[Speaker 1] (0:11 - 6:12) Good evening everyone, and as we wait for a quorum of town meeting members to gather, I'd like to remind all town meeting members please to rename yourselves in the participants panel on Zoom by placing a capital P and the number of your precinct before your name. That will help in the voting tremendously. Thank you, and I expect it may take another five minutes to bring a full quorum into the Zoom meeting. Good evening everyone. As we get close to a quorum here this evening, I'd like to remind all town meeting members to rename themselves in Zoom by using the participants panel and placing a capital P and the number of their precinct before their name. Good evening everyone. As we await some of the late arrivals, I'm going to remind all town meeting members to rename themselves in the participants panel by placing a capital P and the number of their precinct before their name. All staff please put a capital S before your name, and I believe we have a few members of the press and one visitor who registered in advance with the town clerk. If I could ask you all please to put a capital V before your name, this will help keep platform. Please signify by using the green yes button. All those opposed, the red no button. I'll leave this voting open for 30 seconds. Meanwhile, Mr. Dulette and Ms. O'Connell, you'll be ready to record this vote. 20 seconds. I'll remind you if you are voting and you have not yet renamed yourself, please put your name. And 10 seconds. And by a vote of 181 in favor and seven opposed, the meeting has agreed to proceed using the Zoom platform. Thank you very much. Please let me know when the vote is recorded. I'll clear the votes and we will begin. Thank you very much. With that out of the way, I do want to go over a couple of housekeeping items. As you just saw, we will vote using the Zoom reactions tab at the bottom of the panel. Green is yes. Red is no. I will take seconds of any motion using the thumbs up indicator. But the other thing that I need to indicate for you all is mean that I need to stop because someone has a point of order or a personal privilege. In addition, I'm going to take that away. If you want to be recognized to speak, just raise your virtual hand. I will call on people largely in the order in which they've raised their hand, but not exclusively so. I will make sure to try and hear from as many voices as we have. [Speaker 5] (6:12 - 6:32) Well, the purpose of this article and also the fact of what traditionally happens at the end of the year in terms of a budget shuffle, I guess the only thing I would add is that the net impact, obviously, of this on the overall budget is zero dollars. This does not add dollars to the budget as a whole. [Speaker 1] (6:33 - 6:51) I understand there are a couple of here that were the subject of a discussion with the Capital Improvements Committee because they meet the criteria for capital spending. Do I have the chair of the Capital Improvements Committee, Mr. Raymond? [Speaker 26] (6:56 - 6:57) Can you hear me, Mr. Speaker? [Speaker 1] (6:57 - 7:09) Yes, thank you. Has the Capital Improvements Committee met and made a recommendation on I believe it's the line community development for Windsor Ave and the police line for equipment? [Speaker 26] (7:10 - 7:17) Yes, we met earlier and had a quorum and we voted favorably for both items. [Speaker 1] (7:17 - 9:32) Very good. Thank you, Mr. Raymond. Are there questions for Mr. Dorsey? Questions for members of the town staff? Please signify by raising your hand. Seeing none, I will take us to a vote on Mr. Dorsey's motion to accept these amendments by moving between the various line items indicated in the printed warrant from blue lines to green lines. All those in favor, please signify by using the green yes button. All those opposed, the red no. 30 seconds for the vote. 10 seconds. Are you ready to record this vote? And by a vote of 195 in favor and three opposed, Mr. Dorsey's motion carries. Please let me know when you've recorded the vote. Thank you very much. Clearing this feedback. There we go. That brings us now to article two. Article two, Mr. Vera, did you want to speak on the motion to indefinitely postpone? If so, please begin by identifying yourself and the precinct you're from. [Speaker 25] (9:32 - 9:41) David Vera, precinct one. I wanted to know just a little bit more information because I didn't see it. Did this infrastructure improvement include sidewalks as well? [Speaker 1] (9:42 - 9:53) I'll let Mr. Dorsey speak. I believe that was one of the challenges toward getting it completely ready for this town meeting, that there's more work needing to be done. Mr. Dorsey, is that your understanding? [Speaker 27] (9:53 - 9:59) Yes, there were no specific projects that were brought to us on this article. [Speaker 25] (10:00 - 10:00) Okay. [Speaker 1] (10:01 - 10:25) So it functioned as a placeholder, I believe, when the select board was assembling the warrant. And sometimes these warrant articles just aren't ready for us to vote on yet. So if you like, I can turn to the town administrator and ask if there is a commitment to continue to proceed with planning these pedestrian safety infrastructure improvements. Mr. Fitzgerald. [Speaker 2] (10:25 - 11:48) Sure. We've made it a priority to really think more carefully about pedestrian safety over the last several years. Several years ago, we town meeting appropriated $100,000 to really study some of the pedestrian safety challenges that a town of three square miles would have. Certainly, we hope to come back with the annual town meeting and present a number of projects that really will help us continue to make investments. We recently received a $250,000 grant to help look at the MBTA neighborhood. But we want to be able to take our complete street project prioritization plan and really look at how can we make Swampskate safer. Many of our roads really haven't had a pedestrian safety design. And really, we want to start to make those investments that can help create safer routes to school, but also address those public safety challenges like slip lanes or additional opportunities to make investments. Flashing strobes to help ensure our crosswalks are safer, but also public education and a conversation around enforcement strategies that will help ensure that we have a multi-pronged approach to pedestrian safety. [Speaker 1] (11:51 - 13:40) Thank you, Mr. Town Administrator. And you anticipate bringing this back to us in May for the regular town meeting? I do. Thank you very much. Any further discussion on this topic? Seeing none, we will move to a vote. All those in favor of Mr. Dorsey's recommendation, the Finance Committee's recommendation as moved by Mr. Dorsey for indefinite postponement, the green yes. All those opposed to indefinite postponement, the red no. 30 seconds. 