Capt. Orne and the HMS Guerriere

BY MARK HURWITZ

On Aug. 19, 1812, the crew of the USS Constitution saw a vessel in the distance. It was the HMS Guerriere. The Guerriere had been stopping American merchant vessels at sea and impressing their sailors.

The USS Constitution was the larger of the two vessels, boasting a larger crew, a thicker hull and six more guns. Even if the commander of Guerriere, Capt. James Dacres, knew he was outgunned and outmanned, he was still eager for a fight, telling others on board that if he became the first British captain to capture an American vessel, he would “be made for life!”

Considering it unjust to compel Americans to fire on their own countrymen, Dacres granted the 10 impressed American sailors aboard the Guerriere permission to stay below deck during the sea battle.

One of these Americans was Marblehead resident Capt. William Orne. Orne was in command of the brig Betsey when it was captured by the HMS Guerriere.

Constitution vs. HMS

Guerriere

It was during this sea battle that the USS Constitution got its nickname, “Old Ironsides.”

To the amazement of Dacres and his crew, the 18-pound iron cannonballs launched from the Guerriere bounced off the USS Constitution’s 24-inch, triple-layered hull, which was made of white oak and live oak sheathed in copper forged by Paul Revere.

A British sailor aboard the Guerriere supposedly yelled out during the sea battle, “Huzzah! Her sides are made of iron!”

Thus, the Constitution was christened “Old Ironsides.”

After several minutes of intense bombardment, the mizzenmast fell over the starboard side of the Guerriere and impaired its ability to maneuver.

Within minutes, Guerriere’s bowsprit became entangled with Constitution’s mizzen rigging, and the two interlocked ships rotated clockwise. As both ships prepared boarding parties, sharpshooters in the mast tops rained down musket fire on each other.

Dacres was wounded during the battle, and on the deck of Constitution, Lt. William Bush was shot. He later became the first U.S. Marine Corps officer

TOWN OF MARBLEHEAD BOARD OF APPEALS

The Board of Appeals will hold a public hearing on Tuesday February 28, 2023 at 8:30 PM on the request of Janet and Adam Sogoloff to vary the application of the present Zoning By-law by allowing a Special Permit to construct an addition to an existing single-family dwelling on a preexisting non-conforming property with less than the required lot area, lot width, near and side yard setback, open and parking located at 10 Orne Street in the Central Residence District. The new construction will be in the side yard setback, further reduce open area and exceed the 10% expansion limits for a nonconforming building. This hearing is held in accordance with the provisions of the Marblehead Zoning Bylaw and Chapter 40A of the General Laws as amended and Pursuant to Governor Baker ’s Order allowing suspension of Certain Provisions of the Open Meeting Law G.L. c. 30.A, §18, this public hearing of the Board is being conducted via remote participation. The public can attend this meeting via the remote participation platform through the following ways: Join Zoom Meeting https:// us06web.zoorn.us/j/87878347282?pwd=enlwRXd3V2xmdHE3cy92Sk1TU1BTUT09. Dial in + 1 646 558 8656 Meeting ID: 878 7834 7282 Passcode: 404568 Those only dialing in will not have access to the visual presentation at the meeting, but can follow along with the project materials available for download at https://www.marblehead.org under the zoning board of appeals page and the date of meeting. Members of the public attending this meeting virtually will be allowed to make comments if they wish to do so, during the portion of the hearing designated for public comment. Interested persons may also submit comment in writing electronically and send to lyonsl@marblehead.org and the comments, will be included in the record. Alan Lipkind, Secretary

anti-Semitism?

Will we ever treat people of color the same as the white plurality? How are we to confront the proliferation of military-style weapons in the community? How do we protect women’s rights? How do we stop making the divisions within this country larger? The solution to a complex set of problems facing our society must include responsible dialogue.

In my book, I propose that through love and curiosity we can once again restore normalcy to our society. It is my belief that love and curiosity are programmed into our genes. Society could not have advanced without these factors being prevalent.

Love is the single factor that keeps us together; love of a mother for a child, love of one adult for another, love of community and the love of God.

