Select Board: January 5, 2023

Transcript captured from MHTV’s Vimeo auto-captioning. No speaker labels; proper names and dollar figures occasionally misheard. Click any timecode to jump to that moment in the source video.

0:01 you

0:08 Okay, I’d like to call this meeting to order and just as soon as we do we’re going to head into executive. Session and I’d like to mention make a motion to that effect. Which is the motion to go into an executive session under General law section 38 for the purposes of contract negotiations Finance director. Where the public discussion on the same may have a detrimental effect on the negotiation position of the public body votes may be taken and if there are votes they will be released at a time deemed appropriate by counsel. The board will reconvene and open session after the executive session. All right.

0:54 Yeah singer. It’s noon in favor, Ms. Becker in favor, Mr. Greater in favor. Thank you.

1:19 So we are still in session. Thank you all for your for your patience.

1:27 I’d like to to bring Alicia Benjamin up to up to the front if we could if you could take a seat right here, Alicia.

1:37 Thank you, Mr. Chair in The Honorable board. You thank you very much Alicia for everybody here and everybody on online here. Alicia is as just been we’ve just had a contract conclusion for her employment as Finance director of the town of Marblehead. So we’re absolutely delighted to to have been through this process with you more very excited about, you know continuing with you. Now what we need to do formally however is appoint you And absent any further discussion, I’d like to entertain a motion to appoint you Alisha Benjamin subject to the execution of the unanimous unanimously approved contract of

2:24 employment to finance director. And I don’t think it’s a poll vote. If I could have a motion. So moved and a second all those in favor. Unanimous congrat. Thank you so much. Congratulations.

2:45 Welcome aboard welcome that many people okay happiest man in the house right here. No question about it. We’re delighted Evolution board. He’s really special. Okay, it’s it’s with great pleasure that we moved to the next agenda item. Which is a police department a medal of commendation. For lieutenant Sean Sweeney senior, and I’d like to invite the the police chief forward. Chief it’s all that’s all yours.

3:31 Thank you. Jeremy greater. Thank you select board for having me today in the position to have this recognition for attendance community. So it’s an honor to be in a position that I get to receive recognize exactly actions in the line of duty today. I’ll presenting Lieutenant Sean Sweeney senior technically, but the medal of commendation the highest recognition of our moral and police department has for actions while in the line of duty. This is not surprising. He told me he didn’t want a medal and he’s keeping anyway, but I’ll be ordering one to bring back into the department tradition and presented at a later date. He also totally that he didn’t want to be recognized and listen to that either the combination process for background does

4:17 start with the letter of recommendation from a superior officer in that case. It was detective Sergeant Brady who formally wrote one to me for me to review. I knew even for prior to receive in the recommendations that is actions were exempler. But I needed to conduct my own Court inquiry to the specifics that the specifics of what appeared to be the tenants Sweeney risking his life for that of another I interviewed others to I interviewed others on scene. I spoke to Sean himself and I was able to confirm that his actions were beyond the Call of Duty and he did in fact risk his life for that of another because of his decisive actions did in fact say the young woman’s life. I know Sean’s not thrilled about being the center of attention.

5:04 And in the spotlight, but with his impending retirement coming up. He’s just shy of 25 years. I wanted to also thank him for his years of service to the citizens of Marvel pay. I also wanted the person who’s thinking for two things for inspiring. Both of his sons to become police officers. They’re here before you today and then finally for settling and setting an example for both of them to fall. So I’m going to call Lieutenant Sweeney in and I’m going to formally read the letter of accommodation. since we

5:40 just

5:49 you

5:54 Are accommodation awarded to Lieutenant Sean Sweeney senior? From time to time and official Commendation of such performance and the arrangement of appropriate publicity shall be provided by the department to get full public recognition to those that brought honor to themselves in the department of December 4 2022 at three 306 PM lieutenant John Sweeney senior responded to a report over the short woman on Point of Rocks Lane an area among oceans edge with the path of rocks leading directly to the water in his actions for such an official accommodation. background As attended that as the lieutenant approached he found a woman that was uncontrollably crying and unresponsive to his attempts to communicate with her after a quick assessment attendance

6:40 3D identified that she had traversed to an area of the rocks. It sits along the Ocean Edge. Further the waves were crashing into the Rocks dangerously close in the floating was slippery and treasures. Immediate and deliberate actions needed to be taken as one cycle would result in the woman going to the ocean. Suddenly the woman was in fact from the ocean and the tenants really had to make a decision that most likely say her life. Described by the Second Officer on scene officer be police the tennis Sweeney immediately jumped in the fridge of water to assist the woman back for safety as he was waiting steep in the water holding on to a Shore rock with one arm. He sees maybe the only opportunity to grab her as the title search brought her back in. Potentially himself would say would later say that he had not having not been able to grab onto her sweatshirt. She

