Date: October 29, 2007
Date Minutes Approved: November 5, 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 Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
REQUEST FOR ONE-DAY LIQUOR LICENSE: SUE TURLEY/ Entrée Vous
Present were: Ms. Susan Turley, Proprietor
Mr. Jeff Turley & Mr. Michael Turley, Husband & Son
Ms. Deanna Nicolau, Manager
Ms. Turley described a new business that she is opening in the Duxbury Marketplace on Depot Street. Entrée Vous is a Meal Assembly business. Patrons assemble ingredients that have been provided by Entrée Vous, and then leave with food to serve at home. Patrons may come alone, or as part of a cooking party.
Ms. Turley said that some patrons have asked for permission to bring wine with them when they are having a private cooking party. She inquired as to whether a license would be required.
Ms. Ripley reported that she spoke with lead counsel at the Massachusetts Alcoholic Beverages Control Commission. Attorney Kelly said that, according to M.G.L., Chapter 138, Section 41, the serving of alcoholic beverages in Massachusetts is always considered a “sale” when it takes place outside of a private residence. Furthermore, a license is always required for the sale of alcoholic beverages in the Commonwealth. He said that the only avenue available for Ms. Turley, outside of obtaining an On-Premises Wine & Malt license, is to apply for a One-Day (Special) Liquor License, under M.G.L. Chapter 138, Section 14. In the course of the hearing, if supported by Town Counsel, the licensing authority (Selectmen) could decide that the described use does NOT constitute a sale. Ms. Turley made this
application for a One-Day (Special) License. However, Town Counsel provided a letter stating that, in his opinion, the proposed transaction constitutes a “sale” under the provisions of Chapter 138 of Massachusetts General Laws, requiring the applicant to file for a license and comply with all regulations.
Mr. Martecchini said that he made inquiries about how BYOB (Bring Your Own Beverage) facilities are able to operate in Massachusetts. He learned that these operate without explicit permission of licensing authorities. The Duxbury Selectmen cannot grant permission for the BYOB practice.
Ms. Turley commented that the proposed practice is occurring in similar businesses across the State, and has happened in Duxbury. The Board summarized their response by saying that, regrettably, Massachusetts General Laws do not allow them to issue the kind of permission that she is seeking.
PERSONNEL PLAN COMPENSATION STUDY: Don Jacobs
Mr. MacDonald stated that the last time that job classifications for Duxbury Personnel Plan employees were examined was fifteen years ago. There have been numerous changes in the Town since then, and our current classification system no longer seems to fit. Mr. MacDonald worked with the Personnel Board and several Department Heads to issue an RFP (Request for Proposals) for a Classification and Compensation Study. The project was awarded to D.I. Jacobs, Consultants.
Mr. Don Jacobs was present to introduce his work to the Selectmen. He said that the goal of the study is to recommend a classification and compensation system which is fair and equitable to employees, both internally within the organization, and externally in comparison to the marketplace. He said that there are four steps to the study: 1) Collect job descriptions from all Personnel Plan employees, which have been reviewed by their Department Heads; 2) Classify all these positions in a standardized manner, so that employees with similar levels of independence and supervisory responsibility are classified together; 3) To gather data from similar communities to determine market conditions; and 4) To make recommendations on compensation issues, taking recruitment, retainage, and growth issues into account.
Mr. Jacobs said that he plans to have a proposal ready by the middle of December. Mr. MacDonald said that a Town Meeting article will be prepared to recommend acceptance of a new classification and compensation system for the Personnel Plan. He also mentioned that this is Phase I. Phase II will occur at a future date, and will address other working provisions outside of pure compensation issues.
Mr. Jacobs recommended that, going forward, the Town keeps up to date with marketplace salaries, by sampling at least 25% of our positions each year. He said that the classification system should be reviewed every 5-10 years.
TOWN MANAGER BRIEF
1) The Town received a $1,000.00 Peer-to-Peer Technical assistance grant. This will allow the Town to add zoning information its GIS web page.
2) Planning is underway for a pilot GATRA (Greater Attleboro-Taunton Transportation Regional Authority) route in Duxbury. We will be evaluating the benefits of the route as compared to its cost to the Town.
3) Barbara Ripley is working to coordinate an Open Meeting Law & Conflict of Interest Seminar with the Assistant Attorney General’s Office. The seminar is planned for late November or early December and is intended for the Town’s Boards and Department Heads.
4) We have successfully recorded Conservation Restrictions for the Loring and Nudd bogs.
5) A meeting is being coordinated with the residents of the Gurnet Road area and representatives from Coastal Zone management, to deal with beach erosion issues.
6) There is a new Massachusetts Building Code, effective January 1, 2008. This will have a large effect on coastal towns such as Duxbury. Our Director of Inspectional Services taught a seminar on the new code to ninety local builders last week. Mr. MacDonald commended Mr. Lambiase for his work in this area.
7) Work continues on the FY09 Budget.
ANNOUNCEMENTS
Mr. Martecchini made the following announcements:
1) Town Counsel will be at Duxbury Town Hall on the afternoon of Wednesday, November 7, to help anyone needing help crafting a Town Meeting article. Please call Barbara Ripley in the Town Manager’s office to set up an appointment to meet with Town Counsel.
2) There will be a public hearing for the Pay-As-You-Throw Proposal for the Duxbury Transfer Station on Monday, November 5, 2007 at 7:55 PM in the Mural Room of Duxbury Town Hall. Residents are invited to make their comments at that time, or in advance to the Selectmen’s office.
MINUTES
Ms. Sullivan moved that the Board accept the Open Session minutes of October 22, 2007 as written. Second by Mr. Witten. Under discussion of the motion, Mr. Witten proposed a change to one sentence regarding the King property foreclosure. After discussion, it was decided to leave the minutes as written. Vote in favor of the motion: 3:0:0.
Ms. Sullivan moved that the Board accept the Executive Session minutes of October 22, 2007, with contents to remain sealed until the matter has been resolved. Second by Mr. Witten. Vote: 3:0:0.
Next, Mr. Martecchini noted that the contents of the October 22, 2007 minutes could actually be released, since the purpose of the meeting was to review old Executive Session minutes. Ms. Sullivan moved that the Executive Session minutes of October 22, 2007 be made public. Second by Mr. Witten. Vote: 3:0:0.
BONUS SHELLFISH SEASON
Ms. Sullivan moved that the Board of Selectmen approve the Bonus Shellfish Season for the commercial harvesting of softshell clams and quahogs for the month of November 2007 per the Harbormaster’s Memorandum of October 26, 2007. Second by Mr. Witten. Vote: 3:0:0.
ADJOURNMENT
Ms. Sullivan moved to adjourn the meeting at 8:38 PM. Second by Mr. Witten. Vote: 3:0:0.
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