Board of Selectmen |
November 2, 2009 |
Regular Meeting |
Selectmen’s Hearing Room, Town Hall |
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 pole location on Village Row
Chairman MacKendrick called the public hearing on the application of Verizon New England Inc. and Reading Municipal Light Department for the location of a jointly owned pole No. 179/9 on the westerly side of the roadway approximately 75 feet westerly from existing pole 179/8 (see attached petition and plan) near 17 Village Row.
Abutters were notified by registered mail and the public hearing was advertised in the Lynnfield Villager edition of October 25, 2009.
Everett Bryan, right of way representative for Verizon New England, Saugus office, said that the new pole was needed in order to give the proper height and clearance to low-hanging service wires. He said the Department of Public Works had requested that the pole be placed within the grassy area and not on the sidewalk and that the pole not be placed within the sidewalk. Mr. Bryant said this condition would be met.
No members of the Board and no members of the public wished to comment.
On the motion of Selectman Merritt, seconded by Selectman Bourque the petition was granted.
Common victualler’s license, Cheng Du restaurant
The Board took up the application of Cheng Du restaurant for a common victualler license. The restaurant will be located at 12 Salem Street, Unit 2, and will replace the restaurant currently known as Emerald Dragon.
Andrea Kor, a paralegal for the law firm of Christopher E. Coleman, Esq., PC, represented the applicant, Grace Tsoi, Inc., Min Yi Huo, 8 Paul Place, Apt. C. Boston MA 02118, president. She told the Board that the same style of food and hours of operation would be featured in the new restaurant.
Town Administrator William Gustus asked if the restaurant had been inspected by the Health Department. Ms. Kor said that Health Agent Jim Nugent conducted an inspection on October 28.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board approved the granting of a common victualler license to Cheng Du restaurant at 12 Salem Street, Unit 2.
Permission to serve wine at Meeting House
The Board received a letter from Linda C.H. Burns, president, Tower Day Parents’ Forum, requesting permission to serve wine at no charge to those attending a fundraising event to be held at the Meeting House on Wednesday, November 18 from 6-9 p.m. Proceeds would benefit Tower Day School at the Centre Congregational Church, 5 Summer Street.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the request.
Recycling Center hours
Mr. Gustus said that he had met with Public Works Director Dennis Roy this afternoon to discuss this matter. The office and Board members received several calls today and over the weekend from residents complaining about the closing of the Recycling Center on Sundays.
Mr. Gustus said that he is working through issues of disposal of leaf and yard waste with the Conservation Commisison and the Lynnfield Center Water District (LCWD). The Town in the past has composted material near the Bennett Keenan conservation area, transporting it over LCWD land. No material has been moved from the recycling center site this fall. The Town must make an arrangement with the LCWD and the Lynn Water and Sewer Commission, which controls a bridge on the property.
Mr. Gustus said that the cost of Sunday hours is $500 per day, due to overtime and Sunday wages as provided for by union contract. He said the recycling center will be open for the next four Sundays, and that he hopes the additional hours will relieve the traffic at the site during the other days and help make the operation more orderly.
Chairman MacKendrick approved of the decision, and Selectman Merritt said that all Board members likely received calls on the subject. One resident said he was willing to pay a larger annual permit fee.
Mr. Gustus said that the Town has faced financially challenging years and was cutting back on costs when possible. Sometimes residents push back when that means reduced services, and he warned that the decision to re-open on Sundays was not a precursor of things to come. Fiscal Year 2011 will be the most challenging year the Town has seen and the Town will have to curb spending by a significant amount. While costs such as Sunday hours don’t seem like much, collectively such things add up.
Selectman Bourque said he was a member of the Board when the recycling center was opened in response to dumping in the cemeteries and leaf fires in the gutters. While he understands the budget ramifications, he wants convenient hours for the working public. The recycling center is one of the best value-added services the Town offers. He said the Town must find the money to keep the center open on weekends.
Chairman MacKendrick said November is a critical time for leaf disposal. He said that illegal burning and Fire Department response is also costly.
Public hearing on transfer of all-alcohol restaurant license
At 7:15 p.m., Chairman MacKendrick declared the public hearing on the proposed transfer of an all-alcohol restaurant liquor license from Naked Restaurants, Inc. to Broadway Lights, LLC, dba The Fat Cactus, open. The public hearing was advertised in the Lynnfield Villager edition of October 15, 2009, and the sole abutter, the City of Lynn, was notified by mail.
