APPROVED 12/05/05
BOARD OF SELECTMEN MINUTES Date: November 14, 2005
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair; and Andre Martecchini, Clerk.
Staff: Richard MacDonald, Acting Town Manager; and C. Anne Murray, Dept. Secretary.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
SWEARING-IN FOR FIREFIGHTER TIM GEARY
Chief Kevin Nord, along with a number of other officers and firefighters, were present to conduct a ceremonial swearing in of Tim Geary as a Firefighter/Paramedic. Kathleen Geary, his wife, pinned his badge after Town Clerk Nancy Oates conducted the swearing in. The Board welcomed our newest member to the Fire Department.
HEART-SAFE AWARD
Present: Frederick Fowler, Executive Director, Southeastern Massachusetts Emergency Medical Services (EMS) Council, Inc.
Duxbury received official designation as a Heartsafe Community. This designation is given to communities which have provided a strong “Chain of Survival” for residents and visitors through four lifesaving initiatives:
1. Early access to emergency care by dialing 9-1-1
2. Increased public knowledge of CPR training
3. Availability of defibrillators for early intervention, and
4. Availability of an Advanced Life Support (ALS) vehicle staffed by paramedics.
CONTINUED PUBLIC HEARING: AQUACULTURE GRANT/ APPLICANT: Claire Bezdek, 223 Marshall ST, Duxbury.
Present were: Mr. Al Hoban of the Shellfish Advisory Committee (SAC) and Claire Bezdek, applicant.
Mr. Hoban explained that at last week’s meeting of the Shellfish Advisory Committee (SAC) they determined there was an issue with the grant area. Parties have not had adequate time to meet to resolve it so the parties requested a continuance for a date and time certain. Ms. Bezdek confirmed she is in agreement with that request.
Mr. Martecchini moved to continue the hearing of Ms. Claire Bezdek’s grant application to 7:50 pm on December 5, 2005. Ms. Sullivan seconded the motion. Motion unanimously passed with vote of (3:0).
AQUACULTURE CORRESPONDENCE: Mr. Tuffy mentioned a letter was received from Mr. George Shamma that he will not be transferring his aquaculture grant and has withdrawn advertisement of it. In reply to an inquiry from Mr. Tuffy, Mr. Hoban indicated that the Shellfish Advisory Committee and the Duxbury Bay Management Commission will be working on the issue of transfers.
TAX CLASSIFICATION HEARING
In attendance were: Dick Finnegan, Deputy Assessor; June Albritton, Chairman; and Thomas Johnson.
Mr. Finnegan presented to the Board information in a memo dated November 10, 2005 (see attached Addendum A.).
Average single-family home assessed value for FY 2006 is $629,300. This is an 8.9% increase over FY 2005.
The figures showed that setting a dual tax classification system would have minimal savings (approx. $100.00/ year) for residential taxpayers, but have a substantial increase (approx. $3,145.36/ year) for similar commercial property. Given this disparity the Board of Assessors recommended to adopt a residential factor of one for the tax rate for FY ’06.
Ms. Sullivan moved that we adopt a residential factor of one for the Town of Duxbury tax rate for FY ’06. Mr. Martecchini seconded the motion. Motion unanimously passed with vote of (3:0).
EXECUTION OF FORM A-2
Mr. Martecchini moved that, as Water Commissioners, the Board vote to execute Form A-2. Ms. Sullivan seconded the motion. Motion unanimously passed with vote of (3:0).
ONE-DAY LIQUOR LICENSE REQUEST: DUXBURY RURAL & HISTORICAL SOCIETY/ Member Christmas Party, Applicant: Patrick Browne
Patrick Browne was present. The event is a cocktail party for members. Mr. Tuffy stated the request had been reviewed and memoranda received from Police, Fire, Inspectional Services, and Board of Health with no objections cited.
Mr. Martecchini moved to grant a one-day liquor license to Patrick Browne, as a representative of the Duxbury Rural and Historical Society, for the Member’s Christmas Party, to be held at the King Caesar House, 120 King Caesar Road on Friday, December 9, 2005 from 6:00 PM to 8:00 PM, subject to the conditions as stated in the following memoranda: Police Chief, dated 10/27/05; Fire Chief, dated 10/27/05; Director of Inspectional Services, dated 10/27/05; and Health Agent, dated 10/27/05. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
ONE-DAY LIQUOR LICENSE REQUEST: DUXBURY RURAL & HISTORICAL SOCIETY/ Book signing Event, Applicant: Patrick Browne
Mr. Browne was present. The event is a book signing to be held on December 3, 2005 from 4 PM – 6 PM. Mr. Tuffy stated the request had been reviewed and memoranda received from Police, Fire, Inspectional Services, and Board of Health with no objections cited.
