Date: June 25, 2007
Date Minutes Approved: July 9, 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 7:03 PM.
VOTE TO ENTER EXECUTIVE SESSION/ RE: KING CAESAR FUND
Mr. Martecchini moved that the Board enter Executive Session in order to discuss matters related to the King Caesar Fund, which are of a confidential nature, as the Fund's purpose is to provide medical relief for the financially-needy residents of Duxbury, in accordance with Massachusetts General Laws chapter 39, section 23B, and then to reconvene in Open Session. Roll Call Vote: Ms. Sullivan: aye; Mr. Witten: aye; Mr. Martecchini: aye.
Having completed the business of the Executive Session the Board of Selectmen voted to reconvene in Open Session at approximately 7:10 PM. The Open Session meeting formally got underway at 7:30 PM when it began its live broadcast on the local cable channel.
OPEN FORUM
No items were brought forward by the audience.
ONE-DAY LIQUOR LICENSE: DUXBURY ART ASSOCIATION/
Midsummer Show August 10, 2007
Ms. Mary Beth Brown, Executive Director of the Duxbury Art Association (DAA) was present. Ms. Brown noted that this was the 90th Annual Midsummer Arts Show. The event is an opening reception, which serves as a fundraiser. The DAA request is for a one-day liquor license for the opening reception to be held on Friday, August 10, 2007 from 6:30 PM to 9:30 PM at the Ellison Center for the Arts. This will be a catered event for hors d’oeuvres with live music and a silent auction of items from created by popular local artists and craftsmen. In addition, there will be the unveiling of the Art2 installation. Tickets are $25.00 and can be obtained by calling (781) 934-2731; Ext. 4. Ms. Brown also invited the public to help them celebrate the 90th year by submitting a 9” x 9” unframed original representation of their involvement with the arts.
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. The Board of Health required that a Temporary Food Caterer’s permit application and menu be submitted to the Board of Health prior to the event.
Ms. Sullivan moved that the Board of Selectmen grant to Ms. Mary Beth Brown, as a representative of the Duxbury Art Association, a One-Day -Liquor License to hold the 90th Annual Midsummer Art Show (Opening Reception) on Friday, August 10, 2007 from 6:30 PM to 9:30 PM contingent upon the conditions mentioned in the departmental memoranda. Second by Mr. Witten. Vote: 3:0:0.
DISCUSSION RE: GREATER ATTLEBORO/TAUNTON REGIONAL TRANSIT AUTHORITY (GATRA)
The Chair recognized Duxbury Town Manager, Mr. Richard MacDonald, to introduce this item of business. Mr. MacDonald explained that discussions with the Greater Attleboro /Taunton Regional Transit Authority or “GATRA” started some time ago, and there had been several meetings with Mr. Frank Gay of GATRA. He had then asked Ms. Joanne Moore, Director of Senior Center, and Ms. Christine Stickney, Planning Director, to look into it further. Currently the Town is assessed $93, 000.00 by the Massachusetts Bay Transit Authority (MBTA) for which Duxbury does not receive any direct service. Years ago if you arranged for service through a regional transportation service it did not change your MBTA assessment. However, that has been changed so that the money spent on a regional transportation service can be
used to reduce the MBTA assessment. [Clarification after the meeting: The MBTA assessment does not actually get reduced, but a portion of the MBTA assessment get directed to pay for the regional transportation service being provided so that the Town would actually get some direct service for the money.]
Mr. Frank Gay, GATRA Administrator, was introduced and gave an overview of GATRA. He stressed that it is a partnership between GATRA and the town with locally-driven decisions as to what the services are. The town would be assessed just for the services provided to Duxbury. He mentioned that six years ago a study was done of transportation needs in Duxbury, but at that time if a regional service was used it did not directly reduce the town’s MBTA assessment. That situation changed with legislation in 2006. Mr. Gay mentioned several possibilities for service to Duxbury:
1) GATRA could be used to enhance services provided by the Duxbury Council on Aging.