7:28 had been told father out to the ocean water with a little chances to survive Lieutenant sweetie assisted by Officer deep beliefs pull the woman from the water in health or secure to the Rocks until the fire rescue boat arrived. With the aid of both Marblehead fire fighters and police officers. The woman was transported up the Rocks another treacherous attacks into safety. The tenant Sweeney was able to safely exit the water was warmed up and thankfully injury free. The woman still not communicative was unintended as well. I’ll be at cold and scared upon receiving in reviewing Sergeant Brady’s formal recognition of Lieutenant communities conduct on that day. I felt his actions are worthy of the Department’s highest territorious recognition in medal of commendation.

8:15 As I can bring noted tenant Suite bravery and selflessness should be recognized the water temperature was roughly 49 degrees and the Seas were chopping the tenant sweetie did not hesitate but his to put his own life at risk to save a young woman who could have easily perished. If not for lieutenant sleep. In a swinging performed exceptional acts above the normal Call of Duty on the Ocean’s Edge that day he risked his light shows the spursive coverage because of his quick decision-making saved a person’s life is Valor or boldness and determination if had facing great danger is worthy of the highest commendation. A fine example for all numbers for the Department to follow in their own service. Congratulations.

9:17 I’d also like to say that you know in addition. Please we see it, please we see in addition to the medal of commendation which is as the chief mentioned the police department’s highest meritories recognition of Lieutenant, sweetie for your decisive forthright and brave action. I would like to publicly commend you on behalf of the select board and propose the publicly recognize Lieutenant Sweeney with a letter of appreciation from the entire select board. So I’d like to entertain such motion right now. if I could can I have and a second all those in favor I’d like to also say the lieutenant Lieutenant Sweeney’s actions are completely within character.

10:03 And representative of the highest traditions of the Marblehead Police Department. Whose members? Are willing to put themselves In Harm’s Way? And to sacrifice for the protection and safety of the citizens of our great town. Thank you again as well. Thank you.

10:29 Appreciate it. Thank you for all of you for coming. very moving

10:38 get anything else. No, I’m one other. Yes, so please yes. Yes.

10:52 I said perfectly and

10:56 thank you.

11:15 Like what are you doing?

11:22 And we’re not down the place is still up. Yeah, he’s got that the lease. Yep. You you want to set it up or do you want him to say? Yeah, he’s he’s on the whole process. Okay.

11:38 Chief King, I do believe you are still on the agenda. So if you wouldn’t mind coming forward

11:49 what a elite they drinking out that I can’t take them anywhere.

12:03 Thank you. Great.

12:08 We’ll call the island where you want just okay. So um, so I’m recording I’m asking for the select board to approve the contract for leasing for two vehicles that were approved pursuant to last year’s warrant articles. So this is just the the official terms and conditions of the leasing agreement and the like and We need board approval after which the town has already designated this these fundings. Perfect. Perfect. Thank you. Just one question. Are there how many providers of vehicles are there out there that so is it a pretty there’s not a lot of choice. So there’s probably two or three in New England that most of the Departments rely on.

12:54 Yeah, and I feel that you know having worked with many of them, you know, it’s about personal relationships and different things like that. The pricing’s on the car are pretty non-negotiable because the police interceptors especially the hybrids you’re getting exactly what you want where you do make some ability to make some changes and account for some of the money is the outfitting and so we do as much as we can to whatever Crews that we’re taking out of service outfit into the new Cruisers and the like and we do some internally our computers and stuff like that unfortunate to have started to know satin that can work on those and do those switchovers because those cost money so the outfitting you know, we do a pretty good job as well. I would add that a lot of the purchasing of Public

13:41 Safety vehicles are done through consortiums that actually do the bidding in the municipalities participate in the Consortium. So that’s where the Any kind of price advantages are done through the Consortium process. And we just take the benefits of that. Yes.

14:02 Any other points of discussion the question, please there um are these is it a high are these hybrid vehicles? They are? Okay. So as long as I can continue to do it, I’m a big fan of big proponent. I think that the Ford Interceptor hybrid is a has been a proven product. It’s only been out for a few years, but it’s so far. I feel that mechanically we’re good and then there’s obviously the environmental effects as well in terms of the gas usage and different things like that is not complete electric, but it is a hybrid. Subject and then you would just last question do we trade in the is this a trade-in kind of so when you’re leasing you have a little bit of a different position so we will probably we’d be repurposing one of the vehicles for

14:49 our SRO and then the second one will determine whether or not there’s some value on the market and the like and then I would come before you if we were gonna take that option in terms of selling it on the market, but we are definitely going to repurpose one of the patrol Vehicles. It’s a good point though because 24 hours a day 365 right? These are running if we go to a SRO, you know, you can still get the eight hours a day, you know, there’s still vehicles that can handle that and that usually the progression that Vehicles go into fleets. Great good to know. Yeah. Outstanding, okay. If we have no more discussion, I’d like to entertain a motion to approve the lease for two new police vehicles with uplifting as presented and authorized the chair to sign on behalf of the board second.

