August 21, 2017 minutes

Chairman Barrett called the meeting to order at 6:00 p.m. He announced that the meeting was being recorded for transmission by cable television. He led those assembled in the Pledge of Allegiance.

Chairman Barrett said that Board members supported the efforts of the Lynnfield for Love organization and declared August 11, 2017 as Race Amity Day. He said he is proud that residents invited him and his colleagues to an event to promote diversity, and that hate has no place in this community.

Little League 11-year-old District baseball team

The sectional champion Lynnfield Little League 11-year-old District Champion team attended to receive a citation from the Board, and individual team members and coaches will receive congratulatory letters. Chairman Barrett read a citation signed by Board members and presented the citation to coached and players, along with congratulatory letters for their fine season. Coaches showed a highlight video of the season. Chairman Barrett said that the team made Pioneer Nation proud. Board members congratulated the team on a fine season.

Historical Commission interview

Robert MacKendrick appeared before the Board and was interviewed about his interest in serving on the Historical Commission. Chairman Barrett said the former assistant fire chief and selectman is well known to the Board and knows Lynnfield history as well as anyone.

MOTION by Selectman Crawford, duly seconded by Selectman Dalton: I move that Robert MacKendrick be appointed to the Historical Commission with a term to expire on June 30, 2019. Vote was unanimous.

Board of Appeals appointments

MOTION by Selectman Crawford, duly seconded by Selectman Dalton: I move that Brian Shaffer be appointed a full member of the Board of Appeals for a term expiring on June 30, 2020. Vote was unanimous.

Mr. Shaffer was an alternate member of the Board of Appeals.

Board members interviewed attorney Anthony Moccia, who reviewed his education, community involvement and legal background, including 36 in practice in the areas of real estate, land use and property rights.

Members of the Board said Mr. Moccia is well respected as an attorney and well suited to this position.

MOTION by Selectman Crawford, duly seconded by Selectman Dalton: I move that Anthony Moccia be appointed as an alternate to the Board of Appeals with a term to expire on June 30, 2019. Vote was unanimous.

Finance Committee appointment

Board members interviewed resident Gail Marcus and David Delory for a vacant position on the Finance Committee.

Ms. Marcus has served on the Town’s Personnel Board and is an assistant professor at the Massachusetts College of Pharmacy and has served in an executive capacity of several non-profit organizations. Mr. Delory has worked in the field of finance for 12 years, and is currently employed as a portfolio manager.

Chairman Barrett said the Board will interview other applicants at a subsequent meeting before voting to fill the vacant position.

Town Meeting Study Committee appointments

The Board interviewed four residents interested in appointment to this newly created committee. They were Jack Adelson, former Personnel Board, School Committee and Golf Course Advisory Committee member; Robert MacKendrick, former selectman and assistant fire chief; Gary Hathaway, the Town’s representative to the North Shore Vocational School Committee, and Richard Regitano, an engineer and local youth sports coach.

Chairman Barrett said the Board will hold off on appointments until all applicants can be interviewed.

Recreational Path Committee appointments

Chairman Barrett recused himself from this portion of the meeting, as his sister owns property abutting a proposed rail trail route.

Selectman Dolan said this committee was originally to include nine members. One of the original appointees, Angela Addonizio, has moved out of Town and resigned, and another has resigned.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move Mark McDonough’s appointment to the Recreational Path Committee be rescinded. The vote was 2-0. (Chairman Barrett not participating.)

The Board interviewed candidates Joel Steiner. He holds an MBA degree and has a background in the biotech field. He said he is neutral on this issue. Resident Gerard Noumi submitted a statement of his educational and professional background. The Board will interview other candidates at a subsequent meeting.

Common victualler license – Countryside Deli, 12 Salem Street – Patrick Mastorilli

Mr. Mastorilli has purchased Countryside Deli from the previous owner, Michael DiCorato. He has submitted the required paperwork and fee and appeared before the Board, whose members wished him good luck.

MOTION by Selectman Crawford, duly seconded by Selectman Dalton: I move that the Board approve the common victualler license application from Patrick Mastorilli, doing business as Countryside Deli. Vote was unanimous.

Petition for change of manager, Efrain Roman, Legal Sea Foods, LLC, dba Legal C Bar, 427 Walnut Street

Legal C Bar submitted an application for a new manager, Efrain Roman, for its Market Street location. He has undergone the required criminal background check and submitted certification of his training in safer service of alcoholic beverages. He told the Board he has 35 years of experience in the restaurant business.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the change of manager petition for Efrain Roman as submitted by Legal Sea Foods, LLC, doing business as Legal C Bar. Vote was unanimous.