2) There is a currently bus service from Plymouth through Kingston (to Exit 10 at Hannaford’s) and this route could be extended into Duxbury. Potential route would be from Kingston up Tremont ST over to Depot ST through Hall’s Corner and out Chestnut ST back to Tremont for the return loop. This would allow a Duxbury resident to travel to Jordan Hospital and the Independence Mall as well as other locations.
Mr. Gay stated there would be no assessment until GATRA provides service, but the first step would be for the Board of Selectmen to vote to join GATRA.
Ms. Joanne Moore, Director of the Senior Center, mentioned that joining GATRA could potentially reduce the COA budget cost about $30,000.00 and provide service for the general public; not just Seniors. She also mentioned that the COA received today a second vehicle today to provide rides for medical services.
General Questions and Answers during the discussion:
Question: In reference to the potential route mentioned, how specific is the route? Can other locations, e.g., Snug Harbor and St. George Street business area be added?
Answer: GATRA can make recommendations, but the route is up to the approval of the Board of Selectmen so adding other locations could be done.
Question: Are there only designated (bus) stops or can the driver be flagged to stop?
Answer: The driver can be flagged to stop along the routes.
Question: What is the fare structure and how is it determined?
Answer: When a town expresses an interest and is accepted to join GATRA, a town representative is given a seat on the GATRA Advisory Board. The GATRA Advisory Board sets the fares. Fares currently are $1.00 regular fare and 50¢ for Seniors and Disabled. You can purchase a single ticket, 10-trip ride tickets, or pay cash. Plymouth and Kingston riders currently pay the same fare.
Question: What size are the buses—full-size or mini-bus?
Answer: They are mini-buses that accommodate 25 passengers.
Question: What is the current assessment to a town for the Plymouth/Kingston shuttle?
Answer: Currently it is about $15,000.00 because of Federal funding received.
Question: If Duxbury wanted to join the Plymouth-Kingston route would it be the same service or a connection to it?
Answer: Can’t immediately answer that as the route is currently being studied with the results and recommendations expected by the end of summer.
Question: Is it a one-year contract between GATRA and the town?
Answer: Town would execute the contract with GATRA but it does have annual provisions.
It was noted that Duxbury Town Counsel has reviewed the basic contract and approved it as to form.
Question: Regarding the MBTA assessment does it change annually and what is recent trend?
Answer: MBTA assessment does change and while it has come down some in recent past
Mr. Gay opined that he does expect it to go up by 2 ½% in the coming years.
Question: How much service does $93,000.00 buy?
Answer: Can’t immediately answer that without formal route plans and more discussion. Again it was stressed that it would reduce the MBTA assessment by that amount for which no direct service is currently provided and could reduce the COA budget by $30,000. and extend service to the general public vs. just Seniors.
Ms. Sullivan moved that the Board of Selectmen formally apply to GATRA for the purpose of getting transportation service for the town. Second by Mr. Witten. Vote: 3:0:0.
Mr. MacDonald took this opportunity to publicly thank Mr. Jim Sullivan for his assistance in initiating the GATRA discussions and working with town officials on this project.
EXECUTION OF 2007 DUXBURY BEACH LEASE
Mr. Martecchini explained that Duxbury Beach is not owned by Town of Duxbury, but rather that the Town leases the beach from the Duxbury Beach Reservation, Inc., a charitable corporation. Upon approval by the Board, in the signature file to be executed at the end of the meeting, is the lease, in which the Town agrees to pay to the Duxbury Beach Reservation, Inc. $400,000 for the period from July 1, 2007 through June 30, 2008.
Mr. Witten moved that the Board of Selectmen sign the lease with the Duxbury Beach Reservation, Inc. in the amount of $400,000.00 for the period of July 1, 2007 through June 30, 2008 for the use of the public. Second by Ms. Sullivan. Vote: 3:0:0.
EXECUTION OF SETTLEMENT AGREEMENT WITH SEIU, LOCAL 888, DUXBURY CLERKS & SECRETARIES
Mr. MacDonald announced that the Town has negotiated an agreement with the Clerical Union and requested that the Board of Selectmen execute the Agreement. The Agreement is for a two-year period (July 1, 2007-June 30, 2009) it provides for a 3% wage increase each year (as of July 1, 2007 and July 1, 2008). It also does include increases to the Health Insurance co-payment rates as follows:
$50.00 for Emergency Room
Prescription Drugs: $10.00 for Generic;
$20.00 for Preferred Brand;
$35.00 for Non-Preferred Brand
This is in line with what the other Unions have agreed to.