15:38 I was in favor. unanimous Thank you very much. Thank you and thank you very much for again for allowing for that recognition. It’s a Wonderful It’s a Wonderful ceremony. Thank you. Thank you for bringing it forward. It’s a big deal there’s actions to demanded it. All right.

15:57 Okay, next on our agenda is a common Vic license. We have clevis cursa here. Hello. Please come forward and have a seat. Welcome. Welcome. So

16:15 it is A&D Clam Box, correct? Yes, perhaps you could give us a little background on on your effort to we like as you guys know, I want a couple business and down like and we’re doing great so far. So thank you for your support. First of all, and we came across from previous day being big fish with the owners are friends. They made us a great deal say no and we would like to continue as a fish place it was before. A little bit more like our style, you know, so we’re gonna be baked fish fried burgers. Kids main meal and all that. So be more family oriented to celebrate but more upscale it

17:01 was before and that whole intersections getting beautified and we just exactly the section is done so far and we’ll distraction and there was right time for us also so and we’re pretty much really good just ready for you guys and we wait to see you guys over there also, so

17:22 Yeah, I can say for myself just very pleased that you’re stepping up to, you know to fill that space and to make it alive space on the corner. It’s an important intersections and we’re investing in it, you know, so I’m hoping helps thank you. We’re totally gonna try to do our best results for sure. Thank you. Can’t wait to try it out. Thank you. Okay with that. I’d like to entertain a motion to approve the application for a common Vic license as presented for A&D Clam Box 195 Pleasant Street manager Clevis curesa hours of operation Monday through Sunday 10 AM to 10 pm seating capacity 13 So moved are you opening today? No, no, hopefully next week. Yeah over the next week. Yes. It’s

18:11 I have a second, please a second all those in favor. Unanimous, thank you and best of luck. That’s appreciate it. Okay.

18:24 right Okay.

18:31 Next on our agenda is approval of minutes motion to approve the minutes of November 30th, 2022 and December 7th 2022. Someone second. I was in favor. Okay done. It’s still reading the menu. Yeah, okay. We don’t have any correspondence. And now we have moved we’re moving to public comment. Does anybody have public on it? Yes, Mr. Albert, please. If you would like to if you’d like to step to the microphone, that would be great. And

19:07 now if you can lower it, that’s fine. Yeah, it’s just so it’s just so people can hear you know, okay.

19:15 Okay nervous. So, my name is Dan Albert. I look at 58 lesson Rose and came here to talk to you about a pedestrian incident pedestrian struck on. Other 29th at Besson Street and Pleasant Street. So this is Village Plaza. Destin was taken to hospital. I want to tell you about what happened. I want to be very clear. I’m not here people say name and shame. I’m not here to blame driver certainly not The Pedestrian or even police office that I just don’t cheating, you know. That was not my intention and I also called the driver before I came over here just in case.

20:00 She hears about it. So I want to make very clear. This is about trying to prevent the next crash at this intersection and hopefully reduce. pedestrian injuries throughout town So here’s what happened 502 PM Christine was making a left in her Honda. And variety to cobalists to gobilis. Stop short of the intersection to let her in which even though she had the right of way as we all want to drive around Marblehead. That’s a very common occurrence. We all try to like in fact, she had stopped because there was a pedestrian married pimental crossing the street and

20:47 car coming on investment Street and made a left turn essentially, right?

20:54 What I want to explain is this is based on the police report, which is somewhat redacted as well as the reporting from our local one of our three local newspapers, and I thank the newspapers as well as Amy Gill land of the police for sharing all of this. So and again, I’m mentioning these name because these are people and ultimately people, you know, people are involved people are injured, but also people are making decisions.

21:27 So this is Officer Peters officer Luke Peters. He said he writes on the scene. Mary pimental The Pedestrian construct was standing on the sidewalk on her phone. And would be attended to by the Marblehead Fire Department. And the first thing the first comment he makes is it should be noted that pimental was wearing all dark clothing and then although the roadway was lit by a street light and that’s going to be important lit by his feet like it was still very dark outside the intersection.

