Date: January 14, 2008
Date Minutes Approved: January 22, 2008
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; Jon Witten, Vice-Chair, and Elizabeth Sullivan, Clerk.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director, C. Anne Murray, Dept. Secretary.
Per Mr. Martecchini the meeting was called to order at 7:30 PM.
OPEN FORUM – nothing discussed
DUXBURY OPEN SPACE COMMITTEE: OPEN SPACE SURVEY RESULTS / Mr. Scott Zoltowski, Chair of the Open Space and Recreation Committee
Mr. Zoltowski summarized the results of a Community Survey the Open Space and Recreation Committee developed, distributed and tabulated in 2007. The purpose of the survey was to learn Duxbury residents’ current priorities as they related to 4 topics:
(1) Open Space, (2) Recreation, (3) Historic Preservation, and (4) Affordable Housing.
The results will be used for a variety of town uses, including the required five-year update of the Duxbury Open Space and Recreation Plan.
Slightly over 7000 surveys were mailed and 1300 replies were received, which was about an 18% return. The survey was divided into 2 parts: The first part addressed residents’ usage of and opinions about the town’s open space and recreation resources. The second part addressed residents’ feelings about the Community Preservation Act (CPA) and the various topics under the Community Preservation Committee’s (CPC’s) purview.
The survey is extensive and includes tabulated results and individual comments made.
Copies of the complete survey will be available at the Duxbury Free Library.
Mr. Martecchini mentioned he reviewed the comments and he was surprised by how many of the comments were factually wrong about Town policies and/or procedures. He feels that the Selectmen and other committees need to provide more public education.
Mr. Witten suggested that the plan be sent to the Planning Board for adoption because there is a provision in the 40B regulations that give an Open Space Plan greater priority if it is adopted by the Planning Board vs. the Conservation Commission.
When asked about the schedule for submission of the Open Space Plan. Ms. Pat Loring, CPC member, said a draft should be sent into the Commonwealth in about two weeks. There have been a lot of comments from the land use boards. There will be opportunity for public comments later in the process.
DISCUSSION OF TOWN MEETING ARTICLES
Fourth of July / Ms. Maggie Kearney, Co-Chair of the 4th of July Committee.
Ms. Kearney gave the Board a short summary of last year’s financial report. Last year’s activities were funded by $23,933. in donations to the Margery Parcher Fund plus a $10,000. appropriation from town meeting. After $32,937. in expenses the remaining balance was $1,045. So the 4th of July Committee is again requesting an appropriation of $10,000. from town meeting. The Board indicated that amount was included in the budget.
Mr. Witten moved that the Board of Selectmen support Article # XIV (as numbered in the draft warrant) as written, which is a $10,000. line item amount for the 4th of July parade and ceremony. Second by Ms. Sullivan. Vote: 3:0:0.
Duxbury Beach Lease / Ms. Maggie Kearney, President of the Duxbury Beach Reservation, Inc.
The Duxbury Beach Reservation, Inc. owns the Duxbury Beach and leases it to the Town. Mr. Martecchini indicated the lease amount was $400,000. last year and will be again and this amount has been budgeted.
Ms. Kearney gave a brief overview of what the money is used for regarding the maintenance and monitoring at the beach.
Mr. Witten moved that the Board of Selectmen vote to endorse Article #XIII, as printed in the draft warrant, for $400,000., which is money to lease of the Duxbury Beach from the Duxbury Beach Reservation, Inc. Second by Ms. Sullivan. Vote: 3:0:0.
Right-to-Farm Bylaw / Mr. Jeff Chandler, Chair of the Agricultural Commission
Mr. Chandler explained the Commission is putting together a tri-fold informational brochure to explain the Right-to-Farm bylaw. In the process of developing it the Agricultural Commission reviewed other towns’ versions to come up with their proposal for Duxbury. Massachusetts has already adopted a Right-to-Farm by-law. Passing this article would make newcomers to the community more aware of it through postings.
As stated in the by-law “The purpose and intent of this by-law is intended to encourage the pursuit of agriculture, promote agricultural-based economic and employment opportunities, and protect farmland within the Town of Duxbury.”
