January 22, 2018

“Mr. Flynn moved that the Board of Selectmen approves the acceptance by the Duxbury Conservation Commission of a deed to a certain parcel of land containing approximately 1.14 acres of land at 0 Temple Street, Assessor's parcel number 023-022-000, from Theodore E. Connor, pursuant to MGL Chapter 40 Sections 8c. Second by Mr. Madigan. Mr. Joe Grady, Conservation Agent, said that this is a parcel being donated which was discussed with the Board previously. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Flynn - "aye"; Mr. Dahlen - "aye".” (Motion: Flynn, second: Madigan)

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“Mr. Flynn moved that the Board of Selectmen certify to the Alcohol Beverage Control Commission, based on information from the Assessor and the Town Clerk, that the estimated temporary resident total population as of July 10, 2018 will be 19,189 (Current population of 16,206 plus and estimated increased summer population of 2,983 = 19,189). Second by Mr. Madigan. Mr. Dahlen mentioned that this is an annual requirement for the purpose of the ABCC's setting of the quota of seasonal liquor licenses a town may issue. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Flynn - "aye"; Mr. Dahlen - "aye".” (Motion: Flynn, second: Madigan)

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“Mr. Flynn moved that the Board of Selectmen close the 2018 Annual and Special Town Meeting Warrants. Second by Mr. Madigan. Before voting to close the warrants, Mr. Read mentioned that there is a need to insert an additional article. The proposed article will be inserted and become a new article #39 and the following articles will be re-numbered accordingly. He passed out some draft language. The new article relates to the property on South River Lane East. Mr. Read then read the sample language for the proposed article, which may appear as multiple lots or possibly as a single lot and will have the appropriate address / parcel designations inserted. Mr. Read explained the article by pointing out that in the current ATM Warrant-01-18-18 DRAFT along with the article currently numbered as article #39 is a map with 4 parcels on South River Lane East highlighted. The 4 parcels are under the ownership of the Town and under the control of the Board of Selectmen. What is contemplated is the sale of one of the parcels by the Town and what remains to be determined is the process for doing that. With this article added there will be a total of 51 articles. Vote on the motion -ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Flynn - "aye"; Mr. Dahlen - "aye".” (Motion: Flynn, second: Madigan)