Albert Einstein said, “We are in awe of the mysteries of the universe.” Without curiosity, we would remain stagnant. We must attempt to listen to one another if our country is to prevail. If we are to restore order, we must hear each other’s pain and commit ourselves to solving problems together, and once again treat each other with respect.

Evan Longin is a Marblehead resident and author of “The Roots of Evil: A Postmodern Exploration of the Unintended Consequences of Civilization.” the ships tore free of each other. Fifteen minutes after Guerriere’s mizzenmast fell, its foremast snapped and carried the mainmast with it. to die in combat. During the battle,

The HMS Guerriere was now a crippled vessel full of splintered wood and dying men.

Realizing the hopelessness of the situation, the captain of the HMS Guerriere surrendered to the crew of the USS Constitution.

After discovering several feet of water in the hold of the Guerriere, the crew of the Constitution realized it could not be salvaged as a prize. That afternoon, the crew of the Constitution set the ship on fire, and it disappeared beneath the waves.

TO WN OF MA RB LEHE AD BOA RD OF APP EAL S

The Board of Appeals will hold a public hearing on as amended and Pursuant to Governor Baker ’s Order allowing suspension of Certain Provisions of the Open Meeting Law, G.L. c. 30A, § 18, this public hearing of the Board is being conducted via remote participation. The public can attend this meeting via the remote participation platform through the following ways: Join Zoom Meeting ht tps:// us 06 we b.z oom .us /j/ 87 87 83 472 82 ?p wd =e nlwRXd3V2xmdHE3cy92SklTU1BTUT09 Dial in + 1 646 558 8656 Meeting ID: 878 7834 7282 Passcode: 404568 Those only dialing in will not have access to the visual presentation at the meeting, but can follow along with the project materials available for download at https://www marblehead.org under the zoning board of appeals page and the date of meeting. Members of the public attending this meeting virtually will be allowed to make comments if they wish to do so, during the portion of the hearing designated for public comment. Interested persons may also submit comment in writing electronically and send to lyonsl@marblehead.org and the comments, will be included in the record. Alan Lipkind Secretary

“free cash.”

Free cash is a revenue source that results from the calculation, as of July 1, of a community’s remaining unrestricted funds from its operations of the previous fiscal year based on the balance sheet as of June 30, a fact sheet from the Department of Revenue’s Division of Local Services explains. It typically includes actual receipts of revenue that has exceeded estimates, along with unspent amounts in departmental budget line items for the year just ending, plus unexpended free cash from the previous year.

The DLS notes that free cash is offset by property tax receivables and certain deficits and, as a result, can be a negative number.

Free cash is not available for use until after a municipality’s accountant, auditor or comptroller submits a prior-year balance sheet to DLS and the director of accounts certifies the free cash, which protects communities from relying on free cash that might not materialize due to inaccurate local estimates.

“Free cash [in Marblehead] has been an upward trend for five, six, seven years,” Kezer said. “At some point in the near future, we will have a significant decrease in free cash flow.”

The town estimates free cash to come in at $8.5 million, a $1.6 million decrease over the $10.6 million used to balance the fiscal year 2023 budget.

Overall, the town anticipates capturing an estimated $105.2 million in revenue to fund services in fiscal year 2024, which is an increase of $1.3 million from fiscal year 2023.

According to Kezer, the town can reliably project the following source of revenue:

$82 million from property taxes and new growth, the upper limit of what is allowed under Proposition 2 1/2, absent an override

» $5.5 million in local receipts

$8.5 million in free cash

» $8.2 million in state aid

“Usually, the governor’s number [for state aid] is the first indication for municipalities as to whether it’s going in an upward or downward trend,” Kezer said. “My view is optimistic, given the commonwealth is flush with cash.”

He said he expects Gov. Maura Healey will release her state number in early March.

Regarding spending, Kezer said it is harder to project expenditures. He assembled three different budgets, premised on hypothetical increases of 3 percent, 4.5 percent and 6 percent in expenditures.

In each case, given projected revenues, a deficit would result:

» $1.3 million, if expenses increase by 3 percent $3.1 million, at a 4.5 percent increase

» $4.4 million, at a 6 percent increase

Breaking down the projections using the 4.5 percent middle ground, Kezer projected that $94.2 million would be needed to fund the combined budgets of the schools and the rest of town government and $10.7 million to service the town’s debts.

