Mr. Martecchini said that he would like to postpone the Selectmen vote on this article until he has the chance to view the wall himself.
Mr. Mangione asked whether water could come around the side of the seawall. Mr. Daley responded that it could.
It was decided to put the item on the agenda again for next week to give the Selectmen an opportunity to view the wall.
COMMUNITY PRESERVATION COMMITTEE ARTICLES
Holly Morris (Chairman), and several members of the Community Preservation Committee (CPC) were present. Mr. Wadsworth gave an overview of the Committee's finances.
Article Concerning CPC Allocations: Each year, the Town must vote to allocate 10% of the year's CPC revenue into each of the following three categories: Open Space, Historic Preservation, and Community Housing. The amount this year for each category will be $216,000.00. The Selectmen did not vote on this article, pending a vote by the CPC.
Article Concerning Operating Expenses: $80,000 is being requested for administrative and legal costs. This is the same amount as requested last year. Again, the CPC has not yet voted on this Town Meeting article yet.
Article Concerning Two Artificial Turf Fields: Approximately twenty-five members and/or supporters of P.R.I.D.E. (Promoting Recreational Investment to Develop Excellence) were present. PRIDE is proposing to replace the grass fields at Duxbury High School and Duxbury Middle School with artificial turf fields. They plan to raise up to two million dollars privately. They are requesting a 50% match from CPC funds, or up to one million dollars of CPC funds. They state that the current fields are unusable for much of the year in their current state. They are plagued by drainage and other problems.
First, Ms. Morris said that this has been a very complex proposal for the CPC to deal with. Other communities have used CPC money for artificial turf fields. However, there have been lawsuits which have muddied the waters on whether this is an acceptable use of the funds. Bond counsel for the Town of Duxbury (Palmer & Dodge) says it is not an appropriate use of the funds. Duxbury Town Counsel has opined that CPC funds may be used for this purpose. Ms. Sullivan and Mr. Martecchini noted Town Counsel's suggestion that obtaining an easement from the schools for the Town to make these improvements would strengthen the Town's position.
Ms. Morris said that the CPC is struggling with competing interests. The Tarkiln Building restoration will cost over a million dollars. There is a concern that constructing the turf fields would also reduce the amount of money available for community housing projects.
At this point, Mr. Kevin Mullins gave a power-point presentation of the turf field proposal.
Mr. Thom Holdgate, Athletic Director of Duxbury High School, said that while the school teams would certainly benefit from the project, that many other community groups and teams would benefit also. There is a large amount of competition for available field space. Re-surfacing the school fields would alleviate the pressure to develop new fields at this point.
Ms. Morris mentioned a concern with athletic field lights at night-time. She said that this could interrupt the breeding and nesting activities of local birds. Mr. David Maimaron, Duxbury High School teacher and football coach, said that the new lights planned for the high school fields would be designed to minimize this problem. No lights are planned for the Middle School field at this point.
Mr. Martecchini said that while he initially opposed the project, he has come to see its value, especially in the potential for reducing the need for new fields. He also likes the fact that these current fields are located in areas with sufficient parking. This is always a problem when developing recreational facilities.
Mr. Tuffy said that he feels that this is not an inappropriate use of CPC funds. He said that he still has a lot of questions about it that he would want to resolve before he committed himself either way. He did note that PRIDE is making a very generous offer to the Town with their private fund-raising.
Ms. Sullivan offered her support for the project. She noted that it broadens the base of support for the Community Preservation Act and Committee.
Ms. Morris stated that the CPC may vote on this article on February 1st. The Selectmen will vote after receiving the CPC vote.
Article Concerning Plans and Specification Documents for the Tarkiln Building: Dr. Lynne Devnew spoke for the Historical Commission. She reminded the Board that several options were considered for the future of this building: 1) A "Bare-Bones" restoration and preservation of the facility; 2) A more substantial restoration and preservation; 3) Finding new uses for the building, including affordable housing; and 4) Demolishing or selling the building. After public meetings, and upon the direction of the Selectmen, the Historical Commission focused on a "Bare-Bones" restoration of the building. To date, $34,955.00 has been spent on an architectural assessment of the building.
The Town Meeting article requests approximately $111,800.00 for plans and specifications to include Design Development and Site Engineering. The amount could go as high as $125,000.00.
The next phase would be a return to a future Town Meeting to request construction funds. These would amount to approximately $1,302,130.00. Ms. Sullivan said that she would like to be sure that there is strong support for the actual construction, so that the design and specifications money is not wasted. Ms. Morris responded that, while she could not guarantee the votes of a future Board, that her impression is that the CPC would vote to put this forward at a future Town Meeting.
