Board of Selectmen |
June 1, 2009 |
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 7:01 p.m.
Pillings Pond rules and regulations and management plan discussion
Janice Solomon of the Pillings Pond Study Committee appeared before the selectmen on Monday night to offer her committee’s recommendations on rules and regulations for the pond. She offered a printed report to the Board (see attached exhibit).
Solomon said the recommendations were informed by a town-wide survey sent out with tax bills in late 2007, with over 850 responses recorded. She reviewed the results of that survey with the selectmen in April of 2008.
The first recommendation brought forward by Ms. Solomon was the posting of a maximum speed limit of 35 miles per hour for motorized craft. She noted that the pond is less than 100 acres, and that the state law allow3s up to 45 miles per hour. She said the change would allow for greater safety for both motorized and non-motorized craft. The committee recommended a one-year trial period, at which point the speed limit could be revisited. Selectman Bourque said 45 miles an hour sounded high for the small pond.
Ms. Solomon said that the 35 miles per hour speed limit was picked randomly as an adjustment down from the state limit.
Bill Cole of Bourque Road he doesn't think there has been a major problem with speed on the pond. He felt the state limit is appropriate, and said when waterskiing, “you probably want to be over 35 miles an hour. Mr. Cole said nearby Sluice Pond and Flax Pond in Lynn have no speed restrictions beyond the state limit.
James Mamos of Crescent Avenue said that when the state Environmental Police visited the pond last year, they issued no citations; they did spot a couple of jet skiers going crazy, he said. He said speeding is not a big problem at the pond.
Chairman MacKendrick, who lives on Island Road on a property abutting the pond, said that 35 miles an hour isn’t particularly fast for a jet ski, and said it would be impractical to have different speed limits for different types of craft.
A motion by Chairman MacKendrick to adopt a speed limit of 35 miles an hour failed for the lack of a second.
Ms. Solomon said that the committee is also recommending adding another rooftop-style boat launch at the end of one of the “wood” roads (roadways leading to the pond with “wood” as a suffix). The town has a boat ramp conducive to trailers at the end of Highland Avenue and a rooftop launch (one that can be used for canoes, kayaks, or other craft that can be carried on a car roof) at Rotary Park on Summer Street. Ms. Solomon said any new launch area should come with a picnic table or bench, and with signs restricting parking to one side of the road and those asking users not to block driveways.
Some residents opposed the new launch site proposal as well. Ron Fuccillo of Lockwood Road said the idea was ridiculous, saying his road was very residential with no room for turning, as are other “wood” roads. Ms. Solomon noted that adding public access points at the pond rated as a high priority for many responding to the town survey. Selectman Bourque agreed that people have complained about the lack of access to the pond and the lack of parking.
The Board asked Town Administrator William Gustus and Town Engineer Charles Richter to look at new potential boat launch areas and report back on the matter.
Police and Fire Chief Paul Romano said that parking has been a problem at the Highland Avenue boat launch, with boat trailers being parked on both sides of the roadway, which would make it difficult for a fire engine to access the neighborhood. He suggested limiting parking to one side and restricting parking near the corner of the roadway.
One resident reported that he put up a fence on his property to keep people from parking boat trailers in his yard. He says he has often found people fishing in his backyard. Most are very polite, he reported. Mr. Richter and Chief Romano were asked by the Board to look at this issue and come up with a parking plan and signage recommendation.
The committee's report also recommended posting signs with the rules and regulations, emergency phone numbers and information about invasive plants and species. The invasive about invasive plants would remind boaters to remove any weeds and debris that could transport a plant species to the pond before putting a craft in the pond.
The committee also recommended enforcing boast safety through the placement of buoys or markers at the pond. One recommendation is adding a headway speed marker at the end of the Highland Avenue boat ramp; another is adding markers around the shallow area near 42 Island Road, which includes a blind spot, rocks, and a sand bar-like rise.
Mr. Mamos predicted that once a few markers are posted, they would soon proliferate due to residents’ requests. You could get 50 or 60 markers, he said. Mr. Mamos said those living on the pond and those using it frequently know well the hazards and low spots. He said markers and signs would detract from the beauty of the pond. Richard Dalton of Crescent Avenue said residents would be tempted to post markers near their shorelines to keep boats away from their property. Chairman MacKendrick said he agreed he would not like to see markers all over the place, but said some may be necessary. He also noted that any official markers would have to be approved by the board.
The Board agreed to have Town Administrator William Gustus get samples of markers and signs from the state Department of Natural Resources so they could consider the proposal.
Crescent Avenue resident Julia Hallenborg asked that trash receptacles be placed near the boat launch. Mr. Gustus agreed to have the Department of Public Works drop off a trash receptacle.
Residents around the pond continue to ask for chemical treatment of algae and weeds at the pond. The Conservation Commission has been reluctant to continue with the chemical treatments, fearing they will cause damage to the pond’s ecosystem.
