Town Meeting: April 18, 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.

0:15 Hey, Mike, good evening. Everyone. I think we’ll get started.

0:26 So, my name is Sue Harris and I am a member of the League of Women Voters and the moderator for this evening’s event. I’d like to welcome you to the league of the League’s warrant night 2023. Tonight we will cover citizen sponsored articles on the town warrant that’s articles numbered 44 through 54. We offer this program for Town residents in preparation for town meeting, which will be May 1st. Copies of the citizen Warren articles are on a table at the back of the room. They’re actually on the table that’s closest to the chairs. And written materials provided by the sponsors are on the table behind that closest to the door.

1:13 We thank Marblehead public schools and the Marblehead High School staff for allowing us to meet in the high school library. In particular, we’d like to thank Susan schatford High School librarian and Todd, Bloodgood Lisa Manning, Bob Daigle, Rick King and Scott Lavoy from facilities and operations. We also think mhtv for the live broadcast of tonight’s forum, and they’re sustained coverage of local news when they were the only source in town. And specifically we would like to thank Joan gallivoy John Caswell and James moroney. The League of Women Voters is a non-partisan organization with respect to parties and candidates.

2:00 However, we do take positions on issues. At this time, we have not taken a position on any warrant article, although we may do so at some point before town meeting. All citizen sponsors were invited to participate sponsors who could not make this meeting tonight were able to send a designee in their place or submit a written statement to be read. Sponsors will have up to five minutes to summarize their article and why they believe is it is important to get town meeting approval. Our timer for the evening is Lee Mondale who will hold up a yellow card when there is one minute left. A yellow card when there are 15 seconds left. And finally a red card when the time is up.

2:48 After the initial five-minute explanation by a sponsor. There will be five minutes available for questions from the audience. Please keep your questions short and and your question with a question mark. I will repeat the question for mhtv audience for the mhtv audience before the sponsor responds. We will go through the articles in order 44 through 54. Please note that in the interest of time. We will not read each article as it appears in the warrant because they can be lengthy. We are relying on the sponsors to tell us about their own articles. And again, there are copies of these articles available for you to take now or when you leave on the table in the back.

3:37 You can also read the complete article wording on the handouts. We made as I just said and on the complete list of Warrant articles on the town of Marblehead website. Now, let’s learn about the citizen articles.

3:50 The first we will discuss is article 44 change select board terms to three years. The sponsor of that article is Jim Sisson. Mr. Sisson is out of town, but he did submit a statement which

4:10 the marble had select board has a very unique service format a one-year term. No other select board or school committee, we know of has a one-year term. Most towns have a three-year term for a reason. It improves governance and builds commitment. Article 44 proposes moving to a three-year term to do just that while maintaining cherished traditions. governance many tend to think of the select board as a legislative body, but it is an executive body as the board functions collectively as a mayor. When we think of any executive position be it mayor Governor or president they are always multi-year terms.

4:55 Why so that long-term strategies initiatives plans and subcommittee Leadership can be developed carefully and thoughtfully over an extended period of time. We want our select board to focus on running the town and not running for re-election. Presently in any given 12-month period a select board candidate will have run two campaigns. Think about that twice in 12 months three times in 24 months. planting lawn signs instead of working on budgets moving to a three-year term would align with the school committee and other select boards in the area.

5:39 In any year one or two seats would be up for election. Hence the term staggered this allows for an experienced experience base to remain as new people. Come on board. Would we really want a freshman class of five select board members year after year every year? No, we would not. Some like the one-year term so we can quote throw the bums out. But frankly today’s Marblehead voters are sophisticated Bunch with social media and internet research capabilities that were unheard of even a few years ago. Also with a smaller field it allows voters a chance to focus on individual candidates. So as not to let the quote bonds. in to begin

6:27 commitment Tom government in the year 2023 is complicated stuff. We have some huge issues in front of us including arpa projects structural deficits cash management and rebuilding a crumbling infrastructure of neglected roads sidewalks buildings and it systems. We need people committed to three years of learning listening and Leadership. We need committed leadership for the Long Haul. Tradition Marblehead has a long history of preserving tradition while using Yankee Ingenuity to keep up with the times. We have preserved Abbott Hall Fort Sewell and the old townhouse yet kept up with the Times by adding handicapped accessibility Energy Efficiency

7:14 and even bathrooms. Town meeting Now features projectors and PowerPoint presentations unheard of in 1649. The very first select board was a group of seven members all men with a one-year term. No women were allowed at town meeting. We have progressed very nicely to a group of five men and women with zoom calls and a Town Administrator. Now it’s time for another tweak to make the one year term three years. One final note this year’s election will go on as usual with a one-year term. The transition will start with a one-time election transition format to set the Stagger. After that, the elections would look just like the school committee or

8:00 other boards. And sorry we urge you to vote Yes for article 44 and preserve tradition and improve democracy. And Jonathan adds this note at the end many apologies. I’m out of town on unable to be present in person. I’m sorry, Jim. If you have questions, feel free to reach out to me. My number is in the book and it is Jim Sisson. 781-990-3110. So that’s the statement from Jim. Unfortunately, he’s not here. He’s not able to be here. So don’t have any questions on that article. Next is article 45 enhancements to the comprehensive annual financial review.

8:45 The sponsor is Ron Grenier Ron. Would you please come forward? And take a seat at the microphone.

9:09 Go ahead.

