Board of Selectmen |
September 14, 2009 |
Regular Meeting |
Media Center, Lynnfield High School |
Present: |
Robert P. MacKendrick, Chairman |
|
Arthur J. Bourque III, Selectman |
|
Al Merritt, Selectman |
Chairman MacKendrick called the meeting to order at 7:02 p.m.
Public hearing on change of premises to Sagamore malt and wine restaurant license
Chairman MacKendrick called the public hearing on the application of Sagamore Springs Golf Club, 1287 Main Street, Lynnfield MA for an alteration of premises for the seasonal wine and malt liquor restaurant license held by the club.
The public hearing was duly advertised in two editions of the Lynnfield Villager, and abutters were notified by certified mail. Return receipts of the notification were provided.
Gregg Fellows, manager under the license, had appeared before the Board at its August meeting and explained plans to sell wine and malt beverages from a mobile cart on the course. He said that the course was prepared on the issue of crossing Main Street, and had taken all steps necessary for the crossing of a public way as required by the state Alcohol Beverage Control Commission (ABCC).
He said that the business would try the mobile cart and see how it goes. If it causes problems, he said, he would halt its use. No person will be able to purchase more than two alcoholic beverages at a time, and all servers will be certified through the TIPS program.
Selectman Merritt asked where the cart would be serving on the premises. Mr. Fellows said that the cart will likely travel the entire course.
Alcoholic beverages will be stored in the clubhouse, where the stock is overseen by Mr. Fellows.
No member of the public wishing to be heard on the issue, Chairman MacKendrick declared the public hearing closed.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to approve the application for the alteration of premises and signed the application, which will be forward to the ABCC for its consideration and approval.
Sometime later in the evening, Linda Vallis of Lowell Street said that neighbors of the golf course had to put up a fence on property abutting the golf course to shield them from the view of golfers relieving themselves. She was informed that the public hearing on the license amendment had closed. Selectman Bourque suggested that if problems persist, the matter could be revisited when the license comes up for renewal on an annual basis, and asked that she keep the Board informed. Chairman MacKendrick said she should call Sagamore management to share her concerns, and ask them to put up a fence if necessary. He said she should call Mr. Gustus if the course was not amendable to this solution.
Discussion of Pillings Pond management plan
Town Administrator William Gustus opened the discussion of Pillings Pond issues by saying that he and the Board members had begun discussion in earnest on a pond management plan with the Conservation Commission some time ago, and had worked out a compromise position on the treatment of algae in the pond this summer. Two treatments of copper sulfide were administered in early July and two more on the Fridays before and after Labor Day.
The next piece of the plan was contracting for a study of pond vegetation. The Town engaged Geosyntec, and Bob Hartzell of that firm provided a report distributed to Board members on Friday. Members of the Conservation Commission, the Pillings Pond Association, and other pond area residents were on hand for the discussion.
Mr. Gustus said that the goal is at minimum to maintain the improvements made at the pond over the last three to five years in terms of water quality, while looking at alternatives to the use of copper sulfide as an algaecide that would create less of a problem over time. The copper sulfide has been effective in combating the algae, but members of the Conservation Commission and consultants are concerned about the long-term effects of its use on vegetation and the pond as a wildlife habitat, as it is a heavy metal.
Discussion of weed control measures have included hydroraking, the use of herbicides, and a drawdown of the pond. The pond vegetation study has given a good picture of the current aquatic vegetation population, and indicated that the presence of invasive species is not as prevalent as some had feared. The pond management plan will include measures to address this issue.
Mr. Gustus said that the pond is not only an ecosystem and habitat for plants and wildlife but also a recreational facility, and that viewing the pond from one perspective or the other will lead to different conclusions on how to process. He said it is clear some balance must be struck.
Going forward, the Town needs to do more studies and he said that he is hopeful that eventually the pond can serve as both a recreational facility for residents and as a balance ecosystem for plants and wildlife, without any inadvertent causing of damage to wildlife, plant life and water quality. Mr. Gustus noted that the report has pointed out that killing off vegetation in the pond could and may have already reduced oxygen levels in the water and created a more hospitable environment for algae.
The next step in data collection involves mapping the areas of the pond in which nutrients and pollutants are found and determining their sources, which may not always be obvious. They could include failed septic systems, animal carcasses and droppings, runoff from lawns and other properties. Once this assessment is completed, an evaluation of remediation options will be undertaken and a plan of action will be developed and finalized after public input is elicited.
A Notice of Intent will be filed with the Conservation Commission on proposed project work. Getting to that point will likely take about a year. Water quality testing and mapping costs will probably run about $10,000 to $15,000.
Mr. Gustus said that the Board must engage the Board of Health on the issues, including septic systems around and upstream, from the pond. He said there is some suspicion that Bates Brook is carrying nutrients and pollutants to the pond. He said that the brook should be tested. Testing must take place in multiple seasons, as the heaviest runoff is likely to take place in the spring, and conditions change from one season to another.