Kezer noted that there day was coming. are still some unknowns, including how much the cost of insurance for town employees will increase, obligations of the town under its collective bargaining agreements, how much the town will receive in state aid and have to pay to dispose of recycling.

Under their collective bargaining agreements, town employees are due 2-percent raises in the upcoming fiscal year.

The agreements with the police, fire and municipal employee unions are set to expire on June 30, 2024.

In the 2022 municipal election, the Marblehead Public Schools attempted to raise $3 million via a general override to address their portion of the structural deficit, plus fund a number of the district’s other needs. But the proposal failed to gain the support of town voters.

The projections Kezer offered incorporate the combined structural deficit of the town and school sides of government, but nothing beyond that.

Select Board member Alexa Singer expressed frustration that the town does not have a better grip on the impending deficit. She argued the town has known for a while that this

“We keep talking about a balanced budget and what that means,” she said. “But we’ve known there was this shortfall coming.”

Kezer said another public meeting would be planned to discuss the budget, including the need for a general override.

However, former Select Board member Bret Murray noted, “Today is Feb. 1, and Town Meeting is May 1.”

He added, “We knew we were going to hit that free cash wall for years. Time is not on our side.”

Kezer and Select Board member Moses Grader pointed to the turnover in the leadership of Marblehead Finance Department, which had left critical positions open for months. The town is in a much better position today, they noted.

Marblehead’s incoming finance director, Aleesa Nunley-Benjamin, was on hand for the State of the Town, sitting in the front row. The Select Board hired Rachel Blaisdell as treasurer and tax collector in early December.

Kezer said Marblehead has received accolades for its financial reporting and retained its AAA bond rating, even with a likely deficit in the near future.

BY BOB KATZEN

THE HOUSE AND SENATE: Beacon Hill

Roll Call records local representatives’ votes on roll calls from the week of Jan. 30-Feb. 3, 2023. There were no roll calls in the Senate last week.

House Adopts Rules For 20232024 Session

House 153-0, approved a package of rules under which the House will operate during the new 2023-2024 session. A key section would eliminate a COVID-19-era policy that allowed representatives to debate, offer amendments and vote remotely from their Statehouse offices or home. Another change would institute a new hybrid committee hearing structure that will allow for both in-person and remote participation from legislators and the public. Before the pandemic, hearings were conducted only in person while after the pandemic they were held remotely.

“We’re gonna keep a segmented remote voting on the committee hearings, which allows greater participation from our constituents and the members,” said House Speaker Ron Mariano (D-Quincy). “But we will not have an in-session remote component any longer.” He noted that it is time to revive the in-person session in which members are in the chamber to debate, vote and have face-toface contact with their colleagues.

A key and controversial amendment proposed by Rep. Erika Uyterhoeven (D-Somerville) was rejected on a voice vote without debate and without a roll call vote. Her amendment would require that committees make public how each legislator on a House committee voted on bills including whether or not to recommend a favorable report, adverse report or send the bill to a study committee. This would replace an existing rule that requires the committee to only post the names of legislators who voted against the bill and list the aggregate vote tally without names of members voting in the affirmative or not voting.

Beacon Hill Roll Call asked Uyterhoeven why she didn’t speak on the floor in favor of her amendment and why she didn’t ask for a roll call vote on it.

“I believe [the] amendment … is an improvement that would make the legislative process more accessible, and I will continue to fight for changes like this to increase public accessibility and engagement of the legislative process,” Uyterhoeven responded via email. “Unfortunately, today we didn’t have enough support on the proposed changes.”

(A “Yes” vote is for the rules package.)

Rep. Jennifer Armini Yes

ALLOW ONE HOUR TO READ CONSOLIDATED BUDGET AMENDMENTS (H 2023)

House 23-130, rejected a Republican proposal that would increase from 30 minutes to one hour the period given to legislators to read any proposed consolidated amendment to the House budget prior to debate and a vote on it.