9:12 Annually in Marblehead in independent auditor examines the town’s Financial records and accounting transactions from the prior fiscal year. The results of this financial audit are compiled into a final document. referred to as a comprehensive annual financial report or cafr Kiefer as a part of the audit the independent auditor produces various materials, including Financial schedules. Which are incorporated into the final audit? In addition a management letter is generated and if applicable. supplementary reports on internal accounting controls and compliance related to federal and state funds

9:58 generally the independent auditor can also use these reports to communicate concerns if any About the adequacy of the financial entities accounting practices and suggest improvements. Having previous government auditing experience. I reviewed such reports. for fiscal years 2015 through 2020 I did this in an effort to see whether these past reports ever addressed the operation of the finance departments accounting practices to what degree these reports were accessible to the public. And what action was taken regarding the auditor’s comments? I also met with appropriate department and town officials. And consulted professional associations with expertise in

10:46 government auditing. and accounting practices it was in that context I decided to prepare article 45. This article contains four Provisions, which will make a positive difference in facilitating The public’s access to audit information and provide for a more independent review of the final audit itself. The first provision would discontinue the finance department’s routine practice. Of not including the management letter and reports on internal controls. and grants compliance into the final audit when I asked the independent auditor why that is he said

11:32 it’s the client’s call they pay for the audit. That’s why. If the public wants access to these parts of the art of the finance department requires a separate request process. Under the state’s public records law. However, I did information is Exempted. from restricting in restricting in whole or in part for the sake of convenience and transparency wouldn’t it make sense for these reports to also be included in the final audit along with all the other products generated during the audit? Then the entire contents comprising of the audit can be posted annually as

12:17 usual by the finance department on the town website. Rather than posting an incomplete audit report.

12:28 Having an additional hurdle has the consequence of limiting and discouraging The public’s access unnecessarily. It also seems the entity undergoing an audit probably shouldn’t be. The deciding or shouldn’t be deciding the level of accessibility as this legitimately raises the appearance of a potential conflict of interest when the financial operation under audit scrutiny. Is setting the ground rules for Public Access.

13:01 In the alternative article 45 second provision allows the Caper management litter and reports on Grant doors to also be posted separately on the Tom website. Should a strong rationale be made for not including these reports? That I could not find in the audit report. the third provision requests a select board to have the independent auditor make a public presentation on the audit answer questions from the governing body members of an audit committee and the public. This is not a radical idea as more communities are turning. To this approach as an opportunity to both reinfor

13:47 inform and reassure the public that their towns tax dollars were spent in administered properly. Article 45’s fourth provision allows for establishing an audit committee or in the alternative expand the scope of the finance committee to also function as an ad hoc audit committee increasingly cities and towns are doing this. Now some may think the terms transparency is overuse or are overused. However, the government’s handling of finances is fertile ground upon which the public trust and confidence can quickly erode. This is not a time to let that occur. I sincerely hope you agree. Thank you. Are there any questions from the audience?

14:35 and article 45

14:48 Why this is a citizen’s article because as you said you spoke to the relevant people in the town government, I understood I would have thought they would have had the same response mostly people in the room. And which is oh yeah, that seems reasonable. We’ll just go ahead and make that. part of the process Why are we here as a Citizens article? Is a town government? Only I’m sorry. I have to repeat the question for that TV audience. That’s okay. No, I just have to repeat it. So the question is why is this a Citizens petition article why this is not handled, you know as part of the regular Town warrant or the basic Town warrant. I think the simple answer is that our government isn’t doing

15:35 it. and it should be done and when our our government is not adhering maybe to certain protocols or best practices. Or whatever it may be we take pen to paper and we write a petition. And I felt very comfortable doing that. and I like to think it’ll get supported because it is a no-brainer.

16:03 Any other questions go ahead Tom.

16:16 So the question is in in Ron’s flu thing as the questioner said on this topic. Did anyone give a reason as to why these reports were not being made public now, I think it varied from that’s the way we’ve been doing it. And in fact some of my research those that going as far back as when Bart snow was in charge of the finance department. We were doing it this way. So I think there is there is precedent if you will for doing it. I also think that. The town is facing a challenge. when it comes to access public access to information or public information on a whole

17:03 host of the levels, I think there’s some fellow petitioners here who are going to make the case about that in other areas and I think the town needs to understand that these are not Um gotcha things these are things that are going to make the government stronger provide the confidence in the Trust on the citizenry’s part that I mentioned earlier. And I’m hopeful. That will happen.

17:37 other questions Go ahead. Yes.

17:54 Have it would be appointed.

18:02 more sense are you weighing in one way or the other on?

18:09 ES

18:11 so the question has to do with the audit committee and whether you have any thoughts about the best way to go forward with that.

18:21 As my wife well, well knows I always have thoughts about better ways of doing things or I have opinions. So yes, I do but I’m not going to declare those tonight. And the reason for that is that I really believe.

18:40 and Trust that our government officials are getting elected. Will get a message if town meeting. Our fellow citizens vote this in they’re saying look at this. Make a decision. I’m not an elected official. I am a citizen. I have some expertise. Maybe they’ll call on me and maybe I will love for my opinion, but they need to step up to the plate in their role. their oath of office

19:16 Any other questions?

19:19 Okay. Thank you, Mr. Grenade.

19:26 Okay. Next we have article 46 100% carbon free energy in Old historic districts, and the sponsor is Mark Adams. Mr. Adams wrote To Us by email about article 46 and this is what he said. My warrant article asked for changes to the guidelines of the Marblehead old and historic districts commission that would allow for an increase in carbon reducing upgrades. After a series of meetings with the Commissioners they have agreed to make changes that we found to be satisfactory. As a result the warrant article that I sponsored will not be voted on. The procedure is for me to announce at town meeting that it is suspended indefinitely.

20:14 So we’ll move on to article 47. Amend General bylaws use of gas powered leaf blowers. And the sponsor is Todd Norman. We did invite Mr. Norman to speak this evening and tried several times to contact him, but we did not hear back. So we will be skipping over that article tonight.

