BOARD OF SELECTMEN December 1, 2003
The meeting was called to order at 7:35 p.m. Present were Chairman Elizabeth Sullivan, Selectmen Andre Martecchini and John Tuffy, and Town Manager Rocco Longo.
OPEN FORUM
There was no one present under Open Forum
ADOPTION OF BOS MANUAL SECTION 7.13 SEWERAGE RULES AND REGULATIONS
Mr. Martecchini moved to convene the meeting with the Board of Selectmen acting as Sewer Commissioners. John Tuffy seconded. The motion passed, 3-0.
Copies of amendments to these rules and regulations were posted by the constable in each precinct, at the Duxbury Free Library and at the Town Clerk’s office on November 7, 2003, fulfilling legal requirements.
As a result, the Board could vote to adopt these changes with the following changes: Page 24, section 4, change November 1, 2003 to December 1, 2003 and on the last (signature) page, change September 29, 2003 and November 1, 2003 to December 1, 2003.
Mr. Martecchini moved the Board of Selectmen, acting as Sewer Commissioners for the Town of Duxbury adopt the 7.13 Sewerage rules and Regulations dated September 29 as written, with the above-noted changes. Mr. Tuffy seconded. The motion passed, 3-0.
Mr. Martecchini moved the Board of Selectmen, acting as Sewer Commissioners for the Town of Duxbury, approve the Snug Harbor Flow Allocations as proposed in the document dated 6/17/03 and entitled “Proposed Approach to Flow Allocations, Snug Harbor”. Mr. Tuffy seconded. The motion passed, 3-0.
It was noted that all participants in the system received revised regulations as well as notification of allocations.
Mr. Martecchini moved to adjourn the Board of Selectmen as Sewer Commissioners and reconvene as the Board of Selectmen. Mr. Tuffy seconded. The motion passed, 3-0.
PLANS AND PROCEDURES FOR NUCLEAR POWER PLANT – CHIEF WILLIAM HARRIMAN
Chief Harriman gave a brief overview of the Town’s plans and procedures, which are jointly written by himself, his assistant Nancy McLaughlin, and staff from Entergy and MEMA. Some of the highlights include:
Correcting earlier typographical errors
Removing Potassium Iodide disclaimer – the state now has a policy
Provide our own Potassium Iodide at the designated reception center as a protective measure
Added specific facilities not previously part of the plan (certain private schools)
Revised Siren Activation procedures
Agreed to Lockdown of Schools
Clarified Harbormaster’s role in notifying those on the waterfront
Confirmed that schools in lockdown are not to be considered public shelters
The Chief discussed procedures for canceling school activities at the time of an alert, and recommended that implementing procedures (IP’s) have some flexibility to deal with specific situations. Management should be able to use some judgment at the time of an event.
At this time, Mrs. Sullivan asked to begin the Annual Tax Classification Hearing. The Nuclear Advisory Committee would have an opportunity to comment and present their information on the IP’s once that hearing concluded.
ANNUAL TAX CLASSIFICATION HEARING/SUPPLEMENTAL ASSESSMENT LAW – DICK FINNEGAN
Mr. Finnegan addressed the Board regarding the tax rate for FY04. While the total assessed value of property has increased 11.6% over the past year, the proposed tax rate will actually decrease by 6.1%. The Board of Assessors propose a single tax rate of $11.33 per thousand dollars of assessed value.
Mr. Finnegan discouraged the use of a higher rate for business property, due to the small number of businesses in Duxbury. It would place a disproportionate burden on small businesses while providing miniscule relief to the residents. He recommends a single tax rate of $11.33 per thousand. The Board Members indicated that they agreed.
The Supplemental Assessment Law, a.k.a. the “Hopkinton Bill” was also discussed. Mr. Finnegan explained that it was introduced as a component of the Municipal Relief act, allowing towns and cities to increase revenues by taxing new construction that increases a property’s value by 50% or more on a pro-rated basis immediately, rather than waiting until the next fiscal year.
This law would be mandatory in all communities, unless rejected by its management. Mr. Finnegan expressed his opinion that this law would benefit communities with high rates of expected growth, not Duxbury.
Some of the problems associated with implementing this program include:
Determining the 50% increase that triggers the tax assessment – could appear unfair when residents compare
Cost of upgrading Data National system could be as much as $12,000
The law allows abatement of taxes if a large loss to property occurs, such as a fire or storm
With many coastal properties in town, a large storm could cause much damage, creating multiple large abatements
The law would require multiple assessments of a property as well as additional bills
He cited Chapter 653 of MGL passed at the 2003 Annual Town Meeting, which accomplishes similar goals without these problems, and recommended that the Board of Selectmen reject MGL Ch. 59, §2D.
