February 27, 2017 meeting minutes

Chairman Crawford called the meeting to order at 7:00 p.m. Chairman Crawford announced that the meeting was being recorded for transmission by cable television. He led those assembled in the Pledge of Allegiance.

Annual joint meeting, Lynnfield Center Water District

Pursuant to Section 108B, Chapter 41, of the General Laws of the Commonwealth of Massachusetts, the Board of Selectmen and the Board of Water Commissioners of the Lynnfield Center Water District was called to set the salary to be paid to the Tax Collector and the Board of Assessors for work performed for the District in Fiscal Year 2018. Commissioners Richard Lamusta, Constance Leccese and Kenneth Burnham were in attendance.

On the motion of Commissioner Leccese, duly seconded by Commissioner Burnham, the joint meeting voted unanimously to name Chairman Crawford as chairman of the joint meeting.

On the motion of Commissioner Burnham, duly seconded by Commissioner Lamusta, the joint meeting unanimously voted to waive the reading of the minutes from the February 22, 2016 joint meeting.

On the motion of Commissioner Lamusta, duly seconded by Commissioner Leccese, the joint meeting unanimously voted to approve compensation for Fiscal Year 2018 annual compensation for services rendered to the Lynnfield Water District to be set as follows: Tax Collector, $550, and Assessors, $300 each.

On the motion of Commissioner Leccese, seconded by Commissioner Burnham, the joint meeting unanimously voted to adjourn the meeting sine die. The meeting was adjourned at 7:08 p.m.

Appointment of police patrolman

Police Chief David Breen said that the state civil service division has certified the police patrolman test results and that Lynnfield Alex Doto, a 2006 Lynnfield High School graduate, was ranked first of all those who signed to be considered for the position and completed the employment application. He is a 2011 graduate of Salem State College and completed the police academy in 2012. He will be able to hit the found running after some field training. He is currently employed as a patrolman by the Town of Groveland.

Chairman Crawford said he was glad that a local resident with experience was found and welcomed Mr. Doto to Town service. Selectmen Barrett and Dalton expressed similar views.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to authorize the town administrator to complete the process to appoint Alexander Doto as patrolman in the Lynnfield Police Department.

Appointment of police sergeant

Chief Breen said the highest scoring candidate among Lynnfield patrolman on the recent sergeant exam was Christopher DeCarlo, who has been of great assistance to the department in its review of policies and procedures. He is a graduate of the Massachusetts School of law and passed the bar examination in 2015.

Chairman Crawford thanked Patrolman DeCarlo for all he does for the Town and said he was happy to see him moving forward for promotion. Selectmen Barrett and Dalton expressed similar sentiments and offered their congratulations.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to authorize the town administrator to complete to process to promote Christopher DeCarlo to the rank of sergeant in the Lynnfield Police Department.

Retirement of Police Sergeant David Mayerson

Chief Breen said that he wanted to acknowledge the recent retirement of Sergeant David Mayerson after several decades of service as a police officer and thanked him for all he has done for the Town and the department. He singled out his efforts in assisting the department with information technology issues.

Chairman Crawford read a proclamation saluting Mr. Mayerson for his service, and the proclamation was signed by the Board members and presented to Mr. Mayerson.

Retirement of Call Firefighter Kenneth Carter

Fire Chief Mark Tetreault said that Kenneth Carter retired from the department after 37 of years of service and spent countless hours at the expense of his personal and family time to serve the Town.

Chairman Crawford read a proclamation honoring Mr. Carter for his decades of service to the Town and the department, and the proclamation was signed by members of the Board and presented to Mr. Carter.

Recreation Path Committee interview

Sheila Aronson of October Lane appeared before the Board to interview for a position on the Recreational Path Committee. She has been a resident of the Town since 1991 and has worked for years in the high-tech industry. She is a bicyclist and advocate of the recreational path, and said her brother and a friend were both struck by cars while riding bicycles on the street. She believes that path will be an asset to the community.

