MANCHESTER-BY-THE-SEA

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1 MANCHESTER-BY-THE-SEA BOARD OF SELECTMEN TOWN HALL Manchester-by-the-Sea, Massachusetts Telephone (978) FAX (978) MINUTES OF THE BOARD OF SELECTMEN March 27, :30 p.m. Town Hall, Room 5 MEMBERS PRESENT: Chairman Boling, Mr. Kehoe, Ms. Driscoll, Mr. Steinert and Ms. Beckmann MEMBERS ABSENT: STAFF PRESENT: Mr. Federspiel, Town Administrator, Mr. Wilson, Town Moderator and Ms. Hunter, Secretary GUESTS: Adele Ervin PRESS: At 6:30 p.m., Chairman Boling called the meeting to order. Chairman Boling indicated Ms. Hunter was recording the meeting. 1. Consent Agenda BOS Minutes 1/8/18, 2/5/18 and 2/20/18 Manchester bath & Tennis Club Seasonal Liquor License Renewal & Approve Updated Board of Directors Singing Beach Club Liquor License Re-Confirm Previous Approval for Change of Manager and Updated Board of Directors Approval of Special Event Permits for: Hit the Street & Family Fit Festival (May 19, 2018) Cape Ann Chamber of Commerce 208 Festival-by-the-Sea (August 4, 2018) Request from Hope Watt-Bucci, President of North Shore Pride for Official Rainbow Flag Raising on June 1, 2018 Ratify Hiring of New DPW Director Mr. Kehoe moved to approve the Consent Agenda (Hit the Street and Request to fly the Rainbow Flag were held out.) Ms. Beckmann seconded the motion. The motion passed unanimously. Ms. Watt-Bucci, President and Founder of North Shore Pride requested the BOS join other communities on the North Shore including: Beverly, Danvers, Salem, Gloucester and Peabody, and fly the Rainbow Flag during June, Pride Month. Ms. Watt-Bucci presented the Board with a flag and asked for the flag to fly in front of Town Hall. She proposed a flag raising event for June 1, 2018 and suggested the flag be flown for one week. Mr. Kehoe indicated a flag raising ceremony would need to be coordinated with the Police Department and the rigging of the halyard and size of flag confirmed with the Police Department. Board of Selectmen minutes Page 1

2 Mr. Kehoe moved to approve the flying of the Rainbow Flag for one week commencing on June 1, 2018, Ms. Beckmann seconded the motion. The motion passed unanimously. Hit the Street a family fundraising event for the Elementary School had initially requested a beer tent as part of their event. Mr. Kehoe expressed concern about serving beer at a fundraising event in the park for an Elementary School. The Hit the Street Committee withdrew the request. Ms. Driscoll suggested the Hit the Street Committee request the Police Department allow parking on Beach Street according to the provision of Special Event Parking. Mr. Kehoe moved to approve Hit the Street event to be held on May 19, 2018 with authorization for parking, Ms. Beckmann seconded the motion. The motion passed unanimously. 2. Correspondence Letter form Principal Assessor Thompson Giving Notice of Payment in Lieu of Taxes for Manchester Housing at Twelve Summer Street Letter form Principal Assessor Thompson Giving Notice of Payment in Lieu of Taxes for Manchester Housing, Inc. Letter from Denise Mason, Mgr. of Government and Regulatory Affairs at Xfinity Regarding Enclosed Information in Accordance with MA Cable Regulations Mr. Federspiel indicated the letter from Ms. Mason was a very large collection of policies and procedures covering Government Regulatory Affairs related to Xfinity. The letter and documents are on file in the Town Administrators office for review. There was no additional comment on correspondence. 3. Annual Town Meeting Review of Town Meeting Articles Article 6: Central Street Dam, Chairman Boling will speak to the Article, Ms. Beckmann will move the article, Ms. Driscoll will second. Article 8: CPC Funding for Tuck s Point Rotunda repair. Mr. Federspiel will inform residents of repairs needed, if there are questions Chairman Boling will step in. Mr. Kelly will move the article, Ms. Thorne will second. Article 9: Regionalizing Services Ms. Beckmann will speak to the Article and will move the article. Mr. Steinert with second. Articles 10, 11 and 12: Mr. Federspiel will speak to these articles. Chairman Boing stated these articles are the mechanics of Town operations and the Town Administrator to present and discuss. Articles 10 and 11 address salaries for Water and Sewer Personnel and Article 12 in funding for repairing storm damage. Article 13: Funding OPEB Ms. Beckmann will move, Mr. Kehoe will second. Board of Selectmen minutes Page 2