Ms. Sullivan moved that the Board of Selectman support Article # XXXIII (as numbered in the draft warrant), otherwise known as the “Right-to-Farm by-law”. Second by Mr. Witten. Vote: 3:0:0.
Nuclear Advisory Committee / Fire Chief Kevin Nord & Ms. Mary “Pixie” Lampert
Fire Chief Kevin Nord explained the background of how and why the list of emergency services equipment was initiated. The list will be used in negotiations with Entergy. The items listed in the article are the priority needs at this time.
Ms. Pixie Lampert stated that Duxbury has special emergency planning needs because of its proximity to the Pilgrim Nuclear Power Station. There are certain essential emergency needs that should be compensated by the licensee, Entergy. The prioritized list was developed to be used in negotiations with the licensee with the intention that it be updated annually. Passing of the article is not seeking funding but requesting that the Town Clerk notify the indicated individuals / agencies of Duxbury’s essential needs, which it is hoped will help with to obtain funding of these essential safety needs.
Ms. Sullivan moved that the Board of Selectman support Article # XLIV (as numbered in the draft warrant) for essential safety needs outlined by the Duxbury Emergency Management Agency and the Duxbury Nuclear Advisory Committee. Second by Mr. Witten. Vote: 3:0:0.
Public Safety Building Committee / Mr. Neil Johnson, Chair of the Public Safety Building Feasibility Committee
Mr. Neil Johnson, Mr. Dennis Nolan, Fire Chief Nord, Deputy Chief West, and Mr. Frank Mangione of the Public Safety Building Feasibility Study Committee (PSBFSC) were all present for discussion of this article.
PSBFSC reviewed a number of sites and narrowed it down to six sites. The reports handed out explain why some of the sites were not chosen. Originally the PSBFSC considered a combined facility, but after further review it was determined that none of the available sites were large enough for a combined facility.
The final sites chosen are:
Fire Station: To remain at its current location.
Police Station with a Harbormaster boat storage facility: To be built on a Town-owned 9.74 acres lot at the intersection of Rt. 3 & Rt. 14.
A brief overview of the two sites was given. A schematic floor plan of the Police facility should be available shortly. The plans have been based on the minimum needs but also have taken into consideration the growth in the Police Department. In addition, in preparing the floor plans current requirements for separate “by sight and sound” holding facilities; not just for male and females, but also for adult and juvenile populations, were included.
Mr. Martecchini, who is also on the PSBFSC, added that a single-floor facility was preferred because it eliminated the need for elevator systems, which would be required in a multiple-story building and which are a significant maintenance expense.
With regard to the Fire Station the main point was that the plans are being developed in such a way that the existing facility can continue to operate throughout the construction of the new facility. Financially this will be more cost effective than having to house a facility and living quarters elsewhere while a tear down and new facility is built.
For each facility the PSBFSC is seeking funding for architectural design and engineering design, and construction bid documents for the renovation and/or construction of public safety facilities. The combined fee and extra services costs are $500,000. for each facility for a total of $1 million. The total projected costs are $16 million. So the residents should understand that there will be a need to fund the construction costs ($15 Million) next year.
The rest of the discussion revolved around whether the proposal should be presented as one article for both facilities or as separate articles for each facility, and the funding mechanisms to be used. A debt exclusion was suggested because of the large sum involved for the overall project. The PSBFSC felt it would be best to fund it as a debt exclusion, which would not only require passage at town meeting but then require it to be on the ballot for the public to authorize the borrowing.
Ms. Sullivan moved that the Board of Selectmen support Article # XXXI (as numbered on the draft warrant) to see if the Town will vote to raise and appropriate, transfer or borrow under the direction of the Town Manager for architectural and engineering design, and construction bid documents for the renovation and/or construction of Public Safety Buildings, including a central Fire Station, Police Station, and Harbormaster storage facility, through a debt exclusion the amount of $1 million. Second by Mr. Witten Vote: 3:0:0.