Mr. Martecchini moved to grant a one-day liquor license to Patrick Browne, as a representative of the Duxbury Rural and Historical Society, for the book signing, to be held at the King Caesar House, 120 King Caesar Road on Friday, December 3, 2005 from 4:00 PM to 6:00 PM, subject to the conditions as stated in the following memoranda: Police Chief, dated 10/26/05; Fire Chief, dated 10/27/05; Director of Inspectional Services, dated 10/26/05; and Health Agent, dated 10/27/05. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
EVENT PERMIT REQUEST: DUXBURY ROTARY CLUB/ ANNUAL CHRISTMAS TREE LIGHTING
Applicant: Ms. Razia Jan, President of the Duxbury Rotary Club
Ms. Jan was present and described the event, which will include the lighting of a tree, serving of coffee and donuts, carol singing led by the Snug Harbor Chorus, and an appearance by Santa via fire engine. Mr. Tuffy stated the request had been reviewed and memoranda received from Police, Fire, Inspectional Services, Board of Health, Lands and Natural Resources, and Conservation with no objections cited.
Ms. Sullivan made a motion to grant a event permit to Ms. Razia Jan, as a representative of the Duxbury Rotary Club, for the Annual Christmas Tree Lighting, to be held on the Millennium Green on Sunday, November 27, 2005 from 1:00 PM to 7:00 PM, subject to the conditions as stated in the following memoranda: Police Chief, dated 11/04/05; Fire Chief, dated 11/10/05; Director of Inspectional Services, dated 11/14/05; Health Agent, dated 11/14/05, and Director of Lands and Natural Resources, dated 11/14/05; and Conservation Administrator, dated 11/14/05. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
EVENT PERMIT REQUEST: DUXBURY BUSINESS ASSOCIATION/ DUXBURY HOLLY DAYS
Applicant: Ms. Anne Antonellis, President, Duxbury Business Association.
Ms. Antonellis was not present. The Board described the event as a community-wide event to kick off the holiday season sponsored by the Duxbury Business Association. It will be on November 27, 2005 from Noon to 4:00 PM. The Duxbury community was encouraged to come out and support the local businesses. This item was discussed again later in the meeting.
EVENT PERMIT REQUEST: BRITTANY LAMBERT FOUNDATION/ CHRISTMAS TREE SALES
Applicant: Ms. Linda Haehnel, Chairman, Brittany Lambert Foundation, Inc.
A representative for the Brittany Lambert Foundation was present. This is the Foundation’s fifth year of selling trees. Mr. Tuffy stated the request had been reviewed and memoranda received from Police, Fire and Inspectional Services with no objections cited.
Mr. Martecchini made a motion to grant an event permit to Ms. Linda Haehnel, as a representative of the Brittany Lambert Foundation, Inc., for the 5th Annual Christmas Tree Sales, to be held at 33 Enterprise Street, Duxbury on Friday, December 2 from 4:00 PM to
8:00 PM and Saturday & Sunday, December 3 & 4, 2005 from 10:00 AM to 8:00 PM, subject to the following memoranda: Police Chief, dated 11/09/05; Fire Chief, dated 11/10/05; and Director of Inspectional Services, dated 11/09/05. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
EVENT PERMIT REQUEST: DUXBURY BUSINESS ASSOCIATION/ DUXBURY HOLLY DAYS (Revisited)
As Ms. Anne Antonellis, President, Duxbury Business Association, had entered the meeting the Board briefly returned to discuss Duxbury Holly Days. Ms. Antonellis said it will be on Sunday, November 27, 2005 from Noon to 4:00 PM to lead into the Rotary’s Tree Lighting. There will be trolleys from the A&P lot, the Senior Center parking lot, and the Town Pier to transport individuals to the Snug Harbor area, the Hall’s Corner area, the Marketplace, and the Bennett’s area. Many local businesses will host open houses. Dorchester Awning will apply for permits for tents. The tents will be for children’s activities and an ice sculpture at Coldwell Banker and children’s activities at the Wild Irish Rose.
The Board did ask both the Rotary and the Duxbury Business Association to make provisions for trash. Beyond that they encouraged the community to come out and support these events.