Ms. Sullivan moved that the Board of Selectmen approve and execute the SEIU, Local 888, Duxbury Clerks & Secretaries Settlement Agreement with the Town of Duxbury. Second by
Mr. Witten. Vote: 3:0:0.
BUSINESS
CONSERVATION RESTRICTION: ANDRESEN
Mr. Martecchini announced that there is a conservation restriction that has been negotiated with Conservation Commission as a result of the subdivision approval by the Planning Board for the Definitive Subdivision Plan of Wamsutta Way in Duxbury. For purpose of discussion this is being called the “Andresen” Conservation Restriction. The document was reviewed and approved by Town Counsel; Joe Grady, Conservation Administrator; and Pat Loring, CPC member. The Board is being asked to sign the document.
As further explanation, Mr. Martecchini said that a Conservation Restriction allows the owner certain rights, but prevents him/her from other uses of the property. The Conservation Commission is the enforcement authority. In this case the total parcel is approx. 40 acres and about 28 acres would under the Conservation Restriction.
Mr. Witten moved that the Board of Selectmen vote to approve the Andresen Conservation Restriction. Second by Ms. Sullivan. Vote: 3:0:0.
END OF YEAR SHORT-TERM BORROWING/ SEAWALL & STORMWATER PROJECTS
Mr. Madden, Finance Director, explained that there have been two recent projects: the seawall repair and the stormwater drainage at Hall’s corner, in which the town is waiting for a few bills to come in. The Town cannot submit for reimbursement from the State Grants until all the bills are received. The Dept. of Revenue (DOR) verifies deficits and looks to see that the town has taken action to resolve them. If such action has not been taken, then the DOR could reduce the town’s “Free Cash” by the amount unpaid. To put the Town in a better financial position at year-end the Board of Selectmen is being asked to sign three notes:
Two of the notes will be State Grant Anticipation Notes for a one-month term:
$125,000.00 in anticipation of a Seawall grant reimbursement.
$125,000.00 in anticipation of a Stormwater grant reimbursement.
The third note is a State House note also for $125,000.00 and represents the Town of
Duxbury’s portion of the Seawall grant. It is for a one-year term at a 4% annual rate.
Ms. Sullivan moved that the Board of Selectmen approve a State Grant Anticipation Note for a one-month term in the amount of $125,000.00 in anticipation of a Seawall grant reimbursement, a State Grant Anticipation Note for a one-month term in the amount of $125,000.00 in anticipation of a Stormwater grant, and a State House note for a one-year term in the amount of $125,000.00 representing the Town of Duxbury’s portion of the Seawall grant. Second by
Mr. Witten. Vote: 3:0:0.
EXECUTE DEED FOR DRAINAGE LOT: HILLSIDE LANE
Mr. Martecchini said this item of business has to do with executing two deeds in regard to Hillside Lane. The subdivision received an “As-Built” approval from the Planning Board and the street was accepted by the Town Meeting in March 2007. Once the Town owns a street the Town doesn’t want the drainage on private property so there are not any issues maintaining it. Therefore, the Board is being asked to accept the property of the drainage basin and endorse the deeds.
Mr. Witten moved that the Board of Selectmen accept the property being given for drainage on Hillside Lane and approve the Quit Claim deeds of Kevin P. Sealund, Trustee of the 123 Washington Street Realty Trust to the Town of Duxbury for the identified parcels.
Second by Ms. Sullivan. Vote: 3:0:0.
LUCY HATHAWAY FUND
At the Board of Selectmen meeting on April 30, 2007 a vote was taken to make distributions from the Lucy Hathaway Fund and one of the distributions was to be for $3,125. for the Cemetery Department to replace of fencing at Dingley Cemetery on West ST. It was subsequently learned that the guidelines of the Lucy Hathaway Fund require that
“…one-sixteenth of said income to be applied to the care and improvement of the Mayflower Cemetery…” Therefore, the Selectmen were asked to amend the vote to bring it in line with the requirements of the fund by voting the $3,125. for the care and improvements associated with the Mayflower Cemetery as stated in the trust. The expectation is that other monies will be found within the Cemetery Dept. budget to replace the fencing at the Dingley Cemetery.
