Board of Selectmen |
August 17, 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 7:02 p.m.
Request for change of premises to Sagamore malt and wine restaurant license
Mr. Gustus explained that Sagamore Springs golf course holds a seasonal wine and malt restaurant license for its clubhouse-0restaurant area. Last year, the state in a ruling brought by the Georgetown club, determined it would allow alcoholic beverages to be delivered outdoors to patrons of the golf course under certain terms and conditions, Sagamore is seeking to alter the terms of the premises under its current license. Abutters will be notified and a public hearing will be held at the meeting of September 14. The licensee is working with the state Alcoholic Beverages Control Commission to obtain a license to transport alcoholic beverages across a public way, since the course crosses Main Street.
Gregg Fellows, manager under the license, explained to the Board how it would operate a beverage cart under the employ of the golf course, under the rules and regulations of the ABCC.
Mr. Fellows explained the cart would be used to sell beer, wine and non-alcoholic beverages. He said he planned to use the cart on two busy areas to avoid going up and down the fairways. He said all employees doing sales would be trained and certified by the TIPS program.
Mr. Gustus said the Board could stipulate the cart be kept to the route stipulated on the map of the course.
Chairman MacKendrick said the public would have a chance to weigh in on the proposed license change at the public hearing next month, and told Mr. Fellows the intervening time would give an opportunity to consult with state authorities.
Report of the Tree Bylaw Committee on the Tree Bylaw
Nathan Rawding of the Tree Bylaw Committee said that since the committee updated the Board on its work a year ago, it had done much work and drafted a new version of the bylaw that incorporates feedback from town officials and residents.
The committee has consulted with licensed arborists, talked with other towns with a tree bylaw, applied for a grant from the state Department of Conservation and Recreation that would enable to Town to take a tree inventory and make other efforts. The committee is displaying the results of its survey of residents at the library, and has met with the Director of Public Works, the Town Administrator and the Conservation Commission, and will meet with the Planning Board later this month. He requested that the Board consider placing the proposed bylaw on the October town meeting warrant.
Selectman Merritt asked about the state shade tree law and how the town is doing with what is already in place. Tree Committee member Jane Bandini said that the state law includes provisions from 1886 and 1915. She said Massachusetts is one of the most progressive states in protecting trees, and allows towns to adopt the provisions that best suit each municipality. It allows for setting up a fund to protect trees.
Mr. Rawding said towns have adopted bylaws to clear up vague parts of the law to have a tree bylaw that is clear and enforceable. He said that is the aim of the proposed bylaw. The bylaw would create a tree committee that would be a resource for the Department of Public Works regarding such issues as tree diseases, removing diseased trees and planting new trees.
Selectman Merritt asked if it is an implementation issue. Mr. Rawding said the committee is looking for a more proactive approach.
Selectman Merritt asked if he has asked the DPW to implement its recommendations, noting that there is already the state legislation in place. Mr. Rawding said the committee members have talked with Dennis Roy a couple of times, and said the DPW has many responsibilities. The Tree Board would include Mr. Roy or his designee, a certified arborist, and those appointed by the Board of Selectmen.
Town Administrator William Gustus said he has several meetings with the committee members, and that there are several provisions of the proposed tree bylaw that go beyond the existing state statute. The Lynnfield bylaw would extend the definition of a public shade tree from one in the right of way of the street, or those placed on private property within 20 feet of the public way with the written consent of the landowner. The proposed bylaw would define public shade trees as all trees within 20 feet of a right of way, on public or private property. Under the state law, the Tree Warden decided what trees are to be removed; the proposed bylaw would give that power to a Tree Committee of which the Tree Warden would be a member.
Mr. Gustus said another difference is the regulation of commercial and multi-family developments, which would require natural buffers from residential areas. Currently, those issues are handled by the site plan approval process by the town's regulatory boards and under the subdivision control law. Many residents have been concerned about clear-cutting of individual house lots. Mr. Gustus said the question is whether the Town wants to regulate the cutting of trees on single lots.