Appointments to Recreational Path Committee and charge

Chairman Crawford said he has researched in the last weeks how other communities have handled committees of this type and said many have larger committees of 9-12 members. He proposed adding to the current committee all five candidates who have come forward in recent weeks. He also suggested a new charge be created for the committee, since the original committee was appointed about 15 years ago.

Selectman Barrett said that the committee has done a good job and been aggressive in looking at other locations. He asked the committee to get as much input as possible and look at alternative areas as well as the abandoned rail corridor. Selectman Dalton said that expanding the committee membership is proper and that the charge will be important.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to expand the membership of the Recreational Path Committee to nine.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Angela Addonizio, Robert Almy, Sheila Aronson, Marilyn Orfeo and Russell Randall to the Recreational Path Committee.

Resident Patricia Campbell said that she heard that applicants were told if they opposed the proposed rail trail they would not be appointed. Chairman Crawford said that applicants were told that if they or a close relative were owners of abutting properties, they would not be appointed because they would be in conflict of interest under state ethics laws.

Resident Debby Laconte asked if the Town should know whether prospective committee members favored ordo not favor the proposed path before they are appointed. Selectman Dalton said the committee is only an advisory committee and the Board will draw its own conclusions.

Mission Statement

The mission of The Recreational Path Committee is to identify linear corridors that offer opportunities for conversion into trails, assess potential for development and study the feasibility and design of such a trail conversion. The Committee is to help identify and address the many questions and concerns that the residents of Lynnfield may have regarding any potential project. 

Responsibilities and Functions

There are many issues on which the Town must come to a consensus that will affect how a trail conversion proceeds. These issues include, but are not limited to:

            Conceptual design of the trail, including dimensions of the trail and materials used to construct the trail,

            Financial resources to design and construct the trail,

            Environmental issues,

            Impact on and concerns of abutters to the trail,

            Engineering and safety concerns, including street crossings and bridges,

            Parking and other amenities needed to support a recreational trail

            Ongoing maintenance and other costs the Town must consider

The Committee will develop a process for addressing all these issues and concerns through public meetings and public hearings. This may include the commission of a formal study by an engineering firm that specializes in trail conversions.

Membership and Officers

All appointments shall be for an indefinite term, until the Board of Selectmen feels the mission of the Committee has been accomplished, or that membership needs to be changed in order to keep the work progressing. The Board of Selectmen will appoint a temporary Chairman. A permanent Chairman and clerk shall be elected by the membership of the Committee. The Clerk shall ensure that all meetings are properly posted and that minutes of each meeting are kept. Minutes of the Committee's work shall be prepared and made public by the Committee promptly, with copies filed with the Town Clerk and sent to the Board of Selectmen on a regular basis.

Compliance with State and Local Law

Chairman Crawford said this charge would allow the committee to examine alternative routes throughout the Town. Selectman Dalton said he likes the idea of appointing a temporary chair and would like to expand the charge to examining costs and adding other specific language. Chairman Crawford said the charge could be adopted now and amended at any time. Selectman Barrett said he supports the charge and looking at more than one possible location.

Resident Erin Homan asked if there is a conflict to not allowing abutters on the committee. Chairman Crawford said that if a member is an abutter to proposed alternate route, they must resign from the committee. He noted the rail bed route is the only path being examined now. Resident Regina Mayo asked if all members are residents of the Town. She was told they are.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to adopt the charge as presented above.

Chairman Crawford proposed the appointment of Randall Russell as temporary chairman, saying that among a group of impressive applicants he stood out due to his consulting background.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Randall Russell as temporary chairman of the Recreational Path Committee.

Fire Department budget presentation

Chief Mark Tetreault appeared before the Board to review his proposed Fiscal Year 2018 budget. He said in his last appearance before the Board, he was asked about the overtime budget. He said that while $87,000 is budgeted for overtime, only $50,000 was spent in Fiscal Year 2016. He said that amount was below the budgeted amount for that year, as a senior members pf the department had retired and was replaced by a recruit. He said there will be an impact on overtime with the new staffing model, and he was asked why overtime would increase. He said he expects overtime to be stable, and that the callback budget will be reduced as career firefighters will be covering the stations for more hours per week. But there will be an offset as career staff will be eligible to cover at overtime vacant shifts under the new staffing model.