20:36 Next is article 48 amend chapter 119. Peace and good order articles 7. Gas power leaf blowers enforcement and the sponsor is Beatrice Jeanie, Stahl. Please come forward.

21:01 And just start whenever you’re ready, right? Thank you to the League of Women Voters for organizing and hosting this event. Last year in an effort to address public concerns about the many negative effects of gas-powered leaf blowers. Marblehead town meeting residents voted to prohibit their use between Memorial Day and Labor Day the article passed by 254 to 202 and it became a bylaw last fall. I want to emphasize that electric blowers are permitted are still permitted during the summer and gas-powered ones can be used the rest of the year. Article 48 sponsored by myself and others adds enforcement and finds to the existing bylaw which legally needs to be included but was omitted last year. I will review the specifics of the article 48 a little later.

21:46 But in addition to our article, there is another article that was just mentioned number 47 sponsored by a local landscaper which proposes to repeal the bylaw that was just passed last year. If passed it might render our article mood. A key question is in the summer when our windows are open when there are no leaves and when the blowers are mostly used for grass and trimmings. Why do we need high powered gas leaf blowers? Or any leaf blower some would even argue. There are true critical health reasons why the bylaw should not be repealed noise and pollution. Multiple medical organizations including Harvard Medical School and the icanc school of medicine at Mount Sinai have published papers on the health hazards from excessive noise and the pollution emitted from the gas-powered blowers.

22:34 In 2017 the Massachusetts Medical Society passed a resolution against the use of gas leaf blowers noting the harms to hearing and health. More and more medical associations are in favor of restricting or Banning gas-powered leaf blowers or all gas powered lawn equipment including the American Academy of Pediatrics the American Public Health Association and the American Lung Association. Children are highly susceptible to noise and pollution because their bodies are still developing. This makes them inherently more sensitive to environmental hazards than the organs of adults. The California air resources board estimates that operation of a gas leaf blower for one hour releases emissions equivalent to driving a car 1100 miles. Again. That’s one hour of a gas leaf blower

23:21 equals driving 1100 miles. Given marbleheads goal of reaching NetZero carbon emission by 2040. This is an important point. So now let’s look at article 48 to come up with the guidelines for enforcement the sponsors of the article research enforcement and fines in other communities in the US and in Massachusetts, the fines proposed for Marblehead are in line with other Massachusetts communities and in some cases far more lenient. Under article 48 the property owner not the landscaper would be responsible for compliance. A warning would be given for the first infraction $100 fine for the second and $200 for each infraction. Thereafter enforcement would be carried out by either the Marblehead Police Department or the health department. Both indicated. They are on board to carry out enforcement and in

24:08 the event of an emergency the select board could temporarily waive the article. the Marblehead current in its editorial opinion of April 12th and sustainable Barn Bullhead both support the existing bylaw and article 48 So now we need Marblehead residents to come out and vote. No on article 47 and vote Yes an article 48 It is likely that both articles will come up late in the evening on a second night or on a second night. We ask you to make the effort to stay or to stay late or come back the next day. We know the landscapers will come out and forces as they have in the past. We need residents who support article 48 to come out and vote for the sake of the environment for the health of the landscapers for your health and the health of your children. Thank you. Thank you, Mr.

24:54 So any questions from the audience? Yes, I’m going to bring up a co-sponsor who’s our technical advisor and our sponsorship committee. Happy Breslin. Okay. So question Catherine, go ahead.

25:24 So the question is what made you decide to have the property owner be responsible for compliance as opposed to the landscaper. So ultimately it’s the owner of the property who hires the landscaper. So it’s hard to penalize just the landscaper and not penalize the owner. It’d be I think owner is to penalize both of them. Some communities have done that. So most communities go after the property owner. The landscapers are just performing their duties according to what the homeowner directs them to do.

26:15 What so so the question is if the homeowner says I don’t want gas blowers used and the landscaper does it anyway what happens and I would fire them. But yeah, I don’t know if it’d be wonderful if if you ask them not to use the leaf blower. I think that’s our ultimate goal is really for the education of the community and the residents to learn that this is these are unhealthy for us. It’s a good question. I don’t have a clear answer, but I think it doesn’t I think that I don’t know.

26:49 And the bylaws just for the summer months. There are very few leaves on the ground. They whatever grass clippings are there can be swept away or raked away. very easily no one’s going to lose their job over this.

27:07 Any other questions? Yes, Tom.

27:15 with

27:17 So but if a landscaper used an electric leaf blower. Yes, so the question was if could a landscaper used an electric leaf blower in the summer. Yes. I will say there’s some communities that actually limit the decibel level of what that blower can be and we haven’t done that the bylaw that we have is is quite a compromise and we think very lenient.

27:47 If you went by decibel level then the enforcers would have to buy. decibel meters and go at various distances from the landscapers and Mare and measure it and I don’t think they really have time.

28:05 Any other questions?

28:08 Okay. Thank you, Jeannie. Thank you Kathy. Thanks.

28:19 So the next article is 49 creation of a traffic advisory committee, and the sponsor is Daniel Albert.

28:30 So Mr. Albert, you have two articles 49 and 50 and we’re going to do each one separately. Okay. So first please tell us about article 49 sure article 49 as you said is that traffic safety advisory committee. It’s something exists in a lot of towns. The idea is to make our streets safer to reduce the administrative burdens on our officials and to bring in more state and federal funds for I get in too deep. I just wanted to start by thanking the League of Women Voters. This is one of these organizations. That’s just thank God it’s here and being in a, you know, the Marblehead local high school.