Conservation Agent Betty Adelson said she and Commission members had received the Geosyntec study on Thursday and had no prepared statement, as the Commission has not me since that time. The Commission will take up the issue at its meeting on Sept. 29.
Mr. Gustus said the purpose of this discussion was originally to allow residents to express themselves, as there had been some controversy and ill feelings over the handling on the pond issue. He said he hoped that over the course of the summer there is more optimism that the Town is moving in a positive direction, and that the discussion could focus on the future and not the past. He acknowledged that past events had annoyed people on both sides of the issue.
Chairman MacKendrick said he feels that the Town is finally is a position on the matter of a Pillings Pond management plan where progress is being made, and the Town is not merely reacting to the latest crisis. He said that the Town should determine the source of the problem before acting. The report indicates that the existing weed conditions are better than he had thought, and that further testing should be done on the issue of nutrient feeding and water quality.
Gina Giannasca of Central Road said that with all respect to wildlife, the pond is still the backyard and neighborhood for many residents. Chairman MacKendrick agreed and said the Board feels strongly that there should be a balance struck between passive and active recreational pursuits and issues of habitat and wildlife. He said that boats actually help aerate the water, which combats formation of algae blooms, and that some aquatic vegetation also helps combat algae. He said that any information from testing will be public and the Board will keep the public informed. He said that the Board hopes to proceed in a manner with which the Conservation Commission is comfortable, and he thinks tonight’s discussion is a good start.
John Henry of Edgemere Road complimented the Board on its excellent work in beginning to assemble the necessary data from which to form conclusions that will make the pond a better place to live. He said it was disturbing to residents to find that the Conservation Commission had taken a position in the past against the use of copper sulfate, and was glad to find Town officials working together with residents to find a mutually agreeable program. Mr. Henry said that nitrogen loading from fertilizers and phosphorous from failing septic systems are contributing the pond’s problems and that a bylaw should be developed to limit the use of fertilizers in the immediate pond watershed. He also said testing for failed septic systems should be done, as pond area residents may be among the “culprits”
contributing to nutrient loading, as are geese and ducks. He said many pond area residents want to work with the Board, the Conservation Commission and the Board of Health to find long-term solutions to the pond’s problems.
Selectman Merritt said that residents wanting to see the Board of Health assume an active role in these matters should attend a meeting of that board and “tell them what’s on your mind.”
Chairman MacKendrick said that the state of New Hampshire has laws governing runoff and fertilizer in the areas of ponds, and that voluntary compliance is the norm.
Thomas Aylward of Edgemere Road said he appreciates the concerns being addressed by the long-term plan. He said since the pond dredging project, the area of the pond closest to his house has had blue-green algae from June and it still persists this late in the season. As leaves fall, the wind blows the leaves into that end of the pond, where they collect in the culvert. He said where there once was two feet of standing water, there is now just a stream running through two feet of muck. To the best of his knowledge, there are blue-green algae in that area. He has recommended the drawing down of the pond by a few feet every fall to keep the leaves in the deeper end of the pond and to allow for the pulling of weeds near the shorelines and repairs to retention walls. He said such a drawdown would not affect the
common winter usage of the pond. He also said the erosion on the eastern end of the pond in his area is now at least four feet.
Conservation Commission member William Vitagliano said that the major thrust of the Commission since he joined has been trying to conquer issues with the pond organically whenever possible. He termed the use of copper sulfate to treat algae a “Band-Aid approach,” and said he was pleased to her Mr. Gustus talk about short- and long-term goals. He agreed with Mr. Hartzell’s recommendations, and said that with the cooperation of pond-area residents, a solution could be at hand.
Selectman Bourque said that he read the Geosyntec report and noted that it said that the killing of vegetation deprives the pond of oxygen. He said that the Town has been treating symptoms, and that further study needs to be done. He said he was surprised that the consultant found that the weed presence was light or moderate, given what he has seen at the pond. Some people would be happy if the pond were all weeds and reeds, he said, and the Board is trying to strike a balance. He said that the effort would have the cooperation of all town boards, and the selectmen would like to solve the problem for once and for all.
Patricia Campbell of Patrice Lane asked how new information would be transmitted to residents. Selectman Bourque said that the Town Administrator has been communicating with the Pillings Pond Association, and Chairman MacKendrick said Association members Evelyn Noto and Julia Hallenborg have been very effective in communicating with pond area residents and Town officials.
Summer Street resident Teresa Yulling asked whether it would be possible to complete the dredging project. Chairman MacKendrick said it is highly unlikely for a number of reasons, including financial issues, noting the original contractor performed the dredging at no cost ion return for the material extracted from the pond.
Mr. Gustus said that the expense of dredging is cost-prohibitive, as the cost to dredge the much smaller mill Pond, as part of a settlement with its owners, cost the Town’s insurer $1.5 million. He said that the cost of dredging Pillings Pond would likely by ten to twenty times that amount.