10 seconds. Are you ready to record this vote? By a vote of 210 in favor, one opposed, Mr. Dorsey's motion for indefinite postponement carries. This brings us to Article 3, which would approve use of free cash to fund the first year of collective bargaining agreements as required by law. Any new collective bargaining agreement costs must be funded explicitly by the town meeting for the first year of that contract. Mr. Dorsey. Mr. Dorsey, you are on mute. [Speaker 5] (13:45 - 14:28) Sorry about that. Tim Dorsey, Precinct 4, Chair of the Finance Committee. The Finance Committee recommends that the town vote to transfer $11,866 to transfer, I'll repeat that, $11,866.38 from free cash to fund the cost items contained in the first year of a collective bargaining agreement between the Town of Swampscott and SEIU Local 888 for library employees and further to transfer a total of $55,710.50. Thank you, Mr. Dorsey. [Speaker 1] (14:28 - 14:38) Is there a second? I see some applause. There's a second. Okay, Mr. Dorsey, please proceed. [Speaker 5] (14:38 - 15:05) I stated the $11,866.38 is for the library and the remainder of the funds are for pending negotiations with two other unions that are expected to be finalized soon. We understand that this remainder is associated with the town's latest and best offers and I defer to the town administrator for further explanation due to the ongoing negotiations. [Speaker 1] (15:08 - 15:21) Thank you, Mr. Dorsey. Before I take some comments from, I see at least one member with their hand up. Mr. Town Administrator, is there any detail that needs to be added to this discussion? [Speaker 2] (15:23 - 16:00) You know, we currently are negotiating with several collective bargaining groups. It's our hope that we can have funds appropriated tonight and we can continue to work in good faith with our unions to achieve a collective bargaining agreement. This will help ensure that while we do have one MOU that has been agreed to with one of our unions, we continue, we can continue to work with the men and women that serve the town and have funds available in event that we are able to negotiate a good faith agreement. [Speaker 1] (16:01 - 16:02) Thank you, Mr. Town Administrator. [Speaker 2] (16:03 - 16:59) Ms. Webster, we approved those at our annual town meeting and those contracts expire on July 1st of 2022 and so we will have to negotiate those contracts over the next few months to negotiate successor agreements. The other contracts, you know, I can't really discuss a strategy in public. I have an obligation to negotiate in good faith and frankly, you know, we are fully intent to come to some successful negotiations but that takes time and to honor that good faith process, you know, I'm asking town meeting tracks that would be within the appropriation if we didn't. [Speaker 23] (16:59 - 17:13) Just a quick question. I'm unclear about what issue here. The police and fire contracts, are they under negotiation now or are they waiting to negotiate for next year? [Speaker 1] (17:15 - 17:19) Mr. Fitzgerald, you may or may not want to talk about what you're negotiating currently. [Speaker 2] (17:20 - 17:47) I am not currently engaged in negotiations for a successor agreement with the police and fire. We just negotiated a one-year collective bargaining agreement with police and fire to implement leaving civil service and a number of other contractual changes and so I anticipate that we will resume negotiations sometime after the first of the year for both police and fire. [Speaker 1] (17:49 - 17:59) Thank you, Mr. Fitzgerald. Mr. Lorber. Mr. Lorber, I believe you are on mute. [Speaker 10] (18:04 - 18:04) How's that? [Speaker 1] (18:05 - 18:05) That's much better. [Speaker 10] (18:06 - 18:52) Thank you, Mr. Moderator. Terry Lorber, precinct five. I assume it, I would hope it raises salaries at least to maintain cost of living, et cetera, et cetera. To follow on from Ms. Cavallaro, you know, we don't know the details of what's being bargained on, so we don't know what our positive vote here might entail. It's for costs accrued by the town of the future. So I'd like to make a motion to amend this article to strike, and I can try to email you this, Mr. Moderator, but I'd appreciate the help here, strike a certain town and or school department unions and replace with the library department union funds for the library collective bargaining. [Speaker 1] (18:53 - 19:10) So Ms. Lowe and Ms. Lau, with their hands up, although they were hands up before, so I'm going to take a flyer on this and say Ms. Lau, did you want to discuss Mr. Lorber's motion to amend? Go ahead, please. You have the floor. Identify yourself. [Speaker 11] (19:10 - 19:36) Mar-a-Lau precinct two. So yes, I do want a little clarity on this. I would like to see if Mr. Fitzgerald could tell us how much, how long these departments have gone without a contract and how many departments are affected outside of the $11,000 for the library. [Speaker 1] (19:37 - 19:48) Okay. I did hear two collective bargaining units and Ms. Lau had a specific question along what the status of their contracts is or has been. [Speaker 2] (19:51 - 20:21) Sure. So as I mentioned, police and fire are currently in contract. Our library is in contract. That contract will expire on June 30th of 2022. Our administrative assistance union will expire on June 30th of 2022. And the DPW contract is two years out of contract. So that expired two years ago. [Speaker 1] (20:24 - 20:28) And Mr. Fitzgerald, Ms. Webster. [Speaker 22] (20:31 - 20:46) Hi, Mary Webster, precinct three again. Just a final follow-up and Mar-a-Lau, thank you. That was a great question. I wanted to know, just when you talk about the police and fire, their contract has been renewed and then it's coming up again in July. [Speaker 1] (20:46 - 20:51) Ms. Webster, I'm just going to ask you to focus on Mr. Lorber's motion to amend. [Speaker 22] (20:52 - 20:53) Okay, thank you. [Speaker 1] (20:54 - 21:15) Striking the 55,000 from any unions that have not yet agreed, but could agree tomorrow morning. If you have comments on that, I'd like to hear that now. If you have other comments, I won't count this against you two times on this article. Ms. Lau, and you're on mute. [Speaker 11] (21:15 - 21:44) I wanted to come back with Mr. Fitzgerald. So the clarification is that I don't want