29:18 library and broadcast on local cable for League of Women Voters event is just kind of democracy in action really kind of proud to be part of it. This is something putting together a traffic safety advisory committee. I’ve been looking up for a long time and I should thank the conversations I’ve had with police chief Dennis King Amy mchughes the head of the highway department. I spoken with Becky Curran Charles Quigley the town engineer among other Town officials. I also wanted to thank Aaron Noonan on the select board who was the one who said, you know, this is a citizen’s article. That’s what this should be so we can get this going. My name

30:04 is Dan Albert. I’ve been researching and studying traffic writing about Transportation safety and issues literally for decades. I did doctoral work at the University of Michigan included work on transportation and land use planning. I currently write about traffic and mobility issues. I teach driver education in town at the Marblehead Auto School. And just this past week the town the select board elected me appointed me. I guess designated me as the town’s MBTA advisor. The MBTA advisor is the MBT has an Advisory Board each town has a representative. I am now our official representative. I

30:52 think they recognize my expertise my energy on these issues and I mentioned that only because if you have questions about the boss of questions about the tea and about all of the things around that that’s something I’m very much interested in. As well so traffic. You may have noticed over the last several years five or six years the town’s been developing safer streets. And in 2018, the select board signed something called the complete streets policy and that formally adopted a new ideology and new philosophy of streets that hasn’t existed for for a hundred years. And that is that streets really belong

31:39 to everybody not just to Motor Vehicles. Since the age of the automobile over the last hundred years in the United States streets have more and more been about cars and about driving and that’s begun to change and marble had joined that movement in 2018 by signing that we also formally adopted the rail trail and that has opened up those two movements opened up federal and state money to begin to do things like create these bump outs that you may have seen the new intersections where the rail Trails Crossing the the streets at Smith Street Pleasant and and West Shore Drive there also new school safety zones. This is part of a federal program called safe routes to schools. It’s

32:25 administered administrated through the Massachusetts Department of Transportation and each of our schools. Each building principal essentially has stepped up and begun to engage with that program just last Month the principle of Marblehead High School also engaged with that program. And so now that’s something else we’ve done we’ve also Adopted a 25 mile an hour speed limit. So we’ve done all of these things. The problem is we still have a very archaic traffic committee doesn’t really function doesn’t really meet and it’s appointed by the the membership’s appointed by the town manager. This would formalize

33:10 that the appointees would be from the select board. It would include three members of the public and relevant Town officials like Amy McHugh from the highway department or her designee or the chief of police or his designee to respond to traffic safety concerns from residents. So that’s the idea and be happy to hear questions. any questions go ahead Marta.

33:47 Yeah, absolutely. Absolutely good question. So the question is would the the traffic committee that currently exists kind of morph into the new committee. As opposed to having both committees continue to exist. Yes. Absolutely and it yes, thank goodness, right fewer committees. Also, there is something called a complete streets committee, which doesn’t meet and hasn’t kept minutes and still exists and and it would go away and so this would become that and this would bring in that state money and would also be able to bring those two efforts which are really very much related together and and give them more visibility and and just make things more efficient. So yeah. Thanks for the question.

34:34 Yes.

34:36 This is a battery would come before me right maybe if you want to really take a little bit more concrete for us. Yeah, the question is what type of matters would come before this traffic advisory committee. I’m glad you asked that and I’m gonna be a little vague in the sense that I am not I did write out a full prescription exactly how this would work kind of almost day by day. But as as you’re saying about the auditing that’s not the idea the idea is to explain how this structure should work. And then over the next year. I would expect to develop the process and the ways to engage with traffic issues. So don’t want to overly limit that that said there’s two basic components one. Is that what the Trap current traffic committee allegedly does which is I have people

35:24 driving down my street too fast. I want to stop sign right now. What happens is I call the chief of police say there’s people driving down the street. I want to stop saying and months and months of emails go back and forth and there’s no real very good. resolution I studied several several examples of this

35:41 So instead you would fill out essentially a form that would go to this committee that traffic calming request would be heard by the committee and all of the stakeholders would have an input but the other component of this is we have an enormous amount of traffic data. That’s not that your newspaper and others report on that’s not catalog kept disseminated. And just for example last week man on a bicycle riding at Maple and 114 hit by a car. It’s taken to the hospital. Did you know that well, if you happen to look at the police log, maybe you did but that needs to be something that’s reported on monthly by this traffic committee. So

36:27 those those are the two components and then the last thing is this complete Street stuff, which is a little more complicated, but it’ll be in there.

36:36 Yeah, go ahead. Yes.

36:43 I think that’s very important to point out. I was I’m sorry. I have to repeat the question. I’m sorry. I forgot. I’m so excited that I know the question is with the the rail trail be included in the committee. Yeah, a very glad you asked that one of the issues that has come up with the rail trail is that it is supposed to be part of the transportation Network. It is not treated that way by the town. It is treated as a recreational asset which it also is but as a result, there are problems on the rail trail a pothole for example on the rail trail. You can’t ride on the rail trail when there’s a pothole that has to come before the traffic committee. So the short answer is yes, absolutely.

37:31 Yes.

37:36 Right. So a question is what’s what speed limit is being reduced to 25. Yeah, the speed limit has already actually been reduced to 25. So if you come into town, you will see signs that say a town-wide speed limit 25 miles an hour and you’ll actually see those going into Salem and swamps got as well. This was a law that was passed. I believe around 1996 by the state which allowed towns to adopt a lower speed limit and the thinking was instead of doing what we had always done which is let’s get traffic moving as quickly as possible. And then think about safety. It’s let’s be as safe as possible and then move traffic as quickly as possible. So, in fact, we can lower if any time

38:22 the select board wanted to say, you know what this Street’s gonna be 20 miles an hour that street is going to be 25. So that’s something that’s already been done. And this is about looking into that more and seeing where it should be done.

