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Duxbury Select Board · 2022–2023 Board · Regular meeting

January 9, 2023

18 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Fernando Guitart, Cynthia Ladd Fiorini, Michael McGee, Theodore J. Flynn, Amy M. MacNab

Absent: None

During the meeting:

  • Michael McGee arrived late.

Every vote, in order

Go into Executive Session for the purpose of: Discussing strategy with respect to collective bargaining (Police, Fire, and Dispatchers) since an open meeting may have a detrimental effect on the...

Minutes, page 1

ProceduralPassed · Unanimous, 4 present

We go into Executive Session for the purpose of: Discussing strategy with respect to collective bargaining (Police, Fire, and Dispatchers) since an open meeting may have a detrimental effect on the litigating and bargaining position of the Town; if the Chair so declares, in accordance with Mass. General Laws Chapter 30A, section 21, and that the Board will adjourn and re-convene in Open Session on or about 7:00pm immediately after completion of this Executive Session. "Mr. Guitart, As Chair, declared that the necessity for an Executive Session to conduct strategy sessions in preparation for contract negotiations as to do so in an Open Session may have a detrimental effect on the Town's bargaining, strategizing and negotiating position."

Michael McGee had not yet arrived.

From the minutes

“Mr. Guitart moved we go into Executive Session for the purpose of: Discussing strategy with respect to collective bargaining (Police, Fire, and Dispatchers) since an open meeting may have a detrimental effect on the litigating and bargaining position of the Town; if the Chair so declares, in accordance with Mass. General Laws Chapter 30A, section 21, and that the Board will adjourn and re-convene in Open Session on or about 7:00pm immediately after completion of this Executive Session. "Mr. Guitart, As Chair, declared that the necessity for an Executive Session to conduct strategy sessions in preparation for contract negotiations as to do so in an Open Session may have a detrimental effect on the Town's bargaining, strategizing and negotiating position." Seconded by Mr. Flynn - Roll Call Vote: Mr. Guitart-Aye; Ms. Ladd Fiorini-aye; Mr. Flynn-Aye; and Ms. MacNab-Aye (Mr. McGee arrived after the Call to Order).” (Motion: Guitart, second: Flynn)

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

Adjourn the Executive Session and re-convene in Open Session on or about 7:00pm

Minutes, page 2

ProceduralPassed · Unanimous, 5 present

That the Selectboard adjourn the Executive Session and re-convene in Open Session on or about 7:00pm

From the minutes

“Mr. McGee moved that the Selectboard adjourn the Executive Session and re-convene in Open Session on or about 7:00pm. Seconded by Ms. MacNab - Mr. Guitart-aye; Ms. Ladd Fiorini-aye; Mr. McGee-aye; Ms. MacNab- aye; and Mr. Flynn-aye.” (Motion: McGee, second: MacNab)

Read it in the official minutes, page 2 (PDF)

Open the aquaculture float license public hearing advertised in the Duxbury Clipper on December 21, 2022 regarding aquaculture float license renewal applications from the aquaculture grant holders...

Minutes, page 2

ApprovePassed · Unanimous, 5 present

That the Selectboard open the aquaculture float license public hearing advertised in the Duxbury Clipper on December 21, 2022 regarding aquaculture float license renewal applications from the aquaculture grant holders named in the notice

From the minutes

“Mr. McGee moved that the Selectboard open the aquaculture float license public hearing advertised in the Duxbury Clipper on December 21, 2022 regarding aquaculture float license renewal applications from the aquaculture grant holders named in the notice. Seconded by Mr. Flynn Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 2 (PDF)

Approve the float license renewal applications submitted by the following applicants: Arthur Bennett, William Bennett, Mark Bouthillier, Brad Doyle, Scott Doyle, Michael George, Stephen Gilbert,...