this. So Mike, speaking to Terry Lorber's change of this, I certainly don't want employees to not be paid for work that's already been done, but yet an agreement that has not yet been made. And it sounds like that's if this money is struck, that that's what's going to happen. [Speaker 1] (21:44 - 21:59) My understanding is that if this money is struck and an agreement is reached tomorrow, we won't be able to pay out those amounts to these collective bargaining units until we next meet as town meeting. Do I have that correct? Do I have that correct, Mr. Fitzgerald? Thank you, Ms. Lau. Mr. Bierman. [Speaker 9] (22:02 - 23:30) I would like to speak in opposition to the motion to amend and implicitly- And again, I'm sorry, Mr. Bierman, you are Jack Bierman- Oh, Jack Bierman, precinct six. I'm sorry. Thank you. I would like to speak against the motion to amend and implicitly also in favor of the main motion. The amount of money has been specified. That's at stake here. There's no reason to delay the funding of these agreements. It sounds like we're close to agreement on the amounts that, and that's why there's a specific amount attached to it. It would be odd if suddenly we're going to find out in a few weeks that the contract was actually $100,000 instead of the 55. And if it is, of course we need another vote. This is a relatively routine article, actually, in my opinion. If the board opinion, a collective bargaining agreement that's way out of line with its expectations for costs, obviously they would have to get that budget through a subsequent town meeting. And the remedy for that actually would more likely be voting in new members of the select board. It wouldn't be nitpicking on the particulars of this amount of money that's just to pay the employees who are working full-time under very often very difficult circumstances for our town. So I just think we should reject the amendment. We should vote in favor of the article and allow just the normal operation of the town to continue. [Speaker 1] (23:31 - 25:06) Thank you, Mr. Bierman. Any further discussion on Mr. Lorber's proposed amendment? Seeing none, all those in favor of Mr. Lorber's amendment to strike the language after approving the library union monies of $11,000 some odd, basically removing the $55,000 and change, I'll get you the exact amount before I ask you to vote. Thank you for the assist, Mr. Dorsey. $55,710.50. All those in favor of Mr. Lorber's amendment to remove the $55,710.50, please signify by voting yes. All those opposed, the red no. 30 seconds. Folks who have joined recently, I'm asking all town meeting members to please put a capital P and the number of their precinct before their name. All visitors a capital V, as in Victor, before their name. And any staff members, capital S as in Sierra. 10 seconds left on this vote. I see a potential point of order. So I won't conclude the vote until I find that. Mr. Patsos, do you have a point of order? [Speaker 6] (25:14 - 25:23) I do, Mr. McClung. I had my hand raised. I waited patiently and you ignored me. It has to do with Mr. Lorber's motion, and I'd like to be heard prior to a vote. [Speaker 1] (25:23 - 25:29) In an abundance of caution, I would love to hear what you have to say. [Speaker 6] (25:29 - 27:02) I appreciate the courtesy. Thank you, sir. So we've had several town meetings, special town meetings, and now we have a budget that's been put in front of us at $55,000 for unspecified apartment, which is, I guess, some type of deliberation with a town administrator, and yet we don't know what department it is, and we don't know exactly why that is. Now, you can say to me that tomorrow they might reach an agreement, but they knew that we had a special town meeting tonight, not tomorrow morning, not the next day or next week. And so if you want this body to vote on spending the town's money, and it's important enough to come in front of us to hear what the money is going to be spent on, and then to be told that we can't be told what department that they're negotiating it, but it's in good faith that we should just give our purse strings to the town administrator. I have a problem with that, and I find it very, very, very troubling that you allowed Mara to assume that someone wasn't going to be paid if we didn't get everyone's paycheck is going to be received on time. There is no one that's not going to get paid if we don't provide this $55,000. So why do we have a town meeting at all? Why don't we just give a blank check statement you would like to make at this point. I have five minutes. [Speaker 1] (27:03 - 27:06) I'm urging you to stay on point so that you remain in order. [Speaker 6] (27:06 - 27:08) I'm very much on point, sir. [Speaker 1] (27:08 - 27:11) Mr. Patsios, that decision is mine and mine alone. [Speaker 6] (27:13 - 27:17) Mr. Patsios, I reclaim my time. [Speaker 1] (27:17 - 27:27) That is not the way this meeting works, sir. I decide what is in order. I am urging you. [Speaker 6] (27:27 - 27:31) I am doing everything I'm supposed to do, but you keep interrupting me. [Speaker 1] (27:31 - 27:57) I am urging you. I'm muting you now because you will not be in order. Now, if you will sit for 30 seconds, you will hear what will be in order. Thank you. You may speak to this motion to amend. You may not discuss other budgets, other years, unless it has a specific bearing on this motion. Now, sir, can you please govern yourself? You may speak. [Speaker 6] (28:03 - 28:06) What I was saying before I was interrupted. The red no. [Speaker 1] (28:06 - 28:55) 30 seconds. And as I was mentioning before we had that point of order, there are a number of newly arrived members that I am asking you please to make sure to rename yourself the way we have in prior town meetings by putting a capital P and the number of your precinct before your name. 10 seconds. I see another point of order. This belongs to Ms. Cavallaro. Ms. Cavallaro, could you please state your point of order before I halt the voting? [Speaker 24] (28:56 - 29:05) Yes. I just need some clarification. If we're voting yes, is that in favor of postponing? [Speaker 1] (29:06 - 29:14) No. If you're voting yes, you would be voting to remove the 55,710.50 from Mr. Dorsey's original motion. [Speaker 24] (29:15 - 29:15) Thank you. [Speaker 1] (29:16 - 29:56) You're welcome. Thank you. Another 10 seconds then, please. Are you ready to record this vote? By a vote of 32 in favor and 180 opposed, Mr. Lorber's motion to amend fails. We return to Mr. Dorsey's main motion to adopt the $11,000 for the library and the 55,700 for the remaining two collective bargaining