38:36 Go ahead run. Oh, we’re done. No more time.

38:47 And the question is did you go to the select board to present this? As a as opposed to have yes petition. Yeah. Yes. So yeah, so what it started my question and maybe that’s why I asked you this question. Why are we having to do this now? I love doing this. That said I kind of feel like I could be home and it could be done without my help. So I’m really glad and excited to be engaged but you’re absolutely right. This is this is something where I would have liked the select board to his have heard me the first time several years ago or 10 years ago when a teenager was killed crossing the street in

39:32 the center of town and stepped up and made a change. So in that sense, I’m disappointed, but I’m very excited and positive to be doing it now. Thank you. Thank you. We going to move on to article 50. Which is also sponsored by Mr. Albert a mentown bylaws relative to new subdivisions. Thank you. My name is Dan Albert Etc.

39:58 I want to be very brief about this. It’s close. I am just as with the historic commission and the carbon stuff trying to make this happen without us having to vote on it. Now. What is this that we’re trying to make happen? Subdivisions and we’re going to be having more of these in town. Nominally, it just means if I have a one house on a lot and I want to divide it into two lots and build two houses. That’s a subdivision and there’s a set of state laws around that but there’s also a set of regulations and a set of state laws that kind of refer to a subdivision when we all think of it. Like, oh they’re putting in a new subdivision in town right 10 houses and

40:44 a cul-de-sacs and so forth.

40:50 Marblehead has zoning laws but also has a set of rules and regulations about streets. And if you want to build a subdivision in town, you have to follow our rules and regulations around streets. The last time those rules and regulations around streets were updated was over a quarter of a century ago. and they asked the engineers and the planners that come in to design that subdivision to look at certain federal documents. This is very common. Very typical very boilerplate. One of those Federal documents is called the ashto green book and the Astro green book is the book for how do I design a street? Right if two

41:37 streets are coming together? Should they come together like that or should they come together at a 90 degree angle? Oh the book says do it and 90 degree angle doesn’t say you have to it just says that’s probably the best way to do it. It also says things like If you have a curve in a street try to make it gentle try to make it, you know. The same all the way around, you know, it’s very kind of nuts and boltsy things. Okay, again, 25 years ago 26 years ago when we updated that that’s all planners and subdividers. We’re thinking about they were thinking about cars and cul-de-sacs and Suburban Idol. That has changed. Now towns are more and more asking people

42:22 that are coming in with subdivisions to look at supplementary federal guidelines. One of them is this book called another green book. They’re all green. Actually. It’s called the guide for planning design and operation of pedestrian facilities. So it’s really pretty straightforward. All I did was take the existing language. that’s in the

42:48 the town bylaws and the town bylaws section 2817 regulations regarding Street design. Tell you if you give me one sec.

43:07 Hold on you.

43:29 Now here’s where we’re gonna find it. We’re gonna go back here. Here we go. forgive me the the guidelines tell you to

43:45 use as a guy the ashto guide for planning design and operation of pedestrian facilities as well as the policy on geometric design of Highways and streets and they both say latest additions. So that’s all this would do would add this book to that book geometric design of Highway in streets and they will they will be in the bylaws and now we will include pedestrians when we think about subdivisions. any questions Yes, Catherine.

44:24 So the question is would these be requirements or just informational? Absolutely, these are not requirements. They don’t require anybody to do anything. They just say this is the best way you should do you have looked at it? We think this is the best way to do it. Yep. Not required. Yes.

44:45 Question is what is the definition of a subdivision? Yes. No, it’s a good question. It literally means taking a division of land. In a lot in town and dividing it into more than more than that one lot into more Lots but it’s also in state law. There’s there’s a definition of subdivisions, which is really long and I don’t even know offhand and it refers to multi– creating multiple new Parcels of land. so

45:37 the question is is everything on the street where the questioner lives subject to this in. The street is very small. I I understood. No, I didn’t understand your question quite right when you say what is a subdivision. What I we’re talking about subdividing. So those lots that on your street, in fact most Lots in town cannot be subdivided. That’s one of the things that will be up at town meeting or how we’re changing around how we divide up lots but no a subdivision of land literally means that parcel but to subdivide land means to take that parcel and divide it up into more pieces and not happening in your neighborhood or more. My neighborhood are probably most most neighborhoods in town.

46:22 Go ahead run.

46:31 Yeah, the question is have you run this by anyone in the on the planning board? And what was the reaction right? So two things happened first thing I did was I talked with Becky Kern who’s the town planner? And I had talked to her about both of these articles. And on this one I said, you know, does this affect anything in terms of costs or your workload or anything else? So that’s the important question. I don’t the idea is not to make this life more difficult and what she said was know what happens was somebody comes to town. They want to do a subdivision. And again a big subdivision and they come in with their plan is their engineers and so forth and so on and then we take that and we send that out for peer review. And that’s what’s done. I went

47:19 to and then she invited me subsequently to a planning board meeting. Planning board said I said, you know, this is the idea like it a sign on they so why didn’t you tell us beforehand? And I said, well, you know, I kind of just came up with it because I was doing this other stuff and I had spoken to Becky and I didn’t think is it and they said well, you know, we really feel blindsided and we’d like to take a look at this more comprehensively and we’d like to spend, you know, maybe there’s more to do. What they said was we agree. We want to be more pedestrian friendly with this is all about what we’re doing we want to do more essentially and I said great. Let’s talk about it between now and town meeting and best of all possible worlds

48:06 coming back to my original point is we all stand up and say we’re gonna work in this we’ll be back to tell meeting next year and it’s going to be bigger and better. So that was the response. I think that’s fair to say. Any other questions? Yes.