Chairman Crawford said he met with Chief Tetreault. Fire Lt. James Alexander, and Mr. Boudreau about this issue, and that Lt. Alexander had a more detailed breakdown. He said he favors holding off on the clerical request and looking at it again in the fall. Chief Tetreault said it is reasonable to give time to see how the new staffing model works.

Chairman Crawford said he would also like to see how the new emergency medical services (EMS) billing policy and billing contractor work as well, He said that he would look at the request for a new ambulance in the fall to see what the retained earnings in the EMS account look like.

Selectman Dalton said he is concerned about going to town meeting without a clear explanation of the overtime issue, and noted this would be the second year in which that line item was increased. He said he would like to see additional information on the calculation before town meeting. Chairman Crawford asked the chief to look at the matter again, as the new staffing model went into place on January 1.

Recreation Commission budget presentation

Recreation Commission Chairman Richard Sjoberg said that Recreation Director Julie Mallett has obtained certification as a Park and Recreation Professional after completing all requirements. He reviewed highlights in recreational programming and the rapid growth in the number of and attendance for programs and trips in recent years. He reviewed the Recreation Commissions visions statement and goals. He noted the Lynnfield Community Connections program is now under the umbrella of the Recreation Commission.

He said the commission wants to establish a scope and vision for a recreational center, scheduling visits to centers in other communities. The commission is working with the Department of Public Works on the new field maintenance standards, and will review them with the local sports leagues.

Mr. Sjoberg said that the director’s salary is well below that of her peers in similar sized communities that offer fewer services. The commission is proposing an increase in salary from $54,000 per year to $69,000 per year.

Chairman Crawford said he appreciates the works done by Ms. Mallet and congratulated her on the certification. He noted that few other Town departments self-fund their programs. The Recreation Commission last year requested a salary increase from the director from $45,000 to $54,000, a 20 percent increase. He said the position was increased from part-time to full-time a few years ago. He said he supported the significant increase last years but cannot do so this year, which is not a reflection on Ms. Mallett but on two consecutive years of requested pay increases of 20 and 27 percent, which would set a bad precedent. He said he would be willing to revisit the matter in a year or two, with updated comparable data. Mr. Sjoberg said he would be happy to provide additional comparable data.

Selectman Barrett thanked the commission for its hard work and said the day-to-day work falls on Ms. Mallet and fields director Joe Maney. He said he thought the increase for the director did not go far enough last year in view of the expansion of services and programs. He said he fully supports the commission’s request. Mr. Sjoberg said the commission was trying to move her to an appropriate salary over two years.

Selectman Dalton said that he understands Chairman Crawford’s concerns, but said that he looks at performance when considering compensation. He said he has no reservations about adjusting the salary as it is warranted by looking at her performance and contributions. He said he fully supports the commission’s request.

Ms. Campbell said that she would like to see the commission address the needs of senior citizens. She said some people would prefer not to go to the Senior Center. She asked about programs and trips planned for seniors. She also said she wants to see performance evaluations for employees. Chairman Crawford said that last subject will be discussed later tonight. Mr. Sjoberg said that the commission is looking at issues raised by Ms. Campbell, and said it will reach out to seniors but does not wish to duplicate Senior Center programming.

School Department budget presentation

Superintendent of Schools Jane Tremblay presented the School Department budget request for Fiscal Year 2018. She reviewed the Lynnfield Schools mission statement and vision and the district strategy. She said the elementary schools’ standardized test scores are among the best in the state, and the middle school has made great strides as evidenced by its scores. The high school’s scores are high and performance on the Scholastic Aptitude Test and Advanced Placement exams are consistently high.

Ms. Tremblay said that next year will be the second year the schools offer tuition-free full-day kindergarten. The tuition account will be spent down completely during 2019. She said this initiative has been successful and is important because it offers equal access to educational services for all students.

