Date: February 11, 2008
Date Minutes Approved: February 25, 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. Town Counsel Robert Troy was also in attendance.
The meeting was called to order at 6:30 PM.
ENTER EXECUTIVE SESSION
As reported by Mr. MacDonald: Mr. Martecchini moved that the Board enter Executive Session in order to discuss personnel matters and 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: Mr. Witten “aye”; Ms. Sullivan “aye”; Mr. Martecchini “aye”.
RE-CONVENED IN OPEN SESSION
At 7:30 PM, when the business of the Executive Session ended, the Board reconvened in Open Session. Mr. Martecchini explained the Board had been in Executive Session to discuss personnel matters and a matter concerning Real Property.
Mr. Martecchini then announced that the Board in the Executive Session executed a Purchase and Sale Agreement for a property at the Berrybrook School. Ms. Holly Morris, Chair of the Conservation Preservation Committee (CPC) gave a brief overview of the property involved:
· It is located off of Winter Street and is owned by the Lucretia Prentiss Bailey Foundation. The property is just beyond the O’Neil Farm. It consists of 2 parcels, for purposes of discussion, the “North Parcel” and the “Oak Tree Parcel”
· North Parcel is on the right side approx. 13.3 acres with 683’ of frontage. It is an open field.
· Oak Tree Parcel is on the left side. It is a large open field with an oak tree in the middle. It is approx. 27.4 acres of which about 10.5 acres are in Duxbury and 16.97 are in Kingston. It has 1000’ of frontage on the Duxbury portion.
· Duxbury has also secured a right-of-first refusal on the remaining land underneath the Berrybrook School property should it ever come up to for sale.
· Importance of this land is for its aesthetic value. It is an open field habitat. North Parcel abuts O’Neil Farm.
· In the Oak Tree Parcel the value of that property is the Duxbury land because it sits on the frontage on Winter ST. The Kingston portion is backland, but if that portion is developed it would defeat the purpose of maintaining this open space. Ms. Sullivan pointed out that the consideration for the Kingston land is the perpetual care of the land as the Duxbury land is being cared for.
· This property has been under consideration for purchase and protection for decades.
· The owner is a charitable trust so there is no loss in tax revenue.
· Assessed value is $2.3 million and the purchase price was negotiated as $2.1 million.
OPEN FORUM - No items were discussed.
DISCUSSION OF TOWN MEETING ARTICLES
[Note: Abbreviations used: ATM means Annual Town Meeting and STM means Special Town Meeting.]
Ms. Sue Skeiber, Superintendent of Duxbury Schools, and members of the School Committee were present for discussion of these items.
§ ATM Article 5: Operating Budget
Mr. Madden, the Finance Director, said the final FY09 recommendation from the Town Manager is a total of $54,136,816. for the Operating Budget and $2,813,627. for the Water Enterprise Fund. He also stated that the Finance Committee recommendation does mirror the Town Manager’s recommendation.
Ms. Sullivan moved that the Board of Selectmen support Article #5, as present by the Town Manager. Second by Mr. Witten. Vote: 3:0:0.
§ ATM Article 6: Capital Requests
Mr. Martecchini gave the departmental breakdown:
General Government $ 71,879.
Public Safety $128,070.
DPW $187,000.
Library & Recreation $ 8,000.
School Dept. $250,000.
TOTAL: $644,949.
Water Enterprise Fund: $720,000. proposed (The Fiscal Advisory Committee has not voted yet.)
Mr. Martecchini recognized the Superintendent of Schools, Ms. Sue Skeiber. Ms. Skeiber said currently there is a shortfall in their FY08 budget (i.e., for this academic year) of $595,000. due to a variety of reasons (such as out-of-district students, foster children new to the school system, special needs costs, etc.). She said the School Dept. would like to move the School Dept. $250,000. proposed capital request amount to Article #7 Capital Exclusion.
Mr. Martecchini said that amount would then have to be included on a ballot question.