Petition for change of manager, Brendan LeBlanc, Kings Bowl of Lynnfield, dba Kings, Market Street

Kings submitted an application for a new manager, Brendan LeBlanc, for its Market Street location. He has undergone the required criminal background check and submitted certification of his training in safer service of alcoholic beverages.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the change of manager petition for Brendan LeBlanc as submitted by Kings Bowl of Lynnfield, dba Kings, Market Street. Vote was unanimous.

Petition for change of officer, Ninety Nines Restaurants of Boston, LLC, dba 99 Restaurant and Pub, 317 Salem Street

The Ninety-Nines corporation has submitted a global change of officer petition that has been approved by the Alcoholic Beverages Control Commission and has been sent to local boards for their ratification. There is no change in the management of the Lynnfield location.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the change of officer petition as submitted by Ninety Nines Restaurants of Boston, LLC, dba 99 Restaurant and Pub, 317 Salem Street. Vote was unanimous.

Request for extended holiday hours, Market Street

Market Street general manager Nanci Horn presented  a request for extended holiday hours for Market Street, as has been approved in past years. This year’s request also includes a request that the It’s Sugar business be allowed additional hours beyond those allowed for non-restaurant uses.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board grant additional hours for Market Street, from Thanksgiving Day 2017 to January 1, 2018 under the terms of the Development Agreement as follows: Opening hours of 7:00 a.m. and closing hours of 11:00 p.m. Vote was unanimous.

During this period, It’s Sugar will be allowed to stay open until 11:00 p.m. on Thursdays, Fridays and Saturdays and to 10:00 p.m. on Sundays.

Personnel Board – proposed personnel bylaw revision

The Personnel Board, Kip Sanford, chairman, will present the proposed revision of the Personnel Bylaw to the Board. The Board will be asked to place a warrant article for this revision on the fall town meeting warrant.

Personnel Board member Michael Griffin noted that the bylaw governs personnel not subject to collective bargaining agreements, including department heads, some administrative personnel, Council on Aging members, and golf course staff, as well as other employees not in bargaining units. The bylaw was last updated in 2005. The proposed revision will conform with state statutes, and the bylaws of other communities were reviewed. Town Counsel Thomas Mullen and Town Administrator James Boudreau reviewed the proposed bylaw.

Mr. Griffin reviewed the major changes to the bylaw. Longevity bonuses, and vacation accrual policies would mirror those in the clerical bargaining unit contract. An additional day of leave will be provided to employees with 16-19 years of service. The cap for sick time will be increased from 120 days to 180 days, with buyback capped at 25 percent (250 hours). Part-time benefits will be extended to employees from 17.5 to 20 hours per week. Maternity leave will be granted after three months service to full-time employees, as required by state law.

Several personnel policies are being drafted or revised to bring the Town into compliance with state and federal statutes. They include those governing criminal background checks, accommodations of employees with disabilities, Code of Ethics, whistleblower protection, sexual harassment, workplace violence, telecommunications.

Chairman Barrett thanked the Personnel Board and clerk Betty Adelson for their efforts. Selectman Dalton asked if all the policies mentioned will be completed by town meeting. Mr. Boudreau said that some must still be drafted. Selectman Crawford suggested that employees be governed by the Code of Conduct adopted by the Board. Mr. Boudreau said this code specifically addresses conduct by elected board members and are not general.

Resident Patricia Campbell said she is glad to see the Personnel Board is again active. She has several questions and comments about how the role of the Personnel Board had changed and specific language in the proposal.

Community Survey Presentation

Planning Board Co-Chair Heather Sievers presented the recreation-related results from the recent community survey conducted as part of the Master Plan review process. She said 906 responses to the survey were received. Many questions included open-ended responses. Responses can be sorted by household makeup and age groups. She said there is a pattern than seniors are concerned about taxes and spending, while younger residents are interested in amenities and programs. Residents were not in favor of repurposing reedy meadow Golf Course. Residents want a playground of single-family housing at the Bail Hai site. Residents prefer that Sagamore Golf Course remain a golf course. People expressed a preference for retaining open space.

Residents were confused about the Community Preservation Act based on their responses.

Residents indicated they would support additional taxes for certain purposes. Young residents favored a new library or recreation center and open space. Seniors were satisfied with current recreational opportunities and facilities while young families wanted more. Younger residents favored greater bicycle access, while seniors did not want these improvements. Asked about the proposed recreational path along the abandoned MBTA rail line, 59 percent of respondents were in favor. Young families were the most supportive.

Residents saw as the Town’s best qualities open space, recreational fields, Town activities, Pillings Pond and golf courses. Residents were dissatisfied with the amount of open space and lack of playgrounds.

The survey results are available through the Town’s website.

Chairman Barrett thanked Ms. Sievers and the Planning Board for their efforts. Selectman Crawford said there is interest in using open space off Carter Road behind the center stores for a dog park. He said additional parking at Jordan Park would require funding.

Recreation Commission - Presentation of new fields policy

The Recreation Commission, Richard Sjoberg, chairman, presented a proposed revision of the fields policy.