The committee is also seeking to impose fines for violation of the bylaw and several provisions on how trees can be cared for and cut, which are not inconsistent with state statute.
Selectman MacKendrick asked for a list of communities that have adopted this or a similar bylaw, and what their experiences have been.
Mr. Rawding said he did not have a list, but the Department of Conservation and Recreation has such a list. He said the proposed bylaw was based on one adopted in Amesbury. He said about 60 communities have some sort of tree committee.
Selectman Merritt said he is concerned about bylaws, as they tend to get on the books and stay there. He said it is important to be sure the residents understand the specific proposal. Last year, he said, the issue was presented as an environmental matter, although it seemed to stem from neighbors upset that other neighbors had cut trees down. He said he is very sensitive to property rights, and would have trouble supporting the proposal until he understands it better.
Selectman Bourque said that there is nothing that bothers him more than seeing people move into Lynnfield from cities and immediately clear-cut a lot and hot-top most of it. He asked that the committee illustrate the main differences between the state statute and the proposed bylaw. He said the encroachment on property rights and the imposition of a cumbersome committee approval process concern him.
Ms. Bandini said the committee understands these issues. She said the 20-foot designation exists in the state statute. She said the Tree Board would get more people involved in the decision-making process, and that deadlines for hearings and decisions are stipulated in the bylaw and the state statute. There would be no charge for taking down a dead tree on private property, but there would be a process to make sure the tree should be taken down.
Chairman MacKendrick said the Board would review the material presented that night and would likely have more questions in the future.
Recreation Commission update and appointments
Thomas Terranova of the Recreation Commission handed out a mission statement and plan fro the upcoming fiscal year. He said that the commission is seeking to add one member and replace its director.
He said the commission is seeking to split the director position and divide the tasks. The departing director has done an exceptional job, but the commission is seeking to expand its service to the community. He said that during busy times, it is difficult for one part-time person. He said the commission plans to be self-sufficient financially.
He said the program is stagnant now, and the commission has difficulty achieving a quorum. He said that the commission is at a crossroads.
Selectman Merritt asked why the incumbent director had not had a lot of chargeable hours to the Town if she were working at the peak. Mr. Terranova said it may have been the result of the person being overwhelmed. He said the commission faces a lot of field scheduling issues, which is currently shared by commission members. He said planning has suffered due to the pressures of meeting the demands of the moment. He said the director should be more involved in maximizing the use of the fields for Lynnfield residents and teams.
One of the candidates, Mr. Terranova said, is Stacee Monkiewicz, a local resident, has been a PTIO president, served as the Lynnfield Preschool Playground Committee chair, and has been a salesperson professionally. The other is Ken Muse, who has been active in local activities and sporting groups.
Chairman MacKendrick said Ms. Monkiewicz is known to him and is a pillar of the community, while Mr. Muse comes highly recommended.
On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to appoint Stacee Monkiewicz and Ken Muse as co-directors for the Recreation program.
Mr. Terranova also said the commission is looking to add David Sweeney as a member. He provided the Board with his resume, which includes substantial event management experience.
On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to appoint David Sweeney to the Recreation Commission.
Selectman Bourque thanked Mr. Terranova and the commission for being responsive during a tough year. He said he knows the people on the commission want to get the programs active again.
Appointment of call firefighter/paramedic
Mr. Gustus said that with the retirement of Police and Fire Chief Romano, the Town was down one intermediate Emergency Medical Technician under the Fire Department's certification to operate its Advanced Life Support (ALS) ambulance service. Interim Fire Chief Francis Lennon has recommended appointing as a call firefighter Scott Mayette, a certified paramedic who is also a full-time firefighter in the Town of Reading who lives about three minutes from Fire Headquarters. He will not only take emergency medical service shifts but also answer calls when he is not working.
Selectman Merritt asked Mr. Gustus to explain the importance of having paramedics on the department in regards to the town's ambulance certification.