Mr. Martecchini announced Public Meetings / Presentations of Proposed Police and Fire Stations to be held on two consecutive evenings:
Tuesday, January 29th (Police Station-Harbormaster Storage Facility) and
Wednesday, January 30th (Fire Station)
Both at 7:30 PM in the Ellison Room at the Duxbury Senior Center.
Residents in the neighborhoods where the proposed stations are to be sited will be notified by Reverse 911, but the meetings are open to anyone to attend.
DISCUSSION RE: TOWN MEETING WARRANTS
Ms. Sullivan moved that the Board of Selectmen open the warrant for the Annual Town Meeting to be held on Saturday, March 8, 2008 at the Duxbury Schools Performing Arts Center and further to open the Special Town Meeting warrant to be held at 9:10 AM on the same date and at the same location. Second by Mr. Witten. Vote: 3:0:0.
NOTE: HEREAFTER THE FOLLOWING ABBREVIATIONS WILL BE USED: ANNUAL TOWN MEETING WILL BE ATM AND SPECIAL TOWN MEETING WILL BE STM.
Mr. Martecchini mentioned that there was a meeting in which the Selectmen, Town Moderator, Town Manager, Town Counsel, Finance Director, and Finance and Fiscal Advisory Committee Chairs, and Executive Assistant reviewed the proposed warrants. From that meeting came several recommended changes.
The Board then began a discussion of several articles:
STM Article “E” pertaining to amending Section 603.5 of the Duxbury Protective Bylaw (Parking Design Standards)
Mr. Martecchini explained the article was filed after the deadline for ATM, and therefore it was put on the STM warrant. The planning board requested Article “E” be moved to the ATM warrant so that it could be discussed when the other land board / zoning articles are discussed by the Town body.
Mr. Witten moved that the proposed STM article “E” pertaining to amending Section 603.5 of the Duxbury Protective Bylaw (Parking Design Standards) be moved to the 2008 ATM warrant. Second by Ms. Sullivan. Vote: 3:0:0.
Remove ATM warrant article “VIII” (as numbered in draft warrant)
Mr. MacDonald explained that the intent was to separate those items that were under the $10,000. threshold set for what were established as “Capital Items” and to review the less than $10,000. items as a separate article. Mr. Bornheimer, the Town Moderator, felt that would be too substantive a change and that they should remain as part of the Capital Budget under article VI of the ATM warrant.
Mr. Witten moved that the proposed 2008 ATM warrant article “VIII” pertaining to the purchase of departmental equipment be removed from the warrant.
Second by Ms. Sullivan. Vote: 3:0:0.
2008 proposed ATM warrant articles “X” (pertaining to tuition reimbursement language) and
“XI” (pertaining to changes recommended by DI Jacobs Consulting) in the Personnel Plan
Mr. Martecchini explained it is believed these articles are not needed. Article IX in the 2008 ATM warrant proposes to replace the Personnel Plan with a revised Personnel Plan and the language regarding tuition reimbursement and the changes recommended by DI Jacobs Consulting are in the revised Personnel Plan.
Mr. Witten moved that the proposed 2008 ATM warrant articles “X” and “XI” relating to tuition reimbursement and to changes recommended by DI Jacobs Consulting respectively, both be removed from the warrant. Second by Ms. Sullivan. Vote: 3:0:0.
Add article to the 2008 ATM warrant pertaining to the sale of a Town-owned parcel of land (Parcel ID 160-500-039)
Mr. Madden, the Finance Director, explained that the parcel in question is a piece of property on Bay Road that was conveyed to the Town for $1. in 1976. The Finance Team is looking to gather some pieces of Town-owned property and potentially auction them. This particular parcel would be auctioned to (a) gain some revenue and (b) to attract interest in the auction as the other parcels are slivers of minimal value to anyone but the abutters. The above-numbered parcel is approx. 1.1 acre of land. This property is assessed at $400,000.,
Mr. Witten questioned if there were contingencies / conditions on the gift. Mr. Madden responded the parcel is a buildable lot for a single-family residence with a detached garage, if allowed. Beyond that Mr. Madden was not aware of any other conditions, but it needed to be researched further.