units. Mr. Demento, you've been waiting patiently. Please identify yourself and the floor is yours. [Speaker 17] (29:59 - 30:24) Thank you, Mr. Moderator. Bill Demento, precinct one. I have a technical question, really. Twice, Sean has said that if this motion fails, he would have to wait and come back to another town meeting. I don't know, but isn't it possible he could just go to the finance committee and have those funds transferred to meet that obligation? Or is that not allowed? [Speaker 1] (30:24 - 31:46) I do not believe that's the case since it's funding the first year of a collecting bargaining agreement, but if you'd like, I'll consult with town council, who is sitting next to me. Thank you. Thank you for the meeting's indulgence. It is as stated that we would need to appropriate the money as a town meeting and the finance committee reserve, of course, being reserved for unforeseen or emergency expenses. So I would say that that is not an option. Mr. Perry. [Speaker 14] (31:46 - 32:28) Thank you, Mr. Moderator. Good evening. Jerry Perry, precinct three. Mr. Moderator, if I could, please, my question is about free cash. As we are asking for a transfer or appropriation for free cash, I believe it's my understanding that free cash was just certified this afternoon by the Department of Revenue. I would ask through you, Mr. Moderator, can we disclose to the town meeting members how much free cash was certified? And so I don't have to ask the question again when we get to the water and sewer. I'd appreciate if town meetings informed of what the certification is for retained earnings on both water and sewer. I would appreciate that. Thank you, Mr. Moderator. [Speaker 1] (32:28 - 32:50) Thank you, Mr. Perry. That's a very germane question. I'll turn to Amy Serra if you could document for town meeting the certified amounts in free cash. And yes, while we're at it, we may as well look at the retained earnings for water and sewer. Thank you. [Speaker 12] (32:51 - 33:25) Yes, so our free cash was certified at $3,630,048. Our water retained earnings was $1,277,034. The sewer retained earnings was $1,091,048. And the PEG cable access was $253,962. [Speaker 1] (33:26 - 34:40) Thank you, Ms. Serra. Complete as usual. And any further discussion on Mr. Dorsey's original motion to approve the $11,000 for the library union and the $55,700 and change for the two remaining unions close to but not yet closed in their agreements. Seeing no further discussion about Mr. Dorsey's motion, the Finance Committee's recommendation, I will entertain a vote now on his motion. The green button for yes, the red button for no. 30 seconds. 10 seconds. Confirming that you're ready to record this vote. [Speaker 5] (34:45 - 35:27) And by a vote of 209 in favor to eight opposed this amount to stay within our financial guidelines, the three to 5% range. Again, this is 3.7 would increase by 1.44% or $129 up to $9,128, 6% by $94 up to $7,567. So again, whether you look at the average, it's a 1.44% increase that will result from the tax setting process if we apply these funds to 1.44% to the average and 1.26% to the median. [Speaker 1] (35:28 - 36:54) Thank you, Mr. Dorsey. As their discussion on the motion, the recommendation of the Finance Committee for 1.25 million out of free cash, you just heard the number certified as 3.6 raised. Do any of my co-hosts see hands raised? Thank you. All those in favor of Mr. Dorsey's motion for the recommendation of the Finance Committee, this will transfer 1.25 million out of free cash to the current account so that we can offset any tax increases. Use the green yes. All those opposed, the red no. 30 seconds. 10 seconds. Are you ready to record? And by a vote of 212 in favor, five opposed, Mr. Dorsey's motion carries. Let me know when the vote is recorded. Thank you very much. This brings us to Article 5. Article 5 is an appropriation from a specific transportation infrastructure fund. Basically, all ride shares contribute a tiny amount of their fare into this account, but we can't use it until we appropriate it. Mr. Dorsey. [Speaker 5] (36:55 - 37:19) The Finance Committee recommends that the town vote to appropriate the sum of $3,946 to $3,900 enhancement fund, a receipt reserved for appropriation account for expenses associated with the impact of transportation network services on municipal roads, bridges, and other transportation infrastructure, including any incidental. [Speaker 1] (37:21 - 37:43) This brings us to Article 6, transferring monies from the Water Enterprise Fund retained earnings that you just heard an amount on to offset the water rates. Ms. Fletcher. Do we have Ms. Fletcher in the meeting? [Speaker 29] (37:44 - 37:44) Yeah. [Speaker 1] (37:45 - 37:49) Okay. Please identify yourself and you have the floor to make an initial motion. [Speaker 15] (37:50 - 37:58) Mary Ellen Fletcher, Vice Chair of the Finance Committee, Precinct 5. I move that Article 6 and 7 be taken up together. [Speaker 1] (37:59 - 38:59) So Ms. Fletcher is moving for us to consider both of these articles at the same time, which in my point of view would be in order, such as to make productive use of the meeting's time. Is there a second for the motion to consider them together? Seeing several. All those in favor of Ms. Fletcher's motion to consider both of these articles at once, please use the green yes. All those opposed, the red no. 30 seconds. 10 seconds. Please let me know if you're ready to record this vote. And by the unanimous vote of 200, and I'll continue on both the Water Enterprise and the Sewer Enterprise Fund. Ms. Fletcher, would you please share the Finance Committee's recommendations? [Speaker 15] (39:00 - 39:14) The Finance Committee recommends that the Town vote to transfer $90,000 from the Water Enterprise Fund and $100,000 by the Board of Selectmen in the reduction of the water and sewer rates respectively. I move the recommendation of the Finance Committee. [Speaker 1] (39:15 - 39:21) Is there a second? I see multiple seconds. Please, Ms. Fletcher, proceed. [Speaker 15] (39:22 - 39:33) This is explained very well in the warrant. What it is is just a surplus revenue, and we do this every year by helping to keep the water and sewer rates down. [Speaker 1] (39:35 - 40:08) Thank you, Ms. Fletcher. Is there any discussion to Ms. Fletcher's motion of the recommendation of the Finance Committee to transfer monies from the Water Enterprise and the Sewer Enterprise Fund retained earnings to offset increases in the rates? Those amounts, once again, are $90,000 from the Water Enterprise Fund and $190,000 from the Sewer