Two additions to the existing staffing are being requested: elevating a part-time school psychologist position to full time, and increasing a part-time world language teacher at the middle school to full time. In special education, the increase is chiefly due to out-of-district tuition and transportation. One elementary school psychologist has a caseload of 78 students and the end of the last school year. The position will address a need to address social and emotional issues early in a student’s academic career to help build a good academic foundation.

Ms. Tremblay said the additional hours for a world language teacher at the middle school would make the French teacher full-time, and allow the teacher to offer a cultural studies course to students who are not taking a world language but may do so in high school, instead of having those students in a study hall. She said it is difficult to retain teachers in part-time positions. No qualified applicants were received for a part-time position in that discipline.

The special education budget is increasing due to out-of-district tuition and transportation and extended-year programming. Outie placements are arranged when in-district options are exhausted. Some are residential placements that can cost over $200,000 per year. Several students are moving into Lynnfield with educational plans requiring outside placements, and the transportation costs are tied to the tuition costs. The extended-year program must be offered to students who would otherwise regress during the summer months. Additional in-house programs helped arrest the growth of the outside placements costs, but there has been an upward trend in outside placements since Fiscal Year 2015 even with the additional in-house programming.

In response to questions from Board members, Ms. Tremblay explained the detailed process that leads to the formulation of individual education plans and how it is decided when an in-house program would not meet the student’s needs.

Ms. Tremblay said athletic expenses are increasing due to higher costs of renting buses. She is working with the Department of Public Works on this issue.

Ms. Tremblay said that the teachers’ contract is in the second of a three-year term. One paraprofessional position and one special education aide position are being eliminated due to increased training for special education staff. One classroom at Summer Street School is being eliminated based on enrollment. Class sizes will be maintained within guidelines, and no teacher layoffs will take place, as the position is being eliminated through attrition.

The capital budget request is level-funded at $250,000 for the continuation of the technology replacement program. Ninth graders will get new Chromebooks and middle school students will get the Chromebooks turned in the graduating seniors. Selectman Barrett noted the capital appropriation has not changed in years and asked if it is sufficient. Ms. Tremblay said that it is sufficient for the present, and additional capital funds would not be her top priority. The proposed operating budget of $23,730,038 represents a 4.0 percent increase over current funding.

Chairman Crawford said in his ten years of reviewing school budget requests, this is one of the smallest increases he has seen. If additional funds required for special education are not considered, the increase is only 2.7 percent, which is in line with the schools’ contractual obligations. He commended the School, Committee and school administration and asked about plans on substance abuse education.

Ms. Tremblay said the schools are looking carefully and the social and emotional part of education and embedding that in regular conversations with students. She would like to have the services of speakers for parents on many subjects.

Selectman Barrett commended the committee, Ms. Tremblay and School Director of Finance Thomas Geary for the schools; success in and outside of the classroom. He asked if Ms. Tremblay was comfortable with progress on security issues. Ms. Tremblay said she is, and has been working with the police, DPW and town administrator on this issue. The DPW is planning a $150,000 funding request for additional security measures in the schools.

Selectman Dalton commended Ms. Tremblay for a very thorough and understandable presentation.

Ms. Campbell asked about the growth in the psychologist salary line item in past years. Director of Special Services Kara Mauro reviewed the shift to staff member over contractual services in this area, and reviewed duties and staffing levels at each school.

Ballot question on sale of recreational marijuana

Chairman Crawford reviewed proposed language from Town Counsel Thomas Mullen on a proposed ballot question of the banning of the sale or non-medical marijuana for the April town election ballot.

Shall the Town of Lynnfield adopt, and shall the Lynnfield Town Meeting be authorized to adopt, the following bylaw amendments:

A.        An amendment to the Zoning Bylaws adding as Section 7.7 the following:

“7.7     Marijuana Establishments Forbidden

“The operation of any marijuana establishment, as defined in G.L. c. 94G, § 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, is prohibited in all zoning districts of the Town.  This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.”,

and

B.        An amendment to the General Bylaws adding as Chapter 170, Section 170-1, the following:

“170-1.  Marijuana Establishments Forbidden

“The operation of any marijuana establishment, as defined in G.L. c. 94G, § 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, within the Town is prohibited.  This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.”

provided that the Lynnfield Town Meeting may reasonably vary the form of the said bylaws within the scope of the general public objectives of this authorization?