Ms. Sullivan agreed with Mr. Witten that those aspects need to be researched further, but tonight’s vote would be just to put it on the warrant. If it is subsequently learned there are reasons not to go forward with this, then the Board could recommend Indefinite Postponement (IP) at the ATM.
Mr. Witten expressed concerns about selling Town-owned land that might be in the Town’s best interest to keep for an open space corridor, for affordable housing or because it has other inherent value. He said felt it would be a better approach to review those matters first versus risk losing control of a parcel via a Town Meeting vote.
Mr. Witten moved that an article pertaining to the sale of a Town-owned parcel of land (Parcel ID: 160-500-039) be added to the 2008 ATM warrant. Second by Ms. Sullivan.
Vote: 2:0:1. (Mr. Witten voted “nay”.)
Ordering of the STM articles:
Mr. Martecchini said it was suggested that the articles appear in the following order:
Article 1: Departmental Transfers
Article 2: Unpaid Bills
Article 3: Collective Bargaining Agreements
Article 4: Stipend for Town Clerk Certification
Article 5: Evergreen Well Rehabilitation
Article 6: Telephone Systems for Various Town Departments
Article 7: Addition to the Stabilization Fund
Article 8: Appropriation in anticipation of State Highway Fund
Ms. Sullivan moved that the Board of Selectmen number the Special Town Meeting warrant (articles) as prescribed above. Second by Mr. Witten. Vote: 3:0:0.
The Board agreed to hold off on number the ATM articles until tonight’s changes could be incorporated into an updated draft.
WARRANTS CLOSED.
Ms. Sullivan moved that the Board of Selectmen close the Special Town Meeting warrant to be held on Saturday, March 8, 2008 at 9:10 AM with the articles as listed previously and further to close the warrant for the Annual Town Meeting to be held on the same date at 9:00 AM Saturday, March 8, 2008 at the Duxbury Schools Performing Arts Center. Second by Mr. Witten. Vote: 3:0:0.
DISCUSSION OF ISLAND CREEK LETTER TO MASS HOUSING
Ms. Christine Stickney, Planning Director, and Ms. Diane Bartlett, Chair of the Local Housing Partnership (LHP) were present for discussion of this matter
Mr. Martecchini explained the Board discussed with the developer over the years to expand the housing at Island Creek, the development near Exit 10 off Tremont ST. The developer is now prepared to do so. He has filed an application with Mass Housing and is seeking eligibility from Mass Housing for the expansion to be considered a 40B development. He is requesting a housing eligibility letter. The Board received correspondence from Mass Housing about the filing and has until January 17, 2008 to submit comments.
An initial draft of a reply was prepared by Ms. Stickney based on comments made during a Development Review Team meeting. Both Mr. Witten and Mr. Martecchini made subsequent revisions. The Board discussed the latest version of the draft document. The only amendment was to delete a phrase in the Commercial Development section and then there was agreement to send the letter under the Chair’s signature only.
Mr. Witten moved that the Board send the letter [to Mr. Antonio Torres, Development Officer, Massachusetts Housing Finance Agency regarding Island Creek Village North MH #SA-07-010; Project Eligibility Comments] as slightly amended to be signed by the Chair on behalf of the Board. Second by Ms. Sullivan. Vote: 3:0:0.
Ms. Stickney asked the Board if they had made any decision with respect to obtaining a Mass. Housing Partnership Technical Assistance Grant for a housing consultant to assist with review of the Island Creek Expansion. After discussion it was agreed that Ms. Stickney should draft a scope of what the consultant’s duties would be and the Board would discuss it further at a future meeting.
BUSINESS
ONE-DAY LIQUOR LicensE: Charles Leonard for Duxbury Bay Maritime School: Retirement Party for Ned Lawson on January 27, 2008
Ms. Sullivan moved that the Board grant to Mr. Charles Leonard, as a representative of the Duxbury Bay Maritime School, a One-Day Wine & Malt License to hold a retirement party on January 27, 2008 from 6:00 PM to 8:00 PM at the Duxbury Senior Center, contingent upon a police detail be arranged through the Duxbury Police Department and the fire exits be announced at the beginning of the event. Second by Mr. Witten. Vote: 3:0:0.