Discussion of October town meeting warrant
Mr. Gustus reviewed a draft version of the October 19 town meeting warrant (see attached exhibit). He briefly described the 21 articles placed before the Board, noting the Board would close the warrant at its meeting of September 28 and would make decisions on which articles to include at that time.
Article 1 would impose a local meals tax, as allowed by act of the Legislature, and would generate about $30,000 annually.
Article 2 would balance the current fiscal year budget lines by transferring funds from lines in which surpluses are expected to those with projected deficits. Selectman Bourque asked if there would be funds for the consulting work on Pillings Pond; Mr. Gustus said there would be.
Article 3 would include capital budget requests. Mr. Gustus said that he has requests from several departments, and sent a not to the Finance Committee today asking for its position in taking up capital requests at the October town meeting.
Article 4 would approve the Board of Health septic improvement loan program with $300,000 in funds, at no cost to taxpayers as the recipients pay back the Town on money it borrows from the Commonwealth for this purpose.
Article 5 would address whether the Town wished to remove the Chief of Police position from the Civil Service program.
Article 6 would fund design and engineering studies for a proposed addition to Lynnfield High School.
Article 7 would extend the Groundwater Protection District as agreed upon by the Planning Board and Lynnfield Center Water District.
Article 8 would change the time of dog licensing from midyear to January 1.
Articles 9 through 18 would accept as public ways several streets in Town, including Stagecoach Lane, Horseshoe Drive, Freeman Street, Greenmeadow Drive, Mansfield Road, Otter Pond Road, Murphy Way, Tappan Court and Thistle Lane. Mr. Gustus said that their acceptance would help the Town receive more Chapter 90 roadway improvement funds from the Commonwealth, as the amount is based in part in miles of accepted roads in Town.
Articles 19 and 20 were submitted by petition by the Tree Bylaw Committee and would create a tree bylaw and a revolving fund to capture fees, fines and donations for the purpose of the bylaw for expenditure without further appropriation.
Article 21 would adopt a stormwater management bylaw governing discharges to the storm drain system. This would satisfy federal permitting requirements. The wording of the proposed bylaw would be placed at the town clerk’s office, and copies would be provided to the Board when the drafting is complete by the end of the week.
Public hearings on the layout of public ways
Mr. Gustus informed the Board that hearings on the laying out of Freeman Street, Greenmeadow Drive, Mansfield Road, Murphy Road, Otter Pond Road, Tappan Court and Thistle Lane would be held on Monday, October 5 at 7 p.m.
Block parties and use of common
On the motion of Selectman Merritt, seconded by Chairman MacKendrick, the Board voted to approve a request for use of common for Great Strides Walk for Cystic Fibrosis Foundation on Sunday, May 16, 2010.
On the motion Selectman Merritt, seconded by Chairman MacKendrick, the Board granted permission for OD’s Sixth Annual Run/Walk at Lynnfield High School on Sunday, September 27 at 10 a.m.
On the motion Selectman Merritt, seconded by Chairman MacKendrick, the Board granted permission for the Lynnfield Rotary Road Race on Sunday, November 22.
On the motion Selectman Merritt, seconded by Chairman MacKendrick, the Board granted permission for a block party at Herrick and Drury Lanes on Saturday, September 19 from 2-7 p.m., with a request to close traffic on Drury Lane from #6 to #10, and Herrick Lane from #2 and #4.
On the motion Selectman Merritt, seconded by Chairman MacKendrick, the Board granted permission for a block party on Perry Avenue on Saturday, September 19.
One-day liquor license
On the motion Selectman Merritt, seconded by Chairman MacKendrick, the Board ratified a telephone poll approval of a one-day liquor license for the Knights of Columbus, Post Office Square, on September 12 for a First Communion party.
Fiscal Year 2010 budget update and Fiscal Year 2011 budget projection
Mr. Gustus provided the Board with an update on the Fiscal Year 2010 budget and projections for the Fiscal Year 2011 budget.
On the Fiscal Year 2010 budget, Mr. Gustus said that local aid from the state is down $282,000 from the amount budgeted at the annual spring town meeting and that cherry sheet net receipts were also down. As a result, the budget is $295,000 out of balance. The major discrepancies are in Chapter 70 aid to education funds, in which the Legislature approved a figure lower than the Governor’s budget, an insignificant reduction in unrestricted aid, and incorrect projections by the Governor on local shares of hotel and meals taxes, which cost the Town an additional $140,000. Mr. Gustus said that Town officials have been aware of these issues and planned to correct the budget at the October town meeting.
Local receipts were projected at $3,241,000 and are holding firm and could improve, with the plan to increase the projection by $100,000 when the Town prepares to set its tax rate. He has also looked at sources of revenue and said that the Town’s projected new growth figure may not be realized.
