MANCHESTER-BY-THE-SEA

Transcription

1 MANCHESTER-BY-THE-SEA BOARD OF SELECTMEN TOWN HALL Manchester-by-the-Sea, Massachusetts Telephone (978) FAX (978) MINUTES OF THE BOARD OF SELECTMEN February 5, :30 p.m. Town Hall MEMBERS PRESENT: Chairman Boling, Mr. Kehoe, Mr. Steinert, Ms. Driscoll and Ms. Beckmann MEMBERS ABSENT: STAFF PRESENT: Mr. Federspiel, Town Administrator, Ms. Hunter, Clerk Finance Committee and Ms. Bertoni, Conservation Commission Administrator GUESTS: Ms. Ervin, Mr. Gang Chairman Conservation Commission PRESS: At 6:34 p.m., Chairman Boling called the meeting to order noting that the meeting was being video/audio-taped by volunteers from Cape Ann TV and audio-taped by Ms. Hunter and asked that if anyone in the audience was taping the meeting, they should let the Board of Selectmen know. 0. Item not on the Agenda Ms. McGovern, 115 Beach Street, Chairman Boling indicated Ms. McGovern was bringing up an item that needed to go on the agenda. Ms. McGovern had forwarded and to the BOS regarding fluoride in the water. She requested to speak for one minute and initiated a presentation regarding fluoride in Town water Chairman Boling ended the discussion and stated he was not okay with an issue being brought forward in this manner. Ms. McGovern was asked to forward the information to the Board of Selectmen for consideration and to be formally added to the agenda at a future date. 1. Conservation Commission Proposed Bylaw Change Steve Gang Conservation Commission Chair, Mr. Gang presented a proposal to amend general wetlands bylaw article 17 at April 2018 Town Meeting. The Commission proposes that Town Meeting in April add unspoiled wetland scenery to the list of what is protected in and around the Town s wetlands. This proposal is the result of more than a year s work by a subcommittee of the Conservation Commission which evaluated the need and compared experiences of other Towns in Massachusetts. By making this simple change, Town Meeting voters will enable the Conservation Commission to protect the beauty of unspoiled wetland scenery the community now enjoys. There are four important points regarding the proposed changes: 1. The change covers wetlands already in the Commission s jurisdiction and not any additional or different properties. Board of Selectmen minutes Page 1

2 2. Seeks to protect unspoiled wetlands scenery, not what already has noticeable man-made alterations. 3. Works for the public in general, not for a few people or neighbors. 4. Will not be the sole reason for rejecting a proposal that impacts wetlands. Mr. Gang presented and discussed several photographs examples of what may or may not be covered with the bylaw change. Additionally, the Commission presented possible language for new Conservation Commission Regulations to be finalized after Town Meeting considers bylaw amendment on unspoiled wetland scenery. The Board thanked Mr. Gang for his comprehensive presentation and recognized the thoughtful considered work of the Commission on behalf of the Community. Mr. Kehoe indicated it is important for citizens to understand the criteria being proposed prior to voting. Ms. Beckmann thought the packet of information was very good and would help to educate the community on the proposed change. Additionally, she thought it was important for the Commission to be able to anticipate and address concerns presented by voters in a well thought out communication plan of town meeting. Chairman Boling indicated the Board would support placing the bylaw change on the Warrant and highlight the change in the BOS Monthly Newsletter. 2. Downtown Improvement Committee Andy Harris Mr. Harris, Chair of the Downtown Improvement Committee spoke to the proposed round-about for the end of Pine, Bridge and Central Streets. In conversations with the Interim DPW Director, he and the Director identified an example of this type of roundabout in Hanover, NH. Mr. Harris thought it would be beneficial for Board members and members of the Committee to take a field trip to observe and drive the round-about prior to installation of the round-about this spring. Chairman Boling indicated, he understood, that DPW was to come up with a trial round-about and following the trial would further develop the project. Scheduling a trip to Hanover, NH is under further consideration. (Editor s note: the correct location of the suggested round-about is in Concord NH at Exit 16 off I93.) 3. Historic District Commission Communications Chairman Boling indicated there were s received indicating the Historic District Commission may need assistance in understanding the proper way of communicating amongst the members, specifically referring to s from HDC members. He thought it would help to also provide pointers on the correct way to hold a public hearing according to State Regulations. Mr. Kehoe stated his concerns about a complete understanding of the Open Meeting Law. Both Ms. Driscoll and Ms. Beckmann thought it was important to hold Committee training on conducting meetings. Letters will be sent to Committees providing regulations and indicating compliance is imperative. 4. Annual Town Meeting Town Budget Mr. Federspiel presented budget recommendations from the Finance Committee in 3 areas: Fire Budget, Police Budget and School Budget: Fire Budget: The Finance Committee is positioned to approve the Floater Fire Fighter position with the understanding that efforts to regionalize are pursued. Additionally, the Board of Selectmen minutes Page 2