The consolidated amendment system works as follows: Individual representatives file dozens of amendments on the same general subject matters including local aid, social services and public safety. They are then invited to “subject meetings” in Room 348 where they pitch their amendments to Democratic leaders who then draft lengthy, consolidated amendments that include some of the individual representatives’ amendments while excluding others. The House then considers and votes on each consolidated amendment.

“This proposed rule change was filed to provide members with more time to read through what are often very lengthy and sometimes complicated amendments,” said sponsor GOP House Minority Leader Rep. Brad Jones (R-North Reading). “Allowing for additional time to review consolidated amendments would help members gain a better understanding of what is actually included in the amendment so they can make a more informed decision when casting their vote.”

Opponents of the onehour rule said the current 30-minute rule has worked well and argued that adding additional time will simply drag out what are already long, often late-at-night budget sessions. They also noted that technology has made it easy for each member to discern whether their individual amendment is included in the consolidated amendment.

(A “Yes” vote is for allowing one hour. A “No” vote is against allowing it.)

Rep. Jennifer Armini No

ADOPT LOCAL AID RESOLUTIONS BY MARCH 31 (H 2025)

House 23-130, rejected a GOP proposal that would require the House and

Public meetings

The following public meetings were posted to marblehead.org as of press time. All public meetings are subject to change, so check the town’s website before heading out the door.

Thursday, Feb. 9

» Noon, Finance Committee Liaisons

Joint with Marblehead School Committee - Budget Subcommittee

Noon, Marblehead School Committee

» Noon, Marblehead School Committee

- Budget Subcommittee Joint with Town

Senate to annually adopt by March 31 resolutions stating the minimum amount of local aid the state will give each city and town for that fiscal year.

“Due to the timing of the state budget process, cities and towns must often craft their own municipal budgets without knowing how much local aid they will be receiving,” said sponsor Rep. Brad Jones. “By establishing a minimum baseline for local aid each year before the state budget is finalized, we can give municipal leaders a solid starting point on which to base their budgets.”

Opponents of the new rule said the Legislature should inform cities and towns as soon as possible but should not have its hands tied by some arbitrary date. They noted that things often change in a matter of days and argued that the Legislature does not know in March what the state’s financial situation will be when a budget is finally approved in May or June.

(A “Yes” vote is for the March deadline. A “No” vote is against it.)

Rep. Jennifer Armini No

HOUSE VOTES TO SEAT DEMOCRAT KRISTIN KASSNER IN 2ND ESSEX DISTRICT

House 129-22, voted to seat Democrat Kristin Kassner as the state representative from the 2nd Essex District, which covers the North Shore towns of Georgetown, Hamilton, Ipswich, Newbury and Rowley, and one precincts in Topsfield. In a contested recount, she beat incumbent Republican Rep. Lenny Mirra by a single vote.

The Democratic-led special committee looking at the matter chose not to review any of the ballots Mirra contested, and its two Democrat members argued that Mirra ceded his ability to subject individual votes to scrutiny by waiting until after the Governor’s Council certified the recount results to file his lawsuit.

(A “Yes” vote is for seating Krassner. A “No” vote is against seating her.)

Rep. Jennifer Armini Yes

ALSO UP ON BEACON HILL

More freshly filed bills that have been proposed for consideration in the 2023-2024 session include:

MARIJUANA AND FIRST RESPONDERS (SD 2230) – Would require the Cannabis Control Commission and the Executive Office of Public

Finance Committee Liaisons

7 p.m., Conservation Commission

7:30 p.m., Task Force Against Discrimination Meeting

The State of the Town presentation

Read the State of the Town presentation offered by Town Administrator Thatcher Kezer on Feb. 1 at bit.ly/3x1sxLD

Got volunteerism?

The following is a list of appointed town boards, commissions and committees with vacancies. Anyone interested in

Safety and Security to study and report to the Legislature on the barriers that first responders face about their legal right to use cannabis.

“As we move away from cannabis prohibition, we should ensure we do not hold on to pre-existing, bias-driven bans,” said sponsor Sen. Julian Cyr (D-Truro). “I filed [the bill] to investigate the existing barriers to first responders’ legal right to use cannabis … The bill would also explore the effectiveness of cannabis in treating anxiety, depression, stress, PTSD and other traumas.”