Due to statutory and printing timeframes the ballot questions have to be voted on by the Selectmen tonight.
The Board discussed with the Superintendent and the School Committee members present several options and what those options would mean.
Mr. Troy, Town Counsel, was also asked to clarify some language with respect to the ballot questions. His recommendation was to follow the statutory language to maximize certainty of it not being challenged. Mr. Troy further explained that what the ballot questions does is provide “authorization” for the assessment of additional real estate and personal property taxes, but does not require the assessment should the full amount not be needed.
Mr. Witten moved that the Selectmen support (ATM) Article #6 Capital Project Requests in the total amount of $394,949. for the General Fund. Second by Ms. Sullivan. Vote: 3:0:0.
Mr. Witten moved that the Selectmen support (ATM) Article #6 Capital Project Requests in the total amount of $720,000. for the Water Enterprise Fund. Second by Ms. Sullivan. Vote: 3:0:0.
§ ATM Article 7: Capital Exclusion Items
Ms. Sullivan moved that the Board approve (ATM) Article #7, Capital Exclusion Items, for a total amount of $911,400. Second by Mr. Witten. Vote: 3:0:0.
VOTE TO INSERT BALLOT QUESTIONS (DEBT & CAPITAL EXCLUSIONS) FOR MARCH 2008 ELECTION
Mr. Martecchini read the three ballot questions as they are to be presented on the ballot:
QUESTION #1 CAPITAL EXCLUSION
Shall the Town of Duxbury be allowed to assess an additional $911,400.00 in real estate and personal property taxes to purchase capital items for the Town and School Department, as voted under Article 7 at the 2008 Annual Town Meeting, for the fiscal year beginning July 1, 2008?
QUESTION #2 DEBT EXCLUSION
Shall the Town of Duxbury be allowed to exempt from the provisions of proposition two and one-half, so called, the amounts required to pay the bond issued in order to fund the architectural, engineering and design services, including construction bid documents, for the renovation and improvement or reconstruction of Public Safety Buildings, consisting of a fire station and/or a police station?
QUESTION #3 DEBT EXCLUSION
Shall the Town of Duxbury be allowed to exempt from the provisions of proposition two and one-half, so called, the amounts required to pay the bond issued in order to fund the architectural, engineering and design services, including construction bid documents, for the renovation and improvement of the Percy Walker Pool?
Before voting on the ballot questions Ms. Sullivan made sure the School Committee understood that once this is voted it will be that way on the ballot and can’t be changed due to requirements to get the ballots printed.
Mr. Madden was asked to explanation Capital Exclusion vs. Debt Exclusion. He explained:
· They are both forms of an override.
· They differ in duration:
A Debt Exclusion will last for the length of the bond the Town takes out to complete the project. So if the bond is for 15 years then the Debt Exclusion lasts 15 years.
A Capital Exclusion is a one-time assessment generally for smaller items (i.e., books, equipment, trucks, etc.) that you don’t want to want to drag out the expense, but rather to pay cash for those items.
· Both require approval by the Board of Selectmen to place the question on the ballot. Both, Capital Exclusions and Debt Exclusions, then go to Town Meeting and the Town Meeting body, in its role, approves expenditures for the Town by majority.
· How they differ is for a Debt Exclusions, Town Meeting is authorizing the Town to borrow money and requires a 2/3 majority vote versus just a majority vote.
· So both have to pass two steps: (a) passing at Town Meeting and (b) getting the required % support by the voters on the ballot.
Mr. Martecchini then entertained a motion to move the ballot questions as read. So moved by Ms. Sullivan. Second by Mr.Witten. Vote: 3:0:0.
§ ATM Article 21: Tarkiln Building
Ms. Barbara Kiley and other members of the Historical Commission were present for this item of business. Ms. Kiley also introduced Ms. Deborah Durland, the architect from Durland, Van Voorhis Architects, who has been working on this project. Also present in the audience were members of the Friends of the Tarkiln.
