Board of Selectmen |
April 12, 2010 |
Regular Meeting |
Selectmen’s Hearing Room, Town Hall |
Present: |
Robert P. MacKendrick, Chairman |
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Arthur J. Bourque III, Selectman |
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Al Merritt, Selectman |
Chairman MacKendrick called the meeting to order at 7:03 p.m.
Public hearing, seasonal malt beverage and wine license, King Rail Reserve Golf Course
Chairman MacKendrick declared the public hearing on the application of the Town of Lynnfield, d/b/a King Rail Reserve Golf Course, 427 Walnut Street.
Town Administrator William Gustus explained that only beer would be served at King Rail, just as it is at Reedy Meadow. The licensed area would be the approximately 150-square-foot pro shop. Donald Lyons will serve as manager, and he has been TIPS program certified.
Chairman MacKendrick invited questions or comments from the public and heard none. He declared the public hearing closed.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to grant a seasonal malt beverage and wine license to the Town of Lynnfield d/b/a King Rail Reserve Golf Course.
Reading Municipal Light Dept. Agreement
Vinnie Cameron, general manager of the Reading Municipal Light Department, and Arthur Carakatsane, Lynnfield representative to the RMLD’s Citizens Advisory Board, to discuss extension of the Town’s 20-year agreement with RMLD.
Mr. Carakatsane said that the 20-year agreement requires a 10-year notice of termination.
Mr. Cameron said that the first agreement was drafted in 1990 between the four member towns and RMLD, which obtains long-term power supply agreements from its suppliers and would have to reduce these orders should a member municipality seek to leave the RMLD. The agreement was renewed in 2000. Reading and North Reading have already approved the 2010 extension, and Lynnfield voters will be asked to give the authority to the Board of Selectmen to approve it at annual town meeting on April 26.
Mr. Cameron explained that the RMLD’s annual payment to the Town is based on two percent of the net value of the plant, with a ratio based on the Town’s kilowatt hour usage. The payment to Lynnfield is usually about $50,000. The Citizens Advisory Board makes recommendations on the budget, power supply and financial issues, and its input is valued by Mr. Cameron and the RMLD commissioners. Mr. Carakatsane serves as chairman.
Selectman Merritt thanked Mr. Carakatsane for his service and asked him for his opinion. Mr. Carakatsane said that prior to events that transpired in 2000 and 2001, the Citizens Advisory Board was not listened to. That has changed under Mr. Cameron’s leadership. He said that he would recommend approval of the contract.
Selectman Bourque said that the RMLD has been responsive to outages in Lynnfield and has expended funds on infrastructure improvements.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to recommend Article 16 of the annual town meeting warrant.
Renewal of King Rail licensing agreement
Mr. Gustus presented a drafted licensing agreement between the Town and National Development for the King Rail golf course operation. The agreement renews the previous one-year agreement with a minor language change. He said if construction begins on the Meadow Walk development this season, it will not affect golf operations, as it will begin near the Boston Sports Club building. The license fee is $10.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board approved and signed the licensing agreement.
Annual town meeting warrant article recommendations
The Board took up the 18-article annual town meeting warrant and voted with little discussion to recommend approval of each warrant article (see attached exhibit). Motions to approve the articles were voted as follows:
Article 1: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 2: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 3: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 4: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 5: Motion by Selectman Bourque, seconded by Selectman Merritt.
Article 6: Motion by Selectman Bourque, seconded by Selectman Merritt.
Article 7: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 8: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 9: Motion by Selectman Bourque, seconded by Selectman Merritt.
Article 10: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 11: Motion by Selectman Bourque, seconded by Selectman Merritt.
Article 12: Motion by Selectman Bourque, seconded by Selectman Merritt.
Article 13: Motion by Selectman Bourque, seconded by Selectman Merritt.
Article 14: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 15: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 16: (see above discussion)
Article 17: Motion by Selectman Merritt, seconded by Selectman Bourque.
Article 18: Motion by Selectman Merritt, seconded by Selectman Bourque.
Selectman Merritt asked if the moderator will allow all the articles on the warrant. Mr. Gustus said that while the moderator had some questions about whether the articles on the warrants should be on a fall meeting warrant instead, he has agreed to allow all of them to come before the voters at this meeting. Mr. Gustus said that efforts would be made to address financial matters in the spring town meeting and bylaw and zoning matters in the fall town meeting, unless there are unforeseen circumstances or a compelling need to do otherwise. He said the moderator has agreed there is a compelling reason for Article 4 on the special town meeting warrant to come before the meeting.
Selectman Bourque discussed Article 18, asking if it conflicted with a current noise by-law that prohibits certain activities before 8 a.m. Mr. Gustus said that that restriction only applies to certain commercial and construction activities, and is only enforced through permits. He said police will respond to noise complaints and ask people to quiet down, but there is no by-law in place for enforcing multiple violations.