AIR CONDITIONER USE (SD 2214) – Would prevent a landlord from restricting a tenant’s right to install or use a portable air conditioner so long as the unit is properly installed and does not violate building codes or state or federal law; violate the device manufacturer’s written safety guideline; damage the premises; and does not require amperage to power the device that cannot be accommodated by the power service to the building. The bill also directs the Department of Housing and Community Development to analyze whether the state could apply for federal funding to provide cooling assistance for low-income households vulnerable to heat-related illness.

“Climate change is altering seasonal temperatures to a point where last summer we experienced one of the worst heat waves in recent memory,” said sponsor Sen. Mark Montigny (D-New Bedford). “At that time, too many residents struggling to keep up with basic cost-of-living expenses lacked access to proper cooling services, thereby threatening the wellbeing of senior citizens, residents with chronic health conditions, and many others. This bill would diminish barriers currently preventing access to cooling services and hopefully reduce preventable heat-related illnesses.”

MUSLIM COMMISSION (S 2376) – Would create an 11-member permanent Commission on the Status of People who Practice Islam to serve as a resource on issues affecting American Muslim communities in the Bay State.

The duties of the commission include informing the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting American Muslims; fostering unity among the American Muslim community and organizations by promoting cooperation and sharing of information and encouraging collaboration and joint activities; identifying and recommending qualified American Muslims for appointive positions at all levels of government; and assessing programs and practices in all state agencies as they affect American Muslims.

“Massachusetts is home to many Muslim Americans, and it is long overdue that we look at our inclusion practices and take a step further,” said Senate sponsor Sen. Jamie Eldridge (D-Marlborough).

“This bill promotes the civil rights and inclusion of American Muslims in the commonwealth, and I am confident that the commission will do an excellent job researching and identifying existing issues, and seeking new opportunities as they safeguard the civil rights of American Muslims.”

FREE COLLEGE EDUCATION (SD 1946)

– Would guarantee free public higher education as a right for all students who have attended a high school in Massachusetts for three or more years and graduated from a Bay State high school.

The measure creates a grant program to cover tuition and mandatory fees for Massachusetts residents attending a state public university. For students who meet certain low-income eligibility, the legislation gives additional aid in grants to cover the additional costs of attending the school including room and board, books and supplies, transportation and personal expenses.

“This bill matters because state funding for public higher education in Massachusetts has been cut drastically in the past 20 years resulting in significant tuition and fee increases and one of the fastest-growing student debt burdens in the nation,” said sponsor Sen. Jamie Eldridge (D-Marlborough).

QUOTABLE QUOTES

“With nuclear power, we have the technology to provide an abundant source of power to our homes in a cheap, clean and efficient manner. Our politicians have failed us by enacting policies that lead to nuclear power plant closures without any plans for replacement.”

—Paul Craney, spokesman for the Massachusetts Fiscal Alliance.

“Ollie’s Law is crucial animal protection serving on one should submit a letter of interest and a resume to the Select Board, Abbot Hall, 188 Washington St., or email wileyk@marblehead.org. Call the Select Board’s Office at 781-631-0000 for more information.

» One-year term, Housing Trust Fund

» One three-year term, Design Review Board

One-year term, MBTA Advisory Board

» Five, three-year terms, Marblehead Cultural Council

» One-year term, Marblehead Forever legislation that our commonwealth urgently needs. We care for and love our animals like we do any other family member. The fact that there are no regulations or oversight for an industry that we place so much trust in should be a concern for every citizen.”

—Rep. Brian Ashe (D-Longmeadow) on his legislation creating regulations designed to protect pets in the entire dog daycare and kennel industry.

The bill is named in memory of Ollie, a 7-month-old labradoodle puppy who was mauled by a group of dogs at a daycare facility in East Longmeadow and passed away in November 2020 from those injuries.

“The data really tells a story about the direct and downstream impacts COVID has had on students. The ongoing trauma of living through a pandemic has led to more students missing school. The financial insecurity many families have faced in the last few years has contributed to increasing student mobility. Those are just a few examples of how this unprecedented time has led to unforeseen challenges. But we are also seeing schools adapting to the changing needs of students with thoughtfulness and innovation. And, with COVID relief money to spend, many districts are at a pivotal moment for change.”

