Date: December 17, 2007
Date Minutes Approved: January 10, 2008
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.
C. Anne Murray, Dept. Secretary, entered the meeting at 7:00 PM for the second item of the Executive Session and the Open Meeting.
Per Mr. Martecchini the meeting was called to order at 6:00 PM.
Mr. Martecchini made a motion to go into Executive Session to consider the discipline or dismissal of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual, and to consider the purchase, exchange, lease or value of real property and to reconvene in Open Session afterward in accordance with Massachusetts General Laws, Chapter 39, Section 23b. Second by Ms. Sullivan. Roll call vote: Mr. Witten: aye; Ms. Sullivan: aye; Mr. Martecchini: aye.
After conducting the business of the Executive Session the Open Session re-convened at approximately 7:25 PM
OPEN FORUM – nothing discussed
BLUEFISH RIVER FIREHOUSE DONATION: Nancy Bennett
Ms. Nancy Bennett, was present to announce another donation in the amount of $2500. was received from Ms. D.D. Allen and to ask the Selectmen to accept it as a gift. Ms. Bennett said there is still some work to be done on the building, possibly storm windows, so she is particularly grateful for this generous donation.
Ms. Sullivan moved that we accept a gift in the amount of $2500. from Ms. D.D. Allen to benefit the Bluefish River Firehouse with our gratitude. Second by Mr. Witten. Vote: 3:0:0.
DISCUSSION RE: PROPOSED SHUTTLE ROUTE/GATRA/ Mr. Frank Gay
The following individuals were present for discussion of this item: Joanne Moore, COA Director; Mr. Frank Gay, GATRA Administrator; and Mr. Mark Richardson, General Manager of the Plymouth & Brockton Street Railway Co. (hereafter P&B).
Ms. Moore introduced Mr. Gay and Mr. Richardson and mentioned that a route and proposed schedule has been worked out and systems are in place to start service in January 2008, if the Board votes to accepted the estimated annual cost tonight. She deferred to Mr. Gay to provide the details.
Ms. Sullivan gave a tip of the hat to former Town Manager Rocco Longo, who had initiated discussion of this service during his tenure.
Mr. Gay explained that GATRA has to contract out the routes. The P&B is the transportation company GATRA has a contract with. He said the proposed service would operate Monday through Friday from 6:30 AM to 6:30 PM and on Saturdays from 8:30 AM to 5:30 PM. Built into this schedule are two morning (7:11 AM and 8:30 AM Kingston train) and two afternoon times when the bus will connect with the Kingston train for commuters.
GATRA ROUTE: The Duxbury route travels to and from the Kingsbury Plaza and from there riders can access other P & B routes. The route comes from Kingsbury Plaza north on Route 3A, it goes into the Island Creek development, then continues north until Depot Street, follows Depot ST to Halls Corner and returns to Route 3A south via Chestnut ST. The route was also planned to have mid-morning and after-school stops at the Library.
Mr. Richardson said they tried to accommodate students, commuters, senior citizens, and Duxbury residents in general. The Library stops will accommodate seniors traveling to the Library and students, who might need transportation to after-school jobs. The bus will also pull into the Foodies Plaza (formerly the A&P Plaza) for access to shopping and the post office. Asked about the size of the bus Mr. Richardson said initially it will be a mini-bus which can carry approx. 20 passengers. Should the need arise the P&B does have larger buses if needed.
FARES:
One-Way Regular Fare $ 1.00
One-Way Half Fare* $ .50
PASSES: One-Day Three-Day 31-Day (Monthly)
One-Day Pass Full Fare $ 3.00 $ 9.00 $30.00
One-Day Half Fare* $ 1.50 * $ 4.00 $15.00
*Half fares are available to persons over age 60, persons with a disability, and students through high school.
Mr. Gay said the estimated annual cost to the Town would be $70,000.00. He mentioned that because GATRA receives federal funds they do have to offer complimentary para-transit (i.e., similar to The Ride) to fulfill ADA requirements for those who can’t use the bus. This will be an additional charge, but it is yet to be determine what, if any, need there will be in Duxbury.
Members of the Board pointed out that Duxbury MBTA Assessment is about $93,000. annually, for which Duxbury has been receiving virtually no service. So by approving the $70,000. annual GATRA cost, the Town will actually be getting some bus service for the funding it already has to provide to the MBTA, and there still is a cushion to cover ADA-required para-transit costs.
In response to a question regarding the changing of rates, Mr. Gay explained that the GATRA Advisory Board, which includes a Duxbury representative, sets the rates and there is a public hearing process regarding any proposed rate changes.
Mr. MacDonald stressed this is a pilot program.
Ms. Sullivan moved that the Board of Selectmen accept bus service from GATRA with a proposed annual cost of $70,000, not to exceed the MBTA assessment to the Town of Duxbury. Second by Mr. Witten. Vote: 3:0:0.