48:31 So the question is would this help pedestrians, right? So the reason it it helps pedestrians is this guide is updated relevant relative to pedestrian research more.

48:49 It’s more up to date in terms of pedestrian research. So in other words Traffic Engineers planners are always studying how fast the pedestrians walk. How do we make it safe? How do we make sure cars can see them in those kinds of things and all of that stuff is actually in the other book. I’ve been mentioning the the geometric design for streets, but that was last updated in 2014. This is 2021. So essentially it means we’re applying the most up-to-date science and engineering and that is best for pedestrians.

49:27 Any other questions? Okay. Thank you, Dan. Thank you.

49:44 So next we have article 51 amend Town bylaws relative to require certain boards and committees to record and post meeting minutes. And the sponsor is Linda Doe.

49:58 one and that’s correct. I was going to get there but we’re going to take them separately. Okay can just start with 51. Absolutely. It’s so good to be here with fellow citizens who are involved and care about what’s going on in town hosted by the League of Women Voters which researchers and hosts this meeting. Thank you so much. So it’s really good to be here. Let me just well, let me just start by saying as we know democracy dies in darkness as the Washington Post tells us on it in its headline and these articles are not what it says at the Town Ward because I changed them and if you have this little piece of paper, this is what the article actually

50:45 say. It’s a half size. held landscape Style so article 51 as I and Jack the moderator has not gotten back to me saying it’s okay just yet, but I’m pretty sure he will it urges but does not require. All boards and committees subject to the open meeting law to use their best efforts to have recordings of their meetings available to the public. either through the town website either by video tape transcript

51:31 or some way so that we have a recordings. And so the citizens can observe the meetings asynchronistically when it’s convenient for them and all of us know sometimes you want to find out what happened at a meeting and the minutes aren’t quite there yet plus which when they finally get there, they’re perhaps not quite as full as the Observer cores notes, but maybe you can’t find them either but this seems like so obvious that in today’s day and age we ought to be able to use our technology so that people can know what happened in a meeting rather than calling their neighbor and asking them.

52:19 So that’s oh so that’s that that’s one. Okay. So any questions about article 51? Yes my

52:31 so the

52:35 I know.

52:43 Oh, here’s so Lynn. I’m sorry. I have to repeat the question for the audience. That’s okay. So the question is why is the language now just urging rather than requiring recordings. Well, there’s a saga behind this last year. I wanted it to be written in the and I I had a warrant item. And it said that it was I wanted to change the town bylaws and when it came up at town meeting. The finance committee came to me and said it’s going to cost money. Would you withdraw the article and we will form a committee that that will look at the cost of doing this? And so we’ve got we had

53:30 a committee formed and we met for nine months. We just stated the costs and the rooms available and all that and it became quite ponderous all the possible costs. That might come up. Um cowed me into not requiring this to happen because I was afraid that the committee would not support it. It would it would say no, it’s going to cost more than you think and so I just said urge and in the Ron Grenier method, it’s it’s the town government should really notice what is being What the town meeting is saying about how we want matters

54:16 to be? Yes, Tom.

54:53 So the question is twofold. The question is wondering why two things were not included one you use the term transcript and do you mean verbatim recording or do you mean minutes and the other has to do with the any requirements for timeliness of posting? I assume you mean right? Well, there are basically no requirements. and the word or is there so that an even or other so it would have to be up to either the Border committee to decide how to do it or it could be that the select board could require certain conditions of satisfaction.

55:39 It would be lovely if they helped make it happen. There will be a report at town meeting by this committee that’s researched the cost and possible location of

55:56 Where the boards can meet to make this all happen? by the way

56:03 Anything? Okay, Kathy?

56:12 The question is are there currently any existing deadlines for submitting minutes of board meetings? I believe the

56:22 Open meeting law. The open meeting law does have. Conditions of satisfaction for what the meeting the minute should have in them which in my opinion is not being followed. That is the minutes should read a person who has not attended a meeting should according to the Attorney General’s office and the open meeting law. This is not an answer to your question just yet should be as if as if you were attending a meeting you would really know what happened and I’m not sure what the dates are because when I’ve looked at the town website to find minutes, they can be as delayed as three months four months five months. So

57:11 it would be lovely if the Observer core got involved in thinking about the minutes themselves and whether the they are being complete And Timely

57:25 Any other questions? Yes.

57:30 these committees report to this lesson So the question is do these committees.

57:40 Do the committee’s report to the select and how do the select men know what they’re doing? We our our so called moderators committee the committee form formed by our moderator Gary spice who did so much for us that committee was supposed to meet tomorrow morning and I was going to ask them on the committee what we could do. What would we could we make a recommendation about how these committees are going to report on their progress. However, we can’t meet tomorrow morning because it wasn’t posted. Fully so I guess we’ll be meeting next week.

58:21 The question is how do they do it now, they don’t.

58:26 Then I don’t think they’re checked up on.

58:31 Yes.

58:43 term record the line of the trees to make their best efforts to produce a record of their meeting. I took that it

58:56 would be explaining vehicle. I think you’ll explain the intent of this that it should be. An actual physical recording of what?

59:09 fully understand he

59:16 but they will be searched.

59:21 So the quet I’m sorry. The question is in using the term record in the Petition do you mean minutes or do you mean something else and would well recording be required? I used the word recording because I thought that’s I was on my own on this I have to tell you the truth. So I use the word recording because I thought capturing. What actually happened at the meeting was the best way to start a record of the meeting didn’t seem like it was necessarily going to capture the fullness of the meeting so that a person not there could feel as if they were there. So you do mean?