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“Mr. Madigan moved that the Selectmen support 2018 ATM Article #2 - Reports, as presented. Second by Mr. Flynn. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Flynn - "aye"; Mr. Dahlen ~ "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Selectmen support 2018 ATM Article #3- Compensation of Elected Officials, as presented, except that the Board takes no position with respect to the Board of Selectmen stipends, in the appropriation of $86,040. Second by Mr. Dahlen. ROLL CALL VOTE: Mr. Madigan -"'aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Dahlen)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM Article 9-Amend General Bylaws - Establishment of Revolving Funds in the amount of $175, 000 for Senior Center (program fees), $20,000 for Jaycox Tree Farm, $50,000 for Hazardous Materials Response, and $150,000 for Regional Dispatch Services. Second by Mr. Flynn. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved the Board of Selectmen support 2018 ATM Article 10 -Electronic Balloting in the appropriation of $35,000. Second by Mr. Flynn. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved the Board of Selectmen support 2018 ATM Article 12 -Fourth of July Appropriation, as presented, in the amount of $15,000. Second by Mr. Flynn. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn ~ "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved to support 2018 ATM Article 14- Amend General Bylaws -Facilities for Marijuana Not Medical Prescribed, as presented. Second by Mr. Flynn. Town Planner Valerie Massard said the Town voted on the State ballot question against recreational marijuana. So the recommendation, to cover all the bases, is for articles to amend the general bylaw and the zoning bylaw that would prohibit recreational marijuana facilities in Duxbury. This would include growing, retail, and other aspects regarding recreational marijuana. It does not affect your ability to grow 6-12 plants (depending on the number of adults in the residence), which is governed under different legislation. It also does not affect medicinal marijuana, which is addressed in a separate article. Article 14 amends the general bylaw. Prior to the vote it was mentioned that all the Selectmen are supportive of banning recreational marijuana in Duxbury. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved to support 2018 ATM Article 14- Amend General Bylaws -Facilities for Marijuana Not Medical Prescribed, as presented. Second by Mr. Flynn. Ms. Lorrie Hall asked if she could give the Board a letter and some accompanying handouts regarding the marijuana issue. Ms. Hall's letter advocated for banning recreational marijuana in Duxbury. The accompanying handouts were graphs / charts that showed (a) the marked increase in the strength of THC, (b) the increase in Colorado high school dropouts from 2013-2015, and the sources where under- age students are obtaining marijuana in Colorado. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM Article 16- Amend Zoning Bylaw - Section 617 - Temporary Moratorium on Medical Marijuana Treatment Centers, as presented. Second by Mr. Flynn. Ms. Massard said that the Town had adopted a temporary moratorium on medical marijuana facilities before 2014. The Town's temporary moratorium regarding medical marijuana facilities expired ("sunsetted" in 2014). This will clean up the zoning bylaw's language, which is no longer valid. Since Town Meeting has not adopted medical marijuana regulations, medical marijuana facilities could be locate in Duxbury. However, the Cannabis Control Commission's (CCC) requirements associated with medical facilities make it difficult for a medical marijuana facility to be located in Duxbury. It is possible that medical marijuana might be available through a pharmacy. Ms. Susanna Sheehan asked "Why you wouldn't just extend the medical marijuana moratorium?' In response, Ms. Massard explained you only have a certain amount of time to enact a moratorium once this is legislation in place so the Attorney General would not allow an extension to the moratorium. The selectmen voted on the motion regarding 2018 Art. 16 - Amend Zoning Bylaw - Section 617 - Temporary Moratorium on Medical Marijuana Treatment Centers, ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved to support 2018 ATM Article 17- Senior Center Expansion, as presented for an appropriation in the amount of $1,900,000. Second by Mr. Flynn. Before getting into the presentation, Mr. Dahlen asked the Finance Director if the funding of the $1,900,000 is within the levy limit. The answer given was that it is within the levy limit. Mr. Dahlen explained that means supporting this article will not be an increase to your tax bill, but is covered by debts that are coming off. Ms. Joanne Moore, COA Director, and Mr. Paul Brogna, member of the COA Building Committee, passed out and projected architectural renderings of the proposed Senior Center expansion prepared by Steffian Bradley Architects, The project is out to bid for the contractor, and the Committee expects to have final figures by February 28". Ms. Moore made the following comments while the architectural renderings were projected on the screen: ¢ Duxbury Senior Center was built in 2001 with 12500 sq. ft. and 50 parking spaces, Shortly thereafter, 50 additional parking spaces were added. e With the growth in senior population additional space is needed. The building committee has worked diligently to maximize the space on the buildable lot and be respectful of the budget. e 1% Floor will be adding a wing to include a fitness are, an office for confidential meetings, a classroom for expansion of the respite day program*, below it is a conference room and a staff office/ meeting space. e * the respite program was originally offered one day a week and now they offer it five days a week. The projections show a trend that the number of Alzheimer patients is growing with no cure in sight. The program is funded through the revolving account. e On the second floor will be a 50-person classroom for health and wellness and evidence-based programs. Currently, many programs are wait-listed because there is not space for all those who sign up. There is also an outside deck on the second floor. Mr. Brogna added the following comments: e There are 17 handicap parking (hp) spaces. Of those 