Mr. Gustus said that he has prepared a list of proposed budget transfers. Those related to the Police and Fire Departments reflect changes in personnel, as do those in the Department of Public Works, which reflect changes in the DPW administration. The Police and Fire budgets are also supplemented with a payout of retired Chief Paul Romano for his accrued time.
Changes were also proposed to health insurance accounts reflecting new agreements on that benefit with employee unions in which co-payments went up and premiums were reduced.
Mr. Gustus said that about $169,000 in free cash would needed to be used to balance the line items projected to be in deficit; he feels that amount can be reduced to $70,000 with the remainder to be made up from increased local receipts and transfers from other line items.
Selectman Bourque asked if the budget included full funding for Quinn Bill educational incentives to police officers. Mr. Gustus said that the amount was included in the Town budget, and that the state failed to include the full amount for its portion of the funding on the cherry sheet.
On Fiscal Year 2011, Mr. Gustus said he had projected $40,249,000 in revenue and $41,542,000 in spending, resulting in a projected $1,292,000 deficit. The projected spending plan was based on the Town’s spending and programmatic levels of the last three to four years, and includes an average pay increase for salaries. He said that to get through Fiscal Year 2011, the Town will have to hold salaries to current levels, which would reduce the deficit by $600,000. Then, he said, the hard work begins. A combination of appropriations from reserves and cuts to spending would be required to reduce the remaining projected deficit. Mr. Gustus is working on ways to cut spending, some of which are contingent on the Town’s position as to salaries and benefits.
Mr. Gustus said that increases in local aid are unlikely, and there is no appetite for a Proposition 2-1/2 override. He said the Town should be able to balance its budget without any layoffs, but cannot add personnel. He said it is unclear that the Town will be able to add anything to salaries.
Selectman Merritt noted that the Town’s union contracts expire this fiscal year. He said that with larger-than-usual tax increases in the last two years, the goal should be to stay within the Proposition 2-1/2 spending limits. Mr. Gustus said he is projecting taxes to increase by 2.2 percent.
Chairman MacKendrick said that he agrees the Town must take a hard line on spending, and that the Town wants to avoid layoffs. He noted that in neighboring communities, municipal employees have been asked to take eight-percent salary cuts.
Police Department review
Steven Unsworth of BadgeQuest appeared before the Board to present the findings of his review of the Lynnfield Police Department (see attached exhibit).
Mr. Unsworth noted that on June 29 the Town contracted with his firm to perform a management study of the Police Department. The study began in early July and he spoke to each member of the Board and Mr. Gustus, and had several meetings with former Chief Paul Romano and Acting Chief Joseph Dunn. He thanked Chief Dunn for providing him with several documents. Mr. Unsworth also met with the former and current police union president and at least several patrolmen, as well as all three sergeants. A confidential questionnaire sent to all department members elicited 13 responses.
Mr. Unsworth also reviewed department budgets, staffing, policies and procedures, and measured the department against standards that would be used for accreditation of the department. Those standards deal with a variety of issues. Currently, 27 police departments in the state are accredited and 14 are certified; 86 others are in the accreditation or certification process. Certification requires meeting 155 mandatory standards, and accreditation is one step beyond certification. Mr. Unsworth also inspected the department’s facilities and equipment.
Mr. Unsworth said he wished to state his recognition that there had been a contentious relationship between Chief Romano and the Board, but wishes to focus on the future.
The task deemed most important by the Board was whether the chief position should remain in the civil service system. He said he would recommend removing the position from civil service, but only if sufficient job protection was afforded to the chief position.
Of the approximately 350 police chief positions in the state, fewer than 85 are in civil service. The police chief is the only department head in Lynnfield afforded civil service protection.
Mr. Unsworth said that in any personnel search it is generally better to have a larger pool of candidates, and only four candidates would be eligible to apply in a civil service search: the acting chief and the three sergeants. State law requires a minimum four candidates; if any of the acting chief or the three sergeants decided not to take the exam, the Town would be required to open the exam to be opened to the next lower rank, which would be patrolman. If the Town opts for the written exam, which would be given in May, marks would be available in four to six months. The acting chief could be retired or in the process of retiring by that time. If the Town had to open up the exam to patrolmen, it could delay the matter by one year. He said he would strongly suggest that considering a patrolman for the
chief’s position would not be appropriate.
Mr. Unsworth said if the Town went forward with an open hiring process, it would in no way eliminate internal candidates from applying. A typical open search for a chief would generally require candidates to have a bachelor’s degree, 15 years of police experience with five years of supervisory experience, and a minimum rank of lieutenant. Mr. Unsworth said that he did not want to minimize the attributes of the current command staff, saying members were cordial, intelligent, committed to the Town and do an admirable job. He said he interviewed all of the potential internal candidates for the chief position for about 90 minutes each, and reviewed their personnel files.