Special town meeting articles
Mr. Gustus reviewed the four articles on the special town meeting warrant.
On Article 1, involving transfers in the current fiscal year budget (see attached), Mr. Gustus said that most of the transfers were necessitated by shortfalls in line items. The Town Counsel line was cut in recent years and is now unsustainable at that level. The Town’s legal costs are still $50,000 or less, which is very small for a $40 million corporation. An $80,000 transfer for bus rental is due to a program under which existing Town-employed bus drivers are being phased out through attrition, through the bargaining process. This will save on benefits paid to employees. A transfer of an employee from school custodian to a manager is reflected in the transfers, and the $146,962 in additional snow and ice costs will be covered from transfers from other line items.
The additional funds for veterans’ benefits reflect the enhancement of Memorial Day and Veterans Day by the new directors. A reduction to the unemployment line item last fall was overly optimistic. Additional septic administration expense is to cover septic loan agreement costs from the proceeds paid into the fund.
Mr. Gustus said the Town should finish Fiscal Year 2010 within its existing appropriation of funds. Revised receipt estimates at the end of the third quarter were below budget due to lagging excise tax, license and permit revenues. To ensure the Town does not end the fiscal year in a cash deficit, the Town must supplement revenues and free up funds. To that end, the proposed motion for Article 1 also de-obligates $56,000 in prior capital appropriations where the projects are completed and the full amount of funding was not used.
Article 2 is a $75,000 appropriation from the Emergency Medical Services Enterprise fund. On Article 3, the Town would appropriate additional funds from the Golf Course Enterprise Fund, which should receive over $900,000 in receipts this year. The proposal is to appropriate $200,000 in prior years’ receipts to pay the Town’s costs for health insurance expenses, indirect costs associated with the operation and a payment in lieu of taxes for use of the Town land. This should cover the revenue deficit.
Article 4 is the establishment of a municipal district under the zoning bylaws, putting a portion of the Lynnfield Center Water District wellfields and Camp Curtis Guild in the new district, and allowing communications towers as a permitted use in that district.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to recommend passage of all four special town meeting warrant articles.
Use of Rotary Park for a Fishing Tournament and Instruction
Evelyn Noto of the Pillings Pond Association appeared before the Board with her organization’s request to use Rotary Perk at Pillings Pond for a fishing tournament on May 9 from 8 a.m. to 1 p.m. Ms. Noto thanked the Board for its interest in the pond and told the Board that local resident Gene Ellison, known as The Fishing Machine, will be conducting a seminar on Mothers Day for all Lynnfield children age 14 years and under and their parents. Instructors from Massachusetts Wildlife will be on hand and 100 beginner fishing rods will be distributed. The Association is requesting the use of Rotary Park and relief from the parking ban on Summer Street on the Pillings Pond side of the street for the day. Teresa Yulling will allow the use of her lot for event parking as well.
Members of the Board expressed their support for the event.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board approved the use of Rotary Park on May 9 from 8 a.m. to 1p.m. for the Pillings Pond Association Fishing Tournament, lifted for the day of May 9 the “no parking” restriction on the westbound side of Summer Street and voted to make the event a Town-sponsored event.
Discussion of flooding and drainage issues
Public Works Director Dennis Roy gave an overview to the Town’s recent flooding and drainage issues. The Town received 18 inches of rain in March.
Mr. Roy said that the issue at the Route 128 overpass on Summer Street had been corrected but has reappeared, with the cause some wood debris under Route 128 on Moulton Drive. The area will be excavated when the water subsides. A contractor has come in three times since the storms to clear debris and sediment in stormwater basins.
Several roadways had flooding or drainage issues, including Rourke Lane, Mansfield Road, Cidermill Road, Chestnut Street, Tophet Road and Yorkshire Drive. This was a 100-year storm event, which the Town cannot prepare for enough to avoid issues.
On Yorkshire Drive, the pipe is too low and the addition of an overflow pipe on top of it might help. An easement from the resident on whose property the current pipe exists would be needed, as well as Conservation Commission approval. On Rourke Lane, the drains do not connect to any system. Additional drains to Lowell Street may be needed. Town Engineer Charles Richter and Mr. Roy are working on the issue. On Priscilla Road, dry basins lead nowhere. Pumps were used during the second day of the storm to lower water levels on Rourke, Priscilla and Yorkshire, and at the Route 128 underpass. There was also flooding in Lynnfield Center on Main Street.
The Senior Center building had four inches of water in the basement; the generator is six inches off the floor. Four pumps were used. The foundation is 15 feet below ground level, and water seeps in through the floor. A contractor that worked on the library water issues will be brought in to look at the situation. The library also had some water in the basement and there were a few minor leaks at the schools.
At Pillings Pond, the boards at the dam were pulled sooner than during the 2006 flooding, which dropped the water level considerably. No major flooding happened due to this action.