A PowerPoint presentation was given to illustrate Ms. Kiley’s comments highlighting the Tarkiln Building and why it is felt to be historically important.
Then the presentation was turned over to Ms. Durland, who described her drawings and the proposed plans for restoration of the Tarkiln Building. Handouts of the projected costs and a proposed budget were given to the Board for consideration. It was noted that there were a number of costs (supplies, janitorial, insurance costs, etc.), which were not included in the projected budget handout. Ms. Durland, answered questions and discussed the projected costs with the Board and the audience.
Of concern is that the 2007 ATM based project costs at $1.2 million, the more recent total project costs have come in at an estimated $2.2 million. The invitation to bid has been advertised but the bids are not due in until March 5, 2008 so actual costs will not be known until just prior to the March 10th ATM.
The CPC has not taken a position on this article yet. They are interested in hearing more about the fundraising plan and citizen feedback at their forum on Wednesday evening.
The Board postponed voting on Article 21 until the CPC has voted on it.
§ ATM Article 8: Personnel Bylaw
Ms. Jean Riley and Mr. Wayne Heward of the Personnel Board were present for this item.
Mr. MacDonald explained that he was charged by the Board of Selectmen to revisit the classification and compensation plan under the Personnel Bylaw of the Town of Duxbury.
To that end a request for proposal was put out for those services and Mr. Don Jacobs was the consultant hired to provide those services.
Ms. Riley, representing the Personal Board, stated that the Personnel Board met this evening and approved what Mr. Jacobs will be presenting this evening regarding the job classification and compensation.
Mr. Jacobs then explained in greater detail some of the process that was undertaken and his recommendations. The proposed plan calls for re-classification of positions. He has proposed a change from the current 13-grade tiers to a 7-grade tier model. Each grade will have a minimum and a maximum salary range. There will also be a market-value mid-range.
Compensation of employees with more than five-years of service will be adjusted to the market-value range if they are not currently earning that. Compensation of employees with less than five-years of service will be adjusted to at least the minimum if they are earning less than that figure. Mr. MacDonald indicated $28,000. will be needed to made those adjustments.
As some remaining details need to be worked out and the proposal presented to the affected employees it was determined that the Board would be meeting next Tuesday (time to be determined) to vote on this article.
§ ATM Article 3: Compensation of Elected Officials
Mr. Martecchini said that this article is to set the compensation of the elected Town officers.
Ms. Sullivan moved to support (ATM) Article #3, as written. Second by Mr. Witten. Vote: 3:0:0.
§ STM Article 4: Town Clerk Certification Stipend
Mr. MacDonald explained that there is a statue that allows town clerks to receive a stipend of a percent of their salary up to $1000. if they have a certain certification. Mrs. Oates has never previously asked for this stipend but she now has.
Mr. Witten made a motion, which was seconded and voted, but a technicality was pointed out to the Board.
Mr. Witten changed his motion to accept the provisions of (STM) Article #4 and to recommend those to Town Meeting. Second by Ms. Sullivan. Vote: 3:0:0.
§ ATM Article 13: Revolving Funds
Mr. Martecchini read the provisions of (ATM) Article 13 regarding three revolving funds, which including the Council on Aging Revolving Fund in an amount not to exceed $70,000., the GIS Revolving Fund for and expenditure of no more than $40,000., and the Jaycox Tree Farm Revolving Fund for an expenditure of no more than $15,000.
Ms. Sullivan moved the Board support (ATM) Article 13 as previously read. Second by
Mr. Witten. Vote: 3:0:0.
§ ATM Article 14: Rescind Debt
Mr. Madden explained that this is a housekeeping item. When Town Meeting votes to authorize borrowing if the need for that borrowing has ended, and not all the anticipated borrowing was needed Town Meeting must rescind the borrowing authorization through a vote.
He reviewed five projects for which not all the authorized debt needed to be borrowed and a total of $152,100. needs to be rescinded. This does not mean the funds were actually borrowed but rather the authority to do so.