The tentative timeframe for starting the GATRA service in Duxbury is mid/late January 2008.
CONSERVATION RESTRICTION / Ms. Pat Loring
Ms. Pat Loring was present to ask that the Board execute a conservation restriction granted by the Duxbury Rural and Historical Society (DRHS) to the Wildlands Trust of Southeastern Massachusetts, Inc. regarding the Allen Property, which is approx. 12 acres off Crescent ST. Acceptance would mean that the property is preserved in perpetuity as open space. Access
would be allowed only to members of the DRHS, but it was pointed out that the cost of membership to the DRHS is very reasonable. Ms. Loring did mention that usually the Conservation Commission reviews it first, but due to timing and trying to get it done before year’s end, she is asking the Board to vote on it and if necessary to make it contingent on the outcome of the Conservation Commission’s review. It was determined that was not necessary as it cannot be put into effect unless the Conservation Commission signs it as well.
Mr. Witten moved that the Board of Selectmen vote to accept the Conservation Restriction from the Duxbury Rural Historical Society to the Wildlands Trust of Southeastern Massachusetts, Inc regarding the Allen Property identified on the Duxbury Assessor’s Plan as Map 200b Lot 404-003. Second by Ms. Sullivan. Vote: 3:0:0.
DISCUSSION RE: SYNTHETIC FIELDS
Present for discussion of this item were Kevin Mullins and Brett Watts of Duxbury P.R.I.D.E.
(P.R.I.D.E. stands for Promoting Recreational Investment to Develop Excellence. It is a group established to raise funds for artificial turf fields.)
Mr. Martecchini initiated the discussion by explaining Mr. Jim Sullivan had raised a concern as to why the Duxbury Middle School (DMS) field was to be done before the Duxbury High School (DHS) field.
It was noted Ms. Sue Skeiber, Superintendent, was invited since the project is involving school properties, but she had another commitment. Ms. Sullivan added that even though it involves school property the Board of Selectmen is also involved because of the motion made at Annual Town Meeting 2007 and the use of CPC funds.
An overview of the P.R.I.D.E. financial status was given. So far they have about $450,000. in cash and another $400,000. in pledges for a total of $850,000. Of that $75,000. has been paid to the consultant, which is half of the consultant’s anticipated total of $150,000.
Projected Costs:
Duxbury High School field $1.5 Million (includes lights and track)
Duxbury Middle School field $1 Million
Projected Total: $2.5 Million
The P.R.I.D.E. members stated the decision to begin with the Duxbury Middle School field was made after meetings of the core group, which were open to the public. The following comments were made to explain some of the rationale:
1. P.R.I.D.E. saw 2 options: (a) don’t do anything but continue to fundraise or (b) build the DMS field now because of the cost.
2. P.R.I.D.E. only has the funds to construct the DMS field now. The DHS field is more expensive due to the lighting and track.
3. General feeling of the P.R.I.D.E. membership was there is a need to show some results.
4. They also were concerns that if DHS field was done first than it would be harder to do the fundraising to complete the DMS.
5. P.R.I.D.E. hopes to take advantage of a more advantageous bidding timeframe. The plan is to get the bids out by the end of January, allow a month to end of February for bids to come in, and to start construction as soon as the weather breaks; hopefully mid-April. There is a 60-90 day anticipated construction schedule; so hopefully it should not impact summer youth sports.
There was a general discussion about the Community Preservation Committee (CPC) funds authorized by ATM 2007. The CPC was authorized by town meeting to expend up to $500,000, but the CPC funds can only be used for site and drainage work. It is a 2:1 ratio of P.R.I.D.E funding to CPC funding required. Permitting for the DMS field has already gone through the Conservation Commission.
The Board raised a question regarding who accepts the funding gift. Ms. Sullivan suggested it should be thought of as the Town filling the role of “the banker” and the Schools filling the role of “the landlord.” Who accepts the gift, the town or the schools, is a parliamentary issue, and Mr. MacDonald was instructed to obtain clarification on this.
Mr. Martecchini stated he favors trying to get something done. Based on his engineering experience he also agreed that project cost do have a tendency to increase over time so starting the project now and in an advantageous bidding timeframe makes sense.
Mr. Witten agreed, but did have some concern that bidders might be hesitant if realize the project is contingent upon sufficient funds being raised.
Mr. Jim Sullivan, while applauding P.R.I.D.E.’s efforts, respectfully disagreed with their decision to do the DMS field before the DHS field. He expressed concern that future donations might not be forthcoming. He also mentioned the major reason for the project was the deplorable conditions of the DHS field, and in his opinion that was the impetus for much of the donations and support given to date. Mr. Sullivan also was concerned that the CPC funds are capped at $500,000., and if a majority of the CPC funds are used for on the DMS field, then there may not be enough funding left for the DHS field to be completed.
