[Speaker 2] (9:40 - 9:57) Good evening, ladies and gentlemen. Before I call the meeting to order, as we're waiting for a final count on the quorum, I have a couple of presentations. I believe we have Martha Schmitt from the Resiliency Committee. If you'd come down front, Ms. Schmitt, and address the body briefly. [Speaker 12] (10:17 - 11:16) Hello, good evening. I'm Martha Schmitt. I'm Precinct 4. I'm the chair of the Climate Action Resilience Committee. Just want to assure an announcement to say that we have a new website to encourage community participation in reducing our carbon footprint. The website is called resilienceswampscot.org, easy to remember. We encourage everyone to take a look and sign in. It's a great resource with information on energy savings programs, incentives, free events and webinars. It also includes actions that you can take to reduce emissions. If you sign up, you'll get notification of free events coming up. As part of the mass energized program, our town can participate in events that are hosted by other towns as well. Please check it out, resilienceswampscot.org. Thank you. [Speaker 2] (11:17 - 11:24) Thank you, Ms. Schmitt. And Ms. Khatib from SURE. And Diane, if you could bring that up. [Speaker 3] (11:47 - 14:59) Good evening, everyone. I'm Kelly Khatib with SURE Diversity. I'm the chair of SURE Diversity, and this is Mary DiCillo, who is our secretary. Next slide. SURE stands for Swampscot Unites, Respects and Embraces Diversity. We're a volunteer organization that formed in 2016, and you can find more information at surediversity.org. Next slide. When you hear the word diversity, what comes to your mind? For many, it's the color of our skin or the country of origin. But diversity encompasses so much more. It includes our religions, intellectual and physical abilities, life experiences, jobs, and socioeconomic statuses. Simply put, diversity is about the things that make us different and the things that bring us together. Next slide. Our mission is to celebrate all aspects of diversity. Our group aspires to encourage, educate, and collaborate in building a welcoming, nurturing, respectful, and inclusive Swampscot community. Over the past nine years, we have hosted and partnered on numerous events. For example, in 2019, we screened the film Intelligent Lives, a film about intellectual disabilities, and we hosted a Q&A with the sister of one of the individuals who faces those challenges. This was a partnership with Swampscot Public Schools, Student Services, and TASH New England. We've collaborated with Marblehead Charter, Rotary, and Spur to collect items for families in Syria undergoing war-related hardships in 2017. We also worked with the REACH Arts and the library on various events. This year, we participated in an interfaith Passover Seder with Temple Shirat Hayam and its Justice for All team. Through our grant program for the high school students, we helped sponsor the Heritage Festival that was developed and put on by the METCO students and Student of Color Association. We are always looking for meaningful events to partner on. Next slide. Let's talk about our current initiatives and how you can get involved. For Black History Month in February, we are planning an exciting event that promises to be the best yet. For several years, Swampscot has celebrated Black History Month with poetry, poignant conversation, and exhibits and history from the Swampscot Historical Commission. The theme, Black History is Our History, explores how different parts of American history are connected and blended together. Stay tuned for more details. [Speaker 4] (15:00 - 15:01) Next slide. Next slide. [Speaker 3] (15:03 - 16:09) We also have an ongoing Shore Diversity Book Club that meets the third Monday of every month. We read books based on the monthly celebrations. For example, in October, we read and discussed Ross Chast's graphic novel, Can't We Talk About Something More Pleasant? In honor of International Day of Older Persons. It's about an elderly couple in declining health and the impact on their daughter. Next slide. One of our most engaging activities is Tell Us Your Story, where community members share stories about their ancestors who came to America. Where did your ancestors come from? When and why? These stories are published on our website and archived at the Swampscot Library. For example, one was written by Mike McClung. The McClung family members have served in the so-called French and Indian Wars, the American Revolution, the War of 1812, and on both sides of the Civil War. We appreciate your participation, Mike. [Speaker 2] (16:10 - 16:12) I was assured by Ralph that there would be more than just me. [Speaker 3] (16:15 - 17:11) So how can you get involved? Next slide. Join us. We meet once a month on the second Tuesday of every month at First Church. We have a meeting tomorrow night. You can do as much or little as you like. If you're part of an organization in town, we'd love to partner with you. Attend our events. Share your family origin story with Tell Us Your Story. The forms are on the website. We'd love to hear from you. Send us a donation so we can continue to develop meaningful events, or give us feedback on what events might help us become a more welcoming Swampscot community. Next slide. Please visit our website, ShoreDiversity.org, follow us on Facebook, or email us for more information. Thank you so much for your time. Thank you. [Speaker 2] (17:12 - 17:23) Thank you very much. I believe we have one more presentation before we call the meeting to order. The school committee has a brief announcement. [Speaker 6] (17:35 - 20:50) Thank you, Mr. Moderator. Good evening, everybody. My name is Glenn Pastor, Precinct 2, chair of the school committee. To my right is Amy O'Connor, town meeting member and vice chair of our committee. Amy came to me a little while back with this great idea about a volunteerism award. All of you up tonight here are volunteers, and the largest place for volunteers in the town is the school department. So Amy had this great idea, and we'd like to present the inaugural volunteerism award tonight. So if you will indulge me, please. The school committee is starting a new tradition this evening by honoring an individual or group with our education volunteer award from the Swanscot School Committee. As demonstrated by everyone here tonight, volunteerism is critical for community success, and the school committee would like to recognize outstanding efforts. We are very fortunate to have many amazing volunteers. It's hard to choose, but these individuals keep rising to the surface. This particular person has demonstrated a long time commitment to the district from elementary through high school. They have demonstrated a commitment to the district and our goals. They work to provide betterment for all our schools in both small and large ways, both seen and unseen. This person is a role model for volunteerism. They give selflessly with no expectation of reward and by doing things that don't necessarily impact their own children. They represent the value that private citizens can bring to public education. It's our honor to present the inaugural award to Mr. Joe Ford. Please, stay where you are. Thank you, Joe. Just real quick. Among the many things that Joe does for us, he's led the PTA, he's mentoring