—Chad d’Entremont, executive director of the Rennie Center which released its annual status report on public education, analyzing trends among students, educators and schools nearly three years after the start of the pandemic.

HOW LONG WAS LAST WEEK’S SESSION?

During the week of Jan. 30-Feb. 3, the House met for a total of six hours and 55 minutes while the Senate met for a total of 34 minutes.

Monday, Jan. 30 House, 11:03 a.m. to 11:14 a.m. Senate, 11:07 a.m. to 11:21 a.m.

Tuesday, Jan. 31 House, 11 a.m. to 12:29 p.m. No Senate session

Wednesday, Feb. 1 House, 11:02 a.m. to 4:14 p.m. No Senate session

Thursday, Feb. 2 House, 11 a.m. to 11:03 a.m. Senate, 11:09 a.m. to 11:29 a.m.

Friday, Feb. 3 No House session No Senate session

Bob Katzen welcomes feedback at bob@ beaconhillrollcall.com.

Committee One-year term, Task Force Against Discrimination

Animal shelter accepting volunteers work as “consulting support and professional development for Superintendent John Buckey and the Marblehead Public Schools in strategic communication with families, staff and the community.”

Volunteers are always needed to help feed and care for abandoned animals housed at the Marblehead Animal Shelter, 44 Village St.

The nonprofit Friends of Marblehead Abandoned Animals was formed for this purpose. To volunteer, call 781-631-8664.

Prior to engaging Horan’s services, Buckey had similarly paid Marblehead resident Kate Thomson $2,000 a month for two-plus months of “marketing services” under the terms of a contract dated Aug. 12, 2020.

Thomson was also given a one-time payment of $10,000 for work that predated that contract, which entailed building and maintaining a standalone website focused on reopening the schools and launching the district’s Twitter feed; and drafting surveys, email and slide decks for School Committee meetings, among other duties.

Thomson, a member of the Current’s board of directors, was paid a total of $15,225.80, records show.

At the Dec. 15 School Committee meeting, Fox noted that a debate over whether to include a full-time communications director in the district’s FY22 budget had resulted in a decision that such a position was a lower priority than more “student focused” needs.

Fox added she was also worried about “transparency.”

“I thought that if we didn’t bring it up, this would come back to bite us later,” Fox said.

But two of Fox’s colleagues, Sarah Gold and Meagan Taylor, said that Buckey had been forthright with them about Horan’s hiring during their regular check-ins with him.

Taylor added “this feels operational to me,” meaning a matter that would be under the superintendent’s purview, rather than the board.

Gold agreed.

“I think we are wading into dangerous territory if we are going to start micromanaging,” she said.

Gold added, “As we well know, just because something gets pulled off a list to be funded, that doesn’t mean that the need goes away.”

She noted that a full-time director would have cost the district “multiples” of the payments to Horan, particularly when the cost of insurance and benefits is factored in.

Resistance to spending money for this purpose is by no means unique to Marblehead, the Current has found. But by making something less than a firm commitment to giving its superintendent communications support, Marblehead seems to be part of a shrinking category of districts across the state.

What the superintendents say

Thomas A. Scott, executive director of the Massachusetts Association of School Superintendents, said that while the association lacks hard data on the subject, “there is an unquestionable increase in budgeting for communications expertise in school budgets.”

That is usually taking the form of hiring consultants, he added.

“We are seeing this as incremental each year as superintendents see the effective use of the position and sharing those benefits with colleagues,” Scott said.

He added that MASS has also seen a rise in the number of district communications staff attending some of its events.

“This is something every school district in Massachusetts is starting to reevaluate,” agreed Michael Welch, the recently retired superintendent in Dedham, who is leaving behind for his successor, Marblehead Assistant Superintendent Nan Murphy, a staff communications director.

Between the decline of traditional media and the rise of social media, “the landscape has changed dramatically” over the last 20 years, Welch said.

Facebook and community websites have given a platform to what Welch calls “nonauthoritative sources.” He somewhat wistfully notes the demise of the days when a parent would just pick up the phone to get the definitive answer to a question.