Mr. Gustus explained that the town's ambulance service is operating an ALS service under a waiver from the state Department of Public Health. The town does not have a full complement of full-time paramedics and EMT intermediates. The town has made a commitment to add to the number of paramedics under the waiver agreement with the state DPH.
Captain Michael Feinberg explained that under this agreement the department can operate at full paramedic status with one paramedic and one intermediate EMT. A component of that waiver is efforts by the town to expand the paramedic staffing over a period of time. One of the conditions of the renewal is that DPH be notified of any change in the level of staffing. This would compensate for the loss of Chief Romano.
Selectman Merritt asked if this would move the town off waiver status. Capt. Feinberg said it would take the additional of several paramedics to remove the waiver status.
Chairman MacKendrick asked if replacing an intermediate EMT with a paramedic would be seen by DPH as an improvement. Capt. Feinberg said that DPH is looking at raw numbers of department members who are ALS certified.
Selectman Bourque asked what is preventing the department from adding more paramedics. Capt. Feinberg said the department has a very limited amount of applicants who are already certified paramedics. Others are in the process of becoming paramedics. The department has been told it is the wishes of the Board only to add certified paramedics, he said.
Selectman Bourque asked if paramedics have been told there are no slots. Capt. Feinberg said that paramedics were among a recent group of 16 applicants that was reviewed by a committee of three fire chiefs from other communities. The applicants were ranked using a scoring method used by the chiefs. One was offered a position and declined due to personal issues; the other was not offered a position.
Selectman Merritt asked if any of the department EMT intermediates are training to move up to the paramedic level. Capt. Feinberg said presently none are; one basic EMT is slated to begin paramedic training next month. He said the program runs about one year.
The Board indicated it was willing to add any paramedics to the department that are available.
Establishment of a School Building Committee
Selectman Merritt said when he joined the Board he was appointed liaison to the School Department and in this role has been working with that department and the School Committee. One issue that arose was rising enrollments in all four schools. He also served as chairman of the School Building Committee during the recent school building projects.
When the town embarked on the school building program in 1999, Selectman Merritt said, the process required the hiring of NESDEC, a consultant firm, to project enrollments for 10 years through established standards. Those projections established what the town would be allowed to build in terms of building space and still receive state reimbursement. Local officials suggested that the High School projections could be exceeded, but the consultant’s projections of about 20 percent enrollment growth at the school, from 500 to 590 over the ten-year period, prevailed.
Between 2001 and 2005, facilities were built in accordance with the plans developed based on enrollment projections, and state reimbursement was received in 2006. The net cost to the taxpayers was $24 million; today the cost would be approximately double that amount. The result was excellent facilities with up-to-date technology.
The schools have become crowded again. Current enrollments exceed the NESDEC projections, and enrollments at the Middle School and High School are projected to increase beyond the current enrollment. Superintendent Robert Hassett has said the Lynnfield schools have been the victim of their own success, through the benefits parents perceived through the modernization of all four schools. Academic excellence at the schools, recognized by state and federal designations, including Compass School and Blue Ribbon designations, outstanding MCAS scores and records of college acceptances, and outstanding faculty attracted to the facilities and the district also contributed to the strong attraction of parents to the Lynnfield schools.
Due to the state’s economic woes, no school building projects were approved by the state between 2002 and 2007. The construction rates are higher, reimbursement rates are lower, and other communities were unable to proceed with or were voting down school projects. Housing trends also made it possible for families to relocate to Lynnfield. Fewer students left for private schools and several Lynnfield students returned to the public schools from private schools.
Selectman Merritt said these factors created a “perfect storm” of increasing enrollment in the Lynnfield schools.
The renovated elementary schools’ combined capacity is 850; enrollment as of September 2008 was 897. It seems the elementary enrollment peak will be somewhat over 900 students, and will wane. The new Middle School was built for a capacity of 687; last September, the enrollment was 760. This is expected to continue to grow, but is expected to decline after 2014. A relatively low-cost solution to this growth is being considered: creating classrooms in the open areas on the first and second floors. The High School had no new space added during 590, last September, the enrollment was 651. Through 2014, annual growth is expected and over 800 students are expected at the peak. The plan calls for new classrooms to the High School.
