Date: January 28, 2008
Date Minutes Approved: February 4, 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; and C. Anne Murray, Department Secretary.
The meeting was called to order at 7:00 PM and at that time Mr. Martecchini and Ms. Sullivan were present. Mr. Witten arrived at 7:15 PM.
ENTER EXECUTIVE SESSION
Mr. Martecchini moved that the Board of Selectmen go into Executive Session to consider the purchase, exchange, taking, lease, or value of real property since an open meeting may have a detrimental effect on the negotiating position of the town, and to reconvene in Open Session in accordance with Massachusetts General Laws Chap. 39, Section 23B. Second by Ms. Sullivan. Roll call vote: Ms. Sullivan “aye”; Mr. Martecchini “aye”.
Having completed the business of Executive Session the Board of Selectmen reconvened in Open Session at 7:35 PM.
OPEN FORUM – No items discussed.
DISCUSSION RE: CONSULTANT FOR ISLAND CREEK DEVELOPMENT PROPOSAL
Present for this discussion was Ms. Christine Stickney, Duxbury Planning Director.
A preliminary discussion about this occurred at the Selectmen’s meeting on Jan. 14, 2008 and it was agreed that Ms. Stickney would draft a proposed scope of services for the Board to consider regarding a Ch. 40B Technical Review Assistance Grant, specifically for the Island Creek development proposal. Ms. Stickney gave the Board a “Proposed Scope of Services” with the recommendation that the MHP Consultant be Ms. Judith Barrett of Community Opportunities Group, Inc. Ms. Barrett is a Duxbury resident and highly regarded in the field.
Ms. Stickney summarized the proposed scope of services with 3 main points:
1. Ms. Barrett serve as the lead consultant of the project and assist Town staff and the Zoning Board of Appeals with the coordination of the additional consultants, as needed.
2. Ms. Barrett’s main focus would be to assist the Town Planner with efforts to protect the expiring use of the existing 106 units at Island Creek to assure that they continue to be counted towards Duxbury’s 10% Affordable Housing count.
3. Ms. Barrett work with the Town Personnel and the developer to facilitate implementation of a phased construction schedule in conjunction with the Town’s Planned Production Plan.
Mr. Witten opined that in general he is against taking MHP (Mass. Housing Partnership) funds for consultants as he does not believe that they are independent and unbiased. He did agree with Ms. Sullivan that Ms. Barrett’s work is well-known and above-reproach. He just objects to the money coming through MHP instead of 53 G funds or other sources. Given the size, expiring use concerns for this particular project, scope of services and the recommendation for the consulted to be Ms. Judith Barrett, Mr. Witten was more inclined to support an application for the grant.
Mr. Martecchini pointed out that both the Board of Selectmen and the Zoning Board of Appeals (ZBA) have to sign off on the application. So the decision is not solely the Selectmen’s and he would condition a motion “with the concurrence of the ZBA.”
Ms. Sullivan moved that the Board of Selectmen endorse the application for services for a Chap. 40B Technical Assistant, with concurrence of the Zoning Board of Appeals, in the amount of $10,000. from MHP and with the technical assistance to be offered by Ms. Judith Barrett of Community Opportunities Group, Inc. 129 Kingston ST, Boston.
Second by Mr. Witten. Vote: 3:0:0.
DISCUSSION OF TOWN MEETING ARTICLES PROPOSED BY THE LOCAL HOUSING PARTNERSHIP
[Note: Annual Town Meeting is abbreviated as ATM. Special Town Meeting is abbreviated as STM.]
For discussion of these articles members of the Local Housing Partnership (LHP) and Community Preservation Committee (CPC) were present, including Diane Bartlett (Chair-LHP), Brendan Keohan (LHP & CPC), Charles Rourke (LHP), and Holly Morris (Chair-CPC). Also present was Mr. Philip Mayfair, who was hired as a housing consultant, and worked on Duxbury Planned Production Plan.
· ATM: Land Purchase--Grange (with CPC)
Before getting into the details of the article Mr. Martecchini gave a brief overview of the properties being discussed. The properties include a town-owned, abandoned firehouse in need of significant work and on an adjacent parcel a grange building owned by the Massachusetts State Grange. For some time the Town has been considering purchasing the Grange so that together the two parcels could be put out to bid for a developer or non-profit (e.g., Habitat for Humanity) to renovate the buildings as single-family, affordable homes.