Mr. Sjoberg said the new policy involves changes to the permitting process. Activities must apply for a field time. Deadlines have ben revised. Rosters with names and addresses of participants must be provided, along with user fees, schedules of games and tournaments, a list of the Board of Directors, field manager and contact information. Criminal records checks must be provided for all involved with youth activities for ages under 18. Proof of state non-profit status and compliance must be provided, as well as IRS Form 990 with detailed expenses. Bylaws and a code of conduct must be submitted and the Town must be included as an additional insured with limits of $1 million per incident and $2 million total. The Town must be indemnified against claims. If a 501c3 status has not been attained, a financial statement must be submitted.

Board members praised the proposal. Mr. Sjoberg said his board is very active and reviewed the documents thoroughly.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the revised fields policy as presented. Vote was unanimous.

Open fall town meeting warrant

MOTION by Selectman Dalton, duly seconded by Selectman Crawford I move that the Board open the fall town meeting warrant for acceptance of articles. The Board plans to close the warrant at its second meeting in September. Vote was unanimous.

Street signs – Veterans/Gold Star

Veterans Services Director Bruce Siegel said that resident Louis Trapasso puts flags each year on the Todd lane sign to honor the Todd brothers, who died during World War II in service to the nation. He said other communities have signs on streets named for those who died in service to the country and suggested that the Town adopt a similar measure. Board members agreed with the idea and asked Mr. Siegel to bring a proposal to the Board.

Revised Sewer agreement: Town of Wakefield, Market Street, MWRA

A proposed revision to the sewer agreement agreed to by the Town, National Development, Wakefield and the MWRA has been reviewed by outside counsel. The counsel is satisfied that the Town is protected by the new proposal.

MOTION by Selectman Crawford, duly seconded by Selectman Dalton: I move that the Board approve the revised sewer agreement as presented. Vote was unanimous.

Exemption for Finance Committee member under Chapter 268(A) Section 20(B) for municipal contract for DJ services

Robert Priestley is a member of the Finance Committee and his family business, the Priestleys, is contracted to provide disc jockey services for the September 11 First Responders Day event, as it was last year.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to grant and exemption for Finance Committee member Robert Priestley under Massachusetts General Laws, Chapter 268(A) Section 20(B) for a municipal contract for DJ services for the First Responders Day event. Vote was unanimous.

Ratification of contracts with Department of Public Works bargaining unit, clerical workers bargaining unit

The Board is asked to approve the final contracts for the Public Works and Clerical bargaining units, provisions of which were previously approved by the Board when they ratified the Memoranda of Understanding between these bargaining units and the Town.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the contract between the Town of Lynnfield and the Department of Public Works bargaining unit for the period July 1, 2016 to June 30, 2019 as presented. Vote was unanimous.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the contract between the Town of Lynnfield and the Clerical bargaining unit for the period July 1, 2016 to June 30, 2019 as presented. Vote was unanimous.

Selectmen Update:

Townsend Award (Chairman Barrett); Nominations are being sought for the Townsend Award for Excellence.

Healthy Lynnfield (Selectman Crawford): The Healthy Lynnfield coalition received a grant from the Lahey Foundation.

Town Administrator Update:

Mr. Boudreau gave brief updates on the upgraded website, the Town’s Facebook page, state approval of the remediation plan for the Parley Burrill site, the Longbow Circle drainage project, and the Tennessee Gas line maintenance project, which will clear vegetation along the pipeline easement to allow for visual inspection of the line for leaks by fly-over. Work will begin in September, and all vegetation above three feet high and any permanent structures along the easement will be removed. About 75 parcels in Town are affected. Agents of the company will be leaving information at residences.

Public Comment

Resident Debbie Laconte said she is disappointed to see the number of trees removed during site work at the Middle School fields project. She said it deprives neighbors of privacy barriers. Fields Committee Chair Arthur Bourque visited the site and said he was not aware so many trees would be removed. She said trees also help with the area’s low water table. She asked that shrubs and fencing be used to restore the privacy barrier if funds are left over from the project. Mr. Boudreau said that he spoke to Mr. Bourque and that they will look into a green vegetative screening.

Resident Alan Dresios congratulated Ms. Sievers for her work on the master plan survey but cautioned the Board about drawing too many conclusions from its results, as they are no normalized to ensure the sample reflects the general population.

Use of Town Facilities

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the use of the common on September 11, 2017 for the First Responders Day event. Voted was unanimous.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve a banner be raised above the common from August 29 to September 11, 2017 for the First Responders Day event. Vote was unanimous.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the use of the Town streets for the Best Buddies Race on October 1, as proposed, and with whatever requirements or restrictions may be imposed by the Police Department and Department of Public Works. Vote was unanimous.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board adjourn. Vote was unanimous.

The Board adjourned at 9:10 p.m.