the next generation of leaders. His commercial painting business hires local students, which in turn provide donated painting services to our school buildings. All of this in teaching work ethic and providing job experience. Joe is an active sports booster for multiple teams and a consistent face ready to help both teachers and principals. His generosity extends to individual students who might not be able to afford that Letterman jacket or who might need a summer job. Joe makes sure there is always money for all of those who want to go to nature's classroom or other events. Joe recognizes the commitment and impact a volunteer has on our school's success. So tonight we recognize Joe for setting the standard of what we can accomplish when our community is engaged. Congratulations, Joe. [Speaker 18] (20:52 - 20:53) Thank you. [Speaker 2] (20:58 - 23:49) First, a quick procedural announcement. You may notice a new face up here on the dais. It was understood that our town clerk would be absent tonight. This was a long-planned conflict well before this date of the meeting was announced three or four weeks ago. His assistant, Mike Bryson, was to have been serving instead, but he unfortunately has come down with a severe illness, and I sent him home rather than have him get sick while he was here with us. I have asked Heather Roman to serve as clerk pro tem, and I have duly sworn her in. So I want to thank Ms. Roman, and I believe you are informing me that we have a quorum. So with a quorum present, I am now able to call the meeting to order. I do need to ask if there are any members who have not been sworn in since the last election. If there are, could you please come down front. Meanwhile, anyone who feels the urge to pledge allegiance to our flag, please rise with me. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, indivisible, with liberty and justice for all. Thank you. Please, we'll adjourn for 30 seconds here. All right, we will now be in session. With a quick note of the bare quorum that we have, which is not surprising given that the meeting was called so recently and we have, you know, it was open, the quorum was open to close in an hour, and I've heard many people express surprise that we're having a meeting tonight. I'm glad you are all here. However, that in mind, the single warrant item that has the most time sensitivity is Article V, because if we do not pass this while we have a quorum, the Select Board will not be able to apply those funds in setting the tax rate. With that, do I hear a motion to advance Article V at this point? Is there a second? Thank you. Mr. Hartman. [Speaker 1] (23:54 - 24:17) Good evening, everybody. Eric Hartman, Precinct 1, Chair of the Finance Committee. The Finance Committee recommends that the town vote to transfer the sum of $850,000 from free cash to the account of current revenue to be used and applied by the Board of Assessors in the reduction of the tax rate for FY 2025. I move the recommendation of the Finance Committee. [Speaker 2] (24:17 - 24:32) Before I ask for a second, I am remiss. By charter, the Select Board must make public their vote on all of the articles, and to date I have not received any information, but I will turn to them now to approach the podium and announce your vote on this article. [Speaker 7] (24:42 - 24:49) Mary Ellen Fletcher, Chair of the Select Board, Precinct 4. This Select Board votes favorable action on this article. [Speaker 2] (24:49 - 24:51) We do need a quantum of vote by charter. [Speaker 7] (24:52 - 24:52) Excuse me? [Speaker 2] (24:53 - 24:55) We need the quantum of vote by charter. [Speaker 7] (24:57 - 24:59) What number? Five. Article V. [Speaker 2] (25:00 - 25:05) It was 5-0. I'm sorry. Was it 5-0, as I'm reliably informed by the front row? [Speaker 7] (25:05 - 25:06) 4-0. [Speaker 2] (25:09 - 25:15) I understand it was 4-0. Thank you very much. Now is there a second to Mr. Hartman's motion? Mr. Hartman. [Speaker 1] (25:19 - 25:21) If we can advance to the slides. [Speaker 2] (25:22 - 25:23) You should have a presentation. [Speaker 1] (25:41 - 41:05) Mr. Hartman. If you just advance a couple more, since we're taking things out of order here. Just advance to two more. Advance the slide. Article V. Yes. One more. Start on number 4. Start on slide 4. Okay. Good evening. So this article is the recurring article where we discuss how much free cash or stabilization funds the town will use to mitigate the increase in the tax rate. There are several components of the process of setting the tax rates, which are summarized on the next slide, if you could. Here we go. And this really began back in May when we approved the annual budget. The town has been operating under a policy where we work to limit the growth in the taxes to 2% plus a component of new growth. And we continued to live under that policy when we set the town's budget back in May. So at this special town meeting tonight, we get a chance to look at some of the latest estimates for the things that we had estimated back in May. These include what charges the town will receive from the state and also what state aid we will receive, as well as our local receipts, which are only estimated back in May, and we have a better updated number today. And then finally we'll make decisions on how much free cash or other reserves we may want to use to limit the growth in the tax rate. So the good news is that our estimates for our net state aid were pretty accurate back in May. The actual net state aid the town will receive is a little over $5.4 million, and this figure is about $40,000 higher than the estimate we had back in May. If you could go to the next slide. Another big component that we estimate is our local receipts. So local receipts are the monies that the town collects that are not related to real estate taxes. These include things like motor vehicle excise tax, building permits, meals taxes, and investment income, to name a few. So the town planned for a significant decrease in FY25 in local receipts, largely because we knew that the investment income that we've been earning on the bond proceeds as we built the new elementary school were not going to continue at the same pace because we've been spending those bond proceeds on the school. So while our local receipts were expected to be lower by about $1.2 million, the good news is that the estimate that we had at the end of when we set the budget back in May is coming out quite close. It's going to be within about another $20,000 or $30,000 is our current estimate. So we knew we were going to have a decrease. We factored that into the budget, and we're tracking right with the current budget. Next slide, please. Another piece of good news is that you may recall that, as I said before, we historically estimate an amount for new growth when we're setting the budget. Historically, we've used $425,000, but in 2024 we saw a substantial decline in the new growth, and we only achieved about $204,000. So when we set the budget in 2025, we also set a conservative number. But the good news is that through the current information, we already have about $421,000 of new growth. So we're effectively back to the benchmark that we've used in the past. I just want to note that we also can expect to see some significant increases in new growth in future years when some of the projects that