Mr. Unsworth said there were “conflicted emotions” from one potential internal candidate for chief, who later expressed a greater commitment to seeking the job. Another would take the exam as a courtesy to his fellow command staff members to keep the job from being opened to patrolmen. The potential internal candidates were asked whether they would be comfortable with the selection of all other potential internal candidates. The responses indicated a lack of cohesiveness among the command staff. One replied that if one specific potential internal candidate were selected, he would resign from the department.
In terms of experience, Mr. Unsworth said that the internal candidates, with the exception of Acting Chief Dunn, were consistently lacking in budgetary experience. The department’s policies and procedures have been in the possession until recently of only two members, Chief Romano and Chief Dunn. Each officer should have a copy, he said, and Chief Dunn is disseminating these copies.
Chief Dunn is the only potential internal candidate with experience is discipline. None have experience from the management side in collective bargaining, although several have it from the labor side of the table.
In the area of recognition of issues pertaining to officer misconduct, all potential candidates failed to identify some issues that would be raised under various scenarios presented to them. That is not to say that the responses themselves indicated the officers were unethical in any way.
In terms of rank and commensurate command experience, Mr. Unsworth said there was a tremendous shortcoming in providing management and supervisory training for sergeants, which does not reflect on them as individuals. He said none of the sergeants have adequate training for their current rank. The sergeants have been in their current positions long enough so that they should have received this training. There was a feeling in the department that it was not obligated to prepare the sergeants for the duties that would be available to them. The position of chief is a very technical, complex job and is not suitable for on-the-job training, Mr. Unsworth said.
On the process of hiring from civil service, Mr. Unsworth said he read a local newspaper article stating the union’s perspective, and said that he agreed with some of the points raised. The police chief in Lynnfield is a “weak chief” under state law. Mr. Unsworth feels this is not appropriate, and that the Town should hire a chief competent to run the department on a day-to-day basis. He said he strongly recommended that the Town adopt Chapter 27A “strong chief” provision. He is suggesting that the new chief be given a three-year contract providing that the chief can only be removed form office for cause, with certain rights of appeal, as a police chief must be able to make appropriate but unpopular decisions without fear of unreasonable repercussions.
Mr. Unsworth reviewed several recommendations regarding the department’s policies and procedures, as outlined in his report. He said that he strongly suggests that any changes made in the department look to the standards and frameworks of accreditation. He said that this would give the department a chance to assume best practices and gives the department and community assurance of this when the department is in compliance with these standards. Ultimately, he would recommend the department pursue accreditation, which would reduce liability exposure, enhance officer safety, and increase community confidence. He stated that training costs money, and that the department is currently staffed at the minimum level, although sufficient to meet the town’s day-to-day needs.
While the building is not pristine, it is adequate. He said that there would be a need for a new building at some time in the not-distant future. He said that officers recommended that they receive enhanced radar units and mobile data terminals, so that they could ascertain whether a motor vehicle they were pursuing is stolen, or if there is a warrant out for the owner, or whether a person in a domicile to which they are dispatched for a domestic incident has a license to carry a firearm. He said this would enhance productivity and officer safety and was strongly recommended.
Mr. Unsworth did not access disciplinary records but based on interviews does not believe discipline in the department is consistent with current professional standards and public expectations. He said that an internal affairs officer should be appointed and a policy on investigating citizen complaints should be implemented.
While most officers said they are personally committed to the community, the philosophy of the department is not consistent with community policing practices, said Mr. Unsworth. At current staffing levels, the department will not be a leader in community policing, although there are opportunities for it. He also recommended that ethics training be incorporated and that the department develop a mission statement.
Personnel files are sorely lacking in information, with no letters in officers’ files with commendations from administration. Mr. Unsworth said despite this, officers felt they were cared for and liked.
An audit of the property and evidence room was recommended. He said the room is cluttered, although Chief Dunn has made great strides in this area. Some dangerous weapons, including a sawed-off shotgun, were unsecured. He also recommended that a structured evaluation system by implemented after it is negotiated through collective bargaining.
In summary, Mr. Unsworth recommended taking the chief’s position out of civil service, pursuing certification for the department with the ultimate goal of accreditation, enhanced discipline and greater emphasis on praising appropriate actions and a commitment to community policing.
Chairman MacKendrick said that he is glad to hear Chief Dunn is already taking steps to correct problems and improve the department. He said the Board already knew the department has good patrolmen and sergeants who are enthusiastic and want to make things better, and he noted that such studies tend to emphasize the deficiencies in a department. He said the Board wants to take a good department and make it a stellar department, and that he believes most of the recommendations made by Mr. Unsworth were achievable.