9 will be converted to regular parking spaces and they are adding 4 more spaces. This will still leave more than the required ADA hp spaces. e Total costs are projected between $2.1-$2.2 million, but those costs include the hard costs (construction) and soft costs (all other administrative costs, such as the owner's project manager). Vote on motion for 2018 ATM Article 17-Senior Center Expansion: ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn ~ "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM Article 18 - Lease of Town Owned Property - Wright Building - St. George Street, as presented. Second by Mr. Flynn. Mr. Read explained that this is to allow for a 10-year lease for the space in the Wright Building, currently occupied by the Duxbury Rural & Historical Society. Town Meeting approval is required for a lease of 10 years (or more). In response to an audience question Mr. Read said the space currently occupied by the Student Union is not effected as that is under a separate lease, which was renewed a year or two ago. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM Article 37-Conveyance of a Parcel of Land Located on Summer Street from the Duxbury Affordable Housing Trust to the Conservation Commission, as presented. Second by Mr. Flynn. ROLL CALL VOTE: Mr. Madigan -"'aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM Article 34 (corrected) 38 - Transfer Of Town-Owned Land Acquired By Tax Title To The Town Of Duxbury Affordable Housing Trust - South River Lane, as presented. Second by Mr. Flynn. Mr. Dahlen explained that there are 4 parcels on S. River Lane which the town acquired by tax title foreclosures. Two of the lots would have to be combined to make one buildable lot; so essentially there are a total of 3 buildable lots. The concept is to transfer two of them to control of the DAHT to put out RFPs for affordable housing trust. Then the new article, Mr. Read brought up earlier this evening, would be to sell one of buildable lots to bring in funds as free cash. Ms. Sullivan asked if the abutters had been notified or if they would be before ATM? Mr. Dahlen said notification to the abutters would be done, and he added it is likely for the lot closest to the two existing houses would be the lot to be sold and the two more disconnected parcels would be for the affordable housing lots. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM (new) Article 39 - Transfer Of Town-Owned Land - South River Lane East to see if the Town will vote to transfer care and custody of parcels of land listed on South River Lane East, as presented. Second by Mr. Flynn. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn ~ "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved that the Board of Selectmen support 2018 ATM Article 49 (cenumbered) - Accept the Provisions of Massachusetts General Laws, Chapter 40, Section 81 - Municipal Agricultural Commission, as presented. Second by Mr. Flynn. Mr. Jeff Chandler, Chair of the Agricultural Commission (AgiCom.) said that the AgiCom is currently an advisory committee. It still will be an advisory commission, but by accepting this MGL chapter it would allow the AgiCom to: e Hold parcels of current agricultural land (e.g., the existing cranberry bogs) and oversee the management of them. For example, the current cranberry bogs owned and leased by the Town are being managed by the Conservation Commission and passing this article would enable the Agricultural Commission to assist with that process. e Would also allow the Commission to seek funding through the Community Preservation Act Commission or other grants to potentially purchase parcels for agricultural use. This is currently being done, but the parcels are under the Conservation Commission purview. e It would also allow for fundraising. He added: e The AgiCom would work in conjunction with the Conservation Agent and the Conservation Commission. e This is relatively new legislation (2016), which is gaining acceptance state-wide. e They are not looking for any staffing or funding. e The membership would basically remain the same. e The Agricultural Commission met with the Conservation Commission to discuss this and the Conservation Commission support it. Ms. Priscilla Lawn, member of the AgiCom, said the Mass Farm Bureau is in favor of all Agricultural Commissions adopting this MGL. They foresee the need to have the tools that this law provides to face growing concerns regarding agricultural properties. And in response to an audience comment she suggested if someone came to the Town with a proposal to farm a town-owned parcel, then the AgiCom could review the parcel and the proposal and make recommendations to the Town whether it was a viable project or how to properly manage it. Mr. Mangione, a Finance Committee member, asked "How many acres of agricultural land are there in Duxbury?" Ms. Lawn responded by saying, that without taking the new potential parcels to be considered at Town Meeting into consideration, the existing agricultural land, which is mostly cranberry bogs, is in the ballpark of 200 acres. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn ~ "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Madigan moved to support 2018 ATM Article 49 50 (renumbered) Island Creek ATB Professional Services, as presented for an appropriation of $40,000. Second by Mr. Flynn. Mr. Stephen Dunn, Director of Assessing, was present to answer any questions. This request was originally being considered under the capital budget, but after a discussion at the last Selectmen's Meeting it was determined that it should not be considered a capital budget item, but considered as an article. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Dahlen - "aye"; Mr. Flynn - "aye".” (Motion: Madigan, second: Flynn)

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“Mr. Flynn moved that the Board of Selectmen grant to Ms. Faith Fleming, as a representative of Faith Fleming Catering, a One-Day Wine & Malt License for the Memorial Service of George Uptonat on Saturday, February 10, 2018 at the First Parish Unitarian Church on 842 Tremont Street, Duxbury from 1:30 p.m. to 3:30 p.m., contingent upon the conditions on the license. Second by Mr. Madigan. ROLL CALL VOTE: Mr. Madigan -"aye"; Mr. Flynn - "aye"; Mr. Dahlen - "aye".” (Motion: Flynn, second: Madigan)

Read it in the official minutes, page 9 (PDF)