we're working on, like the Glover and the Hadley Elm Place and Pine Street, come online. But those are all likely to be several years, two or three years out at the best before we start seeing those revenues. Okay, so those were the updates on the items that we estimated back in May, and they are items that are not really connected to the main source of revenue for the town, which is real estate taxes. So controlling the growth of the town's real estate taxes with a real estate tax levy has been a focus of the town for many years, and we've had some solid results to show for having using disciplined budgeting and striving to limit the growth of the levy below what's allowed by Proposition 2.5. The town's goal is not to have the lowest taxes in the area, but we did find ourselves at the high end of many of those charts when we compared ourselves to other towns in Essex County or other peer communities we've identified to be similar to Swampscott and even to our neighbors to the north, Marblehead. So looking back 10 years, Swampscott had the third highest average single-family tax bill in 2014 out of 34 communities in Essex County. Fast forward 10 years to 2024, and we're now the 10th highest. So this chart also highlights the overall modest growth in the average tax bill in the town of Swampscott. Next slide, please. Another way to look at Swampscott's tax burden is to look at a group of peer communities. So the town has identified these 12 communities as being similar and has tracked the last 10 years of average single-family tax bills. Next slide. So back in 2014, the average single-family tax bill in Swampscott was 29 percent higher than the peer group. As the chart shows, over this 10-year period, the peer groups have continued to have increases in each year, and over the 10-year period, Swampscott has increased I'm sorry, over that 10-year period, they experienced a 52 percent increase. Swampscott experienced a 21 percent increase over the same 10-year period and is now just 6 percent above the peer group. So to be clear, the message is not that we've achieved our ultimate goal or declared victory. We're still higher than the peer group, and we're still 10th out of our 34 communities in Essex County. So there's still work to be done. Next slide. So this last slide shows this is the last slide I'll talk about on this topic, but it shares what we're doing in Swampscott with our neighbors to the north in Marblehead and to the peer group. And here you can see that Marblehead has experienced a similar increase to the peer group at 46 percent over this 10-year period as compared to Swampscott's 20 percent increase and the peer group's growing by 47 percent. So that just shows the total growth in the average tax bill over the 10-year period. But if we calculate the annual compounded growth rate that each group has experienced over this time, we see that Swampscott's compounded annual growth rate is only 1.8 percent as compared to 3.9 percent for Marblehead and the peer communities. So that means over the last 10 years, if you started with the base year and got to the current year, it would just be a 1.8 percent increase year over year compounded versus about double that for the peer communities in Marblehead. Next slide. So from a valuation perspective, we've continued to experience large growth in our residential values with a 50 percent increase since FY 2020. This year our residential property has increased by 3.3 percent and commercial by 1.1. This trend of residential outpacing the commercial growth continues to put pressure on the residential tax rate and the recommendation is that we utilize a 175 percent shift to commercial, which is similar to the rate we used last year. Next slide. The median single-family assessed increase, the median single-family home assessment increased by a similar 2.5 percent in 2025 to $769,000 from $750,700 in FY 2024. But just to be clear about what increased valuations mean, increases in the town's property valuations in general do not necessarily mean that the town will earn more revenue through property taxes or that an individual home will experience a higher tax bill. The cost of running the town is allocated across the residential and commercial valuation base. So if the value of your home changes in line with the change in the overall valuation of the town, then you'll experience an increase in your tax bill that relates to the increased spending that the town has each year when we set the operating budget. But if your valuation increases or decreases disproportionately to the overall change in the town, then you might have a higher increase, right? So we set our budget of what we're going to spend and we allocate it across all the properties. So one way to look at it is if you just took all of the homes and the values and, you know, separating between residential and commercial, you're paying your pro rata share of what that total residential valuation is. So the point being, sometimes I hear people think, oh, my valuation went up, my taxes are going to go up. There might be some truth to that, but it's not that the town is getting more revenue. It might just be that the revenue that we need to run the town is being allocated differently because perhaps your house went up, you know, at a higher rate than your neighbor's house did. Okay. Sorry about that. It's Monday. I know that was kind of long and complicated. So the disciplined approach to our finances has led, that the town has employed over the last several years, has strengthened our reserves and allowed us to be in a position to take on some of the larger projects that are currently underway. This disciplined financial approach has also helped the town receive a AAA bond rating from S&P, which was recently recertified. This is something we've been striving to do for many years and would not have been possible without our fiscal discipline and having this highest credit rating will continue to provide us lower interest rates that will be available to the town as we continue to issue bonds. So let's take a look at where we are with our reserve accounts. Next slide, please. Our free cash was recently certified at $3.9 million. This is approximately $1.8 million above the low end of our fiscal policy of carrying 3% of general fund expenditures in free cash. However, tonight we have some proposed uses of free cash on the warrant. But the strength of this year's free cash certification was actually a bit better than finance committee and town staff had expected. And one of the reasons for this is, over the years, we've really been getting better at our budgeting and tightening our budgeting. And one of the main sources of free cash is when you budget for a line item and then you don't end up spending it. Effectively, if you tax for that expenditure, you've got free cash. We also have a history of being conservative on some of our revenue estimates. So as we've tightened the budgets and been more careful about raising costs, the concern was that would start to lead to a lower free cash at the end of each year. We have not really seen that yet. It's kind of leveled off. So that was a good, surprising result this year. And just as a reminder, last year at this time, when we were setting tax rates, we used $1 million of free cash to mitigate the growth in the rates. Go to