Attorney Michael McCarthy, offices at 1 Central Street, Wakefield, represented Broadway Lights, LLC, and introduced Mark Carangelo, a partner in that firm, and Matthew Greer, a partner and the proposed new manager. Mr. McCarthy said that the proposal would be transfer the license from Lucille’s, a closed restaurant, to The Fat Cactus, which will be a Mexican-themed, family-oriented establishment.
He said Mr. Carangelo and his wife, Karen, have a five-year history with the Town as owners of the Bostonville Grille on Broadway, and have been good citizens and neighbors and active in the community, supporting youth sports organizations, scholarships and other civic causes. He said all servers of alcohol will be certified through the TIPS program and that the business has all necessary building and sign permits. The business complies with all architectural board requirements. The firm will open a closed facility in a down economy and create 50 new jobs.
Selectman Merritt asked Mr. McCarthy if he is aware of issues raised about signage at the site. Mr. McCarthy responded that he read the Board of Appeals site approval and said The Fat Cactus will not be seeking any relief from zoning except the location of the pole sign, which will remain in its current position. He said the signage would be fully compliant with Town regulations.
Selectman Bourque asked if Mr. Greer would be the manager at both the Bostonville Grille and the Fat Cactus. He was told he will be.
Mr. McCarthy submitted to Board members a binder of thank-you letters from local organizations thanking the Bostonville Grille for its service and support. Selectman Merritt commented that the owners have been very generous.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the transfer of the all-alcohol restaurant liquor license from Naked Restaurants, Inc. to Broadway Lights, LLC, dba The Fat Cactus, 215 Broadway.
No members of the public wished to speak on the matter.
Chairman MacKendrick declared the public hearing closed.
Public hearing on billiard and pool table license
At 7:27 p.m., Chairman MacKendrick declared open the public hearing on the application of Broadway Lights, LLC, dba The Fat Cactus, 215 Broadway, open. The public hearing was advertised in the Lynnfield Villager edition of October 15, 2009, and the lone abutter, the City of Lynn, was notified by mail.
Attorney Michael McCarthy, with offices at 1 Central Street, Wakefield, representing Broadway Lights, LLC, termed this a routine license application.
Selectman Bourque asked what activities would be taking place at the restaurant other than the serving of Mexican food. Mr. Carangelo said there would be a bar area with three pool tables and 10 video games in the dining area.
Mr. Gustus asked about the provision for self-redemption amusement devices. Mr. McCarthy said that these are in the nature of claw machines where the user can win toys and other smaller prizes, or landing a needle on a target to win a keychain. He said Bostonville Grille has similar arcade-style devices.
No member of the public wished to speak on the issue.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the license.
Chairman MacKendrick declared the public hearing closed.
Other licenses
The Board took up the matter of the applications of Broadway Lights, LLC, dba The Fat Cactus, 215 Broadway, for a weekday entertainment license, Sunday entertainment license, automatic amusement device license, and a common victualler’s license. Mr. Carangelo said the requested hours on the weekday entertainment license were 11 a.m. to 1:30 a.m. The firm has also applied for a Sunday entertainment license in order to have mariachi bands and other entertainment during lunch.
Mr. Gustus said the Board can restrict the hours of live entertainment. Mr. Carangelo said that the hours of the entertainment license at Bostonville Grille coincide with closing time. Alcohol is served to 1 a.m., drinks must be off the bar by 1:15 a.m., and the establishment has a reasonable amount of time to remove patrons. If a sporting event goes into overtime or extra innings, removing the patrons before it concludes could create a public safety issue, he said.
Chairman Bourque said that the hours should be consistent with the hours of alcohol service.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the weekday entertainment license request for the hours of 11:30 a.m. to 1 a.m.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to approve a Sunday entertainment license for the hours of 1 p.m. to 1 a.m.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to approve the automatic amusement device license.
On the motion of Selectman Merritt, seconded by Selectman Bourque, the Board voted to approve the common victualler license.
Walnut Street/Gianna Drive traffic mitigation proposal
Public Works Director Dennis Roy said his department hired the traffic engineering firm of Vanasse, Hangen and Brustlin (VHB) to study traffic issues in this area. The firm completed its study and has presented proposed measures. Mr. Roy held a meeting with some neighborhood residents to discuss these proposals. He said they seemed to be in agreement with some of the proposals. One resident on Walnut Street expressed some concerns.