Enterprise Fund. Mr. Barden, if you will identify yourself in your precinct, the floor is yours. [Speaker 20] (40:12 - 40:28) Thank you. Mark Barden, Precinct 4. My question is, what would the rate be without transfer or without using these funds, and what would the rate be with using these funds? [Speaker 1] (40:31 - 40:36) I'll answer that. Rates, and that's one of the reasons that this article is before us. [Speaker 2] (40:42 - 40:59) I don't have that information right in front of me. We did model some of the rates. We had some conversations back in the fall when we discussed some of the rate setting, but I can check some of my documents and see if we have some of that information. [Speaker 1] (40:59 - 41:19) Perhaps the current operating line items for the Water and Sewer Enterprise Funds would be germane, which numbers I don't have at hand from last May. I believe they're in the order of $5 and $6 million. [Speaker 2] (41:26 - 41:42) Sewer Enterprise Fund is a total of $3.2 million. Water Enterprise is $4.3, including debt service and fixed costs. [Speaker 1] (41:44 - 42:01) Very good. I understand that we have a fiscal guideline for the amounts retained in these funds as retainers. Perhaps, Ms. Sarah, you have that amount and where this will leave us in regards to that fiscal guideline. [Speaker 12] (42:02 - 42:22) Yes. Our financial guidelines have a reserve range at 20%. Using these appropriations, our water retained earnings would be at 27.5% after the $90,000. Our sewer retained earnings would be at 28.12% after the $190,000. [Speaker 1] (42:22 - 42:29) Thank you, Ms. Sarah. I'm going to look for other questions. [Speaker 20] (42:29 - 42:31) Can the funds be used elsewhere? [Speaker 1] (42:32 - 42:37) They can only be used in executing the operations of the Water or the Sewer Department. [Speaker 20] (42:38 - 42:38) All right. Thank you. [Speaker 1] (42:39 - 42:45) Thank you. Any further discussion? Mr. Lorber. [Speaker 10] (42:51 - 43:02) Thank you, Mr. Moderator. Thank you, Mr. Moderator. Terry Lorber, Precinct 5. Could the sewer funds be directed to address the contamination at Stacy Brook? Thank you. [Speaker 1] (43:04 - 43:34) Well, the enterprise are in operating funds, and that is a capital project. So, you could certainly appropriate out of it to help defray the debt service as we are. There is an amount of the debt service that has already moved into the enterprise funds as part of the debt related costs. Mr. Sarah. [Speaker 16] (43:38 - 44:09) Thank you, Mr. Moderator. Anthony Sarah, Precinct 5. Maybe Mark's question could be answered a little bit in how was it determined that the amounts of $90,000 and $190,000 were determined in light of the fact that the, I guess, reserve that they like is 20%, and the amounts we have are in the neighborhood of 27%. Sure. [Speaker 1] (44:09 - 44:25) That's a germane question. I'll recognize Ms. Sarah or Mr. Fitzgerald, if you have a point of view on how $90,000 and $190,000 were arrived at. [Speaker 2] (44:29 - 46:06) Sure. We have presented every year over the last few years a rate study where we've looked at comparatively Swampscot's water and sewer rates with peer communities. And so, we've tried to be mindful of the fact that we have spent, frankly, decades failing to meet a status of good repair with our sewer projects, but we've actually done a pretty good job keeping up with our water investments. And so, we've looked carefully at trying to strike that balance. And certainly, we don't want to catch up all at once, but this past year, we looked hard at trying to find some equity across rate payers. We feel comfortable that through a prudent use of these funds, we can continue to strike that balance and keep Swampscot's rates reasonable. But certainly, we are going to see additional work with sewer. The town recently, over the last week, was notified that we will receive a $2.5 million funding allocation specifically for work to help improve contamination on Stacey's Brook. We're going to continue to reach out and try to get additional grant funds to help address decades worth of neglect with some of the sewer pipes in town, and we'll do our best to get broader state and federal revenues to help offset some of those costs. [Speaker 1] (46:06 - 46:09) Thank you, Mr. Fitzgerald. I see Mr. Spellios. [Speaker 4] (46:14 - 47:17) Thank you, Mr. Moderator. Peter Spellios, Precinct 2 member of the Select Board. To answer Mr. Barton's question and Mr. Serra's question, when the board looks at recommending retained earnings and rate setting, like the town administrator just mentioned, he does create a projection of years to come and allocates an amount of retained earnings to future years in order to make sure that in each year, we're able to moderate increases. Unlike tax bill moderation, which has happened pretty successfully over the last five years, water and sweeping that the town is just getting a handle on. The amount of deferred cost for our water and sewer is something that we are just getting a handle on. And without the use of the retained earnings here, my recollection is the average single family resident would have seen a double-digit percentage increase in water and sewer by using the retained earnings. It's closer to between three, I think between three and four and a half percent is what will be associated with the uses of revenue that would go into this fund if approved. [Speaker 5] (47:18 - 47:29) And that those guidelines are expected to be discussed prior to the July 1st date, 21st deferred to the chair of the Select Board for a further overview. [Speaker 1] (47:29 - 47:40) Certainly. Thank you, Mr. Dorsey and Ms. Titcom. I know you worked extensively on some of the solid waste advisory items and this was one of the recommendations. Please, the floor is yours. Just identify yourself. [Speaker 7] (47:42 - 49:11) Good evening, Polly Titcom, Precinct 1 member of the Select Board. Yeah, just to give some more detail here, as the language suggests, this article, this particular article just creates the structure of the Enterprise Fund. It doesn't actually fund it until the next fiscal year. So setting it up now as opposed to at the spring town meeting will just help with the budgeting process and not have to, if it's approved in the spring, go back and rebudget things that had already been budgeted without it. So it's ahead of time. Some of the benefits of the Enterprise Fund are allowing the town to identify the total cost, the true total cost of solid waste services, obviously trash and recycling, but just to keep a closer and more, and a clearer accounting