the next slide, please. So we also have two other stabilization funds. We have our general stabilization fund, which is currently sitting at $6.5 million, or about $40,000 above the low end, our 9% range, that we'd like to carry in the capital stabilization fund. I'm sorry, in the general stabilization. And capital is sitting at $1.5 million, which is, again, just slightly over our goal of 2%. Next slide. All right, this is a little hard to see, but this is effectively a roll forward of what we're going to talk about tonight. So you can see at the very top of that slide it says $3,989,000. That's the certified free cash balance. And we're going to talk about four different articles that we'll propose to use those free cash balances. And at the end of the day, we will still end up, if town meeting approves the articles for tonight, we'll end up at $2,567,000, which will be 401, if you look all the way to the right here, 401, 268, above the minimum we need to be at 3%. So we'll consider that an excess. And for general and capital, it's the $39,000 and the $13,000 excess. So even if the town meeting approves the uses we're talking about tonight, we'll still be above the minimum levels for all three financial policies. Okay, next slide, please. Okay. So with the use of the proposed $850,000 of free cash, we're able to achieve the goal of limiting the impact of the new school debt service to $365 on the median single family home. And our total reserves will be slightly higher, as I just mentioned, than our fiscal policies called for, in total by about $450,000. So the Finance Committee was supportive of using free cash to get back to what we told town meeting we would limit that impact to. But given that we're so close to the lower end of our thresholds, there was not really an appetite to go any higher than the $850,000. One other item of note is that the original models for the school that talked about how to handle the increased debt service of the new elementary school called for us to be making contributions to our stabilization funds, which we have not been doing. So we've talked about it at town meeting, but we have not had, you know, we've had other uses of our free cash that have taken priority. So town meeting should be aware of this because, you know, within the next few years, the model would have said we're going to be able to mitigate the tax increase to that $365 number. That would get more and more challenging if we do not have reserves that we expected the model to have. But that will be a topic more at the May town meeting. However, on the good news side, the town has received increased MSBA funding for the new school of about $5.6 million and tax credits related to the Inflation Reduction Act that we expect will allow the town to pay off some temporary debt, which should result in a reduction of our debt service next year. Next slide, please. So the use of $850,000 will result in a residential tax rate of $11.47 per 1,000 of value, down from $11.49 last year. And it equates to an increase of $203 on the median single-family home. And the commercial tax rate would go to $21.18, which is also down from last year's $21.23. The next slide, I think. No, that's okay. Yeah, so I guess it's also illustrating the difference of $130 on the median single-family home with using the $850,000 versus just letting the levy sit where it is. [Speaker 2] (41:08 - 42:02) Thank you, Mr. Hartman. I have to say, I know it's a lot of numbers, but that was an incredible presentation. I really appreciate the work of the Finance Committee, Mr. Hartman, in presenting it. And I think, on behalf of Town Meeting, I really want to extend a big thank you, not just for this year's thought, this year's presentation, but for all the hard work that flattened out that curve. And I know he's not here tonight, but I hope you'll join me in thanking Town Administrator Sean Fitzgerald, and we wish him a speedy recovery. With that, is there debate or questions on Mr. Hartman's motion? Yes, Mr. Barton. I'm sorry, Mr. Hartman. I'm used to looking for Gary up there. [Speaker 11] (42:05 - 42:09) I don't know if that's a good thing or a bad thing, but I'll take it as a compliment. [Speaker 17] (42:09 - 42:09) Dennis, I'm sorry. [Speaker 11] (42:10 - 43:08) Dennis Pilon, Town Meeting Precinct 4. Again, wonderful presentation. I want to thank all the hard work that went into that. I guess the one question I have, just in general, is that we have a lot of contracts that are going to be coming up within a very short period of time, and I'm just trying to figure out where the thinking is with regards to everyone's going to, you know, a lot of these contracts for our employees, you know, are going to need a substantial amount of funding, and I just wonder whether or not, in anticipating what that's going to look like, we want to give our employees who have done a great job, they deserve, you know, a boost, but everyone's getting it at the same time. So I'm just trying to figure out how to balance that and what the thought process was on that, and I'm just, I guess, encouraging that we, you know, as much as it would be great not to have that, you know, that extra tax, you know, increase with us, you know, a lot of that we may need for the town employees. [Speaker 2] (43:10 - 43:16) Thank you, Mr. Pilon. Ms. Sara, I'm sure you could speak to the use of one-time revenues versus an ongoing expense. [Speaker 9] (43:16 - 44:05) So for tonight's article, we're only discussing using for the FY25 rate where the budget's set, so we would not recommend using free cash for ongoing operating costs. You'll see the discussions around that and the development of it as we do our FY26 budget development, which just began a couple weeks ago. So we are very aware that we have the teachers, the police, the fire, and the library collective bargaining that are all expiring on June 30th, 2025, and you'll see the impact of those in the FY26 budget as well as any individual employment contracts that will also happen. So for this discussion, it's as everything stands right now, but that is something we are very aware of and planning around for FY26. [Speaker 2] (44:06 - 44:12) But I'd also like to point out the fiscal policy of the town is not to use one-time revenues. [Speaker 9] (44:12 - 44:20) Yeah, so that is the recommendation of the Department of Revenue and it's our town policy to not use one-time revenues from free cash to support ongoing operating costs. [Speaker 2] (44:22 - 44:53) Further questions or comments? Seeing none, all those in favor of Mr. Hartman's motion? All those opposed? The motion carries. Returning now to Article I. To approve bills of prior fiscal years. I'm going to go back to 1. Again, yes, we need to understand where the select board is on this. Oh, yeah. [Speaker 7] (44:58 - 45:01) The select board unanimously votes favorable action on this article. [Speaker 2] (45:01 - 45:03) That was unanimous 4-0 or 5-0, do I remember? [Speaker 7] (45:04 - 45:04) 5-0 on that one. [Speaker 2] (45:04 - 45:07) 5-0, great. Mr. Hartman. [Speaker 1] (45:10 - 45:29) The Finance Committee recommends that the town vote to authorize payments of bills from prior fiscal years, totaling $52,650.62 as detailed in the printed warrant, and is funding, therefore, to transfer a set amount from free cash. I move the recommendation