Mr. Brendan Keohan spoke about this article. The Purchase and Sale for The Grange has been signed. A solicitation of interest was put out to assure that there were prospective parties who would be willing to undertake the renovations, and five parties responded.
This article is seeking $70,000. of which $50,000. would be for the purchase of The Grange and $20,000. would be funds needed for due diligence, renderings, legal fees, etc.
Mr. Witten moved that the Board of Selectmen endorse article XXIV (as numbered in the draft warrant) for a purchase price of $50,000. [for the Grange property] and a total expenditure of $70,000. Second by Ms. Sullivan. Vote: 3:0:0.
· ATM: Housing Assistance Program:
This was an article defining the program itself. It was recommended by Town Counsel and the Planning Director that this article is not needed. The next article which involves the funding aspects needs to be discussed.
· ATM: Funding for Housing Assistance Program (with CPC)
Mr. Brendan Keohan introduced this article. He explained that this program is a mechanism to allow first-time buyers (FTBs), who meet with certain income criteria, to make it more affordable to buy an existing home in Duxbury versus creating new affordable housing stock.
Mr. Philip Mayfair, Housing Consultant, then spoke about some aspects of the program and gave a hypothetical example based on Duxbury’s statistics for <80% median income. In his example the FTB would be under the standard ratios used. Also, under the proposed plan the Town provides funds for a second mortgage situation for up to $50,000. To try to keep the home affordable sales of the property to another eligible FTB are encouraged. A sale to an ineligible buyer would allow the second mortgage to be recaptured.
This article seeks to allocate $500,000. to fund this program.
Members of the Board of Selectmen questioned a number of aspects of the plan. Of great concern was whether Dept. of Housing & Community Development (DHCD) would in fact count the units as affordable as nothing in writing confirms this and other communities have tried and failed to have similar units counted. In addition, the Board questioned the numbers presented and had concerns that while a FTB might qualify on paper other issues, such as maintenance and upkeep might make this risky. The legal rider the FTB signs would need to be researched and approved as to form by legal counsel. Accordingly, it was agreed to hold this article (in draft warrant as XXVI) until further research could be done and hopefully discuss it again when other zoning articles are presented at the end of February.
· ATM: Establish Affordable Housing Trust
Mr. Martecchini, who is the Board of Selectmen representative on the LHP, explained this article. He said that one of the problems the LHP has is the fact we work under a town-meeting form of government, which basically allows the town body to only vote and appropriate funding once a year. By establishing an affordable housing trust you would set up a board of trustees responsible for managing and doing affordable housing projects that would have more flexibility for taking quicker funding actions so opportunities are not missed. For example: A donation of house to be used for affordable housing, but the donor requires it be moved to another location. The donors are likely not willing to wait a year for the next town meeting for funds to be approved. Trustees, on the other hand, could expend the funds as
needed. Under this article it is proposed there be five trustees, appointed by the Selectmen. In the language of the article are a number of controls regarding the guidelines the trustees must follow. Town Counsel has approved this article as to form.
While open to it in concept, the Board discussed some of their concerns regarding this article, and it was agreed there are some aspects Town Counsel should review further for opinion. There was agreement the Board should hold on this article
· ATM: Allocation Plan for Affordable Housing Trust Fund (with CPC)
Mr. Martecchini explained that this article deals more with setting up an allocation plan for the funds.
Some general language recommendations were made by the Selectmen, but it was agreed that this article should be held and discussed again at the same meeting the previous article is brought back before the Board.
DISCUSSION OF TOWN MEETING ARTICLES PROPOSED BY THE COMMUNITY PRESERVATION COMMITTEE
Ms. Holly Morris, Chair of the Community Preservation Committee (CPC) presented the following CPC articles:
· ATM: CPC Operating Fund
This is an annual article regarding the funding of the administrative CPC account used for legal expenses, survey work, and/or site work, which allow the CPC to make decisions on projects. Historically the request was for $80,000. This year CPC was considering $65,000., but based on some recent discussions Ms. Morris would like to bring this back to the CPC for further evaluation of the amount of the request. Her recommendation is to hold on this article.
· ATM: CPC Allocations
This article addresses the split or allocation of the CPC funds into the three allowed areas: affordable housing, historical preservation, and open space. It is anticipated that there will be a drop in the State match from 100% to 60%. The forecasted amount available is $184,000. to be allocated to each of the three purposes, and the CPC recommends favorable action.