22:04 He then spoke to Kristin Cowden who’s driving the Honda Honda? Anyway Honda SUV.

22:17 Calvin informed me he says that she was stopped at the stop sign investment Street when she took a left turn on the Pleasant. He stated that she did not see pimental and a pimental was not using a crosswalk to cross Pleasant Street and the county was extremely shaken up and visibly and said concern for Pentel. And then we have a separate report by Officer Peralta.

22:49 Dean Peralta And he interviewed a witness. About time of day. We’re dispatched to Pleasant Street.

23:00 firefighters had arrived He says he was approached by a female who identified herself was Moriah to kabbalists. She told me she witnessed the accent. And this is what she said. She said she stopped to let The Pedestrian across the street. And again, he mentions this was which was not in a crosswalk what he means I believe pedestals.

23:26 Um and the witnessed the problem with things that the operator is striking vehicle thought that she the cobbles had stopped to let her go. So again that I’m trying to be polite driving the way we drive not according to the rules, right the rules are to stop sign she waits her turn, but that’s not how we drive. struck pedestrians, so obviously this woman was taken to the hospital. I don’t know what her injuries were.

23:59 So so, how can we fix this? Well, the first thing I’d suggest is that every single police report involving a pedestrian or cyclist or other what what’s known in the businesses as a vulnerable World user like somebody in wheelchair. Somebody’s not basically a motor vehicle. every one of those essentially gets disseminated through the bureaucracy, if you will through the all of the officials in town one to be escalated to our town manager and then reported to this board as to what You know what happened? And what was done about how do we fix

24:45 it now? It is not the department.

24:50 I’m sorry, not the town’s responsibility to do certain things. But the thing the town has control over is what’s done with our streets. And of course, we’re seeing this now with all the excitement over the bumperds, and I know intersection.

25:06 so so that that’s the general thing. I think that will help to elevate this issue which you know, it’s clear that town is concerned with this complete Street safe foods to schools the bike path. Clearly we want to do this, right? So my suggestion is to help you this right? So that’s the one The second thing in this instance, it’s clear from the police report. There’s a straight line but it’s dark. So who’s responsible for that Student Life? Well, obviously the Marblehead meet us the light department now about I want to say 15 years ago might be a little more the mmld switch to LED Street lighting and they did so to reduce the cost of maintaining their lives. They

25:54 don’t have to change people. I talk about anyway, that’s why anyone knows those are very bright. Those are very sharp. The mmld also has a process you can go on your website to say, you know, this light is shining in my window. I’m gonna butter I’d like something done about right what the mmld doesn’t have is a process by which they engage with the relevant departments to follow the manual on uniform traffic control devices, which specifically lays out how much lighting roadway So again in this specific incident, it seems to me that the police should say, you know bachelor. This was something that could have been helped by.

26:42 But better life and then the last thing and and again I said this to the chief that I will I looked for the officers involved but there needs to be a cultural change and this is not specific to the Marblehead Police Department. This is what cops do. Cops responding incidents cops spend their time driving around and brand new SUVs Harvard and hydrator. Otherwise, they don’t we don’t have like cops in this town. We don’t have people generally walking the streets. And so what do they do? They take the driver’s respect. They tell us this woman was not in a crossword. Yes what they’re used to be a crosswalk there. I don’t know where it went. Secondly, you don’t have to be in a crosswalk. If

27:29 a crosswalk is more than 300 feet away that state law you also according to state law don’t have to wear reflective clothing don’t have to wear flashing lights on your head unless and again, the law is specific about this. I think it’s you’ve roller skating or there’s there’s another weird one right then you have to have reflect clothing numbers.

27:54 So it’s about the cops. And again, this was redacted. I don’t know if they interviewed married them in tall. I don’t think they did. But that’s really weird. And so they told us that the the woman who did the Striking. Was very upset. She was injured but we don’t know about married them until We don’t know if she was visibly upset. We don’t know if she was injured and so that’s a top thing and I spoke into Chief came about this that is not specific to the MPV. But the culture of the Marblehead Police needs to change and the only people who have any control over that so I think people take thank you. All right, Mr. Albert. Thank you very much. We appreciate your feedback and you know our hearts,

28:39 you know, our prayers go out to America all hold on. Hold on. I I just I’m sorry. I’m sorry. you allowed to

28:51 become I think right. Yeah, I think I think that’s for and it’s actually up to the discretion of the chair right now. Okay. Listen, we how I think we you know, we gave you a very long time to give us a history. Which is fun. Important and the Reason by the way, if I appreciate it’s 100% importantly.