of the Finance Committee. Is there a second? Second. [Speaker 2] (45:29 - 45:30) Mr. Hartman. [Speaker 1] (45:32 - 46:21) The purpose of this article is really to deal with some housekeeping things, typically in almost any year. Once the fiscal year is closed, the town may receive invoices or bills that they're required to pay that they did not account for in the previous fiscal year. This year, where it's probably a little bit bigger than we'd like to see, at $52,000, there was one complication around an insurance premium related to when we purchased the Hawthorne. And my understanding is it was a lot of back and forth and incorrect information coming from the insurance company. They actually provided us a refund telling us we had overpaid it, and then as we continued the dialogue, it was determined that that was not correct, so we had to give the refund back. So a little bit of a complication there, but something we just had to pay. [Speaker 2] (46:22 - 46:31) Thank you, Mr. Hartman. Questions or debate on Mr. Hartman's motion paying bills of prior years? Yes, Mr. Norton. [Speaker 16] (46:39 - 46:47) Ken Norton, Precinct 3. Just a quick question. What is Beach Fulfillment? Ms. Sarah. [Speaker 9] (46:50 - 46:59) City Hall Systems is the software that we use who does the beach sticker processing. So when you were previously ordering it online and they mail it to you, that's the cost. [Speaker 2] (47:00 - 47:49) Thank you, Ms. Sarah. Further questions or comments? This vote requires a nine-tenth majority by state law because it applies to previous fiscal years. I'd also point out that if the vote is close to nine-tenths, in my estimation, I may declare it unanimous so that we need not hold a standing or a roll call vote. All those in favor of Mr. Hartman's motion? All those opposed? It is unanimous. Article 2, to amend appropriations for the FY25 operating budget in light of collective bargaining agreements. Reports from the Select Board, please. [Speaker 7] (47:49 - 47:55) The Select Board recommends approval on this, and that was 5-0. [Speaker 2] (47:55 - 47:56) Thank you. Mr. Hartman. [Speaker 1] (48:00 - 48:28) The Finance Committee recommends the town vote to amend various line items in the FY2025 budget to fund the cost items associated, I'm sorry, contained in the provisions of the first year of the collective bargaining agreement between the Town of Swampscott and the AFSCME Council 93, Local 2610, covering the period of July 1, 2024, through June 30, 2027, as shown in the printed warrant. I move the recommendation of the Finance Committee. [Speaker 2] (48:29 - 48:31) Is there a second? Mr. Hartman. [Speaker 1] (48:31 - 48:55) So the town recently negotiated a collective bargaining agreement with the town's administrative professionals union. There are certain costs associated with the FY25 budget that need to be reclassified from the salary reserve line item to other relevant expense line items. There's no additional expense required. It's just a reclassification. And these costs were expected and estimated and carried in salary reserve when we set the budget back in May. [Speaker 2] (48:56 - 49:27) Thank you, Mr. Hartman. Is there a question or debate on Mr. Hartman's motion regarding reapportioning this already appropriate amount from one line item to several other line items? Seeing none, all those in favor? All those opposed? The motion carries. Article 3, a transfer of free cash to support the homeless foster care transportation expenses of the school funding. [Speaker 7] (49:27 - 49:31) Select board votes favorable action 5-0 on this article. [Speaker 2] (49:31 - 49:33) Thank you very much. Mr. Hartman. [Speaker 1] (49:35 - 49:54) The Finance Committee recommends that the town vote to transfer from free cash the sum of $28,810 to the fiscal year 2025 school operating budget, line 58, to be used to offset the cost in the school budget for homeless and foster care transportation. I move the recommendation of the Finance Committee. [Speaker 2] (49:55 - 49:57) Is there a second? Second. Thank you. Mr. Hartman. [Speaker 1] (50:04 - 50:31) This article is basically just moving free cash that the town received related to transportation costs that the school had incurred in the neighborhood of $77,000. There's reimbursements available from the State for this transportation. It doesn't cover the entire cost, but when the monies come from the State, it goes into the town's coffers or town's cash, and this is just a transfer to offset the cost of the school incurred. [Speaker 2] (50:31 - 50:55) Thank you, Mr. Hartman. Any questions or comments on that motion or this article? All those in favor of Mr. Hartman's motion? All those opposed? The motion carries. Come now to Article 4, an appropriation of free cash for the final settlement of eminent domain. What does the select board say? [Speaker 7] (50:55 - 51:03) Select board votes favorable action with this article, and that is 4-0. [Speaker 2] (51:04 - 51:05) 4-0. [Speaker 7] (51:05 - 51:06) We have one absentee. [Speaker 2] (51:07 - 51:08) Thank you. Mr. Hartman. [Speaker 1] (51:11 - 51:45) The Finance Committee recommends that the town vote to transfer $490,698.36 from free cash to pay damages associated with the eminent domain taking of property located at 101 Forest Street, Assessor's Parcel ID 23E0, in full and final settlement of Unitarian Universalist Church of Greater Lynn v. Town, Essex Superior Court, CA No. 2277CV00581. I move the recommendation of the Finance Committee. [Speaker 2] (51:45 - 51:48) Is there a second? Second. Mr. Hartman. [Speaker 1] (51:49 - 52:04) So this article is effectively providing funding for the final settlement in this reference matter. It relates to an easement that the town took for the new school, and with that I'm going to ask Ms. Fletcher to expand. Ms. Fletcher. [Speaker 7] (52:06 - 52:39) Thank you, Mr. Moderator. Basically what this is is when we did take the easement from the Unitarian Church, we paid a pro tanto of $500,000. Following the payment of the pro tanto, the Universalist Church sued the town, and this is the settlement from the suit. The settlement is $450,000 in principle, $9,388.36 in interest, and $30,860 in legal fees. [Speaker 2] (52:45 - 53:10) For a total of $490,698.36. You may have received this lovely lavender handout on the way in, which details those numbers. Comments or discussion on Mr. Hartman's motion? Ms. Ippolito. Mr. Driscoll after that. [Speaker 14] (53:11 - 53:32) Thank you, Mr. Moderator. Angela Ippolito, town meeting member, Precinct 5. So if I'm understanding you correctly, altogether it's $990,000 that it cost us for that easement. Is that right? That's right. And was that budgeted at all when we budgeted the school? [Speaker 7] (53:34 - 54:10) I can't speak on the actual budgeting. What I can speak on is that the original $500,000 was budgeted and taken out of the school building committee. That's the school building committee's budget, and then the $490,000, we originally on the select board were told they did have it, but after a little bit of time it was discovered they didn't have it. What this money is actually how it will flow is we will be getting money back from National Grid. Amy, you want to just give us what the term of that money is? [Speaker 2] (54:10 - 54:11) Ms. Carroll. [Speaker 7] (54:11 - 54:12) Hi. [Speaker 