Mr. Witten moved that we recommend (ATM) Article # 14, as printed, for a total of $152, 100. Second by Ms. Sullivan. Vote: 3:0:0.
§ STM Article 3: Collective Bargaining Agreements
Mr. MacDonald said the Clerical Union collective bargaining agreement was settled this year and he is requesting it be approved for funding this year at the Special Town Meeting.
Ms. Sullivan moved that the Board of Selectmen approve (STM) Article # 3 as presented, including an Agreement with the Service Employees International Union, AFL-CIO Local in the amount $24,500. Second by Mr. Witten. Vote: 3:0:0.
§ STM Article 6: Telephone Systems for Town Departments
Mr. MacDonald explained that Town Hall telephone system was replaced with a new system. We are also seeking funding of new telephone systems in the Senior Center and the Library, which are in need of updating and will allow for unified systems.
Mr. Witten moved that we recommend (STM) Article 6 , as printed, in the amount of $69,205. Second by Ms. Sullivan. Vote: 3:0:0.
§ STM Article 2: Unpaid Bills
Mr. Madden went over the nine unpaid bills.
Ms. Sullivan Moved that the Board of Selectmen approve (STM) Article 2 in the amount of $15,003.82. Second by Mr. Witten. Vote: 3:0:0.
§ STM Article 7: Stabilization Fund
Mr. Madden said the Town has the opportunity to transfer funds into the Stabilization Fund in the recommended amount of $300,000. This is made possible due to cooperative efforts of the employees and management in holding down health care costs. The appropriation made in FY’08 to the Health Care Fund was more than sufficient for the costs. One of the thing rating agencies look at are reserves. Reserves include Free Cash, but Duxbury has had to utilize all its Free Cash. Therefore, the amount in the Stabilization Fund will be even more important as even a quarter of a point in savings on bond rates yields a significant savings.
Ms. Sullivan elaborated on Mr. Madden’s comments to speak in favor of funding this recommended transfer.
Ms. Sullivan moved that the Board approve Article 7 of the Special Town Meeting, as present, to transfer $300,000. to the Stabilization Fund. Second by Mr. Witten. Vote: 3:0:0.
§ ATM Article 41: Stabilization Fund
No action taken.
§ ATM Article 42: Free Cash Application
No action taken.
BOARD OF SELECTMEN SIGN 2008 ANNUAL TOWN MEETING WARRANT
Mr. Witten moved that the Board of Selectmen sign the Annual Town Warrant for 2008. Second by Ms. Sullivan. Vote: 3:0:0.
BUSINESS
Execution of Purchase & Sale for Grange
Mr. Martecchini said that the Board has negotiated a Purchase & Sale Agreement with the Massachusetts Grange and the Board will sign the document at the end of the meeting. The purchase price is $50,000. for the Grange. The intent of this ongoing project has been for the Town to put the Grange property with the adjacent town-owned, abandoned firehouse out to bid for a developer or non-profit (e.g., Habitat for Humanity) to renovate the buildings as single-family, affordable homes. Both buildings are abandon and in need of significant renovation.
Mr. Witten moved that the Board execute the Purchase and Sale Agreement between the Massachusetts State Grange and the Town of Duxbury. Second by Ms. Sullivan. Vote: 3:0:0.
TOWN MANAGER BRIEF
Mr. MacDonald mentioned that work is continuing in preparation for Town Meeting.
MINUTES
Ms. Sullivan moved that the Board approve the Minutes of February 4, 2008 as presented. Second by Mr. Martecchini. Vote: 2:0:1 (Mr. Witten abstained as he was not present at that meeting.)
Ms. Sullivan moved that the Board approve the Executive Session Minutes of February 4, 2008 as written, with the contents to remain sealed until the need for confidentiality has passed. Second by Mr. Martecchini. Vote: 2:0:1 (Mr. Witten abstained as he was not present at that meeting.)
ADJOURNMENT
Mr. Martecchini moved to adjourn at 9:45 PM. Second by Mr. Witten. Vote: 3:0:0.
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