Mr. Witten moved that the Board of Selectmen vote to support article XXXVIII (as numbered in the draft warrant) in the sum of $184,000. for Chap. 44B, Section 6, Open Space, and $184,000. for Community Housing (Affordable) and $184,000. for Historic Preservation. Second by Ms. Sullivan. Vote: 3:0:0.
· ATM: Rescind Unused Funds
There is currently some money outstanding for several projects and an accounting issue with regard to transfer of the Delano property (well site). The only recommendation of the CPC is for $4391. to go back to the Water Enterprise Fund from the CPA account.
Ms. Sullivan moved that the Board of Selectmen support article XIX (as numbered in the draft warrant) to rescind money allocated for a specific project and transfer said money back to the Water Enterprise Fund in the amount of $4391 or take any action in relation thereto. Second by Mr. Witten. Vote: 3:0:0.
· ATM: Land Exchange
Mr. Joe Grady, Conservation Administrator, spoke about this article. Although it is not yet ready for a vote he gave an overview. When the Town was preparing documents for the Habitat for Humanity house it was discovered that the neighbor’s house and driveway was actually on the parcel the Town had purchased. To resolve this problem, it is being proposed to trade land at front of the property and an easement in exchange for a piece in the rear. We are waiting for proposal from his surveyor showing the piece to be exchanged. Need to hold on vote until we know what piece is offered in exchange.
· ATM: Land Purchase (Berrybrook School Property – Winter ST)
No discussion of this article as the land purchase is still in negotiations.
· ATM: Land Purchase (Crossroads for Kids Property –Keene/Temple Streets)
In Executive Session the Board voted to execute a Purchase and Sale Agreement for 106.3 acres off of Keene Street. Ms. Morris gave a description of the property location and its value as a critical link between Town-owned conservation land, species habitat, and aquifer protection. It has been targeted for acquisition for 40 years. The CPC is planning to set aside 3 acres for affordable housing. It also has a historical mill on it. So it fits all 3 aspects of CPC.
In Sept. 2007 it was valued at 1,030,000. The purchase price is $1 Million, but there will be some incidental costs to complete the transaction. The seller’s have agreed to postpone passing of papers until November 2008, but are requesting a $50,000. deposit as of July 15, 2008. This allows time for an application for a grant to be filed to recoup a significant portion of the cost. In the interim the property will be going through a 21E review (hazardous waste) to assure there are no major liabilities being assumed. CPC has not voted yet. It was recommended to that the Board go forward with signing the P&S Agreement, but to hold on voting on the article until a more exact dollar amount is known.
· ATM: Tarkiln Building
Ms. Lynn Devnew, the Historical Commission’s representative to the CPC, presented this article. As background, she mentioned that at the 2007 ATM the Town voted $1.2 million for a bare bones renovation to get the buildings back to useable status. In Oct 2007 the actual design work was complete but the estimate came in at $2.1 million. The additional costs are due to the recommendation of a basement under the south wing for structural purposes and new siding on the exterior. It has been put out to bid for the actual construction costs but the results will not be known until a few days before Annual Town Meeting (ATM). Recommendation is for approval of $1.2 million and in the interim do fundraising to cover additional costs in the range of $300,000. If bids come in too high CPC/ Historical
Commission will recommend indefinite postponement (IP) at ATM. Concern is to put it off would mean having to redo estimates. If this can’t go forward at ATM there may be a need to call for a Special Town Meeting in May –June.
DISCUSSION OF TOWN MEETING ARTICLES PROPOSED BY THE CONSERVATION COMMISSION
· ATM: Conservation Fund
Mr. Joe Grady, Conservation Administrator, presented this article.
He explained that historically it has taken $20,000. per year to manage the Town’s conservation land. This year there was balance of $3,000. so the request amount is $17,000. In budget discussion it sounds as if only $10,000. will be available. This would mean reduction in summer interns to maintain areas and in management items such as fence rails, gravel at parking areas, printing of maps and surveys. He pointed out the Town conservation land includes 25 miles marked and mapped walking trails, 6 working bogs,
5 hay fields , 300 acres behind town hall so a total of about 3000 acres to be maintained.
