Date: November 5, 2007
Date Minutes Approved: November 19, 2007
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, Dept. Secretary.
The meeting was called to order at 7:00 PM.
ENTER EXECUTIVE SESSION
Mr. Martecchini moved that the Board go into Executive Session to consider the purchase, exchange, 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 after the conclusion of the Executive Session in accordance with Massachusetts General Laws Chapter 39, Section 23B. Roll Call Vote: Ms. Sullivan “aye”; Mr. Witten “aye”; Mr. Martecchini “aye”. VOTE: 3:0:0.
Entered Executive Session at 7:00 PM.
RE-CONVENED IN OPEN SESSION
At 7:30 PM the Board of Selectmen voted to reconvene in Open Session.
OPEN FORUM - No items were discussed.
REQUEST FOR PERMISSION TO USE MILLENIUM TOWN GREEN: Duxbury Rotary Club/ Annual Christmas Tree Lighting on November 25, 2007
Mr. Paul Brogna was present to represent the Duxbury Rotary Club. As they have done in the past, the Rotary Club is asking for permission to use the Town Green to kick off the holiday season with the arrival of Santa Claus and a tree lighting.
Mr. Martecchini noted the request was reviewed with the appropriate Town Departments with no objections received. He noted that the event has been well received by the community in the past with the Snug Harbor Chorus leading the festivities.
Ms. Sullivan moved that the Board of Selectmen approve an event permit for the Duxbury Rotary Club for the Annual Christmas Tree Lighting, to be held on the Millennium Town Green on Sunday, November 25, 2007 from 1:00 PM to 7:00 PM, subject to obtaining a tent permit from the Department of Inspectional Services and the parking restrictions noted. Second by Mr. Witten. Vote: 3:0:0.
EVENT PERMIT REQUEST: Duxbury Business Association / Holly Days / November 25, 2007
Mr. Martecchini said that another event permit was being requested by the Duxbury Business Association for the 2nd Annual Holly Days Celebration. A number of the Duxbury businesses will be sponsoring events to kick off the holiday season from noon to 4:00 PM. There will be a trolley available to ferry people between Hall’s Corner, the Duxbury Marketplace, the (soon-to-be) Foodies Duxbury Market parking lot, Snug Harbor, the Senior Center, and several other locations. Mr. Martecchini noted the request was reviewed with the appropriate Town Departments and all are supportive of
this event.
Mr. Witten moved that the Board of Selectmen grant to Ms. Anne Antonellis, as President of the Duxbury Business Association, an event permit for the Holly Days Celebration, to be held on Sunday, November 25, 2007 from Noon to 4:00 PM, subject to obtaining a tent and sign permits and that arrangements for inspections of any platforms, staging or temporary structures be with the Inspectional Services Department. Second by Ms. Sullivan. Vote: 3:0:0.
TOWN MANAGER – Storm Update
On Saturday, November 3rd there was a strong rain/wind storm along the New England coast.
Mr. MacDonald reported that Duxbury did have power outages, which affected our computer network. The electric company’s transformers, esp. in the Alden Street area were damaged.
Chief Nord did open the Senior Center as an emergency shelter but fortunately nobody needed to use it. There was a lot of tree damage, but crews have been working to remove any fallen limbs. There was no significant damage to the beach.
TAX CLASSIFICATION HEARING
At 7:45 PM Mr. Finnegan, the Deputy Assessor, was introduced. Mr. Finnegan explained that the Town is required each year to set tax rates for residential and commercial property. He reviewed with the Board the FY 2008 Tax Classification Hearing Fact Sheet dated November 5, 2007.
Duxbury has traditionally had a residential factor of “one”. This means that the commercial tax rate is identical to the residential tax rate. The figures showed that setting a dual tax classification would have minimal savings for residential taxpayers (approx. $115. for average residential assessed values of $641,300.), but have a substantial increase (approx. $3,405.) for similarly assessed commercial properties. Given the disparity the recommendation of the Board of Assessors was for the Board of Selectmen to adopt a residential factor of one.
Ms. Sullivan moved that the Board of Selectmen vote to adopt a single tax rate by setting a residential factor of one. Second by Mr. Witten. Vote: 3:0:0.
For informational purposes Mr. Witten asked if there should be a tax classification for open space.
It was explained that Duxbury has residential, commercial, and industrial tax classifications. Open space would be taxed at the same rate as the commercial rate. Instead properties can be enrolled as Chap. 61A (farmland) and this does allow for a more beneficial tax rate as the land cannot be developed.
MEETING OF WATER & SEWER COMMISSIONERS
Ms. Sullivan moved that the Board of Selectmen adjourn their meeting for the purpose of convening as Water & Sewer Commissioners, with the intention of re-convening as Selectmen immediately afterward. Second by Mr. Witten. Vote: 3:0:0.
Mr. Witten moved that as the Water & Sewer Commissioners, the Board approve and execute a tax document regarding the Water Enterprise Fund. Second by Ms. Sullivan. Vote: 3:0:0.
Mr. Martecchini moved that the Water & Sewer Commissioners adjourn their meeting, and that the Board of Selectmen re-convene their meeting. Second by Ms. Sullivan. Vote: 3:0:0.
MINUTES
Ms. Sullivan moved that the Board approve the Minutes of October 29, 2007 as presented. Second by Mr. Witten. Vote: 3:0:0.
HIGHWAY SAFETY COMMITTEE: STOP SIGN ORDERS
Mr. Daley was present to represent the Highway Safety Committee. The Committee did review a request for a stop sign to be placed on Fox Run, northbound at Old Tobey Garden Street. A petition with about 120 signatures was received supporting a stop sign in that location. The Highway Safety Committee did review the matter and are recommending the Selectmen approve it as there is a school bus stop adjacent to the area.