9] (54:12 - 54:29) So we're receiving, we have already received $693,000 of the National Grid's money. We're receiving a total of $1.6 million in National Grid reimbursements from the school. So we're going to use that money to replenish the $490,000 in free cash. So this is essentially just a timing issue. [Speaker 14] (54:30 - 54:49) Thanks. And just a quick follow-up to that. Is there, I'm just curious overall, I mean, when you see something like this, I'm just wondering, is there a true-up of all the expenses so we know exactly what the school finally cost? I haven't seen anything, so just curious. [Speaker 2] (54:49 - 54:53) There will be accounting that does need to take place, but it's not final yet. Okay. [Speaker 14] (54:53 - 54:54) Thank you very much. [Speaker 2] (54:55 - 55:03) Any further? Mr. Driscoll, you would? Okay. Anybody else? Any questions? Yes, Mr. Barden. This time I got it right. [Speaker 18] (55:08 - 55:23) Mark Barden, Precinct 3. I was just wondering about the National Grid reimbursement. What is that for? What caused them to give us back $690,000? [Speaker 9] (55:24 - 55:31) It's the energy efficiency upgrades that are done to the new school. So because those are in place, National Grid is giving incentive reimbursements back. [Speaker 2] (55:33 - 55:54) Thank you, Ms. Harrell. Yes, Mr. Schutzer. Try again. Stand by. [Speaker 5] (56:03 - 56:04) Mr. Precinct? [Speaker 2] (56:04 - 56:05) Oh, yes. [Speaker 5] (56:11 - 56:12) That's why we have professionals. [Speaker 2] (56:14 - 56:25) Big shout-out to Joe Gillette, Ethan Runstatler, and the rest of the tech team here. Hardest working man in show business. [Speaker 5] (56:30 - 56:55) Kenneth Schutzer, Precinct 6. Please proceed. Town meeting member. One very brief question. I know initially, and I can't remember when it was at what town meeting, we were provided an estimate of what we thought the cost of the easement was. For my benefit, and maybe for the benefit of those that are here this evening, do you recall what amount was originally provided to us as town meeting members, what the cost of this taking was going to be? [Speaker 2] (56:56 - 57:10) I believe, and I do not have the record in front of me, that the number originally proposed at $500,000 was a good estimate at the time, obviously with the court case in hand out the window. So I'm not sure. [Speaker 5] (57:11 - 57:15) I was just wondering why we were off, and off by such a large number. [Speaker 2] (57:15 - 57:21) I think you should certainly ask the UU. I do not have that answer. [Speaker 7] (57:21 - 57:21) I can answer that. [Speaker 2] (57:22 - 57:24) Ms. Fletcher. Yes, Ms. Fletcher. Thank you. [Speaker 7] (57:24 - 57:29) Because we had litigation. So we were sued, and this is the settlement that we came to. [Speaker 5] (57:30 - 57:54) But when we voted, we voted on a figure that was floated that we thought we could rely on. And I'm still trying to understand why. I understand litigation. I understand that was a settlement. I understand that obviously we underestimated, grossly underestimated what the cost was going to be. And I'm looking for some explanation as to who originated that number, where it came from, and how we arrived at that. [Speaker 2] (57:55 - 57:57) I'm not sure I have that information for you, sir. [Speaker 5] (57:58 - 58:00) Is there anyone here this evening who does? [Speaker 2] (58:00 - 58:04) Is there anyone in the audience this evening that knows the answer to Mr. Schutzer's question? [Speaker 5] (58:07 - 58:11) Mr. Patsios? Not that I'm the moderator, but for certain reasons he is. [Speaker 2] (58:11 - 58:17) Mr. Patsios, do you have an answer to Mr. Schutzer's question? There's no microphone there. [Speaker 5] (58:20 - 58:21) Always glad to share with you. [Speaker 8] (58:22 - 59:03) It's my belief that the reason that there is a difference is in the description of the taking. The easements were a little more aggressive than were needed. They described locations that further encumbered the property beyond the needs of the school. That was my reading. And that this was a settlement. All in all, when you look at it, it probably was a little more aggressive than us and a little I'll just say it this way. It was the fair outcome. That was my understanding. [Speaker 2] (59:03 - 59:04) Thank you, Mr. Patsios. [Speaker 5] (59:05 - 59:08) My thanks to you again, Mr. Patsios, as well. Thank you to the moderator. [Speaker 2] (59:09 - 59:40) Thank you, Mr. Schutzer. Where do I return? Mr. Dulette will help you just behind you. Thank you. Further debate or question on Mr. Hartman's motion? Seeing none. All those in favor? All those opposed? The motion carries. This brings us to Article VI, the appropriation for capital projects. Ms. Fletcher, where have you gone? [Speaker 7] (59:43 - 59:47) The Select Board recommended favorable action 4-0. [Speaker 2] (59:48 - 59:49) Thank you. Mr. Hartman. [Speaker 1] (59:53 - 1:00:40) The Finance Committee recommends the town vote to appropriate 501-957,000 for the purposes and in the amounts identified in Article VI of the printed warrant as shown under the column heading Project Cost in said Article VI. And to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said amount pursuant to General Law Chapter 44, Paragraph 7 or 8 in any other or any other enabling authority to pay for the cost of said capital projects, including as applicable equipping the capital items to be acquired and all incidental and related costs, each numbered item to be considered a separate appropriation with the budgeted amount to be spent only for the stated purpose. I move the recommendation of the Finance Committee. [Speaker 2] (1:00:41 - 1:00:43) Is there a second? Mr. Hartman. [Speaker 1] (1:00:44 - 1:01:23) This article is to amend the 2025 capital budget for two items. The first relate to lighting upgrades for the room that we're currently in. These upgrades have been discussed previously, but we're now able to take advantage of a nearly $200,000 incentive from National Grid that will reduce the cost of the project to the town by about 44%. The second project relates to issues related to the HVA system in the HVAC system in the Senior Center, and the need is that we need to get the work on that project started in the near future rather than waiting until the appropriation comes for that in May of 2025. [Speaker 2] (1:01:24 - 1:01:29) Thank you, Mr. Hartman. Mr. Hale, has the Capital Improvements Committee met and discussed? [Speaker 19] (1:01:31 - 1:01:44) Hi. Ryan Hale, Precinct 2 Town Meeting Mender and Chair of the Capital Improvement Committee. Yes, we reviewed these requests with the appropriate department heads, and we voted 3-0 in favor of both of these with two members absent from the meeting. [Speaker 2] (1:01:44 - 1:02:41) Thank you, Mr. Hale. I will just say, as the person who consistently mixes up Mr. Pilot and Mr. Barden, any improvement to the lighting in here is deeply welcome. I also would ask, Mr. Hartman, my understanding is that even though we stand to be reimbursed $200,000, we need to appropriate the full amount and then not issue the debt once the actual reimbursal is in. Either conversation or discussion on Mr. Hartman's motion? This is a borrowing article, so the motion requires a two-thirds majority. All those in favor? All those opposed? The motion carries