Chairman Crawford said that Peabody is considering a ban on the public smoking of marijuana. Mr. Boudreau said he believes it is restricted already.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to send the language above to the April town election ballot.

Request for transfer of the former South Branch Library to the American Legion

Former Veterans Services Director Jason Kimball said that he joined the local American Legion post when he took the veteran services position and that its membership has grown. Several decades ago, communities were given money by the state to purchase land for an American Legion post. Lynnfield never did so, and by special legislation was allowed to move those funds to the general fund to pay for observances on Memorial Day and Veterans Day. The South Branch Library at 630 Salem Street ceased to be a library over 25 years ago and is now used only for storage. If the building was given to the American legion it would be used as a meeting space and no liquor license would be sought and no renting of the facility would be permitted. The building dates from 1925 and needs serious repairs and septic system work.

Mr. Boudreau said the transfer of the building would have to be approved by town meeting. He has concerns about whether the building can be rehabilitated. He said he would sate up a visit with Mr. Kimball, Building Inspector Jack Roberto and Public Works Director John Tomasz.

Mr. Kimball said a curb cut would be needed and parking could be made available behind the South Fire Station. He said the lease could be made contingent on fundraising for the building’s rehabilitation and the assessment of its suitability. He said he is confident the significant funding needed can be raised.

Board of Selectmen goals and tracing procedures for projects

Selectman Dalton said that he has drafted a document to allow the Board to track issues to ensure there is progress on them at their various stages. He said the report on progress could be shared with the community via the Town’s website. After the Board sets its goals, there will be goals for the town administrator and department heads. Department heads would be asked to report to the Board on a quarterly basis. Budget presentations would be more formal and detailed. Department head performance reviews would be based on progress made toward the stated goals.

Chairman Crawford suggested that several items be chosen from the list for each agenda. He and Selectman Barrett agreed that it should be posted to the website to show the progress being made on various issues. Mr. Boudreau said that the Board should set its goals, and that goals for the town administrator and the department heads would flow from those goals.

Mr. Boudreau reviewed the progress being made on several of the items listed in the document presented by Selectman Dalton, including improvements to the Town’s financial reporting and accounting software, applying for Community Compact grants for online permitting software and mapping and upgrades to the Town’s website; the opening of proposals for the purchase of the Center Farm property of Friday; state approval of the asbestos removal plan for the Perley Burrill property and septic system upgrades at that property; the refiling of legislation that would allow the Town to provide affordable indemnification to the MBTA so that it would be allowed to breach the culvert at Reedy meadow; advertising of the bids for the Longbow Circle drainage work; efforts to obtain easements from property owners to allow for drainage improvements on Ledge Road and Canterbury Road; work on receiving an order of conditions and reduction of costs for the King Rail golf course project.

Opening of the annual town meeting warrant

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to open the annual town meeting warrant for the submission of warrant articles.

Public comment period

Resident Jill Giugliano discussed reports of people being injured or attacked when utilizing recreational paths in Everett, Marblehead and Milton.

Use of Town facilities

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the use of the South Fire Station for a car wash for the Lynnfield High School boys’ soccer team on September 17, 2017.

Approval of minutes

On the motion of Selectman Dalton, duly seconded by Chairman Crawford, the Board voted to approve the minutes of the meeting of December 19, 2016 with one minor correction.

One-day liquor license

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a one-day liquor license for the Knights of Columbus, Post Office Square, on March 26, 2017.

Other business

Chairman Crawford congratulated the Lynnfield High School athletic teams on a fine winter season and Sara Bunar for winning the state diving championship for the second year.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to adjourn at 9:51 p.m.