Ms. Colleen Brayer (Finance Committee member) asked if the uses of the building have been determined. Mr. Tuffy responded that the intention is to keep the use as it has been in the past. Community groups will continue to be able to rent the space for meetings and activities. Currently, the building cannot be used, because the boiler has failed.
Ms. Mary Wilbur, co-chair of the Friends of Tarkiln, said that a meeting of the Friends was held on January 23, 2007. Former users, neighbors, and Historical Commission members were in attendance. Ms. Wilbur reported that there was great enthusiasm about restoring the building's place in the community.
Ms. Kay Foster, Surplus Street, raised some concerns:
1) The uses of the building should be clarified.
2) The foundations and floors were not evaluated during the architectural assessment (Historical Commission and Selectmen disagreed with this comment.)
3) This is a Town building, yet the Town has never wanted to spend any money on it. It appears that it is only the availability of CPC money that is making this project come forward.
4) Why was the possibility of including an affordable housing unit in the building rejected? (Ms. Sullivan responded that it was determined that the recreational use of the building did not lend itself well to sharing with a housing unit.)
This led to a discussion of the difficulty in developing affordable housing projects. Mr. Martecchini said that, having worked on this issue for years, he has learned that it is
enormously difficult to put together these types of projects. It would be easier if the Town were to act as a landlord with affordable housing units. However, for various reasons, the Town has not wished to do this. So, other types of creative housing projects must be developed. There will be a meeting with the Town's newly hired housing consultant in the next couple of weeks. It is hoped that some new strategies can be developed. He also noted that the Island Creek expansion project, which originally had great promise, has come to a standstill for reasons beyond the Town's control. Mr. Wadsworth agreed that it is much easier to make an open space purchase than to develop a community housing project.
Mr. Martecchini moved that the Board support the Town Meeting article pertaining to the development of plans and specifications for the Tarkiln Building restoration. Second by Mr. Tuffy. Vote: 3:0:0.
Article Pertaining to the Delano Property Well-Site: Mr. Wadsworth explained that this Town Meeting article is necessary because the original motion creating the well-site was incorrect. However, he suggested that the Selectmen postpone their vote on the subject until the CPC has clarified it.
Article Pertaining to Unused CPC Funds: Ms. Morris reported that there are several CPC projects which were completed for less than the amounts allocated in Town Meeting votes. This money will be returned to the CPC fund. The final amount has not yet been determined. The Selectmen will vote after this has been clarified.
Article Pertaining to Survey of Historic Properties (Special Town Meeting): Mr. Norman Tucker explained that this would continue a survey begun five years ago. It includes historic properties such as residences, gravesites, and landscapes. Ms. Morris said that the CPC has voted to support this Special Town Meeting article.
Mr. Martecchini moved that the Board support the Special Town Meeting article pertaining to a historic properties survey, in the amount of $6,000.00. Second by Mr. Tuffy. Vote: 3:0:0.
MINUTES
Mr. Martecchini moved to accept the Executive Session minutes of January 4, 2007 as written and to keep the contents sealed until the need for confidentiality has passed. Second by Mr. Tuffy. Vote: 3:0:0.
BOARDS AND COMMITTEES
Ms. Sullivan noted that Mr. Tom O'Regan has resigned from the Board of Health, due to new professional commitments. She offered the Board's thanks for his service. She also requested that anyone interested in serving on the Board of Health contact the Town Manager's office as soon as possible.
BONUS SHELLFISH SEASON
Mr. Tuffy moved that, because of abundant shellfish resources, that the Board
· Declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of February, per the regulations contained in Attachments B & C of the Duxbury Harbormaster's memorandum of January 25, 2007;
· Declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of February, per the regulations contained in Attachments A & C of the Duxbury Harbormaster's memorandum of January 25, 2007;
· Declare a temporary Bonus Shellfish Season for the recreational harvesting of Soft Shelled Clams for the month of February, per the regulations contained in Attachment D of the Duxbury Harbormaster's memorandum of January 25, 2007.
Second by Mr. Martecchini. Vote: 3:0:0.
ADJOURNMENT
Mr. Martecchini moved to adjourn the meeting at 10:23 PM. Second by Mr. Tuffy. Vote: 3:0:0.
Respectfully Submitted,
Barbara A. Ripley
Executive Assistant
| 