TOWN MANAGER
Mr. MacDonald mentioned two items:
1. Pay-As-You-Throw: Letters have been sent to an number of Duxbury stores and will be going out to stores in surrounding towns soliciting their willingness to sell the PAYT bags. He also mentioned that he signed an agreement with a supplier of the bags.
2. Operational Services Division (OSD) – Procurement Training in Duxbury:
Mr. MacDonald announced that he had received a letter from the Operational Service Division, which is the division that oversees procurement or what is commonly called the “State’s Bid List”. OSD is scheduling a training session in Duxbury to provide an overview of their services. He will let the Selectmen know when this has been scheduled.
ANNOUNCEMENTS
1. Presidential Primary Registration: JANUARY 16, 2008 will be the last day to register to vote and/or to change party affiliation for the Presidential Primary on February 5, 2008. The Town Clerk’s office will be open until 8:00 PM on January 16, 2008 to accommodate voters.
FOR UNENROLLED VOTERS: If you are registered as “Unenrolled”, you may choose either the Democrat or Republican ballot at the primary. “Unenrolled”, voters do not need to fill out a change card after voting. They will remain registered as an “Unenrolled” voter.
2. Robert Burns Celebration: The Duxbury Cultural Council is hosting an evening of traditional Scottish music, poetry and food on Saturday, January 26th from 7 PM -10 PM at the Senior Center. This is a fundraiser for the Duxbury Cultural Council. Tickets are $30. and are available at Westwinds Bookshop, Entrée Vous or from Duxbury Cultural Council members.
3. Public Meetings / Presentations of Proposed Police and Fire Stations:
Members of the Public Safety Building Feasibility Study Committee will be holding meetings open to the public regarding the siting /design of the proposed public safety buildings. The meetings will be on two consecutive evenings as follows:
Presentation on Police Station Proposal~~~~on~Tues., Jan. 29~~ ~~~~ @ 7:30 PM~
Presentation on Fire Station Proposal ~~ on~Wed., Jan 30~~~~ ~~~ @ 7:30 PM~
Both meetings are scheduled to be in the Ellison Room at the Duxbury Senior Center.
Residents in the neighborhoods where the proposed stations are to be sited will be notified by Reverse 911, but the meetings are open to anyone to attend.
MINUTES
Ms. Sullivan moved to approve the January 7, 2008 Minutes, as presented. Second by
Mr. Martecchini. Vote: 2:0:1. (Mr. Witten abstained as he was not at that meeting.)
Committee Appointment(s)/Re-appointment(s) OR RESIGNATION(s)
The Board has received and accepted the resignation of Mr. Jim Lampert, Chair of the Board of Appeals. A letter expressing their thanks to Mr. Lampert for his many years of service will be sent.
BONUS SHELLFISH SEASON (Oysters)
Ms. Sullivan moved that the Board of Selectmen approve a temporary Bonus Shellfish Season for the recreational harvesting of Oysters for January 16th, 23rd, and 30th on Wednesdays only with a bag limit as prescribed in the Shellfish Rules and Regulations at six (6) quarts per week per family permit. (See Regulations attached). Second by
Mr. Witten. Vote: 3:0:0.
ENTERED EXECUTIVE SESSION
Mr. Martecchini made a motion to go into Executive Session to discuss personnel issues [i.e., consider the discipline or dismissal of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual in accordance with Massachusetts General Laws, Chapter 39, Section 23b] and to reconvene in Open Session solely for the purpose of adjournment. Second by Ms. Sullivan. Roll call vote: Mr. Witten: “aye”; Ms. Sullivan “aye”; Mr. Martecchini “aye”.
Ms. Murray exited the meeting along with the public.
ADJOURNMENT
Per Mr. MacDonald at 10:10 PM Mr. Witten made a motion to adjourn. Second by
Mrs. Sullivan. Vote: 3:0:0.
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