Mr. Grady suggested to the Board that rather than have this as an annual budget request, which risks reduction each year esp. in tight fiscal times, the Board consider funding it with its own operating budget.
A vote was not taken on this article as the Town Manager agreed to work on the budget and come back to the Board with a recommend dollar amount.
DISCUSSION OF TOWN MEETING ARTICLE REGARDING THE ECONOMIC ADVISORY COMMITTEE
The 2004 ATM established the Committee and the Board was considering disbanding it as there have been quorum issues lately. The Board discussed this and decided that there may still be projects for the Economic Advisory Committee to consider and perhaps with specific charges and new members the Committee could still be viable. In response to an inquiry, the Board clarified that members could be a designee of the represented Boards versus actual members of the Boards. Therefore, the recommendation is that this article be deleted from the 2008 ATM Warrant.
Mr. Witten moved that the Board delete article XXXIV (as numbered in the draft) in the 2008 ATM warrant. Second by Ms. Sullivan. Vote: 3:0:0. Although the motion was made and passed, it was determined the warrant needed to be opened first so it was re-voted later.
ESTABLISH ORDER OF ANNUAL TOWN MEETING WARRANT
Mr. Martecchini moved to open the 2008 ATM warrant. Second by Ms. Sullivan. Vote: 3:0:0.
The Board then discussed and set the order of the articles in the 2008 Annual Town Meeting Warrant.
EHS moved that we remove from the 2008 ATM warrant article XXV (as numbered in the draft warrant) Housing Assist program. Second by Mr. Witten. Vote 3:0:0.
Mr. Witten moved that the Board of Selectmen delete article XXXIV (as numbered in the draft), regarding disbanding the Economic Advisory Committee, from the 2008 ATM Warrant. Second by Ms. Sullivan. Vote: 3:0:0.
Ms. Sullivan moved that we record the articles as previously-stated and close the ATM Warrant to be held on March 8, 2008. Second by Mr. Witten. Vote 3:0:0.
BUSINESS
TOWN MANAGER’S BRIEF
Mr. MacDonald reported on two items this evening:
1. Pay-As-You-Throw (PAYT): The Town did receive a DEP Technical Assistance Grant, which will provide for 10 hours to oversee and assist with the PAYT bag ordering process, 30 hours to assist with the implementation process, and 30 hours to assist with the start-up process.
2. Mr. Tom Daley, DPW Director: Mr. MacDonald reported that Mr. Daley has verbally given him notice of his resignation. Mr. Daley was offered and has accepted the position of DPW Commissioner in the Town of Newton. His final day actively working in Duxbury will be in mid-February, but he will remain on the books as he has offered to come to Town Meeting to assist with any presentations or questions. Mr. MacDonald expressed that he will be sorry to see Mr. Daley go as he has been a pleasure to work with and a good employee, but he was the first to congratulate Mr. Daley on this new opportunity. Comments from the Board echoed that sentiment and all wished Mr. Daley well.
Mr. MacDonald did mention he will be working on a plan for interim management and for the forming of a committee to hire a successor to Mr. Daley.
ANNOUNCEMENTS
1. 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.
2. Local Housing Partnership Forum: On Thursday, February 7, 2008 at 7:30 PM at the Duxbury Senior Center in the Ellison Room. The Forum is a public meeting to inform Duxbury residents about the housing articles on the Annual Town Meeting warrant. If you would like to know more or have questions you are invited to attend.
MINUTES
Ms. Sullivan moved that the Board of Selectmen approve the Minutes of January 22, 2008, as written. Second by Mr. Martecchini. Vote: 2:0:1 (Mr. Witten abstained as he was not in attendance at that meeting.)
COMMITTEE APPOINTMENTS/RE-APPOINTMENTS – None
BONUS SHELLFISH SEASON (FOR FEBRUARY ’08)
Mr. Witten moved that the Board of Selectmen declare a bonus shellfishing season for the month of February 2008 for the following:
1. for the commercial harvesting of soft-shell clams; and
2. for the commercial harvesting of quahog clams; and
3. for the recreational harvesting of soft-shell clams,
all pursuant to the attached regulations. Second by Ms. Sullivan. Vote: 3:0:0.
ADJOURNMENT
Mr. Martecchini moved to adjourn the meeting at approximately 10:15 PM.
Second by Ms. Sullivan. Vote: 3:0:0.
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