3 Committee is asking the Chief to reduce his operating budget by another $20K with the net impact of the new hire at $22K. The Finance Committee would like to delay the new ambulance purchase until FY 20. Police Budget: The Committee is recommending the injured officer position be dropped from the Police Department Budget and if the case is not resolved the position be covered by reserve fund transfers. BOS is more comfortable leaving the 6 months of his salary in the Police Department Budget or if the Finance Committee does not agree adding funds to the Reserves. School Budget: The Finance Committee is supporting the 3.65% increase in the School budget indicating that to continue at this level future overrides will be necessary. Additionally, there are some discussions in the Community to add $200K to the District budget to avoid cutting electives in the High School. The request will not likely come from the District. Citizens Petitions There are two citizen petition articles that will appear on the Warrant. One is to ban non-medical marijuana establishments. This is proposed as a zoning bylaw which takes a 2/3 vote as well as a majority vote at the ballot; given the Town s earlier approval of the state-wide ballot initiative to legalize recreational use. The petition was brought forward by Ms. Centner, 72 School Street. Proposed Zoning Bylaw Article: To see if the Town will vote to amend the own s Zoning Bylaw by adding a new Section Marijuana Establishments, that would provide as follows, with the understanding that in accordance with G.L.c. 94G, section 3 (a) (2) such bylaw must also be approved by the voters of the Town at an election: Sections Consistent with G.L. c.94g, section 3 (a) (2), all types of non-medical marijuana establishments as defined in G.L. c.94g, section 1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana related businesses, shall be prohibited within the Town of Manchester-by-the-Sea. The second petition requests $1K in Town funding for veterans grave flowers. Alternatively, Freedom Flowers Fund could be set up as a donation vehicle to fund the effort to place carnations on the graves of all veterans. The Board of Selectmen recommends this in place of a request for $1K in Town funding, a precedent the Board is reluctant to support. The petition was brought forward by a High School senior who is interested is seeing the project continue as an annual event. Mr. Wilson, Town Moderator, is willing to allow the High School senior to speak at Town Meeting for what the Board and Moderator feel is a noble cause and outstanding example of leadership by a young person in the community. 5. Report on Recreational Marijuana Listening Session There were two listening sessions conducted around recreational marijuana. According to Ms. Delisio, Planning Board Member, the first session was predominately negative; while the second session was predominately positive for supporting some form of marijuana sales in the community. Board of Selectmen minutes Page 3

4 Chairman Boling indicated it was impossible to poll all the voters in Town and he thought it was important to make additional options available, assuming a ban did not pass. The option to consider allowing marijuana sales in the limited commercial district could be an additional warrant article for Town Meeting. Chairman Boling indicated there was a limited amount of time to prepare options, he is recommending 3 options general by law ban and limited commercial district in addition to the Citizen Petition Ban. Town Moderator indicated he thought he could manage the discussion on the possibility of 3 warrant article and accurately explain the choices to the citizens. Mr. Federspiel will request Town Counsel draft the two additional warrant articles on the marijuana issue. 6. School Building Discussion The School Building is down to one option a rebuild, N-3, the Hub. The School Committee and School Building Committee will vote to approve the final selection on February 13, The final price on the rebuild is not expected to be available until June According to Chairman Boling there are several steps to submit to MSBA prior to the costs being distilled for final reveal. A subcommittee of the Finance Committee is working on a comprehensive Capital Plan for the Town with a view to 5-10 years. The bond for the new school construction will be projected at 3 levels high, mid-range and low. Discussion on this project is a topic for the Board to address with the Finance Committee. Mr. Federspiel anticipates the project will be available to review with the BOS in a month s time. Timing for the Fall Town Meeting was discussed. Fall state-wide election is scheduled for November 6, Town meetings have traditionally been at least 35 days prior to ballot vote due to the deadline for getting the ballot questions to the Town Clerk. This would be October 1, 2018 for Town Meeting unless we decide to give the ballot question to the Town Clerk prior to an actual town meeting vote which is how other communities is do it. The sense is the schools will require all that time we can give them to promote and educate the public on the new school and that a mid- October date might be best. 7. Consent Agenda BOS Minutes Fire Dispatch Joint Memorandum of Understanding between Police and Fire Declaration of Surplus Items from Manchester Fire Department Old generators, trash pump, siren, whistle, press, water vacuum and screen doors Increase of Building, Electrical and Plumbing Permit Fees Request for Kayak Racks Harbor Master Event Requests: A) Misery Island Challenge July 21, 2018 B) Cape Ann PMS Kid Ride September 2018 C) Half Marathon-by-the-Sea September 23, 2018 Board of Selectmen minutes Page 4