3 Article 14: Access and Cable Related Fund Mr. Steinert will move, Ms. Beckman will second. Mr. Federspiel will speak to the article. Article 15: Revolving Fund for Parks and Recreation Ms. Driscoll will move, Ms. Beckmann will second. Article 16: Unspoiled wetland scenery Mr. Kehoe will move the article, Ms. Beckmann will second. Mr. Steinert will speak to the article. Board discussion on Article 16: Mr. Kehoe stated he was less concerned with the article following Mr. Gang s presentation to the BOS. Mr. Kehoe mentioned examples presented by Mr. Gang and noted completely unspoiled is not the only reason for objecting to a proposed project. Chairman Boling stated he was willing to support, however, anticipated criticism. Mr. Steinert had hoped for a designation of specific vistas which are in the Town s interest. He mentioned Eagle Head which is on private property and the view down the harbor which is iconic. He stated he thought the article was well intended but could prove problematic for the Town. Unspoiled is too abstract and the Town could end up with liability and legal fees. Mr. Kehoe further stated he understood Mr. Steinert s position and pointed out the Conservation Commission was using the same language as other seaside communities and the language has not resulted in litigation. Mr. Kehoe moved to recommend Article 16, Ms. Driscoll seconded the motion. The motion failed to pass 2 in favor, 3 opposed. Mr. Steinert stated the Article may not be in the interest of the Town drifts into the area of state regulations vs. Town management; it is too vague. Chairman Boling pointed out the Conservation Commission will say the MBTA tower issue could have been stopped if unspoiled wetland scenery was part of their guidelines. Chairman Boling moved to not recommend Article 16, Ms. Beckman seconded the motion. The motion passes 3 in favor and 2 opposed. Mr. Steinert will speak to the Article and Chairman Boling will contact Mr. Gang regarding the Board s decision. Articles 17, 18 and 19: The 3 marijuana articles: Article 17 citizen s petition to ban sales of recreational marijuana, Article 18 amend general By-laws and Article 19 amend Town s zoning By-law and limit sale of recreational marijuana to the limited commercial district. Mr. Wilson is developing a hand-out for Town Meeting which will clearly explain the 3 Articles. Mr. Kehoe will outline what has happened in the Town since the vote in Board of Selectmen minutes Page 3

4 November 2016 which supported approving recreational marijuana sales state wide. According to Mr. Kehoe the Town voted 1,813 to 1,771 in favor of state sale of recreational marijuana. Mr. Federspiel reported that Chief Conley feels that marijuana will be prevalent in Town and the Police Department will see more impaired drivers in Town. The Chief does not believe there will be a significant difference with marijuana impaired drivers if marijuana is sold in Town or acquired out-of-town. According to Mr. Kehoe there is one officer on the force who is a trained DRE (Drug Recognition Expert) all police officers will be receiving this training in the upcoming year. Mr. Kehoe also stated the Chief believes it will be 2-3 years before there is a reliable test to determine marijuana impairment. The Board thought it important to be aware of what communities around MBTS are deciding about recreational marijuana sales. It is believed Beverly and Gloucester have approved the sale of recreational marijuana this will be confirmed along with Cape Ann and other North Shore communities including: Essex, Hamilton, Wenham, Ipswich and Rockport. Chairman Boling stated his position on the ban of marijuana sales in the community. He clearly stated he believes the Town gives up control by banning the sale of marijuana. He further stated a ban does not advance safety when the sale of marijuana is legal in the state. Additionally, he pointed out there is an opportunity to use the new law to expand the community s commercial base. It is important, according to Chairman Boling, that the sale of marijuana be under the Town s watchful eye. Mr. Kehoe interjected, he felt the Town was taking control by banning sales. Chairman Boling concluded he believed he does not see a win for the Town banning is not dealing with the new law and it is better for the community to watch over the sale of recreational marijuana. Mr. Kehoe stated banning recreational marijuana sales speaks to the fabric of the Town. Ms. Beckman said it is the job of the Board to take a position on the new law, by presenting information and providing guidance. In the end it is up to the voters to decide. Mr. Kehoe moved to recommend Article 17 to the voters, Ms. Beckman seconded the motion. The motion passed 4 1. Ms. Beckmann moved to recommend Article 18 to the voters, Ms. Driscoll seconded the motion. The motion passed 4 1. Chairman Boling moved to recommend Article 18 to the voters, Mr. Kehoe seconded the motion. The motion passed 5 0. Article 17 will be moved by Ms. Centner and seconded by Ms. Iovanni. Article 18 will be moved by Mr. Kehoe and seconded by Ms. Driscoll. Board of Selectmen minutes Page 4

5 Article 19 will be moved by Chairman Boling and seconded by Mr. Kehoe. Ms. Iovanni spoke to the marijuana articles. She indicated if Articles 17 and 18 failed at Town Meeting she anticipated changes to Article 19 in two areas: 1) 300 feet from houses should be changed to 500 feet like schools and playgrounds, 2) limit cultivation to allow for new housing. She further stated Article 19 was not a slam dunk. Ms. Iovanni indicated that in a recent article she read, the Feds were focusing efforts on impaired driving as a primary objective to keep families and communities safe. Ms. Iovanni stated that Chairman Boling was not concerned about the safety and health of the community as it related to this issue. Chairman Boling indicted Ms. Iovanni was misrepresenting his statements. His decisions were based on information that is different from Ms. Iovanni and it is his responsibility to set the policy according to the wishes of the voters. His opinion was different, and he represents the wishes of these residents. Chairman Boling strongly stated he has repeated voted to improve safety in the community citing his votes on reducing the speed limit to 25 mph and 20 mph with the downtown area. Ms. Iovanni concluded by stating bringing marijuana in will result in people driving impaired and change the fabric of the community. Article 20: Flowers for Freedom the BOS had decided to pass over this Article and recommended a fund be set up to support the project. The Finance Committee voted to approve funding the project with the addition of $1,000 to the Memorial Day Fund. Chairman Boling will support the previous decision of the BOS. Article 21: Stabilization Fund, Mr. Kehoe will move the Article, Ms. Driscoll will second. Article 22: Chairman Boling will move Article 22, Mr. Creighton will second and speak to the Article. 4. Town Administrators Report 5. The meeting was running late; the Town Administrator s report was accepted as presented. Mr. Federspiel added, he was down to 2 finalists for his Executive Administrator Assistant position and would be making an offer this week. 6. Other Matters, as may not have been reasonably anticipated by the Chair (discussion only). Motion to adjourn was made by Mr. Kehoe and seconded by Ms. Beckmann. The motion passed unanimously. Meeting Documents: Annual Town Meeting Warrant Board of Selectmen minutes Page 5

6 Submitted by: Gail Hunter Approved: May 7, 2018 Board of Selectmen minutes Page 6

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