TOWN MANAGER SEARCH COMMITTEE
In Attendance: Friend S. Weiler, Chairman of the Town Manager Selection Committee.
Mr. Friend Weiler gave a brief overview of how the Selection Committee had received over 60 applications for the position, which were narrowed to 10 candidates. Of the 10 candidates, one individual withdrew. The remaining 9 candidates were individually interviewed during the weekend of October 28-29, 2005. All candidates were asked the same questions, and following the interviews the Committee did meet to discuss the pros and cons of each.
Based on the charge given the Committee, 4 names were presented to the Board. The Town Manager Selection Committee is presenting to the Board the following four candidates (in alphabetical order):
Mr. James M. Boudreau, Town Administrator, Town of Norwell
Mr. Michael A. Jaillet, Town Administrator, Town of Westwood
Mr. James J. Malloy, Town Administrator, Town of Sturbridge
Ms. Sheila Vanderhoef, Town Administrator, Town of Eastham
It was mentioned that all members of the Committee attended all meetings. Board members expressed their appreciation to the Committee. The Town Manager Selection Committee will remain in force until such time as a Town Manager is hired and the Board feels it is appropriate to disband the Committee.
Mr. Tuffy announced the Board will hold an open meeting to interview the four candidates on Saturday, November 19, 2005 at the Senior Center, 10 Mayflower Road. Interviews will start at 8:30 am and continue until their completion.
It was mentioned that the Animal Shelter opening is on Saturday morning as well. Mr. Tuffy said the Board will break at some point in the morning to visit the Animal Shelter and then reconvene to complete the interviews.
FIRE CHIEF AND NUCLEAR ADVISORY COMMITTEE:
Implementing Procedures (IP)
In Attendance: Mary “Pixie” Lambert, Chair, and Mr. Henry Chang, Member of Duxbury Nuclear Advisory Committee (DNAC) and Fire Chief Kevin Nord.
Before beginning discussion, Ms. Sullivan and the Board extended condolences to Mrs. Chin on the recent death of her mother.
Chief Nord asked that the Board accept the items listed on his letter of November 10, 2005 as both groups are in agreement. Upon their doing so, he will make changes to the document implementing them. Ms. Lambert stated that the DNAC does agree that those items should be accepted and implemented.
Ms. Lambert further stated that the DNAC did not have sufficient time to comment on the other changes indicated in the matrix, but not included in the November 10, 2005 letter. Some of those items the DNAC does still want to see included in the Implementing Procedures. She provided to the Board a letter dated November 14, 2005 with an attached document entitled “Implementing Procedure (IP) Annual Revision, Draft.” She requested that they review it and then schedule another appointment for the remaining items to be addressed. She also invited the Board members meet with the DNAC, which meets on Wednesdays at 7:30 PM at the Fire Station, should they have any questions or want to discuss the remaining items prior to being placed on the Agenda.
Ms. Sullivan moved to accept the amendments to the Implementing Procedures listed in Fire Chief Kevin Nord’s letter of November 10, 2005. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
TOWN MANAGER’S BRIEF
1. Construction Costs:
Estimated at $2.8 Million for October, 2005.
Mr. MacDonald also clarified that the Building Dept. charges $80. per square foot (excluding land) for the Building Permit Fees.
2. Police Department Fuel Consumption Plan:
Mr. MacDonald stated on each shift the Police will be getting out of their vehicles to
meet the business owners and residents of the community. This will accomplish
two things: (a) to keep the Police Department fuel consumption within budget and (b) to get the community to know the Police Officers serving Duxbury.
3. Budget: Mr. MacDonald mentioned that next Monday night he and the Town Accountant would be providing an update to the Board regarding the budget.
NEW BUSINESS:
Board received a request to designated AFS students as honorary citizens of the Town of Duxbury.
Ms. Sullivan moved to approve four AFS students as honorary citizens of the Town of Duxbury. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
MINUTES
Mr. Martecchini made a motion to approve the Minutes of the Executive Session of
October 31, 2005 as written, which will remained sealed until the need for such confidentiality has passed. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
Mr. Martecchini made a motion to approve the Minutes of October 31, 2005 as written. Mr. Tuffy provided a second for the motion, which carried unanimously (3:0).
COMMITTEE APPOINTMENTS/RE-APPOINTMENTS
1. Resignation of Rob Wilson from the Planning Board.
John Bear and Angela Scieszka have volunteered to fill Rob’s term as the Planning Board representative on the Economic Advisory Committee and the Local Partnership Committee respectively.