unanimously. Article 7, the acceptance of General Law Chapter 39, Section 23D. Ms. Phelan, how did the Select Board report? [Speaker 13] (1:02:42 - 1:02:45) The Select Board moves to indefinitely postpone this article. [Speaker 2] (1:02:46 - 1:02:53) Okay. I can actually pass over this if we don't have a motion on the floor. I just needed to know your vote was what to what? [Speaker 13] (1:02:53 - 1:02:59) We did not take a vote on this article. We voted to indefinitely postpone it. [Speaker 2] (1:03:00 - 1:03:01) And what was that vote? [Speaker 13] (1:03:01 - 1:03:02) Order of zero. [Speaker 2] (1:03:02 - 1:03:34) Thank you. So the town has previously already accepted General Law's Chapter 39, Section 23D, so there is no need for this article in the warrant. And hearing no motion, we can simply move over it. Do I hear any motion or do I hear silence? There has been no action taken under Article 7. Article 8, special legislation with alternate members of the Conservation Commission. Ms. Phelan, again, what did the Select Board recommend? [Speaker 13] (1:03:34 - 1:03:36) 5-0 to support the article. [Speaker 2] (1:03:36 - 1:03:37) And please. [Speaker 13] (1:03:37 - 1:04:00) The Select Board recommends that the town vote to approve Article 8 as shown in the printed warrant, provided, however, that the general court may make clerical or editorial changes of form only to the bill unless the Select Board approves amendments to the bill before enactment by the general court, which are within the scope of the general public objectives of the petition, and to authorize the Select Board to approve such amendments. I'd like to invite Tony. [Speaker 2] (1:04:01 - 1:04:04) Just to state your motion at the bottom of that is. [Speaker 13] (1:04:04 - 1:04:05) Oh, I move the recommendation of the Select Board. [Speaker 2] (1:04:05 - 1:04:08) Is there a second? Second. Ms. Phelan. [Speaker 13] (1:04:09 - 1:04:12) So I'd like to invite Tony, Chair of the Conservation Commission, to speak on the article. [Speaker 2] (1:04:13 - 1:04:14) Ms. Bandrewitz. [Speaker 13] (1:04:14 - 1:04:14) Thank you. [Speaker 4] (1:04:16 - 1:06:59) Thank you. Tony Bandrewitz, Precinct 4 Town Meeting Member and Chair of the Conservation Commission. Article 8 is a ministerial change that will enhance the ability of the Conservation Commission to carry out its work in a timely fashion. The Conservation Commission has a regulatory duty to administer the State Wetlands Protection Act, in particular, issuing permits for projects that occur near protected resources, such as wetlands, coastal banks, and beaches and floodplains. In administering this state act, the commission has very tight deadlines for holding public hearings and making decisions on the issuance of permits. It is, therefore, important that there be a quorum of voting members when the commission meets. The Conservation Commission Act allows communities to set the number of voting members at no more than seven members. The Swampscott Commission currently has seven members that vote, all volunteers, by the way, voting members, and we have one associate non-voting member. However, due to absences, at times the commission has had difficulty ensuring that there is a quorum for voting. Under the Conservation Commission Act, there is no provision for alternate members to sit in and vote when regular members cannot be present. Giving alternate members the right to vote is possible only through charter provision or a special act of the legislature. It's a difficult process, but Article 8 will authorize the select board to petition the general court for special legislation to provide that the board may appoint two alternate members and that the chair of the commission may designate an alternate member to sit on the commission and vote in a particular case where the regular voting member is absent, unable to act, or has a conflict of interest, or in the event that there is a vacancy in the commission that hasn't yet been filled. Several Massachusetts communities have successfully established voting alternates. Most recently, Linfield in 2023 has authorized them. So, again, it's just a ministerial change that will enhance our ability to work in a timely fashion. Thank you. [Speaker 2] (1:06:59 - 1:07:07) Thank you, Ms. Bandewitz. Comments or questions on Ms. Phelan's motion? Mr. Patzios, then Mr. Norton. [Speaker 8] (1:07:15 - 1:07:41) Charlie Patzios, Precinct 5. As town meeting members, if we miss three consecutive meetings, we can be removed as town meeting members. We barely have a quorum tonight, so I guess I can make my point a little more profound in saying that if you have seven members and you're having trouble meeting a quorum, creating alternate members isn't addressing the problem, it's treating the symptom. How committed are your members? [Speaker 4] (1:07:41 - 1:08:10) Well, it's not necessarily that we have members that consistently don't come to the meeting. It's just that sometimes a member is not absent, or there's, you know, conflicts of interest that occur, or there may be a vacancy that hasn't yet been filled. This gives us the opportunity to be able to efficiently operate in the commission in issuing permits and making decisions, which is a benefit to the community. [Speaker 8] (1:08:11 - 1:08:48) I don't question anything that you just say. It's just that having seven members and not having the ability to get in front of the town meeting tonight to change the rules because I don't have the ability to vote in a timely manner. I don't know if that means a constructive approval because you can't respond in a time period. I don't know enough about the Conservation Commission to speak intelligently in that aspect. But I'm just concerned that you really need to have members that are committed to being there. That's just maybe an emotional response right now, but I think it's a valid one. [Speaker 2] (1:08:49 - 1:09:12) I appreciate it, Mr. Patseos. I do note that our Zoning Board of Appeals has alternate members for just such a reason, and I don't question the commitment or the professionalism of our Zoning Board of Appeals members. Mr. Norton, did you have a comment? And anybody else after that? Mr. Spritz, after that. [Speaker 16] (1:09:12 - 1:09:42) Ken Norton, Precinct 3. I'll make it brief, touching on what Mr. Patseos said. With the two alternate members, do they have to be there for every meeting? And if one person, God forbid, whatever reason, has to leave the Board, would one of the alternate members fulfill that vacancy until such standing that the commission, whatever seat they're filling in, would expire, and then a new person would come in as an alternate? [Speaker 4] (1:09:42 - 1:10:19) Well, the chair would determine whether or not an alternate would need to sit in a particular matter at a meeting because there's a filing before them, and it may be if there is a vacancy that hasn't been filled, hopefully we can get the select board to fill it quickly, but if not, then the chair can at least have, will have an alternate there that can step in and take that place. It's just a safeguard, basically. [Speaker 2] (1:10:19 - 1:10:23) That would remain the purview of the select board to fill an actual vacancy? [Speaker 4] (1:10:24 - 1:10:27) Yes. The select board fills the actual vacancies. [Speaker 2] (1:10:27 - 1:10:31) Whether they