Mr. Witten moved that the Board of Selectmen approve a stop sign on Fox Run, Northbound at Old Tobey Garden Street. Second by Ms. Sullivan. Vote: 3:0:0.
FEE HEARING: PROPOSED NEW FEE STRUCTURE FOR TRANSFER STATION (PAY-AS-YOU-THROW)
Discussion of the Pay-As-You-Throw (PAYT) proposal began just after 8 PM. Mr. Tom Daley, DPW Director, gave a PowerPoint presentation, which highlighted some statistics regarding Pay-As-You-Throw. Some of the points made in the presentation were as follows:
· PAYT is currently followed in about 120 Massachusetts municipalities.
· It has been proven to increase recycling and reduce solid waste.
· Recycling is free, but it cost the Town $99. per ton to dispose of waste.
· It is fairer as consumers pay only for what they throw away so those who recycle are not subsidizing others.
· Duxbury PAYT proposal: Sticker Fee $25/ year; 13 Gal. (sm. Kitchen bag) $1.00 / bag; 33 Gal (large bag) $1.50 / bag.
· Projected FY2010 budget figures show that with PAYT there will be a savings of approx. $195, 557. to the General Fund.
In addition, Mr. Daley mentioned that he anticipates being able to institute “Single Stream Recycling” in about a month. Single Stream Recycling means that all recyclables can go in one container. Residents will no longer have to separate newspapers from bottles and cans (i.e., plastic, glass, and metals).
The discussion was then opened up to questions, concerns and statements from the public. The following are some of the points made during the discussion:
· Concern was expressed that PAYT might impose a financial hardship on lower income and fixed income residents.
· Concern voiced that more residents will opt to use private haulers and that will result in decreased revenues and increase barrels being left curbside. RESPONSE: Mr. Daley said generally speaking the Town’s rates will still be the most reasonable. His research indicates that private haulers are charging about $400. per year. Therefore, it is not expected that a significant number of households will hire private haulers.
· Concerns were voiced about the quality of the bags and having adequate supplies of bags available. RESPONSE: Mr. Jack Craig of Phoenix Recycling, the company that has the State contract for supplying PAYT bags, stated the bags are 3-ply. He also gave an overview of the supply / shipping arrangements the company has in place, and the accounting reconciliation they provide to the Town.
· General consensus seemed to be that increasing recycling should be encouraged, but there seemed to be divergent opinions as to whether PAYT should be the vehicle used.
· One proponent pointed out that PAYT is a proven system for reducing trash and encouraging recycling.
· Another proponent suggested that there is a need for increased public education. RESPONSE: Ms. Janine Delaney from the Dept. of Environmental Protection (DEP) agreed. She mentioned that the Town has applied for a grant and has a very good chance of receiving it as the DEP is encouraging communities that are trying to increase recycling.
· Someone suggested that the bag prices should be small bag 50¢ and large bag $1.00 to more closely reflect the 1:3 size ratio.
· Comments were also made pro and con about utilizing clear vs. colored bags. Some individuals felt that clear bags would promote more recycling as one could see what was being thrown out. Others felt that individuals would expect a certain degree of privacy regarding what is in their trash.
· Point was made that without PAYT it could be expected that sticker prices would have to increase as the price being charge the Town has been increasing in recent years.
· Some general comments were made regarding the layout of the Transfer Station and the need for improvements. Suggestion was made that another access / egress be constructed to improve the traffic flow.
· Someone voiced the opinion that the decision should be made through an Annual Town Meeting vote vs. by the Board of Selectmen.
After a fairly extensive discussion the Board decided to continue the hearing.
Mr. Witten moved that the Board of Selectmen continue the (PAYT) hearing to the Board of Selectmen meeting two weeks from tonight (i.e., November 19, 2007). Second by Ms. Sullivan. Vote: 3:0:0.
TOWN MANAGER BRIEF
1. King Foreclosure Negotiations. At a previous Board of Selectmen’s meeting the Town Manager was authorized and instructed to enter into negotiations with Atty. Henry Levin on behalf of Thomas H. King, Sr. regarding vacating the foreclosure on a parcel of property. Mr. MacDonald mentioned that he has had a preliminary meeting with Atty. Levin.
2. Tarkiln Architect Contract Awarded: Mr. MacDonald said that funds were voted at the March 2006 Annual Town Meeting for the hiring of an Architect to produce a design and provide construction costs for the Tarkiln Building. After the required bidding process the contract has been awarded to DV Architects (Durland and van Voorhis) of New Bedford, MA.
3. EEE Threat is gone and the ban on outdoor activities has been lifted.
4. Construction Costs: Construction Costs for the month of October were approximately $2.2 million.
EXECUTION OF COLLECTIVE BARGAINING AGREEMENT WITH DUXBURY POLICE COMMANDERS UNIT
Mr. Martecchini mentioned that the three Police Lieutenants formed a bargaining unit and have negotiated a contract with the Town Manager. The terms are line with and compatible with the Personnel Bylaws.
Ms. Sullivan moved that we support and execute the Bargaining Agreement negotiated between the Town of Duxbury and the Duxbury Police Commanders Association for the period from September 1, 2007 to June 30, 2010. Second by Mr. Witten. Vote: 3:0:0.
ANNOUNCEMENTS - None
ADJOURNMENT
Ms. Sullivan moved to adjourn the meeting at 9:55 PM. Second by Mr. Witten. Vote: 3:0:0.
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