Chairman MacKendrick asked if the generator at the Senior Center could be placed on a platform. Mr. Roy said that the furnace and transformers are on a cement pad, and that a new pumping system that was installed is not working as well as it should.
Selectman Bourque commended Mr., Roy and the Department of Public Works for their efforts, and said the Board was updated regularly on these efforts. He asked for long-term plans to relieve flooding on Yorkshire Drive, Priscilla Road, Grey Lane and Rourke Lane. He said an appropriation may be necessary. Works done by Essex Mosquito Control does not seem to have had the desired effect here.
Mr. Roy said he and Mr. Richter will be reviewing all the problem areas. He said a pump station to Lowell Street may be required, and estimated it would cost $100,000 or more. Connecting a drainage pipe to Lowell Street would be less costly. Recent work by He said that the Town has allowed many residents to tie in to the drainage system, which may exacerbate drainage issues overall while reliving the residents’ specific issues.
Selectman Bourque asked how the pipe on Yorkshire Drive would work with just gravity. Mr. Roy explained the logistical issues and the lack of slope. He said that some of these issues will require significant expenditures, and the Town will have to decide whether it wants to spend the money. Selectman Bourque said it would be ultimately up to the voters. He said the current conditions create health and safety issues. Mr. Roy said there are occasions when homeowners are not agreeable to solutions that would require some work on their property. On Mansfield Road, a solution may be putting a pipe through to Liberty Lane.
Selectman Merritt raised an issue on drainage brought forward by residents of Meadow Lane. He said Mr. Roy and Mr. Richter visited the home and addressed plans to provide relief to the neighbors, and thanked them for these efforts.
Chairman MacKendrick thanked Mr. Roy and the department. He said during torrential rains, there are times no drainage system can keep up with the water. He said progress is being made.
Mr. Roy thanked the Fire Department for providing assistance with its pumps. Mr. Gustus said the Fire Department assists scores of homeowners with flooding issues. Homeowners whose flood-related losses are not covered by their homeowners’ insurance may apply to the Federal Emergency Management Agency for relief. Information is available on the Town’s website.
Chairman MacKendrick reminded residents that as a result of the flooding, federal and state tax filings will not be due until May 11. Mr. Gustus added that the local real estate tax bill deadline is unchanged.
Culvert agreement on Beaverdam Brook
The Board was presented with a proposed licensing agreement regarding the removal of a culvert at Beaverdam Brook. Selectman Bourque noted that the culvert would be opened up to create an open channel. The culvert is easily blocked and beaver dams create problems there as well. This agreement should give relief to residents in the area of Wirthmore Lane. Chairman MacKendrick said that the beavers that gave name to the brook a century ago have now apparently returned.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the license agreement, and the Board members signed the document.
Regular business
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve a common victualer license for King Rail Reserve Golf Course, Walnut Street.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to appoint Donald Lyons as Manager of King Rail Reserve Golf Course, Walnut Street.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the use of the Common for a Destination Imagination team fundraising event on May 2.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve use of the Common and plans for the Lynnfield Athletic Association Road Race on July 4, 2010.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve two one-day liquor licenses for the Knights of Columbus, Post Office Square, for June 6, 2010 and July 26, 2010.
Recess
At 8:15 p.m., on the motion of Selectman Bourque, seconded by Selectman Merritt, the Board went into recess pending the results of the annual town election.
At 8:50 p.m., Chairman MacKendrick called the Board back into session and Town Clerk Amy Summers read the results of the annual town election.
Chairman MacKendrick thanked his colleagues for their service over the past year, the voters for their support, and department heads and Town employees for their hard work and said he looks forward to working with them all over the next three years. He said that Lynnfield has a bright future ahead of it.
Selectman Bourque said the Board and Town have been well served by Chairman MacKendrick’s leadership and thanked him for serving, and said he looked forward to serving with him for the next two years.
Selectman Merritt said that Chairman MacKendrick had given the Board fine leadership and communicates well with people on the issues facing the Town.
Reformation of Board
On the motion of Selectman Bourque, seconded by Chairman MacKendrick, the Board elected Selectman Merritt as Chairman for the 2010-2011 year.
On the motion of Selectman MacKendrick, seconded by Chairman Merritt, the Board elected Selectman Bourque as Vice-Chairman for the 2010-2011 year.
On the motion of Selectman Bourque, seconded by Chairman Merritt, the Board elected Selectman MacKendrick as Clerk for the 2010-2011 year.
Chairman Merritt said that the Board will have plenty to talk about in the next few weeks. He said it has been a joy working with his colleagues for the last two years and that he looks forward to continuing to work with them. He thanked Mr. Gustus for his work and guidance, and said the Town has worked its way through a couple of difficult years.
On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to adjourn at 9:03 p.m
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