of the other to then generate future fees for residents. This is truly just to get an accurate accounting and also as a way to look at some of the revenues and the tonnage that goes into the solid waste stream. So we do have a solid waste advisory committee. It's a, you know, I happen to be on it. I'm the least informed of members. It's an amazing committee. They're very proactive and informed. And, and so they would be advising the town and the select board on their thoughts and recommendations related to this as well. [Speaker 1] (49:13 - 49:20) Thank you, Mr. Come, Mr. Lenski. [Speaker 28] (49:20 - 49:22) Is there any estimate right now how much is coming in? [Speaker 1] (49:23 - 49:25) Your name and precinct? [Speaker 28] (49:25 - 49:28) If you will, let's keep precinct four. [Speaker 7] (49:28 - 49:51) Is there any estimate a conversation that's an example, and definitely a conversation that has come up, you know, holiday times and such and such. So something that's how we consider and something that potentially, you know, the establishment of the Enterprise Fund to make it relevant to the article, Mr. Moderator could help could help with residents as well. [Speaker 1] (49:52 - 51:11) Thank you, Mr. Come. Further conversation about further recommendation to establish a solid waste user fee Enterprise Fund. Seeing none. All those in favor of Mr. Dorsey's motion. The green yes, all those opposed the red no. 30 seconds for the vote. 10 seconds. Are you ready to record this vote? The vote? And we'll proceed to Article Nine. Thank you very much. Article Nine is an article to officially change what has been unofficially changed for a few years now. The name of the Board of Selectmen to the Select Board, Ms. Titcom. [Speaker 7] (51:14 - 51:22) Thank you, Polly Titcom, Precinct One, Town Meeting Member, Member of the Select Board. I move that Articles Nine, 10 and 11 be taken up together. [Speaker 1] (51:26 - 52:00) Again, I find this motion in order in that we will be discussing the same name change just in different official town documents. Is there a second? I'm seeing several seconds. All those in favor of Ms. Titcom's motion to take up Articles Nine, 10 and 11, Selectmen to Select Board in the Charter, the General Bylaws and the Zoning Bylaws, respectively, please use the green yes. I see a point of order. We'll suspend voting. Mr. Callahan, what is your point of order? [Speaker 21] (52:04 - 52:20) Callahan from Precinct Four. Thank you, Mr. Moderator. Gary Callahan, Precinct Four. My only question on this is I see in a notation on Article 11 that does not appear on Nine and 10 that a two-third vote is required on approval of Article 11. [Speaker 1] (52:21 - 52:31) You are correct, sir. By combining these, we subject all of them to a two-thirds requirement. Any further point of order, Mr. Callahan? [Speaker 29] (52:31 - 52:31) Nope. [Speaker 1] (52:32 - 52:55) Thank you very much. Continuing with the vote, all those in favor of Ms. Titcom's motion to consider Nine, 10 and 11 together. Thank you very much. Before I proceed, I also need to check with the Chair of the Planning Board since Article 11 deals with changing the Zoning Bylaws. Ms. Ippolito, has the Planning Board heard this in public and made a recommendation? [Speaker 19] (52:56 - 53:14) Thank you, Mr. Moderator. Angela Ippolito, Precinct Five, Chair of the Planning Board. We have met on December 6th to review this article and the Planning Board voted unanimously to recommend favorable action. Thank you. [Speaker 1] (53:14 - 53:17) Thank you, Ms. Ippolito. Ms. Titcom, your motion then. [Speaker 7] (53:19 - 53:28) The Select Board and Planning Board recommend approval of these Articles Nine, 10 and 11 as shown in the printed warrant. I move the recommendations of the Select Board and Planning Board. [Speaker 1] (53:29 - 53:33) Is there a second? Seeing several seconds. Ms. Titcom, please. [Speaker 7] (53:35 - 53:46) I am hoping we can take a vote without any more explanation. It is just as it says. It's a formal name change. [Speaker 1] (53:58 - 54:44) 10 seconds. Are you ready to record this? And by a unanimous vote of 212 in favor and zero opposed, all three articles are dispensed with in the positive. Brings us to our final article. Let me know when you've recorded that vote. Very good. Article 12 is an article that deals with an existing easement held by the town through National Grid having to do with the corridor known as the Rail Trail. Mr. Spelios. [Speaker 4] (54:49 - 55:05) Thank you, Mr. Moderator. Peter Spelios, Precinct 2 member of the Select Board. The Select Board recommends favorable passage of the Article 12 as printed in the warrant. I move the recommendation of the Select Board. [Speaker 1] (55:05 - 55:09) Is there a second? Seeing multiple seconds. Mr. Spelios. [Speaker 4] (55:10 - 55:22) Mr. Moderator, if it's okay with you, I'd like to ask Marcie Golaska, Swamp Scots Director of Community and Economic Development to speak to and give an update on the trail and then I'll finish it off. [Speaker 1] (55:23 - 55:24) Thanks very much. Ms. Golaska. [Speaker 3] (55:25 - 59:53) Good evening, Marcie Golaska, Precinct 6 Town Meeting member and the Director for the Office of Community and Economic Development. Thank you. It's a pleasure to be here to speak on this article and to provide Town Meeting members on an update where we are in regards to the Rail Trail. So, Article 12 changes how the town can acquire an easement for the Rail Trail. It relates only to the portion of the trail from Humphrey Street to Stetson Ave. It further allows the Select Board to convey back an easement the town acquired from National Grid in 2019 in return for entering into a ground lease. The town today was able to negotiate a 99-year ground lease with National Grid for the portion of the Rail Trail. It's similar to what other communities have history regarding the Rail Trail and then just provide a quick funding update or financial update on the Rail Trail. I know many of the Town Meeting members have been around for a long time. So, I will try to make this quick as the has been discussed at length at previous Town Meetings. So, just quickly in 2017, Town Meeting voted to approve acquisition of rights for the Rail Trail purposes. In 2018, the preliminary design was completed. In 2019, the Select Board acquired an easement from National Grid. This is the easement that is subject to this article. In 2020, Phase 1 of the trail has been completed. That's the segment that runs from Beach Bluff Avenue to the Marble Hedge Hound Line. In 2020, the second segment was for the design