Date: March 3, 2008
Date Minutes Approved: March 24, 2008
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair and Elizabeth Sullivan, Clerk.
Absent: Jon Witten, Vice-Chair.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; and C. Anne Murray, Department Secretary.
The meeting was called to order at 7:30 PM.
OPEN FORUM - No items were discussed.
PUBLIC HEARING: LAURA CARLETON FOR THE SO. SHORE CONSERVATORY/ Use of Millennium Town Green for Duxbury Music Festival
1. Event Permit for Town Green (July 17-21, 2008)
2. One-Day Liquor License (July 18, 2008)
Present to represent the South Shore Conservatory were Ms. Laura Carleton, Development Director and Ms. Mimi Janetty, a Trustee.
Mr. Martecchini explained since this involves use of the Millennium Town Green this is a public hearing and notification was mailed to the abutters.
Ms. Carleton described the Duxbury Music Festival, which is planned for July 17-21, 2008 and will focus on voice and piano.
On Friday, July 18th from 7 PM to 9:30 PM, the organizers are planning a ticketed event to include a wine & hors d’oeuvres reception followed by a concert of music from the American songbook featuring Duxbury Music Festival and South Shore Conservatory faculty. On Sunday, July 20th from 11 AM – 2 PM a free concert featuring student musicians will be open to the community.
Mr. Martecchini outlined the Departmental Conditions, including: the hiring of a paid Police detail for the reception, proof of Liquor Liability coverage in the amount of $ 1 million with the Town of Duxbury named as an additional insured prior to the event, and a Temporary Food Caterer’s permit from the Board of Health. Also discussed, was the issue of parking in the “Foodies” parking lot. Ms. Carleton indicated the parking has been discussed with Mr. Leon and he did not have any objection, but they do also have a call into the property owner.
Ms. Sullivan moved that the Board of Selectmen grant to Ms. Laura Carleton, as a representative of the South Shore Conservatory a One-Day Wine & Malt License for a Reception to be held on the Millennium Town Green on Friday, July 18, 2008 from 7:00 PM to 9:30 PM subject to the conditions previously outlined. Second by Mr. Martecchini. Vote: 2:0:0.
Ms. Sullivan moved that the Board of Selectmen grant to Ms. Laura Carleton, as a representative of the South Shore Conservatory, permission to hold a portion of the Duxbury Music Festival on the Duxbury Town Green from Friday, July 18 through Monday, July 21, subject to the following conditions:
1. That a tent permit be obtained from the Building Department, and that any platforms, staging or temporary structures be inspected prior to the
event. Arrangements for inspections may be made by contacting the Building Department.
2. Any signs advertising the event have sign permits through the Building Department.
3. Proof of General Liability Insurance Coverage for the South Shore Conservatory, naming the Town of Duxbury as additional insured, be provided
prior to the event (done).
4. Copies of contracts for portable toilets must be provided to the Board of Health prior to the event.
5. Tent installation must be coordinated with the Director of Lands and Natural Resources, to avoid any interference with the irrigation system.
Second by Mr. Martecchini. Vote: 2:0:0.
DISCUSSION OF ALL REMAINING TOWN MEETING ARTICLES
(Note: Some of the following articles were previously discussed. Where possible the Board of Selectmen (BOS) Minutes to review for additional information will be included. Also the following abbreviations will be use ATM for Annual Town Meeting and STM for Special Town Meeting.)
Present for discussion of these articles were:
Ms. Diane Bartlett (Chair) and Mr. Brendan Keohan of the Local Housing Partnership (LHP).
Ms. Holly Morris, (Chair) and Ms. Pat Loring of the Conservation Preservation Committee (CPC)
Mr. Ken McCarthy, Chair of the Finance Committee
Mr. Frank Mangione, Chair of the Fiscal Advisory Committee
Mr. Joe Grady, Conservation Administrator
Ms. Christine Stickney, Planning Director
ATM Article 27: Allocation Plan for Affordable Housing Trust
See BOS Minutes of 1/28/08 for additional information.