Selectman Merritt thanked Mr. Unsworth for his comprehensive report and said it did indicate the department has some issues. While he has no “hands-on” experience in police work or the civil service system, he visited town managers and police chiefs in six nearby communities (Andover, Middleton, North Reading, Reading, Wakefield and Wilmington), some of which had civil service chiefs and others which did not. He said all six are either accredited, certified, or in the self-assessment stage of the process. He said for some inexplicable reason, the Lynnfield department has chosen not to participate in this program, which is designed to ensure best practices.
Selectman Merritt said his decades as a senior corporate manager gave him an appreciation of the value of training and planning. He said the report startled him in the statement that the command staff fails to meet or only marginally meets the minimum standards that would be consistent with an open search, and that the command stuff does not possess the knowledge, skills, abilities and training necessary to perform the job of chief . He noted the report cited specific command staff deficiencies in budget experience, development of policies and procedures, disciplinary process, collective bargaining from a management perspective and recognition of issues pertaining to officer misconduct, and that the department has done a poor job in providing management and supervisory training.
Selectman Merritt said he was gratified to find that Mr. Unsworth found that the current command staff has demonstrated the ability to perform their current duties in a satisfactory manner, and said the residents hold the command staff in high regard. He said he was also glad that the acting chief has begun implementing some of the suggestions in the report.
In summary, Selectman.Merritt said that the community is facing a daunting situation in which there are very few internal candidates for the police chief position, with doubts raised about whether these candidates have been adequately prepared for this more demanding role.
Selectman Bourque said the report was comprehensive and that it would have been easy for the consultant to ignore difficult topics. He said that Mr. Unsworth referenced a contentious relationship between the Board and former chief and a newspaper article in which Board members were accused of carrying out a personal vendetta against the former chief. He said the Board not interfered with police department operations. He said it was difficult to read the report that said the Board had more power than it had exercised, and that any time he had questioned whether the Board could intervene he was told it could not because the subject at hand was a matter of management discretion. The Board was told it did not have the authority to act.
Selectman Bourque said he was aware of a number of disciplinary issues in the department that were not handled in a manner consistent with community expectations. In one case, an officer was sent to drug rehabilitation, came back and agreed to urine testing, became involved with drugs again, and was sent back to rehabilitation. He said that there was total denial at the department head level of these issues. He said he was also aware of victims of domestic incidents who could not get relief through the department.
Selectman Bourque said he is concerned that under the strong chief law, the Board will have less authority to correct problems in the department. He asked how the Town could protect itself against legal exposure if officers were acting in an improper manner. Mr. Unsworth said that every police department has a policy or procedure that stemmed from an incident involving one officer. He said that the scenario Selectman Bourque discussed was an aberration. The Board has the obligation to hire the best candidate available, and must choose carefully, looking at the candidates’ past records. The Board must choose someone in which it has confidence and who possesses the utmost integrity. Still, Mr. Unsworth said, the chief is accountable to the Board, and should have set of goals and objectives and report to
the Town Administrator on a regular basis, and those stipulations of this nature should be incorporated into the contract. If a proper process is followed, Selectman Bourque’s concerns should not be an issue, he said.
Selectman Bourque said that circumstances and people change over time, and that he is very concerned about creating a strong police chief. The fire chief position is a strong chief, he said, and the former chief went forward and bought a capital item after the Board told him not to, using money from a revolving fund. The Board was told the chief had the authority to do so in the interest of public safety.
Selectman Bourque said that he is concerned about the difficulty of moving a chief under civil service laws, which requires gross misconduct or gross malfeasance. He said that while critics of the proposed removal of the chief’s position have voiced concerns about future boards of selectmen interfering in day-to-day departmental operations under the weak chief law, the boards on which he ahs served have never tried to interfere in this manner. He said he would like to give the chief position some protection, but did not want to cede the Board’s authority in a way that would come back to haunt it. Mr. Unsworth said that it is important to strike a balance between protecting the chief and allowing the Board to have oversight.
Finance Committee Co-Chair Mary Taschner said she would like to see the benefits and drawbacks of the strong chief and weak chief models laid out, especially the roles played by the Board and the Town Administrator, and their ability to oversee the department and ensure that the Town’s standards and budgetary policies are followed. Mr. Unsworth said that in the strong chief model, the chief has the authority to manage day-to-day operations of the department, but under the weak chief model, the Board has that authority. Most selectmen do not have the technical knowledge and skills to manager a police department, and board members change. A chief needs some protection from changes in the Board. He believes most departments in the state are strong chiefs, and that the combination of a strong chief and
civil service would give the chief too much power. As for adherence to a line-item budget, Mr. Unsworth said a chief would be subject to discipline fore failing to adhere to the budgetary process. He said accountability starts with questions to the town administrator of police operations.
Chairman MacKendrick said that under the strong chief law, the chief can be given a three-year contract structured with goals and objectives. If these are not met, it could be cause for termination. Mr. Unsworth said that the goals and the evaluation system could be added to the contract as an addendum. He said these are needed to provide accountability to the community.