Mr. Martecchini moved that John Bear be appointed to fill an unexpired term as the Planning Board representative on the Economic Advisory Committee, such term to expire on 6/30/06. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
Mr. Martecchini moved that Angela Scieszka be appointed to fill an unexpired term as the Planning Board representative on the Local Partnership Committee, such term to expire on 6/30/07. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
2. King Caesar Advisory Committee – Reverend Catherine Cullen
The Interfaith Council has recommended Reverend Catherine Cullen to fill the vacancy on the King Caesar Advisory Committee, and Rev. Cullen has expressed her willingness to do so.
Ms. Sullivan moved that Reverend Catherine Cullen be appointed to serve as the representative of the Interfaith Council on the King Caesar Advisory Committee, such term to expire on 6/30/08. Mr. Martecchini seconded the motion, which carried unanimously (3:0).
At 9:05 PM Mr. Tuffy moved that the Board go into Executive Session to discuss a matter regarding the Jonathan and Ruth Ford Trust Fund, which is of a confidential nature, as the Fund’s purpose is to provide medical relief for the financially-needy residents of Duxbury, and to reconvene in open session in accordance with Mass. General Laws Chapter 39, Section 23 B Subsection 1 only for the purpose of Adjournment. Ms. Sullivan provided a second for the motion. A roll call vote was taken: Mr. Martecchini “aye”, Mr. Tuffy “aye”, Ms. Sullivan “aye”. The motion passed. (3:0).
The meeting was re-convened at 9:10 PM.
ADJOURNMENT
Mr. Martecchini made a motion to adjourn the meeting at 9:10 PM. Ms. Sullivan provided a second for the motion, which passed unanimously (3:0).
Respectfully Submitted,
C. Anne Murray
Dept. Secretary
Town Manager / Board of Selectmen
Addendum A. FY 2006 CLASSIFICATION HEARING FACT SHEET on next page.
ADDENDUM A.
TOWN OF DUXBURY
FY 2006 CLASSIFICATION HEARING
FACT SHEET
November 14, 2005
1) The total real and personal property assessed value for FY 2006 is $3,593,172,400. This is a 9.0% increase over FY 2005, an increase of $295.7 million.
2) The average single family home assessed value for FY 2006 is $639,300. This is an 8.9% increase over FY 2005’s average assessed value of $587,000. This 8.9% increase is notably less than the 15% increase that occurred in FY 2005 over FY 2004.
3) The FY 2006 median single family home assessed value is $539,900. This compares with a FY 2005 median assessed value of $493,500, an increase of 9.4%.
4) The total amount of revenue to be raised by both tax and non-tax sources (exclusive of the CPA) for FY 2006 is $55,112,371. This is a 5.7% increase over FY 2005. This revenue was derived from a tax base that consists of 6,030 units of real property and 459 units of personal property.
5) The tax levy for FY 2006 is $35,356,816. This also is a 5.7% increase over FY 2005. The Community Preservation Act (CPA) will raise at the local level an additional 3% of the real property tax levy, which, without considering abatements, amounts to $1,053,912.
6) The proposed tax rate for FY 2006 is $9.84 per one thousand of assessed valuation. This tax rate is a 3.0% decrease from FY 2005. FY 2005 tax rate was $10.14.
7) The average single family home tax bill for FY 2006 is $6,290.71. This is an increase of 5.7% over FY 2005. The CPA adds 3% to this average tax bill, or $189.
8) The assessed value of the new construction and personal property new growth that took place during the twelve-month period from July 1, 2004 to June 30, 2005 is $52,395,190. This translates into $531,288 of increased tax levy capacity over the basic limits of Proposition 2 ½.
9) Since commercial property represents only three percent of Duxbury’s tax base, even the maximum allowable tax shift to this property class would produce a relatively negligible decrease in the tax burden of the residential property class.
10) That is, the full implementation of the Tax Classification Law in Duxbury would have the effect of lowering the current single tax rate of $9.84 fifteen cents to $9.69 for residential properties. At the same time it would increase the commercial tax rate by $4.92, from $9.84 to $14.76.
11) To illustrate, if the maximum allowable tax burden shift were made from the residential property class to the commercial property class, its effect on the average residential assessed value of $639,300 would reduce the tax bill by $95.89. However, the tax bill for a similarly valued commercial property would be increased by $3,145.36.
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