engineering appraisal legal cost acquisition title and related work as it relates to the Rail Trail. To date, we had spent $297,405 and a penny from these funds. And just to kind of confirm the fact that to date the fund, the Town has not spent any funds towards acquisition of easements. Phase 1 of the project that I mentioned earlier was funded by grants. It was funded by the Mass Trail Grants and a donation from the Solomon Foundation. Phase 2, which was the Beach Bluff to Bradley F segment was also funded by a grant and that was funded by a grant and that was from the Mass. Phase 3 that will be entering shortly is the Humphrey Street to the Middle School segment will be funded by another grant from Mass Department of Transportation that we secured. In addition to that, we also secured some wonderful donations from the Friends of the Swampscott Rail Trail. They gave the Town $150,000. We also received $25,000 from the Gulf Fund as well as another donation of $1,000. Next slide, please. And you can see in this map, it shows in blue the segment of the Rail Trail that is subject of this article. And again, that's from Stetson Ave to the Humphrey Street segment. The segment that's highlighted in orange are the two phases that I mentioned earlier and that's the Bradley to the Marble Headline segment of the trail. And on your right side of the screen, you will see an image or a photo of what the segment of the trail looks like if anybody has not had an opportunity to go out and take a look at it. Next segment, please. And then finally, Swampscott is a very important link in the East Coast Greenway, Northern Strand Community Trail to the Marble Head and the Salem Trail to the North. The East Coast Greenway is also a connector of over 15 states and about 450 cities and towns for a length of over 300,000 miles that provides off-road access for pedestrians and cyclists from Maine to Florida. And that is my presentation. Thank you. [Speaker 1] (59:55 - 1:00:03) Thank you, Ms. Golaska. Mr. Spellis, did you want to conclude your remarks? You have concluded your remarks. [Speaker 4] (1:00:04 - 1:00:33) No, I would like to. Thank you, moderator. I appreciate it. Thank you, Margie, for that presentation. In short, really, it's a lot of words in the Warren article to just explain the following. The town already has all the requisite authorities needed for the Rail Trail except for one. In order to finalize this arrangement with National Grid, we need authorization in order to convey back to National Grid the easement that we acquired from them in 2019. That is something that town meeting approval is required for, and that's what we're asking for tonight. Thank you, Mr. Moderator. [Speaker 1] (1:00:33 - 1:00:37) Thank you, Mr. Spellios. Ms. Nassar. [Speaker 13] (1:00:44 - 1:00:47) Hi, thank you. Margie, could we go back? [Speaker 1] (1:00:47 - 1:00:49) And again, Ms. Nassar, thank you. [Speaker 13] (1:00:49 - 1:01:02) Yep. Yep, go back to the slide show for a minute and to the slide that's right before the East Coast Greenway. I had a question on that slide I wanted to ask. [Speaker 1] (1:01:02 - 1:01:05) Thank you. Can we get Margie's presentation back up? [Speaker 13] (1:01:06 - 1:01:38) Great, thank you. Margie, if I heard you correctly, you had represented that the article tonight is represented in blue, that the orange is what has already been completed, and the article tonight represents blue, which goes from Stetson to Bradford. But I don't believe that's accurate. I think there's a portion in there along Wharton that is not included in tonight's article. [Speaker 3] (1:01:39 - 1:01:53) So once again, tonight's article is strictly from Humphrey Street, and now that I look at it, perhaps of tonight's vote is from Humphrey Street all the way, if you follow, if you see the hand following, to the end of Stetson. [Speaker 13] (1:01:54 - 1:02:00) Thank you. I appreciate the clarification. I understood the warrant. It's that the graphic doesn't match. [Speaker 3] (1:02:00 - 1:02:02) Thank you. Well, I apologize for that. [Speaker 1] (1:02:02 - 1:02:23) Thank you, Ms. Nassar. Thank you, Ms. Velasca. Mr. Dembowski. Mr. Dembowski, can you come off mute? Happens to us all, myself included. No, still muted, Mr. Dembowski. There we go. Good. My question relates And again, you are Henry Dembowski. [Speaker 18] (1:02:23 - 1:02:40) At Precinct 6, Henry Dembowski. Why is phase three skipping from Bradley to Humphrey? We're going to have a split trail. How will the people follow a trail? Why are we jumping? And my question is, why does phase three not go from Bradley to Humphrey? [Speaker 1] (1:02:41 - 1:02:54) So although this is not 100% germane to the question of changing the paperwork for Humphrey to the end of Stetson, I'll allow it if we can have a brief answer, Ms. Velasca. Thank you. [Speaker 3] (1:02:55 - 1:03:28) Yes, absolutely. I am happy to answer that. The segment from Humphrey Street to the middle school is actually a segment that we received funding for. And that is the reason why we're advancing that segment. And it's actually an area that's being used that will allow us to provide access to the schools, to the middle school, and to the hopefully new Stanley School. But it's based on funding. We have funding that's secured for this segment right now. [Speaker 1] (1:03:30 - 1:03:42) You're on mute again, Mr. Dembowski. Go ahead. Nope, still on mute. Try again. [Speaker 18] (1:03:42 - 1:03:43) Okay. [Speaker 1] (1:03:43 - 1:03:44) Yes, thank you. [Speaker 18] (1:03:44 - 1:03:48) Go ahead. Does that mean, is someone working on the funding for the missing phase? [Speaker 3] (1:03:48 - 1:03:55) Yes, we certainly are. We are actively working to secure grant funding for the remainder of the trail. [Speaker 1] (1:03:55 - 1:03:58) Thank you. Thank you. Thank you, Mr. Dembowski. Ms. Pappalardo. [Speaker 8] (1:04:04 - 1:04:38) Good evening. Elizabeth Pappalardo, Precinct 4. I'm just going to lower my hand. Okay. So I just have a couple of questions. So in 2019, we got an easement. And now we're going to switch over to a ground lease. So I guess, and I don't know if I should ask all of these at once, or if you can come back to me because I just don't want to lose my spot. [Speaker 1] (1:04:38 - 1:04:41) Why don't you, let me hear, how many are they? [Speaker 8] (1:04:42 - 1:04:46) Well, it's just a four-part question. [Speaker 1] (1:04:46 - 1:04:48) Okay. Why don't we have the four parts? [Speaker 8] (1:04:48 - 1:05:07) Okay. Okay. So thank you, Mr. Moderator. So in 2019, we took an easement from National Grid. And now we're going to give back