Mr. Martecchini provided some background information that this was established back in 2005. Developers may make a payment in lieu of affordable units and the funds would go into this Trust. As there are several projects coming to the stage where significant funds ($38,000. this spring and $1.3 million when the project is completed) this article is very timely. Mr. Martecchini explained that whatever money goes into the Affordable Housing Trust from payments in lieu of affordable housing units there must be an allocation plan in place so that the funds will be spent accordingly.
Ms. Stickney mentioned that in the Warrant the word “Fund” should have appeared after Duxbury Affordable Housing Trust, and this correction should be made in the motion at ATM.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 27, as presented. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 26: Fund Housing Assistance Program
See BOS Minutes of 1/28/08 for additional information.
Ms. Morris said that Ms. Diane Bartlett and Mr. Brendan Keohan of the LHP presented this article to the CPC. All parties understand that it is still in development, but the feeling among CPC members was that there are enough restrictions that the CPC felt comfortable enough with it to support the article. She noted that the funds don’t have to be spent within the year.
Ms. Sullivan asked some clarifying questions. The funds going into this Trust would be CPC funds, as such they will still require authorization by the Town Manager. Ms. Sullivan stated she is concerned that there is a lot of work yet to be done to get this program up and running. She further expressed concerns that once it is set up, it is going to require a paid administrator as it is a very complex and time-consuming task to administer such a trust.
There seemed to be general consensus that it will take some time before any funding can be made available. The program has been submitted for review and many of the previously expressed concerns are being addressed.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 26, as presented. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 8: Personnel Plan
Mr. MacDonald said that Town Meeting will be asked to authorize $129,800.00, which is applied to compensation of all non-union personnel.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 8, as presented. Second by
Mr. Martecchini. Vote: 2:0:0.
ATM Article 29: Revisit Right-to-Farm Bylaw
See BOS Minutes of 1/14/08 for additional details.
Present for discussion of this article was Mr. Jeffrey Chandler, Chair-Agricultural Commission.
Mr. Martecchini explained that this article was previously discussed. On further review, however, an opinion was just received from Attorney Robert Troy, Town Counsel, in which several concerns were cited. An overview of Town Counsel’s opinion was given and discussed. Of primary concern seems to be that the State has passed a similar Right–to-Farm measure, but there are slight variations in the wording and that might result in confusion as to which takes precedence.
Some hypothetical examples were given and discussed. Mr. Chandler indicated that the main intention of the Right-to-Farm bylaw is to increase awareness to individuals moving to the community that agricultural activities are supported by Duxbury.
The Board decided to leave their prior vote in support of this article as is, but Mr. Troy will be asked to clarify his opinion at Town Meeting.
ATM Article 12: Conservation Fund
See BOS Minutes of 1/28/08.
Having reviewed the budget further the recommended funding for the care and maintenance of conservation lands and other town-owned lands is recommended as $17,000., and this amount has been supported by the Finance Committee.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 8, as presented. Second by
Mr. Martecchini. Vote: 2:0:0.
ATM Article 17: CPC Operating Fund
See BOS Minutes of 1/28/08.
The Conservation Preservation Act allows up to 5% of the CPC funds to be used for administrative expenses; for cost such as salaries, surveying, permitting, etc. Any funds that are not used go back into the CPC fund. Article 17 seeks authorization for this and the amount being requested is $80,000., which includes $20,000. for salaries and the other $60,000. for ancillary costs.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 17, as presented. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 18: CPC Allocations
The Conservation Preservation Act was established for three designated purposes:
Open Space, Community (Affordable) Housing, and Historic Resources (Preservation).
The regulations require that a minimum of 10 % be allocated for each of the purposes. Town Meeting will be asked to raise and appropriate $552,000.00 with $184,000. allocated for each of the afore-mentioned purposes.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 18 in the total amount of $552.000. of which $184,000. will be allocated for each of the three designated purposes: Open Space, Community (Affordable) Housing, and Historic Resources (Preservation).
Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 19: Rescind Unused Funds (CPC)---possible re-vote
Mr. Grady indicated that the CPC is recommending Indefinite Postponement (IP) because there are funds to close out, but a Town Meeting vote is not needed. Ms. Morris, Chair of CPC, said the article was just included as a disclosure to the public. It was recommended that perhaps this information could be included in the CPC’s report to the Town instead.