Walnut Street has 20,000 vehicle trips per day, including northbound and southbound traffic. The Gianna Drive neighborhood has only 20 homes, nine of which are in Lynnfield. Mr. Roy said he was not employed by the Town when the Gianna Drive development and the land swap and termination of the Mansfield Road-Walnut Street intersection were agreed upon. He said the resulting sight distances on Gianna existing onto Walnut are problematic, possibly due to ledge and right-of-way issues. He said he believes the proposed solution is the best possible, short of putting traffic signals at the intersection, which cannot be done. He said the intent is to warn drivers on Walnut Street of the approaching intersection and cars existing onto the street from Gianna.
Selectman Bourque asked why traffic signals could not be placed at the intersection. Mr. Roy said the state has requirements about the amount of traffic entering the intersection and the number of accidents at the intersection. He said if the intersection does not meet these requirements, the Town must pay for the signal without state help.
Donald Cook of VHB said that proceeding without state approval could jeopardize its other state roadway improvements funding. The VHB proposal calls for a red flashing LED-style sign on Walnut Street north of the Gianna Drive intersection warning of traffic existing Gianna Drive ahead. The sign would be triggered by a sensor tripped by vehicles approaching the Walnut Street intersection from Gianna Drive.
Mr. Cook said that his firm conducted counts of vehicles and their type, finding 20,000 vehicle trips per day on that section of Walnut Street. The posted speed limit is 30 miles per hours, but the 85th percentile of speeds there is 39 miles per hour. The firm also looked at sight distances at the Gianna-Walnut intersection. Sight distances for both approaches are substandard, he said, and a warning system is justified. The proposal in a concept-level plan, and not a final design, and has been discussed with Town officials and residents. It calls for a microwave vehicle detection system placed 18 feet in the air on Walnut Street across from the Gianna Drive intersection, which would detect vehicles exiting Gianna Drive onto Walnut Street. This detector would trigger a red flashing sign located 300 feet in
advance of the intersection and facing traffic traveling southbound on Walnut Street, warning of the vehicles entering from Gianna Drive. A hard-wired connection between detector and sign is preferred. The Town would need approval of the use of gain space from the utility company. A fallback position would be the use of a wireless connection, which is less desirable. The sign message would have a static warning of the approaching intersection and a flashing message “vehicles entering right.” The most important period is during the morning rush hour.
Mr. Cook said that a similar warning system for those entering Walnut from Gianna posed problems. The existing tree canopy would block the microwave signal and the lack of a warning could be construed as giving the traffic from Gianna the right of way. Failure of the detection and warning system could also cause problems.
Selectman Bourque said accidents occur at the intersection on a regular basis. He expressed concern about whether the microwave detector would detect cars waiting and not moving, or several cars in a queue. Mr. Cook said that a vehicle detector could be placed in the street but would require the placement of a cabinet in the area. He said that the detection system would be tested and adjusted once in place.
Selectman Merritt asked about the effectiveness of this type of sign on drivers. Mr. Cook said that this type of warning sign has significantly reduced the number of rear-end collisions when used to warn of an upcoming red light. Mr. Merritt asked how often it would be activated. Mr. Cook said the peak hour would feature 15 to 20 activations.
Chairman MacKendrick asked if the width of the mouth of Gianna Drive would require the placement of islands to focus traffic into the area monitored by the sensors. Mr. Cook said this would be an issue only if the in-ground sensors are used. He warned the freezing and thawing cycles tend to damage the sensor loops.
Selectman Bourque asked that the police radar trailer be placed on Gianna Drive at the intersection with Walnut to determine the traffic count there. He said he is concerned about the lighted sign causing a problem for neighbors late at night.
Mr. Cook said the proposed cost is $15,000 to $20,000, and the in-ground loop, if used, would add $1,000 to $2,000 to the cost. Trenching could add considerably to the cost.
Mr. Roy said the project would be funded through Chapter 90 money, and that he believes it will be eligible for that funding. The project will use 10 percent of the Town’s annual Chapter 90 allotment.
Selectman Merritt asked if the proposal has been discussed with the Police Department. Mr. Roy said he sent a memo to the chief but has not had a discussion with police yet.
Muriel Cecere of Walnut Street thanked the Board and Mr. Roy and added, “Its’ about time.” She said the number of affected homes seems small, but noted there area also visitors and deliveries to those homes. She wants the mirror located at the intersection to remain to help drivers existing from Gianna see oncoming traffic. She also said that a signal should be placed alerting cars on Gianna to oncoming traffic. Traffic comes in bunches due to the signal on Walnut at Salem. Speeding is also a problem.
Edward South of Mansfield Road agreed the warning for traffic existing Gianna Drive is important and said that he would be happy with a caution or flashing light. He said due to the danger he does not turn left onto Walnut Street, but turns right and later reverses course at a safer intersection.