29:17 Here so when I don’t get responses to public record requests, I go to the state when I don’t get responses to emails I make a public comment. So I know I’m obnoxious, you know, you’re not and not at all. Not at all. Now there is no no, there’s no I please I was just you proceeded to interrupt me as I was prepared to make a comment and they’re just a couple comments and your comments are appreciated actually the history behind it and you’re not your deep knowledge and caring of this is much appreciated. You should know that. Okay, that’s not that’s number one. Now when I was saying is that we ought to, you know, our thoughts and prayers are with them and all and particular. It’s a really unfortunate incident. It really is but you know, I think I think you know, certainly I think I’m speaking on

30:05 behalf of the select board when I say that we have full trust and confidence and our Public Safety officials and in our police and and fire and you know, they do a very very difficult. Job, and you know, they have to handle a whole series of cases that now I’m 100% sure that that it will be addressed appropriately and you know, and we do appreciate you bringing it to our notice. So, you know, please please get please continue to do. So. Yes, if you could make it brief it would be great. Yeah. Telling me that and again Mr. Greater.

30:48 Athletic, I’m not for it. I’ve given that on. That okay thoughts and prayers to me says we don’t care confidence that everything’s working. Fine tells me you don’t care now I to not to care is too much. I’m sure you do but you’ve got to do something about. Keep getting hurt. You you fix these roadways and you’re telling us that people will give you no, they’re just hardly engineered. That’s why this keeps happening. Thank you. I apologize. Not at all. Not not at all Mr. Outlet and we do appreciate a public company. any other any other could I just look at procedural question not for many debate or anything, but just of Of Thatcher. Is this something that would be communicated to the director of Public Works in

31:35 regards to The Pedestrian study that’s been going on can is there a way that we can ensure that? These or is this already in process like it? What is the process for reporting these type of injuries from the that happened pedestrian incidences that happen to the greater team in town? So what typically happens if there’s I mean the case of point was a police matter. It was a traffic accident I guess is the category so that that’s the preview of the police if there’s you know a significant injury or issue to be had. Chief and I will have conversation and you know, we have meetings and which these type of issues should

32:21 be brought up say hey, we had an incident if it’s serious enough. I’ll get a phone call.

32:26 In regard to the the general, you know, the sidewalks across walks and such one that we have a number of projects in process where things are getting repaved and such and there’s a there’s a Time cycle to replace crosswalks and such. There’s a there’s a season that it can be done and there’s a construction cycle that has to be met and and sometimes the construction gets done at a certain point where it’s too cold to paint. So anyways working with Amy McHugh and DPW. We’re having a lot of conversations of coordinating that and and I would say improving the coordination of all our projects. To deal with that so and you know and and like the bump outs and such a lot of those.

33:12 are near completed or completed there’s line painting to be done, which will probably be the the best way to indicate to drivers the change in the in the You know the walkways and where they are the the so-called fog light fog lines on the edges is what is probably going to be the biggest impact to make people aware that the road has changed a little bit in some way. So I I would say this for all these incidences and emails that I get I will forward them to the particular departments that have involvement in it. Um, I follow up I have conversations what we look for is patterns. So I mean accents are going to happen to whatever we

33:59 do. But if we start seeing a particular pattern of this, you know, a certain type of incident repeating itself in a certain area will have conversational address and we’ll we’ll try to try to put a fix in that’s what we do as a matter of course during during our day is to do those things and specifically with there is a pedestrian study going on right through a vendor. So we’re yeah, so we’re we’re doing a sidewalk walkway study. That was approved by the board for the funding for that. So that’s going to look at all of our sidewalks mostly the conditions, but as part of that ADA accessibility.

34:45 In the intent is that’ll provide complete inventory of all our walkways all our Pathways and a list of things that need to be done in regard to compliance. Safety all those things that’s going to take the study. I don’t have the exact time frame the study will be done and then it’ll take a number of years because we’ll have to fund, you know, each of the projects that are identified within that study. But that’s how we proceed as a municipality is first, let’s get a get a study and assessment of what needs to be done and then that provides our list that we seek funding for and then we go through the process of Bidding, you know designing procuring and then actually doing the doing the fix so we

35:32 could expect that. These incidents of pedestrian The Pedestrian like it passed instances will be included in that look in that pedestrian. I presume so, I mean, I that’s what the Consultants do and and if there are I mean right the police reports have you know, sort of the history of where incidences are happening where these things are happening and I haven’t not been a consultant to do that work. I presume that’s the type of data they’ll look at as far as some kind of analysis.

36:10 prepared to like John nobody anybody anybody else anybody online for public comment before we? before we turn also and the second place all those in favor. All right. We’re here by a journey. Thank you very much.