It was noted that resident John Wisbach submitted a written request to postpone setting the tax rate while allowing further study to determine the fairness of present practices. Mr. Wisbach believes that although the tax rate is uniform, the methods used to assess value are not, and create distorted valuation bases among taxpayers.
In the matter of the FY04 tax rate, John Tuffy moved that the Board of Selectmen adopt a residential factor of 1 (single tax rate of $11.33). Andre Martecchini seconded. The motion passed, 3-0.
Regarding the Supplemental Assessment Law, John Tuffy moved that the Town of Duxbury reject the provisions of G.L. Ch. 59 §2D, which impose supplemental property tax assessments on certain improvements to real state constructed after January 1st once an occupancy permit is issued, for fiscal years that begin on or after July 1, 2003. Andre Martecchini seconded. The motion passed, 3-0.
PLANS AND PROCEDURES FOR NUCLEAR POWER PLANT (CONTINUED)
Pixie Lampert commented on Fire Chief Bill Harriman’s earlier discussion about the Nuclear plans and implementing procedures.
Ms. Lampert disagreed that these are guidelines and emphatically stated they are firm procedures which must be followed. She pointed out perceived shortcomings of the school’s IP’s. Some discussion ensued regarding lack of local control over certain elements such as guaranteeing busses will assemble per the plan, etc.
Ms. Lambert recommends a “no more Mr. Nice Guy” approach with MEMA and Entergy and that the town should simply demand what it wants. Mrs. Sullivan countered that the only way to make progress with these IP’s is to work in cooperation with all parties.
The Selectmen directed Chief Harriman to sign the Implementing Plans and Procedures after the following items recommended by the Nuclear Advisory Committee are incorporated into the plan:
All children receiving potassium iodide will have their hands marked with the letter “K” in indelible ink. Adults may, also
Duxbury will transport its own supply of potassium iodide to the reception center in Braintree
Beachfront evacuation will consist of verbal notice via bullhorns as well as written postings at the beach and bridge
All buildings in town serving as shelters need to be more clearly marked from the street. In addition, each shelter should post health procedures to be followed upon exiting the shelter (cover exposed skin, mouth, nose, etc.)
The remaining list of items recommended by the Nuclear Advisory Committee (excluding the mandatory cancellation of school activities) will be adddressed by the Board of Selectmen in a letter to accompany the signed Implementing Plans and Procedures.
Ruth Rowley stated her opinion that procedures are necessary rather than guidelines, and that the town cannot rely on select personnel to make critical decisions. She believes we should act on a worst-case scenario basis and have a firm procedure in place.
Mrs. Sullivan summarized that the above 4 items will be typed in to the document over the next week and the letter will be sent indicating the other issues as well. Becky Chin requested that the members of DNAC receive copies of the letter.
Ms. Lampert suggested including the IP’s on the internet. Mrs. Sullivan indicated that is a possibility.
NUCLEAR ADVISORY COMMITTEE – REVERSE 911
Ms. Lambert discussed this service, which, in an emergency, has the capacity to automatically dial up to 40,000 homes or cell phones in ten minutes with a pre-recorded message indicating an emergency is occurring.
Currently the only method of notifying the public, should such an event occur, is by outdoor siren, TV, or radio.
This system should be funded by Entergy or Homeland Security. It can also be used for mass communications with Town Personnel.
Mr. Tuffy asked about the possibility of combining several towns on one system to make it more cost-effective for the grantor.
Mrs. Sullivan questioned the adaptability of Duxbury’s telephone system, which seems to be somewhat behind the times.
Chief Harriman is familiar with this system and several others. He recommends we look at several companies and compare prior to committing to one.
The board members were in favor of pursuing this technology. The Sheriff’s department presently has this type of system and someone could contact them to get more information.
Once all options have been explored, the Selectmen will revisit this issue. The Board thanked Mrs. Lampert for this information.
TOWN MANAGER’S REPORT
Paul Balboni has left his position as DPW Operations Manager. The position will remain unfilled, with several staff members having assumed some additional duties on a temporary basis. There are plans to reorganize the DPW in the spring.
Mr. Longo has a draft of the Council on Aging job description. He met earlier in the week with Donna Pizura and Joanne Moore of the Council and had some positive input from them.
He will present his budget to the Board on December 15.
Collective bargaining with the DPW union will begin shortly.