do so with one of the alternates or somebody else entirely is. [Speaker 16] (1:10:31 - 1:10:34) Okay. Thank you. [Speaker 2] (1:10:34 - 1:10:41) Thank you, Mr. Norton. Thank you, Mr. Spritz. And then anybody else before I add Mr. Schutzer again to the list? Mr. Spritz. [Speaker 15] (1:10:41 - 1:11:19) Hi. Wayne Spritz, town meeting member, Precinct 3. I don't like this for a particular reason, and that is it kind of goes beyond the democratic principles of the selection process that gives the select board a very assigned power. I would be more in favor, if there were such an amendment, which I'm not prepared to provide, that the select board provides two alternates to vote that are approved by the select board, such that if they are needed, that you can bring them in as chair. [Speaker 4] (1:11:19 - 1:11:31) The select board, the commission doesn't pick the alternates. The select board does. It has to be approved by the select board. If that's what I believe, if you read the Warren article. [Speaker 15] (1:11:31 - 1:11:34) I misread it. I apologize. I thought it was a result. [Speaker 2] (1:11:34 - 1:11:34) That's all right. [Speaker 4] (1:11:35 - 1:11:46) No, but the chair in a particular case, if someone is absent or if there's a conflict of interest, will look to one of the already appointed alternates. [Speaker 2] (1:11:47 - 1:12:02) They would ask a duly appointed alternate, the language in the article and supported by the motions, the select board may appoint up to two alternate members. Pre-approved. Understood. Thank you for the clarification. Thank you. Mr. Schutzer, anybody else? [Speaker 5] (1:12:08 - 1:12:26) Once again, oh, it's working. Thank you. Ken Schutzer, Precinct 6. Really, just two questions. The first is, what is the quorum if you have currently seven members in order for the Conservation Commission to vote on a notice of intent? What is the quorum? [Speaker 4] (1:12:26 - 1:12:26) Four. [Speaker 5] (1:12:27 - 1:12:37) Okay. So you need a minimum of four people in order to have a vote. In order to vote, you need a minimum of four. [Speaker 2] (1:12:38 - 1:12:39) That's correct. [Speaker 5] (1:12:39 - 1:13:10) Okay. My second question is this, and I find this on other boards that have alternates. It was always my understanding that the regular members would be sitting and hearing the petition, whether it be conservation or otherwise. Is that the position of the Conservation Commission, that the regular members would always be assigned to sit on this, and would that assignment be made prior to the beginning of the application process? [Speaker 2] (1:13:10 - 1:13:26) I think if I understand Mr. Schutzer's question, you may need to clarify, because I was getting lost in there a little bit. The chair would indicate when one of a duly appointed alternate would need to sit. Is that the question, or did you have something else in mind? [Speaker 5] (1:13:26 - 1:13:41) No. Let me reframe the question. If you have your regular members, and they're present, and you also have alternates, would the alternates only be used in the event of the inability of one of the regular members to sit? [Speaker 4] (1:13:43 - 1:13:55) Yes. If I understand your question, yes. If someone cannot sit for whatever reason, then an alternate would be assigned. [Speaker 2] (1:13:55 - 1:13:59) I believe that's inherent in the name alternate, but is there a scenario you're imagining? [Speaker 5] (1:13:59 - 1:14:39) It is, but it's not always followed that way. I'm not here to criticize any process. I just wanted clarification for my own benefit when I'm before a board to know who the members will be, and when those members will be identified as sitting and ultimately voting on a petition. When you have, say, with a planning board, you have five members, and those are the five members. You don't have alternates, so you know who will be voting on that particular petition. In this case, when you have more, you want to know in advance who will be voting. [Speaker 2] (1:14:39 - 1:14:46) As an attorney who appears before the Zoning Board of Appeals, I'm sure you're familiar with their process, and I believe this is modeled on that. [Speaker 5] (1:14:48 - 1:14:55) Well, I'm not going to respond to that, because I'm not exactly sure what the answer would be in every case, because I don't always see the consistency. [Speaker 2] (1:14:55 - 1:14:58) I doubt that we will get to the answer in every case with this board. [Speaker 5] (1:14:58 - 1:15:08) No, but I'm not here to debate. I'm here to question, and that's my sole purpose, and I've received a response from the Chair, and I value that, and thank you. [Speaker 2] (1:15:09 - 1:15:11) Thank you, Mr. Schutzer. Ms. Martin Epstein. [Speaker 10] (1:15:15 - 1:16:29) Kim Martin Epstein, Precinct 3. Also, as the Chairperson of another committee that is populated by volunteers only, so in other words, people apply or express interest, the select board selects the Affordable Housing Trust members. Our charter initially had us with alternates, so we were fortunate to not have to come back and ask for this. It's just by dumb luck that that's the case. But procedurally, when we have meetings, everybody comes if they can. We hope so. When you have volunteers, it's very, very difficult. And if for some reason someone can't come and we happen to be voting on something that night, we have our alternate so we can get business done. But we don't have to tell the public who's going to be at the meeting. The people are at the meeting. Everybody is expected to come, including the alternates, and if for some reason we fall short on a vote, we've got a way of moving the business forward. All the names are on the website. It doesn't, you can't necessarily, nobody has more power than the other, except the Chair, and that's the way that the committee does the business. I understand that this is exactly what the Conservation Commission is seeking, just a way to keep their business moving forward. [Speaker 2] (1:16:30 - 1:17:03) Thank you, Ms. Martin-Epstein. That's helpful. Any further questions on Ms. Phelan's motion? All those in favor? All those opposed? The motion carries. Coming now at last to Article 9, amending our general bylaws regarding the uses of land. Mr. Thompson, and I will, in lieu of asking Ms. Fletcher up here again, do you know the quantum of vote by the Select Board on this article? [Speaker 17] (1:17:04 - 1:17:05) Four to zero. [Speaker 2] (1:17:05 - 1:17:07) And what was the recommendation? [Speaker 17] (1:17:07 - 1:17:36) The recommendation, I'm pleased to report, is that we indefinitely postpone this article. Is there a second to that motion? Second. Mr. Thompson? It appears at this moment in time that this article is not needed. It is possible that we might bring back this article in a similar form at annual town meeting, but at this time we have other means to achieve the objective. [Speaker 2] (1:17:40 - 1:18:12) Thank you, Mr. Thompson. All those in favor of indefinite postponement? All those opposed? The motion to indefinitely postpone carries. Before we depart, I'm asked to remind you that the master plan survey is open for another month at MAPC.MA, survey-swanscott2035. Please take some time and fill it out. Thank you. I'll take a motion to dissolve the special town meeting. Is there a second? All those in favor? Thank you very much.