Mr. Witten moved that the Board of Selectmen add the following one-sixteenth disbursement: “Cemetery for care and improvements associated with the Mayflower Cemetery $3.125.” in lieu of the “replacement of fencing at Dingley Cemetery on
West ST $3,125.” Second by Ms. Sullivan. Vote: 3:0:0.
TOWN MANAGER’S BRIEF
Mr. MacDonald focused on two items tonight and announced the following:
1. Actuarial Consulting Services: Mr. MacDonald said that the Town had put out a Request for Proposals for Actuarial Services regarding and assessment of Town’s Other Post Employment Benefits (OPEB) obligations as a step towards required compliance with GASB 43 and 45. Much like what was previously required in the private sector municipalities are now expected to report their OPEB obligations. The Town does not have to fund it yet, but will need to in the future. This is a first step towards assessing what the OPEB obligation is for reporting purposes, and it is anticipated that the study will also identify the Annual Required Contribution (ARC). Mr. MacDonald announced he has awarded the contract for the study to Stone Consulting, Inc. for
the amount of $11,900.
2. Voluntary Outside Water Ban Effective Immediately: Due to decreased rainfall the DPW and Water Department are calling for an
immediate voluntary outside water ban, which will be announced through the local media. Level in the water tanks has fallen to
levels of concern and this creates water pressure problems. Until the new water tank is built we have to take steps to mitigate
this situation for the well-being and safety of all. So the hope is enough people will comply so that a mandatory ban can be
avoided.
Under the Voluntary Outside Water Ban odd-numbered houses will be restricted to Mondays, Wednesdays and Fridays and even-numbered houses will be restricted to Tuesdays, Thursdays, and Saturdays. No watering on Sundays. All outdoor watering is to be done between the hours of 5 AM – 8 AM ONLY.
BONUS SHELLFISH SEASON
Mr. Martecchini noted that a memorandum has been received from Don Beers, Harbormaster/ Shellfish Constable indicating there are abundant shellfish resources for a Bonus Shellfish Season in July.
Mr. Witten moved due to abundant shellfish resources, that the Board:
1. Declare a temporary Bonus Shellfish Season for the commercial harvesting of softshell clams for the month of July.
In accordance with the posted Bonus Shellfish Regulations. (Please see Attachment B & C)
2. Declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of July.
In accordance with the posted Bonus Shellfish Regulations. (Please see Attachment A & C) Second by Ms. Sullivan. Vote: 3:0:0.
MINUTES
Mr. Martecchini asked for motions regarding several sets of Minutes to be approved.
Ms. Sullivan moved that we approve the Minutes of June 4, 2007 (Open Session) and June 11, 2007 (Open Session) as presented. Second by Mr. Witten. Vote: 3:0:0.
Ms. Sullivan moved that we approve the Executive Session Minutes of June 11, 2007 as presented, and that they remain sealed until the need for such has passed. Second by Mr. Witten. Vote: 3:0:0.
COMMITTEE APPOINTMENTS/RE-APPOINTMENTS
Agricultural Commission
Mr. Martecchini moved that the Board of Selectmen appoint Orie Fontaine to the Agricultural Commission for a three-year term due to expire on 6/30/2010. Second by Ms. Sullivan.
Vote: 2:0:1. (Mr. Witten abstained as Mr. Fontaine has done work for him in the past.)
Board of Health (BOH)
Mr. Witten moved that the Board of Selectmen re-appoint Clinton Watson to the Board of Health for a 3-year term due to expire on 6/30/2010. Second by Ms. Sullivan. Vote: 3:0:0.
Mr. Witten moved that the Board of Selectmen re-appoint Nancy M. Oates as Burial Agent to the Board of Health for a 3-year term due to expire on 6/30/2010. Second by Ms. Sullivan. Vote: 3:0:0.
