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Duxbury Select Board · 2018–2019 Board · Regular meeting

December 17, 2018

15 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Theodore J. Flynn, Shawn Dahlen, David J. Madigan

Absent: None

Every vote, in order

Go into Executive Session to discuss strategy with respect to potential litigation since an open meeting may have a detrimental effect on the Town's litigating position, if the Chair so declares,...

Minutes, page 1

ProceduralPassed · Unanimous, 3 present

That we go into Executive Session to discuss strategy with respect to potential litigation since an open meeting may have a detrimental effect on the Town's litigating position, if the Chair so declares, regarding the following: Duxbury Seawall in accordance with Mass. General Laws Chapter 30A, Section 21, and that the Board reconvene in Open Session on or about 7:00 PM. As Chair, Mr. Flynn declared that the necessity for an Executive Session is to discuss strategy with respect to litigation, as to do so in an Open Session may have a detrimental effect on the Town's litigating position

From the minutes

“Mr. Madigan moved that we go into Executive Session to discuss strategy with respect to potential litigation since an open meeting may have a detrimental effect on the Town's litigating position, if the Chair so declares, regarding the following: Duxbury Seawall in accordance with Mass. General Laws Chapter 30A, Section 21, and that the Board reconvene in Open Session on or about 7:00 PM. As Chair, Mr. Flynn declared that the necessity for an Executive Session is to discuss strategy with respect to litigation, as to do so in an Open Session may have a detrimental effect on the Town's litigating position. Mr. Dahlen seconded the motion. ROLL CALL VOTE: Mr. Flynn-Aye; Mr. Dahlen-Aye; and Mr. Madigan-Aye.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 1 (PDF)

Adjourn the Executive Session and immediately re-convene in Open Session at approximately 7:00pm

Minutes, page 1

ProceduralPassed · Unanimous, 3 present

That the Board adjourn the Executive Session and immediately re-convene in Open Session at approximately 7:00pm

From the minutes

“Mr. Madigan moved that the Board adjourn the Executive Session and immediately re-convene in Open Session at approximately 7:00pm. Mr. Dahlen seconded the motion. ROLL CALL VOTE: Mr. Flynn-Aye; Mr. Dahlen-Aye; and Mr. Madigan-Aye.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 1 (PDF)

Recommend the following liquor license compliance violation sanctions to Cellar d'Or (Lic #00028-PK-0300): 1

Minutes, page 3

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen recommend the following liquor license compliance violation sanctions to Cellar d'Or (Lic #00028-PK-0300): 1. Submit within 45 days a new TIPS training certificate for the violating employee; 2. Submit proof within 45 days of the acquisition and implementation of an electronic | identification verification system as approved by the Police Department; and 3. Serve the recommended five (5) days suspension to be completed by March 1, 2019; however, with four (4) days waived provided that the above requirements are satisfactorily completed and verified by the Police Department and Inspectional Services

From the minutes

“Mr. Madigan moved that the Board of Selectmen recommend the following liquor license compliance violation sanctions to Cellar d'Or (Lic #00028-PK-0300): 1. Submit within 45 days a new TIPS training certificate for the violating employee; 2. Submit proof within 45 days of the acquisition and implementation of an electronic | identification verification system as approved by the Police Department; and 3. Serve the recommended five (5) days suspension to be completed by March 1, 2019; however, with four (4) days waived provided that the above requirements are satisfactorily completed and verified by the Police Department and Inspectional Services. Seconded by Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 3 (PDF)

Open the public hearing regarding Fee Hearing

Minutes, page 3

ProceduralPassed · Unanimous, 3 present

That the Board of Selectmen open the public hearing regarding Fee Hearing

From the minutes

“Mr. Madigan moved that the Board of Selectmen open the public hearing regarding Fee Hearing. Seconded by: Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 3 (PDF)

Approve the Harbormaster Department Fees as presented, with the new fees to be effective January 1, 2019

Minutes, page 3

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen approve the Harbormaster Department Fees as presented, with the new fees to be effective January 1, 2019

From the minutes

“Mr. Madigan moved that the Board of Selectmen approve the Harbormaster Department Fees as presented, with the new fees to be effective January 1, 2019. Seconded by: Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 3 (PDF)

Approve the Municipal Services Department Fees as presented, with the new fees to be effective January 1,2019

Minutes, page 4

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen approve the Municipal Services Department Fees as presented, with the new fees to be effective January 1,2019

From the minutes

“Mr. Madigan moved that the Board of Selectmen approve the Municipal Services Department Fees as presented, with the new fees to be effective January 1,2019. Seconded by: Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 4 (PDF)

Approve the DPW Department Fees to $55 per sticker, with the new fees to be effective January 1, 2019

Minutes, page 4

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen approve the DPW Department Fees to $55 per sticker, with the new fees to be effective January 1, 2019

From the minutes

“Mr. Madigan moved that the Board of Selectmen approve the DPW Department Fees to $55 per sticker, with the new fees to be effective January 1, 2019. Seconded by: Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 4 (PDF)

Approve the Beach Sticker Fees as presented, with the new fees to be effective January 1, 2019

Minutes, page 4

ApprovePassed · 2–0

That the Board of Selectmen approve the Beach Sticker Fees as presented, with the new fees to be effective January 1, 2019

Yes: Flynn, MadiganAbstained: Dahlen

From the minutes

“Mr. Madigan moved that the Board of Selectmen approve the Beach Sticker Fees as presented, with the new fees to be effective January 1, 2019. Seconded by: Mr. Flynn Vote: 2:0:1 (Mr. Dahlen abstained).” (Motion: Madigan, second: Flynn)