Chairman MacKendrick said that that the civil service test is merely a test of candidates’ ability to memorize. He said he would like to see the position removed from civil service so that the hiring system could encompass broader techniques and so that the candidate pool would be broader as well. He also said that the strong chief model should be adopted so that the chief would not become vulnerable to politics. Sometimes the chief will have to make unpopular decisions. He said this combination would strike a reasonable balance.
Mr. Unsworth said that this recommended path would give the chief more power, but make the chief more accountable.
Patricia Campbell of Patrice Lane asked if the report made any findings on emergency preparedness. Mr. Unsworth said this was not one of the areas that he looked at, but would be included in an accreditation process.
Mrs. Campbell asked if Mr. Unsworth had recommendations on selecting a candidate outside of the civil service process. Mr. Unsworth said that recruiting and selecting police chiefs is his specialty. If the Town retains the civil service system, an assessment center can be held, which could include a written exam and various role playing an interview segments. If the position is removed from civil service, he would recommend advertising the position in appropriate venues, hiring a consultant to recruit and review candidates, and an extensive application and screening process. He said he assisted the Town of Hamilton in this process, in which 93 candidates applied, 20 received written questionnaires and an extensive application, four to six candidates went through the assessment center and were the subjects
of an extremely extensive report submitted to the hiring authority, with an extensive background check. Candidates were also involved in frank discussion on whether they would accept the job and the salary and contractual requirements. He said the process involved some extraordinarily qualified candidates, with the chief selected earlier that day.
Mrs. Campbell asked if any team of police chiefs reviewed Mr. Unsworth’s report. Mr. Unsworth said he was police chief in Waltham for 11 years and that the report was reviewed by another retired chief.
Mrs. Campbell said there is a difference between a small town and a larger town. Mr., Unsworth said he was familiar with both types of departments, and that in some ways running a small department is more challenging. The bottom line, he said, is that it is still people dealing with other people.
Selectman Merritt said he would like to see the report posted on the Town’s website. He said that there will have to be a lot of educating the community on the issue prior to town meeting.
Nicholas Secatore, president of the Lynnfield Police Association, said he had met with Mr. Unsworth and found him to be a gentleman. We believe he was fair, he said, but added there are two sides to every story. He said he received the report earlier that day and wished he could have been better prepared to comment. He noted that Mr. Unsworth reported that he found discipline lacking but did not review personnel files. He said that Lynnfield Police Association members believe the department’s sergeants have the experience, training and knowledge to be the next chief. Chairman MacKendrick said the Board will want to hear his comments once he has a chance to review the report completely.
Acting Police Chief Joseph Dunn said that he received the report earlier that day and went through it briefly. He said he had begun work on several issues before receiving the report and are working on other recommendations, while finding others not feasible. He said Mr. Unsworth had done an excellent job and was fair. He said that the department’s command staff is excellent, and said the department could train them better. He said that he has confidence in this group and that the sergeants do a job every day. He said the department could find a captain and a chief in this group, and that he would assist them in getting more training. In the past, budget issues have been an issue with training. The department’s main concern is filling shifts, with only 13 patrolmen to run a round-the clock
operation. The department provides a good service to the community. He said that the department has made some positive strides but there is still room for improvement. He said if Mr. Unsworth returns in a year and a half he will have nothing to talk about due to the progress the department has made.
Chairman MacKendrick said the Board and the Police Department want to make the department outstanding, although all may not completely agree on how to achieve that goal. He said that progress is already being made.
Mr. Unsworth said he certainly respects the loyalty shown by the chief and officers to their fellow department members.
Selectman Bourque said that members of the Board are surprised and pleased at the speed with which progress has come under Acting Chief Dunn’s direction. He said Chief Dunn is doing a great job. Chief Dunn said that the work is a joint effort, and that everyone has been helpful, especially his command staff.
Selectman Bourque asked about the next step in the process. Mr. Gustus said that the first step is deciding how to choose a new chief. His recommendation is to use an assessment center of some sort. He said that the Town would need time to absorb the report and make a collective decision. In reviewing consultants, he said, a major consideration is finding one who can assist in the search and hiring process.
Selectman Bourque asked when the Board must decide whether to include an article on removing the chief position from civil service on the October 19 town meeting warrant. Mr. Gustus said a decision could be made at the meeting of September 28 or tonight. Chairman MacKendrick suggested the discussion take place at the meeting of September 28.
Patrolman Secatore said he would like to see the response of the Lynnfield Police Association posted publicly. Selectman Bourque said all three members of the Board would be willing to meet with Patrolman Secatore to get his views and that the process would be a fair one.
Appointment of emergency management director
Mr. Gustus told the Board that with the retirement of Chief Romano, the Town must appoint a new emergency management director. He said he had spoken to Acting Fire Chief Francis Lennon on the matter, was recommending his appointment, and he is willing to serve. He said in his experience the Fire Department is most frequently asked to handle the emergency management role, and that department members have undertaken national incident response training. Selectman Bourque agreed that Chief Lennon has the qualifications and training for the job.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board appointed Francis Lennon as emergency management director.