Ms. Sullivan moved that the Board of Selectmen indefinitely postpone (IP) ATM Article 19. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 21: Tarkiln Reconstruction (update only)
Mr. Martecchini said that last year’s ATM authorized $1.2 million for the renovation/rehabilitation of the Tarkiln Building. Estimated project costs came in much higher than that; in the range of $2.1 million. Since the plans were already done it was decided to put out a RFP (request for proposals) to see what bids the market brings. The bids are due to be open on Wednesday, March 5th at 3 PM. Once the bids are known the Historical Commission will make a recommendation and the CPC will vote on it. The Selectmen will vote after hearing the CPC’s vote on it.
ATM Article 20: CPC Land Exchange (now easement only)
See BOS Minutes of 1/28/08.
This article was written to rectify a problem regarding a property on Congress ST. As further information was developed from the survey it was learned that a land swap was not required, but an easement is needed as the driveway of the neighbor’s house was actually on the parcel purchased by the Town, where the Habitat for Humanity house was built. It will be up to the Moderator and Town Counsel to determine if the article can go forward and that the appropriate language be in the motion.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 20. Second by
Mr. Martecchini. Vote: 2:0:0.
ATM Article 22: CPC Land Purchase (Winter Street)
See BOS Minutes of 2/11/08 for the overview and description of the property.
After describing the property, Ms. Morris mentioned that the “Oak Tree Lot” does contain some land that is in Kingston. She pointed out, however, the importance of securing this as a complete parcel to (a) protect the investment being made in the Duxbury portion, (b) control the land from development to protect the view, and (c) allow the continuation of an actively-managed farm.
In addition, they were able to negotiate for the Town of Duxbury the right-of-first refusal for the remainder of the Berrybrook School property, should that ever come up for sale in the future.
It was also noted that since the property is being sold by a charitable trust there will be no loss of tax revenue.
Ms. Morris stated the CPC has voted to approve ATM Article 22 in the amount of $2,163,000.00.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 22, as presented. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 23: CPC Land Purchase (Temple Street)
See BOS Minutes of 1/28/08 for the overview and description of the property.
Ms. Morris gave a description of the property and an overview of its environmental significance. The current owner / seller is the non-profit organization, Crossroads for Kids. She stated that the CPC had voted to support this article in the amount of $1,040,000.00, this includes additional money for administrative costs based on recent estimates received.
Ms. Sullivan moved that the Board of Selectmen support ATM Article 23, as presented. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 1: Reports of Officers and Committees
Mr. Martecchini explained that this is a standard article, which allows for the reading of reports by town officers and town committees. The Board is expecting reports from the CPC and from the Open Space and Recreation Committee.
Ms. Sullivan move that the Board of Selectmen support ATM Article 1, as presented.
Second by Mr. Martecchini. Vote: 2:0:0.
STM Article 1: Departmental Transfers
Mr. Madden indicated that there will be four departmental transfers requested. He is still waiting for final figures on two of them. The requests for departmental transfers include the following:
TO FROM REASON $ AMOUNT
Police Salaries Funding of the Quinn Bill $28,358.00
Accounting Salaries Funds required due to a
Retirement $25,000.00
Schools TBD
(Pending final figure from the School Committee / School Superintendent)
Water Enterprise Fund Birch ST Tank ~$245,000.00
(Pending final figure from the Water Superintendent)
Board decided not to vote until all the figures are known.
STM Article 2: Unpaid Bills (re-vote)
Mr. Madden indicated that an additional bill had been received from SEMASS in the amount of $2,173.81.
Ms. Sullivan moved that the Board approve STM Article 2, as amended. Second by Mr. Martecchini. Vote: 2:0:0.
ATM Article 14: Rescind Debt
Mr. Madden referred the Board to a handout in their packet. The dollar amounts shown were authorized at previous Town Meetings for specific projects. The projects have been completed and were done so for less than the amount authorized. This is a housekeeping article.
Mr. Martecchini read the amounts to be rescinded as follows:
School Facilities $20,000.