5 D) Gardner Project Road Race March 31, 2018 E) Easter Egg Hunt March 31, 2018 Board Committee Appointments: A) Cable Access Corp. Rep. Paul Jermain B) Welcoming Committee Frederik Johnson C) July 4 th Committee Adrianna Day Commendation for Retired Call Fire Fighter Mike Cupoli Essex County Club ABCC Approval New Manager Conservation Commission Resignation There was brief discussion regarding the Consent Agenda. Ms. Driscoll wanted to be sure there is no historic value in the items being moved out of the Fire Department. Specifically, the whistle and siren she suggested these items be presented to the Historic Society and/or Seaside One Committee. Ms. Driscoll also asked that all Retired Call Fighters receive Commendations. Misery Island Challenge is pulled from the Consent Agenda to discuss the cost of Harbor Master support of the event. Will be revisited on 2/20/2018. Minutes for 1/22/2018 were also pulled from the Consent Agenda, Ms. Beckman was not present for that meeting Mr. Kehoe moved to approve the remaining items on the Consent Agenda with one edit to the Minutes of 12/18/2017, Ms. Driscoll seconded the motion. The motion passed unanimously. Mr. Kehoe moved to approve the minutes for 1/22/2018, Ms. Driscoll seconded the motion. The motion passed with Ms. Beckmann abstaining. 8. Correspondence Mass DOT letter Dated Streamline Project Initiation Process Governor Baker s Race Amity Day Observance Proclamation & Workshop There was no discussion on correspondence. 9. Town Administrator s Report DPW Search: top candidates will be returning for final interviews. The goal is to have a selected candidate for the Board to ratify at your meeting on February 20, Dredging: The work is completed. The project went smoothly and came in under budget and on time. Our consultant, Christine Player from CLE did a great job for us as did the contractor, Prock Marine. Chowder House: Hopefully we will have an agreed to change order to deal with the extra shoring-up we need to do. We may need to consider a reserve fund transfer to pay for the overage with the intent to replenish in part from CPC funds. We could also consider using donated funds from DeBeaumont Fund. Board of Selectmen minutes Page 5

6 Municipal Vulnerability Preparedness Grant/Project: The Town received a small grant of $15K to help us better educate the public about the more vulnerable parts of Town to climate change impacts and to gain better community consensus on what actions we should be taking. Salem Sound Coast Watch and Tighe and Bond, the engineers who have been working on the Sawmill Brook Project, will assist us with this effort. Part of the effort will include interviews with residents, business leaders and elected officials. Two public workshops will be scheduled later this spring. Shipman Article on Spending: will appear in the Cricket. 10. Other Matters, as may not have been reasonably anticipated by the Chair (discussion only). The Board moved into executive session. Board of Selectmen moved to Executive Session #3 [G.L.C. 30A, Section 21 (A) (30]: To discuss strategy with respect to Collective Bargaining on Litigation if an open meeting may have a detrimental effect on the Bargaining or Litigation position of the public body and the Chair so declares. KP Law Potential Litigation/Opioids There were no additional matters brought before the Board. Gail Hunter, Clerk APPROVED: March 27, 2018 Board of Selectmen minutes Page 6