Tim Hubbard of Walnut Street said the plan does not meet the needs of those who share the Mansfield Road route. He said the area is a “death trap” and gave the Board photos of cars involved in crashes at that location. He said most crashes happen before cars reach Gianna Drive, and said the proposed sign near his driveway will help this. He said a traffic signal is needed at Gianna Drive. He said nothing less will change drivers’ behavior. A consistent speed limit for Walnut Street and more traffic enforcement with ticketing are also needed.
Chairman MacKendrick said that a fatal accident occurred in the area about five years ago. He said short of taking houses and private property, little can be done to straighten the roadway on Walnut Street. No traffic mitigation measures will stop cars from straying over the center line. He agreed more enforcement will help, and said he is willing to listen to any plan the DPW, VHB, Police Department and residents can agree upon. He said the $250,000 cost of traffic lights and the potential loss of Chapter 90 state funds for roads is not an option.
Selectman Bourque agreed that nothing can be done about the design of Walnut Street and that speeding is a problem. He said the Board will ask for more enforcement, as the Police Department has done a good job on Main Street and on other areas. He said the area in question is a difficult one in which to pull a car over, but he said that is no reason to omit enforcement efforts there.
Selectman Merritt asked that the Police Department provide reports on motor vehicle accidents in that area.
Ms. Cecere said that many years ago, it was promised that sight lines would be improved by cutting back the hilly portion on private property. She asked if this could happen. Chairman MacKendrick said that the Board would look into why this did not occur. He said that the Town had difficulties with the developer. Mr. Gustus said the subdivision was built to comply with conditions set by the Lynnfield and Saugus planning boards. Ms. Cecere said Saugus has been non-responsive about the issues.
Robin Kennan of 767 Walnut Street said that old Mansfield Road serves as a common driveway for her house and two others. She said there is no street sign there. Speeding is an issue, and she has seen near-misses with a school bus. The slope of Mansfield Road has prevented snowplows from making it up the hill. She said while the proposed sign is not her first choice, she was happy to see the issues being addressed. She said the hill in question is on her property and she would be fine with it being reduced.
Mr. Cook said less than 15 percent of cars on this portion of Walnut Street are complying with the 30 mph speed limit. He agreed with Selectman Bourque that an attempt to reduce the speed limit here could backfire, as MassHighway tends to use the 85th percentile as an indicator for a suitable speed limit, which would set it at 40 mph. But he said recently MassHighway has been considering other factors, such as roadway geometry and population density.
Ms. Cecere said traffic in the area will increase when the Meadow Walk development opens.
Chairman MacKendrick said he believes progress is being made. He asked Mr. Roy when he could come back with an update. Mr. Roy said specifications must be finalized and that the project should move forward. He suggested reporting back in January, and said a decision must be made about a microwave pole-mounted sensor or a roadway sensor.
Selectman Merritt asked the residents if they wanted this solution, or do not think it will help. Ms. Cecere said the residents are not experts and are eager to grasp at any solution. She said that she realized this will help to a degree, but fears that once the Town expends funds, it will not be willing to spend more money if the problem persists. Chairman MacKendrick said this is not the case. Selectman Merritt asked the residents to discuss the matter among themselves and return with a definitive answer. Residents said they want this plan in addition to enforcement.
Janice Karavetsos of Walnut Street said she does not want the warning sign in front of her house. She said she already has a speeding sign and a sign warning of Gianna Drive there, and that an additional sign would decrease the value of the property.
Budget update
On the current and upcoming fiscal years, Chairman MacKendrick said the goal is maintaining necessary services while avoiding layoffs. This does not mean the Town will ignore issues such as Pillings Pond, Beaverdam Brook and the addition to the high school. The Town will keep making progress on these issues, but fully expects a reduction in local aid.
Mr. Gustus said after the actions taken at the fall town meeting, the Town has a balanced Fiscal Year 2010 budget and has some flexibility to meet a cut in local aid of up to $100,000. The governor is not proposing local aid cuts in the first round of budget cuts, but the state last year had to make local cuts in January. Mr. Gustus said that it is likely the Town can continue without further adjustments to the budget at the special town meeting held concurrently with the annual town meeting in April.