Dept. Equipment – Jaws (of Life) $ 100.
Building Alarms $16,000.
Seawalls $263,206.
TOTAL to be Rescinded: $248,100.
There was some discussion of the amount regarding the seawalls, and therefore it was decided to hold off on voting until Mr. Madden could obtain a further breakdown.
ISABELLE FREEMAN FUND
The Isabelle Freemen Trust Fund is a non-expendable trust that was established to maintain the bird sanctuary on Depot ST, as well as to provide ambulance services to the Town of Duxbury.
Chief Nord has requested a distribution from the Fund to partially fund AmbuPro ambulance software. Mr. Madden explained that this software records the entire ambulance trip, which allows for better inventory and billing. The recommendation by the Finance Director and the Treasurer was for a $15,000. disbursement from The Isabelle Freeman Fund with the remaining amount to be funded through the general fund. Although the Chief does not have any other immediate requests for funds from this Trust the amount was recommended based on the amount of time it takes for the Trust to earn funds.
The Selectmen discussed this and decided to increase the portion of the cost to be covered by disbursement from The Isabelle Freemen Trust Fund to $25,000., since this fund is specifically designated for ambulance service and in doing so it will preserve as much free cash as possible.
Ms. Sullivan moved that the Board of Selectmen authorize transfer of $25,000. From The Isabelle Freemen Trust Fund to partially fund the purchase of Ambupro software. Second by Mr. Martecchini. Vote: 2:0:0.
BUSINESS
Town Manager’s Brief
1. Constructions Costs for Feb. 2008 were $1,097,420.00.
2. Verizon FIOS: Mr. MacDonald said that his office has been receiving calls as to why we (the Town) are not allowing FIOS to be
installed in Duxbury. This is misinformation and he wanted to take this opportunity to clarify the situation.
A year or more ago the Town was given the indication by Verizon that they were planning to go ahead and put FIOS in Duxbury. Shortly thereafter, the Town received a letter from Verizon indicating that Verizon had changed “its business plan” and they would not be going forward with installing FIOS in Duxbury at this time. A few months ago the Town received a request from Verizon for GIS mapping information, which is used for advance planning purposes by the company.
Mr. MacDonald said that he has spoken to Verizon and the company has indicated to him that the Town of Duxbury is not on their radar screen as far as installing Verizon FIOS. In determining which communities Verizon installs FIOS in the company does use community demographics to make that business decision.
Mr. MacDonald said that Verizon has installed FIOS in Marshfield, and there is a small trunk line of Duxbury residences, who are connected via that trunk line. Again, he stressed it has been Verizon’s business decision not to install FIOS in the rest of Duxbury.
Announcements
Mr. Martecchini reminded residents that Annual Town Meeting will begin at 9:00 AM on
Saturday, March 8, 2008 at the Duxbury School’s Performing Arts Center, 73 Alden ST.
Minutes: February 25, 2008
Ms. Sullivan moved that the Board of Selectmen approve the Minutes of February 25, 2008, as presented. Second by Mr. Martecchini. Vote: 2:0:0.
Committee Appointments/Re-appointments – NONE.
EXECUTIVE SESSION
Mr. Martecchini moved that the Board of Selectmen go into Executive Session, in accordance with Massachusetts General Laws Chap. 39, Section 23B, to discuss strategy with respect to litigation since an open meeting may have a detrimental effect on the Town’s litigating position, and to reconvene in Open Session solely for the purpose of adjourning. Second by Ms. Sullivan. Roll call vote: Ms. Sullivan “aye”; Mr. Martecchini “aye”.
Ms. Murray was excused and left the room prior to the beginning of the Executive Session at
9:45 PM.
As reported by Mr. MacDonald, the business of the Executive Session was completed at approximately 10:07 PM. Ms. Sullivan moved to adjourn the Executive Session and to
re-convene in Open Session solely for the purpose of adjournment. Second by
Mr. Martecchini. Roll Call vote: Ms. Sullivan “aye”; Mr. Martecchini “aye”.
ADJOURNMENT
Mr. Martecchini moved for adjournment at 10:07 PM. Second by Ms. Sullivan. Vote: 2:0:0.
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