COA (Council on Aging)
Ms. Sullivan moved that the Board of Selectmen appoint John Madden to the Council on Aging for a 2-year term to fill an unexpired seat due to expire on 6/30/2009 and appoint Bill Campbell as an Associate member to the Council on Aging for a one-year term due to expire on 6/30/2008. Second by Mr. Witten. Vote: 3:0:0.
Conservation Commission
Mr. Martecchini moved that the Board of Selectmen re-appoint Holly Morris and Dianne Hearn to the Conservation Commission for a 3-year terms due to expire on 6/30/2010. Second by
Ms. Sullivan. Vote: 3:0:0.
CPC (Community Preservation Committee) (Holly Morris – Chair) / BOS: Jon Witten
Mr. Witten moved that the Board of Selectmen appoint Lynne E. Devnew as the Historical Commission representative to the Community Preservation Committee for a 3-year term due to expire on 6/30/2010. Second by Ms. Sullivan. Vote: 3:0:0.
Ms. Sullivan took this opportunity to thank Nancy Bennett, who is stepping down from the Historical Commission and as their representative to the CPC, for all her efforts while on the Historical Commission and CPC, especially noting her role in the renovation of the Bluefish River Firehouse.
Design Review Board
Mr. Martecchini moved that the Board of Selectmen re-appoint Jessica Williams and Judith Hall for three-year terms due to expire on 6/30/2010, and to appoint Michael Gray to fill the unexpired term due to expire on 6/30/2009 to the Design Review Board. Second by Mr. Witten. Vote: 3:0:0.
Design Review Board ALTERNATES
Mr. Martecchini moved that the Board of Selectmen re-appoint to the Design Review Board, as Alternates, Rebecca R. Wells and Louis Nejame, both for a one-year term due to expire on 6/30/2008. Second by Mr. Witten. Vote: 3:0:0.
Duxbury Bay Management Commission
Ms. Sullivan moved that the Board of Selectmen re- appoint Jack Kent for a 3-year term to expire on 6/30/2010 and appoint Don Merry for a three-year term due to expire on 6/30/2010 to the Duxbury Bay Management Commission. Second by Mr. Witten. Vote: 3:0:0.
Fourth of July Committee ‘07
Mr. Witten moved that the Board of Selectmen appoint Sue Lawrence, Liz McCann, and Annelise Ellison to the Fourth of July Committee each for a one-year term due to expire on April 30, 2008. Second by Ms. Sullivan. Vote: 3:0:0.
Historical Commission
Ms. Sullivan moved that the Board of Selectmen re- appoint the following to the Historical Commission: Barbara Kiley for a 3- year term due to expire on 6/30/2010;
Robert C. “Terry” Vose, III for a 3- year term due to expire on 6/30/2010;
Lynne E. Devnew for a 2-year term due to expire on 6/30/2009; and
Anne Hill for a 1-year term due to expire on 6/30/2008,
and also appoint to the Historical Commission James Nihan for a 3-year term due to expire on 6/30/2010. Second by Mr. Witten. Vote: 3:0:0.
Recreation Activities Committee
Ms. Sullivan moved that the Board of Selectmen re- appoint to the Recreation Activities Committee the following:
Brooks Holmes for a 3-year term due to expire on 6/30/2010
Greg Chandler for a 3-year term due to expire on 6/30/2010
Rick Davis for a 3-year term due to expire on 6/30/2010
Stuart McEntee for a 2-year term due to expire on 6/30/2009
Colleen Madigan for a 2-year term due to expire on 6/30/2009
George Reinhart for a 2-year term due to expire on 6/30/2009
Anne Ward for a 1-year term due to expire on 6/30/2008
Gordon Cushing (ex officio) for a 1-year term due to expire on 6/30/2008.
Second by Jon Witten. Vote: 3:0:0.
Ms. Sullivan mentioned that members who received the shorter terms should not be concerned as they can always be re-appointed when their term is up. We needed to re-stagger the terms so that not all the appointments are up at the same time.
ADJOURNMENT
Mr. Martecchini entertained a motion for adjourn at 8:38 PM, which was so moved by Ms. Sullivan. Second by Mr. Witten. Vote: 3:0:0.
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