Mr. Gustus said Fiscal Year 2011 is shaping up to be the worst year cities and towns have seen, with two years of declining local revenue and state aid. The Town has made just about all the adjustments it can without cutting into services. With a likely 10 percent reduction to local aid next fiscal year, the Town will have to look at the way it does business. The state has used federal stimulus funds and other one-time revenues to close its budget gap. In addition, now new sizeable developments are expected in time to provide additional Fiscal Year 2011 revenue. Even if the Town uses all of the $541,000 remaining in free cash the Town can only manage level revenue from Fiscal Year 2010 to Fiscal Year 2011.
How can the Town achieve a balanced budget in Fiscal Year 2011? If all budgets are level-funded, with no salary increases, the initial projections show a $500,000 deficit. With no step increases and only the inflationary pressures of fixed costs factored, the budget will increase by $1 million. The school budget grows at about $700,000 per year on average, and 85 percent of those costs are personnel. The Town has a tremendous amount of work to do, and will have to use reserves. The environment is not ripe for seeking more revenue from taxpayers, so expenditures will have to be cut, and this will have an impact on services. It will not be possible to eke out small amounts of savings in all departments and have the sum be sufficient to avoid changes to services. Some offices at Town Hall are staffed by only one person. All
overtime can be eliminated, but it will reduce police, fire and DPW services, and police shifts may be reduced to where there will be a lack of adequate response for public safety. He said one possible solution is closing down government except for public safety, with workers being furloughed without pay. This will have to be negotiated with employee unions.
As the Town begins collective bargaining, it will not be a year to make headway on increasing salaries, Mr. Gustus said. He hopes that FY11 will be the bottom, but warned against exhausting all reserves, as the state has, without provision for future years. Fiscal Year 2012 will likely require the use of reserves, and the recovery is likely 18 to 24 months away, with Town and state revenues lagging the economic recovery by a similar amount of time.
Chairman MacKendrick said all departments will have to focus on their core mission. He suggested that the Town avail itself of energy efficiency reviews offered by local utilities, and allow employees to carry forward vacation from year to year on a limited basis in order to avoid a rush to use up accrued time at the end of the year, which necessitates overtime. Mr. Gustus said this step is already being taken at the Police Department, with the Town buying back vacation time rather than paying for overtime to full vacation shifts. He said staffing in public safety is as lean as possible. He also warned about allowing the carrying over of more than two week of vacation.
Mr. Gustus said that in the absence of agreement with employee units, layoffs will be required.
The Board members agreed a Proposition 2-1/2 override would not be an option. Selectman Merritt asked about milestone dates for the state so that local aid figures could be anticipated. Mr. Gustus said the governor’s budget is usually released in early January, and a joint resolution on local aid is usually made by both houses in April, although this tends to occur only when there is good news. Selectman Merritt noted it is unlikely that firm numbers will be available before April town meeting.
Selectman Bourque said department heads should be asked to give a list of potential cost-saving measures with an attached dollar amount, the impact on services, and whether it is recommended as a course of action. He said every department head should look very strenuously at the operation and the budget. He said one possible area of reduction was in school bus service, but added the public will likely push back on the matter. He said looking at looking at different staffing schedules and other options would help inform budget decisions. In the December meeting, the Board would like to discuss the use of reserves and revolving funds. Selectman Bourque said the fiscal news is grim, but the Town has been fortunate to be well advised over the last 12 months, and voters at town meeting have been receptive to taking necessary
measures.
Other business
Chairman MacKendrick asked if Board members had any other business before adjournment.
Selectman Bourque said he would like to see charter review as an agenda item for a future meeting. He said a Charter Review Committee should be formed and the Board should see who would be interested in serving. He said this will not be a short-term process.
Selectman Merritt said he had solicited from past Board members and moderators their opinions on what portions of the charter are in need of revision. He said the consensus was that needed changes are de minimus and insignificant. He does not believe a charter review will be a good use of time. If specific issues need to be addressed, he would prefer a targeted approach rather than a wholesale review. Chairman MacKendrick said that some review of the charter is needed, but a formal Charter Review Committee is not needed. He said the Board may or may not reach agreement on this issue.
Selectman Bourque said he had no specific areas of the charter he wants changed, but said that it is necessary to review the charter periodically to ensure that it reflects current needs and practices.
Selectman Bourque also noted that the Town’s bicentennial is four years away, and that a committee should be put in place to organize its celebration. The tercentennial of the Meeting House will coincide with this event, Chairman MacKendrick pointed out. He agreed volunteers should be sought to organize the observance. Selectman Merritt said he would like to see private fund raised for this event.
On the motion of Selectman Bourque, seconded by Selectman Merritt, the Board voted to adjourn the meeting at 9:29 p.m.
| 