Minutes, page 2

ApprovePassed · Unanimous, 5 present

That the Selectboard approve the float license renewal applications submitted by the following applicants: Arthur Bennett, William Bennett, Mark Bouthillier, Brad Doyle, Scott Doyle, Michael George, Stephen Gilbert, Joseph Grady, Christian Horne, Robert Knecht, Benjamin Lloyd, Victoria Lloyd, John McCluskey, William McCormick, Donald Merry, Gregory Morris, Christopher Phillips, Joseph Pierce, Peter Prime, Kevin Thomson, and Brian Zec and, as required by MGL 130 sec 57-68, grant permission to conduct activities as outlined by the Management Plan- (Designated Aquaculture Area, Federal Anchorage, DBMS Upweller-Aquaculture Float) pending all Federal, State, and local reviews and approvals

From the minutes

“Mr. McGee moved that the Selectboard approve the float license renewal applications submitted by the following applicants: Arthur Bennett, William Bennett, Mark Bouthillier, Brad Doyle, Scott Doyle, Michael George, Stephen Gilbert, Joseph Grady, Christian Horne, Robert Knecht, Benjamin Lloyd, Victoria Lloyd, John McCluskey, William McCormick, Donald Merry, Gregory Morris, Christopher Phillips, Joseph Pierce, Peter Prime, Kevin Thomson, and Brian Zec and, as required by MGL 130 sec 57-68, grant permission to conduct activities as outlined by the Management Plan- (Designated Aquaculture Area, Federal Anchorage, DBMS Upweller-Aquaculture Float) pending all Federal, State, and local reviews and approvals. Seconded by Ms. MacNab_ Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: MacNab)

Read it in the official minutes, page 2 (PDF)

Close the aquaculture float license public hearing

Minutes, page 3

ApprovePassed · Unanimous, 5 present

That the Selectboard close the aquaculture float license public hearing

From the minutes

“Mr. McGee moved that the Selectboard close the aquaculture float license public hearing. Seconded by Ms. MacNab Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: MacNab)

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

Continue the public hearing recessed from December 12, 2022 regarding proposed fee changes for the Harbormaster Department

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

That the Selectboard continue the public hearing recessed from December 12, 2022 regarding proposed fee changes for the Harbormaster Department. This was re-advertised in the Clipper on 12/28/22 and 1/4/23

From the minutes

“Mr. McGee moved that the Selectboard continue the public hearing recessed from December 12, 2022 regarding proposed fee changes for the Harbormaster Department. This was re-advertised in the Clipper on 12/28/22 and 1/4/23. Seconded by Mr. Flynn Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: Flynn)

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

Approve the fee changes proposed by the Harbormaster as presented, and as recommended by the Fiscal Advisory Committee, with new fees starting effective January 1, 2023

Minutes, page 3

ApprovePassed · Unanimous, 5 present

That the Selectboard approve the fee changes proposed by the Harbormaster as presented, and as recommended by the Fiscal Advisory Committee, with new fees starting effective January 1, 2023

From the minutes

“Motion: Mr. McGee moved that the Selectboard approve the fee changes proposed by the Harbormaster as presented, and as recommended by the Fiscal Advisory Committee, with new fees starting effective January 1, 2023. Seconded by Ms. MacNab_ Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: MacNab)

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

Close the public hearing regarding proposed fee changes

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

That the Selectboard close the public hearing regarding proposed fee changes

From the minutes

“Mr. McGee moved that the Selectboard close the public hearing regarding proposed fee changes. Seconded by Ms. MacNab Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: MacNab)

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

Acknowledge the Citizens Petition to lay out Evergreen Terrace as a public way, all as shown on a plan entitled "Street Acceptance Plan for Evergreen Terrace Duxbury, Massachusetts", dated...

Minutes, page 4

ApprovePassed · Unanimous, 5 present

That the Selectboard vote to acknowledge the Citizens Petition to lay out Evergreen Terrace as a public way, all as shown on a plan entitled "Street Acceptance Plan for Evergreen Terrace Duxbury, Massachusetts", dated December 8, 2022, prepared by McKenzie Engineering Group, which plan is on file with the Town Clerk, and to forward this vote and the plan to the Planning Board for its comments and recommendations pursuant to G.L. c. 41, §§81G and 811

From the minutes

“Mr. McGee moved that the Selectboard vote to acknowledge the Citizens Petition to lay out Evergreen Terrace as a public way, all as shown on a plan entitled "Street Acceptance Plan for Evergreen Terrace Duxbury, Massachusetts", dated December 8, 2022, prepared by McKenzie Engineering Group, which plan is on file with the Town Clerk, and to forward this vote and the plan to the Planning Board for its comments and recommendations pursuant to G.L. c. 41, §§81G and 811. Seconded by Mr. Flynn Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: Flynn)

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

Pursuant to the vote taken under Article 18 of the May 15, 2021, Annual Town Meeting, to take by eminent domain permanent easements in, on, under, across and along certain parcels of land located...