1:00:06 That the produce a not just a record of you. Yes, it could either be a movie. Or it could be a tape not tape anymore. It could be sound only that would be a recording. It could be a visual and sound recording or just a sound recording or a complete transcript recording.

1:00:34 That’s what I thought. Anyway, okay. Yes in the back. Go ahead. No. Yeah.

1:00:43 Oh, the question is which boards and committees are subject to open meeting law. Um, that’s why I put that in there. I don’t know which ones are but it’s in the open meeting law and I Thought that those particular boards and committees that are subject to the open meeting law should do an even better job now. There are some we know that the arpa

1:01:15 Committee is not subject to the open meeting law for some reason because they’re not doing it. So it wouldn’t affect them I guess. Right. I don’t know. Yes wrong.

1:01:51 that puts out of something like Municipal guidelines to the open meeting law that spells out everything that you’re saying that then you know could be just handed out to overboards and committees. So the question is is there are some sort of a state agency that Has prepared guidelines for how to follow the open meeting law? No question about it Mass general laws.

1:02:21 Mass General Law whatever it is. The open meeting law does do that 940 CMR. 29 and all that follows all boards and committees. Don’t follow it.

1:02:37 Okay, that’s time. I’m afraid so we will now go to article 52 which is also sponsored by Linda doe a man Town bylaw’s relative to 940 CMR 29.10 of the open meeting law. That’s right. So that’s again. It changed it again because when I was on this committee talking about how much everything was going to cost and which rooms were available and which rooms were available seemed clear to me that at town meeting. I wasn’t going to get support from that committee and I wasn’t going to get support from the finance committee either plus which at the very last moment. A lawyer wrote a decision Lisa Mead’s Law Firm was asked to write a decision about whether this was legal

1:03:25 or not. And she said it was not that the town meeting could not require. These 10 groups that I had there to to offer to have to offer hybrid or remote meetings. So that’s why I changed 52 as well. List wanting to include all boards and committees which I had wanted to it in the first place to make their best efforts to provide a hybrid or remote option for attendance to both members and the public. And this has to go through the board of the select board according to the lawyer. So that’s why

1:04:12 I put this little select board in there as the we are urging the select board to do something about it. So that you’ve all I bet as I have attended more meetings during covid than before because you were able to get there because the meetings were held in a way that made it easier on your life whether you attend the meetings synchronistically at the same time, that’s article 52 or asynchronistically in your own time. That’s article 51. They should both be available to members of the public and members of the committee or the board which is it seems to me that people.

1:04:58 On a board should be able to attend a meeting if they’re sick or their child is sick or there should still be able to be at the meeting. And so that’s why I have article 52 about attendance for both members and Observers.

1:05:19 Yeah, I think that’s about it questions.

1:05:31 to know

1:05:42 podcasts those are done just on a cell phone and uploaded.

1:05:54 I don’t think they’re very little cost. So thank you. That would have been when that’s relative to fit. I’m sorry. That’s okay. That’s relative to 51 which we’ve already covered. But if you couldn’t answer very briefly, have you considered the idea of using a podcast to do the recording because that’s probably cheaper. Well that I guess I put the word tape in there. I shouldn’t have put the word tape. I should have put a different word I guess. Oh, well, it’s too late for that. But yes, I listen to podcasts all the time. I love them. Yes, Dan. Very quick clarification. You said the lawyer? Determined Etc. I think what I

1:06:40 having read it was that the lawyer offered the lawyer’s clients’ opinion and their opinion in other words. Essentially. My question is with this a lawyer giving you a legal decision or was this a lawyer giving you a legal opinion on behalf of the town? So the question is when the lawyer rendered the decision was that really a decision or was it just an opinion that was being given to the town on the topic. I believe the lawyer opined and that opinion. I don’t know who asked the lawyer’s opinion.

1:07:20 What did did the lawyer give an opinion for any other citizens article? I don’t know. I was taken aback. I must admit because I was informed by the town moderator the day that I was to meet with a finance committee that the lawyer had. Opined in the letter that town meeting did not have the power over. hybrid, or remote meetings

1:07:53 Cathy yeah. either one of you

1:08:22 to help the branch es so

1:08:31 right

1:08:35 Yes. But it didn’t there was a fine point of distinction between the select board. Being able to make a rule about the meeting itself hybrid or remote As compared to a recording. Yeah. Kathy go ahead. can light up the recent attorney general’s decision to find a select board in violation of the obedient law the Town Council gave their opinion. or their resp

1:09:13 onse why we relying on our town. Council they don’t seem to know the open meeting laws So the question was related to the recent decision by the attorney general that found the select board and violation of open meeting law. And that was apparently the result of the the lawyers opinion about whether they had or had had to do something or not why we’re relying on this lawyer now the question because I wanted I wanted the intent of the beating to pass. and whether it was binding and required seemed in a way less important than for the town to vote unanimously that this is what we want and then

1:09:58 our town government would have to listen to that instead of arguing about what you know, whether it would be required or not it Just Seemed to make sense. Go ahead. Are we done? Sorry, that’s all the time we have. So, thank you very much Lynn. Thank you.