that easement, if I'm understanding correctly, in order to do a 99-year ground lease. [Speaker 29] (1:05:07 - 1:05:09) Yep. So why that? [Speaker 8] (1:05:09 - 1:05:26) Yeah, that is my first question. Can you explain why to those of us who don't understand? The second part is who pays for the ground lease? And what is the cost? Is that still to be privately funded? Or is the town now going to be paying for that through taxes? [Speaker 21] (1:05:26 - 1:05:27) Very good. [Speaker 8] (1:05:28 - 1:05:46) The third part is, how are the owners along the trail from Stetson to Humphrey impacted by this ground lease? We know that National Grid has an easement, but we also know that there are still landowners along that trail. And then... [Speaker 1] (1:05:47 - 1:05:49) And at full disclosure, that includes you. [Speaker 8] (1:05:51 - 1:05:56) Thank you. Yes. And then the fourth, and a lot of the people I represent as well, right? [Speaker 29] (1:05:56 - 1:05:56) Sure. [Speaker 8] (1:05:57 - 1:06:10) And then the fourth part is, can you explain what the next steps for acquisition of the land along this path would be? And what the cost would be for the town? [Speaker 1] (1:06:10 - 1:06:14) Very good. Thank you, Ms. Pappalardo. Mr. Smelios. [Speaker 4] (1:06:15 - 1:06:41) Thank you, Mr. Moderator. I think I've written them down in order, so I'm going to try and get all of them. In 2019, the Select Board did... In 2019, the Select Board did acquire, not only did the town collaborate with National Grid, but the town also collaborated with 13 adjacent property owners in securing agreements and consents to make sure that they were comfortable with how the trail was going to be done in those areas. There's every intention that we will continue that process for the remainder of the corridor. [Speaker 1] (1:06:42 - 1:06:50) Thank you, Mr. Smelios. And Ms. Pappalardo, I see you have your hand up. I'll recognize you for a second time on this, please. [Speaker 8] (1:06:52 - 1:07:03) Thank you. Actually, it's still my first comment, I think, because I'm just... I think forgot part of question four was, what do you anticipate the cost to be for land acquisition? [Speaker 4] (1:07:05 - 1:07:20) 2017 warrant article limits the amount of money that's available. And so the 2017 warrant article limits the public funding. Anything beyond that public funding would be done through other sources of funds, much like the construction has been done through other sources of funds. [Speaker 1] (1:07:20 - 1:07:32) And I'm trying to keep us on the topic of switching an easement for a ground lease, as opposed to trying to plan the entire trail. With that in mind, Mr. Patsios. [Speaker 6] (1:07:35 - 1:08:14) Does any portion of the rail trail come near sensitive areas such as conservation land, any wetlands? One. And the second part of the question is going to be several town meetings ago, the town of Swampscott enacted, I'll call it a tree conservation policy, that we would not be cutting down any trees that were on town property. I would assume this would fall under some type of control of the town. So are we replicating or what type of trees are we cutting down in this particular area where we are now obligating ourselves to national grid? [Speaker 1] (1:08:15 - 1:08:18) Thank you, Mr. Patsios. Any further discussion? [Speaker 4] (1:08:22 - 1:08:24) Mr. Mayor, would you like me to respond? [Speaker 1] (1:08:24 - 1:08:31) I don't see that that's entirely germane to switching an easement to a ground lease, but if there is something that I'm missing, you please proceed. [Speaker 4] (1:08:31 - 1:09:02) Well, I'm not sure it's germane, but I think it's a reasonable enough question I'm happy to quickly answer. So there are two portions of the trail in particular that will be before the Conservation Commission. That process actually started over a year ago. Those portions are closest to the middle school, will be a process that will have to be concluded with the Conservation Commission. The second having to do with the street tree bylaw that was passed, again, I can't speak specifically as to its applicability or not, but just like other things, this project will comply with all those requirements as well, Mr. Patsios. [Speaker 1] (1:09:03 - 1:09:10) Thank you. Any further discussion? Mr. Lorber. [Speaker 10] (1:09:18 - 1:09:42) Thank you, Mr. Moderator. Terry Lorber, please. Increase or decrease the ease by which another use of the rail trail might happen in the future. So say in some future time, we decide that light rail is very important to this community. Does an easement make it easier to reinstitute a railway? [Speaker 1] (1:09:44 - 1:09:45) Hypothetical for you, Mr. Spillius. [Speaker 4] (1:09:47 - 1:10:17) Hypothetically speaking, I think as though since our acquisition of the easement originally didn't think as though since our acquisition of the easement originally that the easement actually does make future uses of that corridor more flexible. Again, in essence, we will be partnering with National Grid. National Grid has certain rights under the ground lease, will have certain rights under the ground lease, but certainly I think it would create the flexibility much more than the town would not unilaterally be able to do much more than the town would not for rail trail purposes. [Speaker 1] (1:10:19 - 1:10:26) Thank you, Mr. Spillius. Further questions or discussion on Mr. Spillius's motion? The recommendation of the select board. [Speaker 4] (1:10:27 - 1:11:06) Mr. McClung, can I say one more thing, please? Yes, sir, please. I just want to take a moment here and just acknowledge something that Margie passed by pretty quickly on, which is the Friends of the Swampscot Rail Trail, which is a group of Swampscot residents who have created this nonprofit and have worked very hard. And I've been on the board now, I guess, a little more than, what am I, seven years? Going on seven years here. $125,000 donation. It's the single largest donation I've seen from the community group. Fingers on Zoom, but I do think it's worth mentioning their efforts. It's amazing what they've done, and they've done it quietly and unselfishly, and that money is going to help bring this vision to reality. [Speaker 29] (1:11:07 - 1:11:08) Thank you. [Speaker 1] (1:11:14 - 1:11:33) I'd like to thank everybody here in the room who has gone through a lot of work to help us get this meeting underway and complete. Sue Duplin, Town Clerk. Joe Gillette from the High School and the PEG-TV operation. Molly O'Connell from the Office of Community Development. Brittany Jones from the Clerk's Office.