Members of P.R.I.D.E. stated that there is an open meeting on January 3, 2008 for final discussion of the plan before making a recommendation at the school committee meeting on January 9th. Right now the strategy is to recommend doing the DMS field first. It was pointed out that the high school athletes do use the DMS field as well, and will benefit when the DMS field is done.
DISCUSSION RE: TOWN MEETING WARRANTS (mailing)
At a previous Board of Selectmen’s Meeting the Board had discussed and decided not to mail the Annual Town Meeting warrants as a cost-saving measure. Cost savings were estimated at approximately $4000. It was also mentioned many copies of the warrant are just thrown away at that Post Office on the day they are received in the mail.
In subsequent discussions, Mr. Allen Bornheimer, Town Moderator, and others expressed concerns with the decision and asked the Board to reconsider their vote. Mr. Bornheimer proposed to members of the Board to mail the warrants this year and he would be prepared to do a survey, similar to the survey done regarding the town meeting location, to better assess the public’s feelings about whether or not the warrants should be mailed in the future.
Mr. MacDonald did clarify that although the warrants were not going to be mailed there always was the intent that they would be printed and available at several locations around town (Town Hall, Library, and Senior Center) and at town meeting. In addition, it was planned to post the warrant on the town website and perhaps even have it printed in a local paper.
Mr. Witten moved that the Board of Selectmen rescind its prior vote and mail the 2008 warrant. Second by Ms. Sullivan. Vote: 3:0:0.
WARRANT CLOSES – voted on later in the meeting.
Mr. Martecchini excused himself at 8:15 PM to attend his daughter’s holiday concert.
Mr. Witten assumed the role of Chair.
BUSINESS
Licensing: Vote Foodies 2008 Common Victualler’s License
Mr. Witten said that due to an oversight the Board needed to vote on issuing the 2008 Common Victualler’s License to Foodies. Ms. Sullivan recused herself as her place of employment does business with the owners of Foodies. Mr. Martecchini stayed to vote on this item.
Mr. Witten moved that the Board of Selectmen grant a Common Victualler’s license to Foodies Duxbury LLC for the year 2008. Second by Mr. Martecchini. Vote: 2:0:1 (with Ms. Sullivan abstaining as she recused herself)
Town Manager’s Brief
1. Officer Dale Park: Mr. MacDonald announced that the Civil Service Commission affirmed the dismissal of Officer Dale Parks from the Duxbury Police Department. Officer Park did not show up at a scheduled hearing.
2. Commonwealth Capital Application Score: Mr. MacDonald explained this is a score given to towns, which determines the town’s eligibility for grant programs. Last year Duxbury scored 71. This year Duxbury scored 73 out of a possible 144 points. What hurts Duxbury’s score is the lack of Affordable Housing.
3. Jaycox Farm Tree Sales: During the first weekend in December 211 trees were sold for slightly less than $15,000. The funds go into a revolving account from which $10,000. is used to pay the forester and about $2,000. goes into the general fund.
4. Town Hall Holiday Hours: As a reminder Mr. MacDonald again announced that the Town Halls and Senior Center will be closed on Christmas Eve, Christmas Day and New Year’s Day. The Town Halls and Senior Center will be open on New Year’s Eve.
Mr. MacDonald concluded his brief by wishing the Board and the public happy holidays.
Minutes
Ms. Sullivan moved to approve the December 10, 2007 Minutes, as presented. Second by Mr. Witten. Vote: 2:0:0
WARRANT CLOSES
Ms. Sullivan moved to close the Warrant for the March 8, 2008 Annual Town Meeting with a total of 46 articles. Second by Mr. Witten. Vote: 2:0:0.
Committee Appointments/Re-appointments OR RESIGNATION(s)
On behalf of the Board, Ms. Sullivan accepted the resignation of Ms. Jennifer Reid from the Council on Aging, and thanked her for her service.
Bonus Shellfish Season (for January)
Ms. Sullivan moved that the Board of Selectmen approve a Bonus Shellfish Season
1) for the commercial harvesting of softshell clams for the month of January. Regulations as attached. (Please see Attachment B & C)
2) for the commercial harvesting of quahog clams for the month of January. Regulations as attached. (Please see Attachment A & C)
3) for the recreational harvesting of Soft Shelled Clams for the month of January. Regulations as attached. (Please see Attachment D)
Second by Mr. Witten. Vote: 2:0:0.
Bonus Shellfish Season (Oysters –dates in Dec. & Jan.)
Ms. Sullivan moved that the Board of Selectmen approve a Bonus Shellfish Season for the recreational harvesting of oysters for the dates of December 19th and 26th, 2007 and January 2nd and 9th, 2008 on Wednesdays only with a bag limit as prescribed in the Shellfish Rules and Regulations at six (6) quarts per week per family permit. Second by
Mr. Witten. Vote: 2:0:0.
ADJOURNMENT
At 8:20 PM Ms. Sullivan made a motion to adjourn. Second by Mr. Witten. Vote: 2:0:0.
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