Thirteen proposals were received for the Wright Building study. Holly Morris, Joe Grady and Rocco Longo will function as the initial review team. Requests for Qualifications (RFQ’s) rather than Requests for Proposals (RFP’s) were solicited. The review team will be expanded after the initial opening. The list of bidders was not released, pending actual opening of the submissions.
MINUTES OF NOVEMBER 22, 2003
Andre Martecchini moved to accept the minutes of November 22, 2003 as written. John Tuffy seconded. The motion passed, 3-0.
LIQUOR LICENSE RENEWALS
Fifteen existing liquor license renewal applications were reviewed. All appropriate documentation has been received. The licensees are named on the list which is attached to and forms part of these minutes.
Mrs. Sullivan moved that the Board of Selectmen vote to renew the liquor licenses as named on the above-mentioned list for 2004 subject to all unpaid taxes (Real as well as Personal Property) being paid to the Town of Duxbury before the license will be issued to the owner. Mrs. Sullivan read the names of each license holder. Mr. Martecchini seconded. The motion passed, 3-0.
Mr. Martecchini moved that the Board of Selectmen hereby certify that we have determined that the premises described in all the 2004 Renewal Applications approved by us and forwarded to the A.B.C.C. are now occupied, used, or controlled by the licensee and will be on January 1, 2004. Mr. Tuffy seconded. The motion passed, 3-0.
OTHER LICENSES
The Board reviewed applications for 34 Common Victuallers’ licenses, 3 Entertainment licenses, 1 Class 1 Auto License and 3 Class 2 Auto Licenses. All required paperwork was submitted. The names of all license holders are included in the list attached to and forming a part of these minutes.
Common Victuallers – Mrs. Sullivan read the list of 34 license holders. Mr. Martecchini moved that the Board of Selectmen vote to renew those licenses for 2004 subject to all unpaid taxes (Real Estate as well as Personal Property) being paid to the Town of Duxbury before the license will be issued to the owner. Mr. Tuffy seconded. The motion passed, 3-0
Entertainment – Mrs. Sullivan read the names of the 3 license holders. Mr. Tuffy moved that the Board of Selectmen vote to renew those licenses for 2004 subject to all unpaid taxes (Real Estate as well as Personal Property) being paid to the Town of Duxbury before the license will be issued to the owner. Mr. Martecchini seconded. The motion passed, 3-0.
Class I – John Tuffy moved that the Board of Selectmen vote to renew a Class I license to Millbrook Motors for 2004 subject to all unpaid taxes (Real Estate as well as Personal Property) being paid to the Town of Duxbury before the license will be issued to the owner. Mr. Martecchini seconded. The motion passed, 3-0.
Class II – Mrs. Sullivan listed Autobuys, Bayside Marine Corporation, and St. George St. Garage as the license holders.
Mr. Tuffy moved that the Board of Selectmen vote to renew those licenses for 2004 subject to all unpaid taxes (Real Estate as well as Personal Property) being paid to the Town of Duxbury before the license will be issued to the owner. Mr. Martecchini seconded. The motion passed, 3-0.
BONUS SHELLFISH SEASON – DECEMBER
Andre Martecchini moved that the Board of Selectmen declare a temporary Bonus Shellfish Season for the commercial harvesting of soft-shell clams for the month of December per Don Beers’ memo of November 28, 2003; and further moved they declare a temporary Bonus Shellfish Season for the commercial harvesting of quahog clams for the month of December per said memo, and further moved to declare a temporary Bonus Shellfish Season for the recreational harvesting of soft shelled clams for the month of December per said memo. John Tuffy seconded. The motion passed, 3-0.
COMMITTEE APPOINTMENTS
Andre Martecchini moved to appoint John Nash to the Duxbury Bay Management Committee for the balance of an unexpired term to end on June 30, 2004. John Tuffy seconded. The motion passed, 3-0.
COMMITTEE RESIGNATIONS
The Board accepted Bill TenHoor’s resignation from the Council on Aging with regret. A letter of acknowledgement and thanks was signed and will be sent to Mr. TenHoor.
The Board also regretfully accepted the resignation of Albertina Bruce from the Municipal Commission on Disability. They signed a letter to Ms. Bruce thanking her for her years of service to the Town.
TALENT BANK FORMS
Mrs. Sullivan pointed out the need for volunteers for positions on the Council on Aging and encouraged interested individuals to submit talent bank forms as soon as possible.
Andre Martecchini moved to adjourn at 9:50. Mr. Tuffy seconded. The motion passed, 3-0.
Nancy Moody
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