1:10:25 So next we have article 53 acceptance of last General. 53. Oh, sorry. I just have something to say about article 53 acceptance of Mass general laws chapter 53 section 9 a nomination papers. The sponsor of this article is Jonathan Letterman who was unable to be here tonight. So we’re going to skip that discussion of that article now we have article 54 Standard operating procedures manual the sponsor is Megan Sweeney, but the Sweeney has designated Jennifer Schaffner to present the article in her place. Thank you. Thanks everyone. So good evening. I’m Jen. Jaffner a

1:11:11 member of PowerUp and I am here representing Megan Sweeney to power up in sponsor of article 54 and asking you to vote tonight and at town meeting to support article 54 on May 4th or probably May 2nd since we’re the last article so very quickly power-up is a group that’s a coalition dedicated to fostering Civic engagement government accountability transparency of policies systems structures in the town government and we have proposed legislation for the past several years focusing on these priorities. I’m actually am going to read article 54 particularly for the folks at home. So article 54 will seek to see if the town will vote to create a standard operating procedures

1:11:57 manual that will Define for the public the process regularly executed and the fundamentals employed for decision making by the select board the Board of Health harbors and Waters board and Recreation and Parks Commission. The manual will include but is not limited to defining each board’s purpose membership member qualifications appointments power and duties organizational structure communication process and recommendations for town meeting and quality assurance standard operating procedures quality assurance. There are several benefits to this article passing the first from an operational standpoint. This article will help Define procedures Powers duties and structure of the various boards that

1:12:44 are included in the article will help improve communication into departmental cooperation consistency while reducing the learning curve and redundancy. And it will ensure adherence to Industry compliance standards relevant laws and policies and thereby helping to avoid or minimize unnecessary litigation or risk, which also carries costs for the town. For community members the benefits include deepening engagement Town Pride opportunities for community building. It will provide tools to evaluate the purpose and goals status and efficacy fiscal responsibility and allocation of resources for these boards and will transform individual skills interests and background into a pipeline

1:13:29 of motivated volunteers for the town.

1:13:35 Article 54 asks for institutional knowledge or how it’s always been done to be documented and shared. I’m quoting also from Mr. Grenier and his or his earlier article Marblehead is an entity which is responsible for hundreds of employees thousands of residents stewardship of 19 square miles, which over 70% of which is the is water and a natural resource and an operating budget of over 100 million dollars. Our leaders on the select board this year are asking us to finance two new departments a human resources department and a sustainability Department through a sustainability director that are not clearly defined by providing how it’s always been done in a formal document. We will not waste their time or Miss opportunities to be impactful how it’s always been done only translates

1:14:22 into good governance when it’s written down in memorialized. So I ask for your vote at town meeting for article 54

1:14:31 you any questions. Yes.

1:14:35 income

1:14:39 is not so the question is why is Finn calm not on the list of committees that would so in the spirit of sort of historical knowledge. This article was presented to town meeting last year’s article. I believe it was Article 45 and lost by a number a handful of votes or it wasn’t a huge loss and it included all towns. I mean all boards and committees throughout that are subject to the open meeting law throughout town. So the decision was made to really try to focus on the largest boards in town that have sort of the broadest, you know breadth of responsibility and effect for people in town. So the plan or hope would be that eventually it would affect all boards and committees but the focus was on these on these

1:15:26 largest ones to start

1:15:29 and the other questions Yes. State standard operating procedures manual that are an umbrella over this that exists. So the question is are there any state standard operating procedures manual set would serve as an umbrella over this so as far as we know no, there are interestingly which I did skip the interest of time there are in our research two boards that we found within our existing bylaws and Marblehead that do require. This one is the capital planning committee, which is under chapter 24 of the Town by laws. The capital planning committee is a required appointed committee by our select board. However to the best of my knowledge it doesn’t exist right. Now. I follow most of the boards and committees if not all of them in town and this has

1:16:15 not existed for quite some time but under chapter 24 of our bylaws. It requires a definition of the purpose the membership the appointment process the duties of the capital planning board in the and they’re responsibility to report to town meeting article 20. Yeah, our chapter 24 also includes the same requirements for the affordable housing trust fund committee, which is another committee. Is a standing committee here in town? So that exists for it is what I we could find in our violence. The sort of Holy Grail of all of this in in my opinion is the school committee School committees in the Commonwealth of Massachusetts are required by State Statute to have established policies and procedures and protocols and most of their policies on in the school committee are dictated by

1:17:03 State Statute really not so much by the individual town. So if you go to this it our school committee or any school committee in in the state, you can click on their policies. It is a robust list of policies, they’re ever-changing and as well as protocols. So that’s really sort of I think sort of the Holy Grail whether we’d get to that level of detail on our these other boards and committees. I don’t know, but it would be nice to start.

1:17:32 Any other questions? Yes, Tom.

1:17:42 the

1:17:51 so the question is are there other towns particularly on the North Shore that have a procedure like as such as your suggesting so there are several communities that we saw in our research which included now. Try to remember this up the top of my head Rockport Hingham Hanover.

1:18:13 Hamilton Wenham Hamilton all have as part of what was what appeared to be a robust. Systemic review of their town in some cases through a charter commission reviewed all of their boards and committees from both the financial standpoint and an operational standpoint. And yes, they developed procedures whether they were required to by a town bylaw through a citizen article it tell meaning I don’t know but absolutely there are many many examples of this on the North Shore and otherwise that that require their towns their boards and committees to have this Any other questions?

1:18:55 Thank you very much, Jim.

1:19:02 So thank you to all the sponsors of citizens petitions for coming tonight to explain your articles to the public in preparation for town meeting on May 1st. Town meeting will take place at 7pm at the Marblehead Veterans School auditorium at 27 Pleasant Street. Town meeting is open to all registered voters at which time these articles and others of course will be discussed and voted upon. Once again, we thank our long-term partner local Access TV station mhtv and it’s dedicated staff. Especially John Caswell James moroney and Joan gollaboy. Thanks to mhtv. You were able to watch this program live tonight, and it will be rebroadcast later.

1:19:49 The legal put a link to that broadcast on our Facebook and web pages. In closing we thank the public for their attention and learning about these articles in preparation for town meeting and don’t forget democracy is not a spectator sport. Thank you all and good evening.