Schjol and town officials are working with architect Scott Dunlap on the High School issue, and are asking the Board of Selectmen to convene a new School Building Committee to study the issue, make a recommendation to the Board, and seek approval of voters for any proposal that is adopted. The composition should include representatives from School Committee, Finance Committee, a member at large with required technical knowledge, and a member of the former School Building Committee, to wit: Timothy Doyle, Timothy LaRovere, Brian Shafer and Michael Brainerd.
Mr. Gustus said he has sat in on meetings with Selectman Merritt and school officials, and it is clear the High School is going to become very overcrowded over the next five to seven years based on existing elementary and middle school enrollments.
Patricia Campbell of Patrice Lane asked about the annual cost of paying off previous school building-related debt for the next few years.
Mr. Gustus said that the debt declines annually as principal is paid off. Total debt service for Fiscal Year 2011 will be about $2.5 million. Mr. Gustus said that the loans are 20-year bonds, with the last year either 2021 or 2022. The cost will decline by about $50,000 to $75,000 annually. He said a complete amortization schedule is available in his office.
Ms. Campbell asked when building would begin and whether the Town would be promised money. Selectman Merritt said that the work is needed as soon as possible, and could be built as early as next summer, but would have to go through the town approval process. He said there is no promise of reimbursement yet, but the Town is seeking reimbursement. He said the Town could also build it with no reimbursement.
Mrs. Campbell asked whether the project is feasible in this economic climate. Selectman Merritt said that decision would be made by the voters. Selectman Bourque asked what should be done otherwise about the overcrowding situation. He said voters will have the final decision on any project proposed.
Mrs. Campbell asked if the auditorium and cafeteria are being used as classrooms. Selectman Bourque said the school is already using many areas not designed as classrooms for that space.
On the motion of Selectman Merritt seconded by Selectman Bourque, the Board voted to establish a School Building Committee of four members, to report to the Board on the High School project. Members will be Timothy LaRovere, Timothy Doyle, Michael Brainerd and Brian Shafer.
Open Space Committee applicant
The Board interviewed Richard Ripley of 2 Lee Road for the Open Space Committee. He grew up in Lynnfield, moved away for a time and has returned. He said he is looking for ways to get involved and give back to the opportunity. Chairman MacKendrick thanked Mr. Ripley for coming forward.
On the motion of Selectman Merritt seconded by Selectman Bourque, the Board voted to appoint Richard Ripley to the Open Space Committee.
Update on Board of Health
In early June, the Board directed Mr. Gustus to send a letter to the Board of Health to send a letter to the Board asking about issues raised by the Board. No resolution to that issue has been achieved. He asked whether the Board wished him to send another letter. Selectman Merritt said it is important to have posted hours for the Health Agent, as other inspectors have, He said the Board of Health has jurisdiction, but the selectmen should receive an answer to their inquiry.
Chairman MacKendrick agreed, and said he looked forward to the Board of Health doing the right thing. He asked Mr. Gustus to contact the Board of Health to obtain a status report.
Request for use of the common
The Rotary Club of Lynnfield has requested use of the common on September 15, 2009 for the annual chicken barbecue. Chairman MacKendrick said that he and Selectman Merritt are members of the Rotary, but are invoking the Rule of Necessity in order to participate in the discussion and vote. He said that Arthur Funai of Lynnfield will be displaying a steam car he has restored as part of antique car club show held in concurrence with the event.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to allow the use of the common for the Rotary Club Chicken Barbecue and Antique Car Show on September 15, 2009.
Request for block party
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board approved the a block party from 17-34 Wing Road on September 12 from 4-7 p.m., pending approval from the Chief of Police and Department of Public Works.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to adjourn the meeting at 8:31 p.m.
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