Mr. Mamos said that Pillings Pond could become as weed-infested as Crystal Lake in West Peabody without treatment. He said that with the failure of the Solarbee to address algae problems, the pond has only been treated chemically twice in the past two years, where eight applications would have been done under traditional treatment plans. Right now the pond is deteriorating, Mr. Mamos said. He said the town should also address the issues of storm drains around the pond and runoff from Bates Brook.
Mr. Gustus said that the matter was discussed at last week’s Conservation Commission meeting, and that the commission is reluctant to use chemicals until a comprehensive pond management plan is in place. He said the blue-green algae on the pond create methane gas, leading to a sewer-like smell. Mr. Gustus said he believes that in the short term, some chemical treatment of weeds and algae is needed while the town works toward drafting a management plan that would limit their use over time by attacking root causes of the weed and algae problems with “green” techniques to keep the pond healthy.
The Board agreed to Mr. Gustus’ proposal to hire a specialist to work with the Conservation Commission and Pillings Pond Study Committee on the issue. Funds for that purpose are available in the budget, he said. He estimated the cost at about $10,000.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to direct Mr. Gustus to hire a consultant for this purpose, at a cost not to exceed $10,000.
Chairman MacKendrick agreed with this approach, and said much of the problem began with the failure of the Lynnfield High School septic system in the 1970s and the leaching of nutrients into the pond. He said that while many around the pond have stopped using fertilizer due to increased knowledge about the role it plays in development of weeds and algae, runoff from fertilizer and dog feces continues to be an issue. He expressed hope that the Conservation Commission will agree to chemical treatments until a long-range plan can be adopted.
Evelyn Noto of Wymon Way said that much more than $10,000 would be needed to address the problems at the pond. A comprehensive study is going to cost us hundreds of thousands of dollars, she said. She recounted much of the history of the pond over the past decades, including the dredging project that was halted due to a lack of federal permits. People on the north end of the pond and in the coves are sitting on arsenic, which is a carcinogen, she said. Ms. Noto, who chairs the Pillings Pond Management Subcommittee, complained her committee was not informed about meetings relevant to the pond.
Discussion of replacement of Police and Fire Chief
The Board took up the issue of whether the Chief of Police position should be removed from Civil Service. Police and Fire Chief Paul Romano will retire on July 31 after three decades of service in that dual role. At the outset of the discussion, Chairman of the Board of Selectmen
Chairman MacKendrick read a statement thanking Chief Romano for his years of service to the town (see attached exhibit). He also spelled out the conditions of the agreement between the town and the chief, which will settle the chief’s Massachusetts Commission Against Discrimination complaint against the town for age discrimination by providing back pay and other compensation and payment for accumulated sick time and vacation leave that would have been due to him upon his retirement. The statement said that the settlement is in no way an admission of liability and has been made solely to avoid the costs and expenses of all pending and future claims in this matter. The town will pay $33,171 toward this settlement and the town’s insurer will pay the chief an undisclosed sum to close out pending
litigation.
All three selectmen agreed that it is likely the town will replace Chief Romano with two separate chiefs rather than retaining the joint chief position. In the past 30 years the town and the departments have grown to the point where it makes sense that we have separate fire and police chiefs, said Chairman MacKendrick. He, along with Selectman Bourque,
said that Mr. Romano was already the police chief and had lengthy service on the fire department when he was made fire chief in 1979, and that no such unique individual with long experience with both departments exists today.
Mr. Gustus recommended that the board hire consultants to assist with the search process. He said that hiring processes for top-level municipal positions are often very complex, going beyond simple paper-and-pencil tests and an interview. He ssaid more complex tests seek to determine how an individual will perform as a leader, what management skills the individual has and how efficient he or she will be with split-second decisions.
Selectman Bourque, a retired state police officer, said he talked with several people in the law enforcement community about the search for a consultant. The name that kept coming up with Steve Unsworth He said, noting that he had worked with Mr. Unsworth when Mr. Unsworth was the Waltham police chief. All the feedback was very good, he said.
Selectman Bourque said that a proposal Mr. Unsworth put together to assist in assessing the town’s needs is “exactly what needs to be done,” and would include interviewing the existing command staff and finding short- and long-term solutions. Selectman Merritt said this review is a unique opportunity for the town, and added that it is really important for the town to see this is an open process.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to retain BadgeQuest to assist with the selection of interim and permanent police chief.
Selectman Merritt said the command staff in place now would be interviewed for the interim chief positions in both departments, with the assistance of Mr. Unsworth. Barring a recommendation to the contrary by Mr. Unsworth, said Selectman Bourque, interim chiefs will be appointed from within the departments.
Selectman Bourque also said the board will be considering removing the police chief post from Civil Service (the fire chief post is not a Civil Service position). He said that many towns have taken this route, and that Civil Service’s process is restrictive, not allowing communities to consider the individual responses on assessments but only a final grade.
The Town could end up with someone who does very well on a paper test but doesn’t have the leadership qualities necessary to run a department, he said. Less than one-quarter of the communities in Massachusetts have Civil Service police chiefs.