Minutes, page 5

Adopt orderPassed · Unanimous, 5 present

Pursuant to the vote taken under Article 18 of the May 15, 2021, Annual Town Meeting, to take by eminent domain permanent easements in, on, under, across and along certain parcels of land located on Bay Avenue, Cable Hill Way, Ocean Road South, Ocean Road North, Gurnet Road, and Lewis Court and identified more particularly in the Order of Taking prepared by Town Counsel for public access purposes and for the purpose of undertaking a dune nourishment project, and to execute, and to authorize the Chair to execute, on behalf of the Selectboard, the Order of Taking and any and all other documents related thereto, and award no damages for said taking

From the minutes

“Mr. McGee moved, pursuant to the vote taken under Article 18 of the May 15, 2021, Annual Town Meeting, to take by eminent domain permanent easements in, on, under, across and along certain parcels of land located on Bay Avenue, Cable Hill Way, Ocean Road South, Ocean Road North, Gurnet Road, and Lewis Court and identified more particularly in the Order of Taking prepared by Town Counsel for public access purposes and for the purpose of undertaking a dune nourishment project, and to execute, and to authorize the Chair to execute, on behalf of the Selectboard, the Order of Taking and any and all other documents related thereto, and award no damages for said taking.. Seconded by Ms. MacNab Vote: 5:0:0.” (Motion: McGee, second: MacNab)

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

Appoint or re-appoint the following: Affordable Housing Trust Stephan Marshall - fill unexpired term Appointment 06-30-2024 Board of Appeals (Zonin: Philip Thorn - fill unexpired term Appointment...

Minutes, page 6

AppointPassed · Unanimous, 5 present

That the Selectboard appoint or re-appoint the following: Affordable Housing Trust Stephan Marshall - fill unexpired term Appointment 06-30-2024 Board of Appeals (Zonin: Philip Thorn - fill unexpired term Appointment 06-30-2024

From the minutes

“Mr. McGee moved that the Selectboard appoint or re-appoint the following: Affordable Housing Trust Stephan Marshall - fill unexpired term Appointment 06-30-2024 Board of Appeals (Zonin: Philip Thorn - fill unexpired term Appointment 06-30-2024 Seconded by Ms. MacNab Vote: 5:0:0.” (Motion: McGee, second: MacNab)

Read it in the official minutes, page 6 (PDF)

Grant to Ms. Samantha Allen (Law Mom): thirteen (13) One-Day Wine & Malt Licenses for their monthly Wine & Wills events to be held at 5 Chestnut Street, Duxbury, (see list below for dates), from...

Minutes, page 7

ApprovePassed · Unanimous, 5 present

That Ms. Samantha Allen, as a representative of Law Mom, LLC, is granted thirteen (13) One-Day Wine & Malt Licenses for their monthly Wine & Wills events to be held at 5 Chestnut Street, Duxbury, (see list below for dates), from 7:00 pm to 9:00 pm, subject to the conditions of the licenses. Thursday, January 19, 2023 Thursday, August 24, 2023 Thursday, February 16, 2023 Thursday, September 21, 2023 Thursday, March 16, 2023 Thursday, October 12, 2023 Thursday, April 13, 2023 Thursday, October 19, 2023 Thursday, April 27, 2023 Thursday, November 2, 2023 Thursday, May 11, 2023 Thursday, December 7, 2023 Thursday, May 18, 2023