Read it in the official minutes, page 4 (PDF)

Approve the Cemetery Department Fees as presented, with the new fees to be effective January 1, 2019

Minutes, page 5

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen approve the Cemetery Department Fees as presented, with the new fees to be effective January 1, 2019

From the minutes

“Mr. Madigan moved that the Board of Selectmen approve the Cemetery Department Fees as presented, with the new fees to be effective January 1, 2019. Seconded by: Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 5 (PDF)

Close the public hearing

Minutes, page 5

ProceduralPassed · Unanimous, 3 present

That the Board of Selectmen close the public hearing

From the minutes

“Mr. Madigan moved that the Board of Selectmen close the public hearing. Seconded by: Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 5 (PDF)

Approve the Local Initiative Program Regulation Agreement and Declaration of Restrictive Covenants for Ownership Project for property located at 892 Franklin Street, and authorize the Board of...

Minutes, page 5

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen approves the Local Initiative Program Regulation Agreement and Declaration of Restrictive Covenants for Ownership Project for property located at 892 Franklin Street, and authorize the Board of Selectmen Chair to execute, as presented

From the minutes

“Mr. Madigan moved that the Board of Selectmen approves the Local Initiative Program Regulation Agreement and Declaration of Restrictive Covenants for Ownership Project for property located at 892 Franklin Street, and authorize the Board of Selectmen Chair to execute, as presented. Seconded by Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 5 (PDF)

There is a Certificate of Adoption from the Board of Selectmen, Town of Duxbury, MA, a Resolution adopting the Town of Duxbury Hazard Mitigation Plan 2018 WHEREAS, the Town of Duxbury Hazard...

Minutes, page 5

Adopt resolutionPassed · Unanimous, 3 present

That there is a Certificate of Adoption from the Board of Selectmen, Town of Duxbury, MA, a Resolution adopting the Town of Duxbury Hazard Mitigation Plan 2018 WHEREAS, the Town of Duxbury Hazard Mitigation Plan 2018 contains several potential future projects to mitigate potential impacts from natural hazards in the Town of Duxbury; WHEREAS, duly-noticed public meetings were held by Planning Board on March 22, 2017 and by the Board of Selectmen on November 19, 2018; WHEREAS, the Town of Duxbury authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan, and NOW, THEREFORE BE IT RESOLVED that the Town of Duxbury Board of Selectmen adopts the Town of Duxbury Hazard Mitigation Plan 2018, in accordance with M.G.L. 40 §4 or the charter and bylaws of the Town of Duxbury. Adopted and signed this date: December 17, 2018

From the minutes

“Mr. Madigan moved that there is a Certificate of Adoption from the Board of Selectmen, Town of Duxbury, MA, a Resolution adopting the Town of Duxbury Hazard Mitigation Plan 2018 WHEREAS, the Town of Duxbury Hazard Mitigation Plan 2018 contains several potential future projects to mitigate potential impacts from natural hazards in the Town of Duxbury; WHEREAS, duly-noticed public meetings were held by Planning Board on March 22, 2017 and by the Board of Selectmen on November 19, 2018; WHEREAS, the Town of Duxbury authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan, and NOW, THEREFORE BE IT RESOLVED that the Town of Duxbury Board of Selectmen adopts the Town of Duxbury Hazard Mitigation Plan 2018, in accordance with M.G.L. 40 §4 or the charter and bylaws of the Town of Duxbury. Adopted and signed this date: December 17, 2018 Seconded by Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 5 (PDF)

Approve the 12/10/18 Open Session Selectmen's Minutes, as presented

Minutes, page 9

ProceduralPassed · Unanimous, 3 present

That the Board of Selectmen approve the 12/10/18 Open Session Selectmen's Minutes, as presented

From the minutes

“Mr. Madigan moved that the Board of Selectmen approve the 12/10/18 Open Session Selectmen's Minutes, as presented. Seconded by Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

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

Declare a temporary Bonus Shellfish Season for: 1) the commercial harvesting of softshell clams for the month of December, 2018 in accordance with posted Attachments B & C. 2) the commercial...

Minutes, page 10

ApprovePassed · Unanimous, 3 present

That the Board of Selectmen declares a temporary Bonus Shellfish Season for: 1) the commercial harvesting of softshell clams for the month of December, 2018 in accordance with posted Attachments B & C. 2) the commercial harvesting of quahog clams for the month of December, 2018 in accordance with posted Attachments A & C. 3) the recreational harvesting of softshell clams for the month of December, 2018 in accordance with posted Attachment D

From the minutes

“Mr. Madigan moved that the Board of Selectmen declares a temporary Bonus Shellfish Season for: 1) the commercial harvesting of softshell clams for the month of December, 2018 in accordance with posted Attachments B & C. 2) the commercial harvesting of quahog clams for the month of December, 2018 in accordance with posted Attachments A & C. 3) the recreational harvesting of softshell clams for the month of December, 2018 in accordance with posted Attachment D. Seconded by Mr. Dahlen Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 10 (PDF)

Adjourn

Minutes, page 10

ProceduralPassed · Unanimous, 3 present

That the Board adjourn

From the minutes

“Mr. Madigan moved that the Board adjourn. Seconded by Mr. Dahlen. Vote: 3:0:0.” (Motion: Madigan, second: Dahlen)

Read it in the official minutes, page 10 (PDF)

From the Duxbury Select Board’s official minutes, posted on the town website. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos of current members: stills from The Local Seen (Duxbury’s local cable) candidate videos (Amy MacNab 2022; Fernando Guitart and Cynthia Ladd Fiorini 2024; Brian Glennon and Michael McGee 2026). Former members show initials.

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