Selectman Bourque said that the selectmen would first hear from Mr. Unsworth on the matter before proceeding.
While removal of the chief position from Civil Service would provide the town more latitude in considering applicants outside of current department members, Selectman Bourque offered assurances that there are those serving in the current departments who will be given as much if not more consideration as any applicant from outside the department. It’s just an attempt to get the best person, he said.
Chairman MacKendrick said that he agreed that there are those serving in the tow departments who are qualified to serve and would be good choices. He said the board expects to appoint interim chiefs for both departments by the end of June or early July, and the selection of permanent chiefs to be completed in about a year.
Mr. Gustus said he would need more time to find a suitable consultant for the interim and permanent fire chief search. He said he expects he will have a recommendation for the board by its June 22 meeting.
Discussion of Health Agent availability
Mr. Gustus said that some residents and members of the Board have expressed concern about the availability of the Health Agent during regular Town Hall working hours. Members of the Board said that all part-time Town inspectors should keep reguilar office hours during customary Town Hall hours. The Board directed Mr. Gustus to write a letter to the Board of Health expressing these concerns.
Budget and Local Aid discussion
Mr. Gustus provided the Board with an update on the current discussion on beacon Hill regarding local aid. He recommended that the Board call for a special town meeting to address the Fiscal Year budget that was passed in May so that the Town can cope with likely reductions in aid from the Commonwealth.
Mr. Gustus noted that the Senate version of the budget would provide a significantly lower amount of state aid to Lynnfield than the House budget and the governor’s budget would. While the House and governor’s budgets are only $20,000 apart on state aid to Lynnfield, the Senate version would provide $348,000 less in state aid than the amount included in the model used by the town for the budget passed last month at town meeting.
A House-Senate conference committee is working to reconcile those budgets this week, and a recommended budget from that committee would be voted on by both houses and sent to Governor Deval Patrick for approval.
Mr. Gustus said that if the House version of the budget prevails, the Town’s current budget would likely need no adjustment, as town meeting voted to cut $16,000 from the operating budget originally approved by the selectmen and the Finance Committee (town meeting cut the executive assistant to the town administrator and Board of Selectmen’s salary by $10,000 and the Board of Assessors volunteered to take a $2,000 annual pay cut for each of the three members).
According to Mr. Gustus, who spoke to the town’s legislative delegation, the most likely scenario is that the conference committee will recommend a compromise somewhere between the House and Senate budgets.
Mr. Gustus said that the new health insurance plan would save the town about $200,000 in annual premiums. A committee made up of town employee union representatives and a retiree approved the change, in which employees will pay higher co-payments for mail-in prescriptions, emergency room visits, and doctor’s appointments. If the final amount of state aid is only $200,000 less than the budget model, Mr. Gustus said, town meeting would need only to reduce the health insurance line item by that amount to put the budget back into balance. But if the final voted budget includes less local aid for Lynnfield, Mr. Gustus said he will be ready with recommendations on further adjustments to the voted budget, including cuts to voted appropriations.
Mr. Gustus also suggested the special town meeting warrant include an article that would allow the town to impose a local meals tax. This provision is included in the Senate and governor’s budget, but not in the House budget. Voters must approve adoption of the tax under the budget plans that include this provision. Mr. Gustus explained that the sales tax would still be collected by the state, but the town’s share would be returned via the annual cherry sheet allocation. Mr. Gustus estimates that the local meals tax would provide the town with $80,000 to $90,000 annually if imposed as of July 1.
Opening and closing of special town meeting warrant
The Board discussed the calling of a special town meeting to be held on Wednesday, June 24 at 7 p.m. at the Middle School, Main Street.
Chairman MacKendrick said that while town meetings have been traditionally held on Mondays and Wednesdays, the board decided to “try a Wednesday and see how that works.”
The warrant will include three articles: one to amend the budget for the fiscal year beginning on July1; a second to consider whether the town should adopt a local meals tax, and a third that would remove the Chief of Police position from Civil Service. All of these measures were discussed earlier in the evening by the Board.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to call a special town meeting for We Wednesday, June 24 at 7 p.m. at the Middle School, Main Street.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board included three articles on the warrant as recommended by Mr. Gustus (see attached exhibit).
Request for one-day liquor license
On the motion of Selectman Bourque, seconded by Selectman Merrritt, the Board voted to issue a one-day liquor license to Marry An Walsh of 27 Catherine Drive, Peabody, for the Meeting House on Saturday, September 19, for a 40th wedding anniversary party.
Order of taking
Mr. Gustus asked the Board to approve the order of taking for land that the Town obtained in tax title proceedings in 1973. The land, in the rear of the parcel at 525 Salem Street, is part of a property that the Town has agreed to convey to a local developer for construction of a senior housing complex. Town meeting on October 2008 voted to authorize the Board to take the property by eminent domain to clear up any question of the Town's ownership of the land.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the Order of Taking and signed the document.
On the motion of Selectmen Merritt, seconded by Selectman Bourque, the Board voted to adjourn at 9:23 p.m.
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