From the minutes

“Mr. McGee moved That Ms. Samantha Allen, as a representative of Law Mom, LLC, is granted thirteen (13) One-Day Wine & Malt Licenses for their monthly Wine & Wills events to be held at 5 Chestnut Street, Duxbury, (see list below for dates), from 7:00 pm to 9:00 pm, subject to the conditions of the licenses. Thursday, January 19, 2023 Thursday, August 24, 2023 Thursday, February 16, 2023 Thursday, September 21, 2023 Thursday, March 16, 2023 Thursday, October 12, 2023 Thursday, April 13, 2023 Thursday, October 19, 2023 Thursday, April 27, 2023 Thursday, November 2, 2023 Thursday, May 11, 2023 Thursday, December 7, 2023 Thursday, May 18, 2023 Seconded by Ms. MacNab Vote: 5:0:0.” (Motion: McGee, second: MacNab)

Read it in the official minutes, page 7 (PDF)

Approve the 09/12/22 Selectboard Open Session Minutes, as presented (Cindy to abstain, not present)

Minutes, page 7

ProceduralPassed · 4–0

To approve the 09/12/22 Selectboard Open Session Minutes, as presented (Cindy to abstain, not present)

Yes: Flynn, Guitart, MacNab, McGeeAbstained: Fiorini

From the minutes

“Mr. McGee moved to approve the 09/12/22 Selectboard Open Session Minutes, as presented (Cindy to abstain, not present) Seconded by Mr. Flynn Vote: 4:0:1 (Ms. Ladd Fiorini-abstained, not present).” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 7 (PDF)

Approve the 09/26/22 Selectboard Open Session Minutes, as presented. (All can vote)

Minutes, page 7

ProceduralPassed · Unanimous, 5 present

To approve the 09/26/22 Selectboard Open Session Minutes, as presented. (All can vote)

From the minutes

“Mr. McGee moved to approve the 09/26/22 Selectboard Open Session Minutes, as presented. (All can vote) Seconded by Mr. Flynn Vote: 5:0:0.” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 7 (PDF)

Approve the 10/03/22 Selectboard Open Session Minutes, as presented. (All can vote)

Minutes, page 7

ProceduralPassed · Unanimous, 5 present

To approve the 10/03/22 Selectboard Open Session Minutes, as presented. (All can vote)

From the minutes

“Mr. McGee moved to approve the 10/03/22 Selectboard Open Session Minutes, as presented. (All can vote) Seconded by Mr. Flynn Vote: 5:0:0.” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 7 (PDF)

Approve the 12/12/22 Selectboard Open Session Minutes, as presented (Amy and Cindy to abstain, not present)

Minutes, page 7

ProceduralPassed · 3–0

To approve the 12/12/22 Selectboard Open Session Minutes, as presented (Amy and Cindy to abstain, not present)

Yes: Flynn, Guitart, McGeeAbstained: Fiorini, MacNab

From the minutes

“Mr. McGee moved to approve the 12/12/22 Selectboard Open Session Minutes, as presented (Amy and Cindy to abstain, not present) Seconded by Mr. Flynn Vote: 3:0:2 (Ms. MacNab and Ms. Ladd Fiorini abstained-not present).” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 7 (PDF)

Approve the 12/23/22 Selectboard Open Session Minutes, as presented (Cindy and Mike to abstain, not present)

Minutes, page 7

ProceduralPassed · 3–0

To approve the 12/23/22 Selectboard Open Session Minutes, as presented (Cindy and Mike to abstain, not present)

Yes: Flynn, Guitart, MacNabAbstained: Fiorini, McGee

From the minutes

“Mr. McGee moved to approve the 12/23/22 Selectboard Open Session Minutes, as presented (Cindy and Mike to abstain, not present) Seconded by Mr. Flynn Vote: 3:0:2 (Mr. McGee and Ms. Ladd Fiorini-abstained, not present).” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 7 (PDF)

Adjourn at approximately 9:35pm

Minutes, page 8

ProceduralPassed · Unanimous, 5 present

That the Board of Selectmen adjourn at approximately 9:35pm

From the minutes

“Mr. McGee moved that the Board of Selectmen adjourn at approximately 9:35pm. Seconded by Mr. Flynn Roll Call Vote: Mr. Guitart-aye; Ms. Ladd Fiorini-Aye; Mr. McGee-Aye; Ms. MacNab-Aye; and Mr. Flynn-Aye.” (Motion: McGee, second: Flynn)

Read it in the official minutes, page 8 (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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