Appointment of police sergeant
Mr. Gustus said that with the elevation of Joseph Dunn from captain to acting chief, the Police Department is short on supervisory personnel. He noted that there is an active sergeant’s list from civil service and that Patrolman Richard Lamusta is at the top of that list with the highest score. Chief Dunn is recommending that Patrolman Lamusta be appointed to the vacant sergeant position.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to appoint Richard Lamusta as police sergeant.
Police Department capital budget request
Chief Dunn appeared before the Board to present his capital budget request (see attached exhibit).
The requested patrol bicycles would be placed on cruiser racks. He said that the department has many young officers who could use the bicycles and would be well trained. They could assist with the walk-to-school program being initiated by the Middle School and can be used to access areas of the school grounds not accessible by cruiser. He said they would serve as good community policing devices and that two could be employed on directed patrol on daytime shifts. The bicycles will also be useful when the recreational path is completed.
Chief Dunn said he has proposed a patrol motorcycle be purchased, noting that all departments in surrounding communities has one. He said the motorcycles are versatile and can be used to bypass traffic gridlock, as well as for parades and special events. The motorcycle would also be used to monitor motorcycle noise levels. He said many officers have the required license and would get specialized training. He said he would not put any of his officers in danger. The motorcycles would be leased.
Chief Dunn also explained his request for two cruiser purchases. He said that a cruiser can run up to 24 hours a day, in all weather and that they wear out despite the good care they are given. He said a couple of the department’s current cruisers will not make it through another year, and would be replaced by the new cruisers.
He said two other requests reflected recommendations made in the BadgeQuest report. He said one of the department’s Breathalyzer machine is out of service, and he wants to bring the station machine up to date. The other is used for school dances and other site functions. The second request is to purchase two new radar units, so that one could be placed in each marked cruiser.
Chairman MacKendrick said the Board would do all it could given the budget constraints. Selectman Bourque asked Chief Dunn to prioritize his requests base don need. Chief Dunn placed the cruisers first, patrol bikes second, radar units third, Breathalyzers fourth and the motorcycle fifth. He said that all the equipment requested is necessary to provide the type of police service expected by the community, and that as the economy worsens, the department becomes busier.
Fire Department municipal hearings officer appointment
Mr. Gustus said that the Essex County Fire Chiefs Association has agreed to serve as the municipal hearings officer for appeals to the decision of the fire chief, as required by law, for Lynnfield and other member communities (see attached exhibit). There will be no cost to the Town for this service.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to appoint the Essex County Fire Chiefs Association as municipal hearings officer under MGL Chapter 148A.
Fire Department capital request
Mr. Gustus said that the Fire Department has submitted a capital budget request. Fire Captain Michael Feinberg said the department has requested that the chief’s vehicle, a 1998 Ford Explorer with between 150,000 and 200,000 miles on the odometer, well in excess of its expected useful life. The request would also include radio and related equipment. Chairman MacKendrick asked the department to forward details on how the vehicle would be equipped.
School Building Committee roles and responsibilities
Selectman Merritt told the Board that the School Building Committee had drafted a charter of its roles and responsibilities and adopted it at its September 9 meeting (see attached exhibit). He said much of the charter for the previous School Building Committee was replicated by this document.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to adopt the statement of Roles and Responsibilities for the School Building Committee.
Resident inquiry
Patricia Campbell of Patrice Lane asked about the status of the Rails to Trails program, saying that only one committee person and one resident from Lynnfield attended a committee meeting in Wakefield. She said Wakefield residents had been notified about the meeting and Lynnfield residents were not. Mrs. Campbell is also concerned about how the Town will pay for ongoing maintenance of the trail.
Chairman MacKendrick said that there are currently no funds available for the project, and that the two towns are pursuing design funding. Mr. Gustus said that he believes that funds for that purpose were included in the state capital bond bill, but it is unclear whether the bond bill will be funded. He said the design work alone will cost $500,000 and the entire project cost would be several millions. He said a recent meeting he attended with Wakefield representatives and Leslie Kirwan, secretary for the Executive Office of Administration and Finance, did not yield much hope that funding would come anytime soon.
Chairman MacKendrick said that maintenance costs and other issues would be discussed when the project moved forward. Mr. Gustus said that Richard Simmons Jr. represents Lynnfield on the committee. Chairman MacKendrick said the Board would have him provide an update at a future meeting.
Mrs. Campbell also said she wanted to be sure residents would be kept informed about plans for the merger of North Shore Technical High School, Essex Agricultural School and Peabody Vocational High School.
Announcements
Chairman MacKendrick urged all residents to attend the annual Rotary Club Chicken Barbecue to be held the following night.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to adjourn at 10:23 p.m.
| 
