March 23, 2020 minutes

Meeting date: 
Monday, March 23, 2020

Board of Selectmen

March 23, 2020

Regular Session

Conducted remotely via Zoom

 

Present:

Philip Crawford, Chairman

 

Christopher Barrett, Selectman

 

Richard Dalton, Selectman

 

Chairman Crawford called the meeting to order at 7:01 p.m. He noted that the meeting was being recorded for cable television transmission and being conducted by remote participation under the guidelines promulgated by the Governor. The Board and participants recited the Pledge of Allegiance.

 

Town Administrator Robert Dolan read a statement from Fire Chief and Emergency Management Director Glenn Davis explaining to residents how to access emergency services and the information they should give to emergency dispatch regarding their symptoms. There are 73 cases in Essex County and six cases in the Town of Lynnfield. He reviewed social distancing and hygiene recommendations. Town Hall is closed to the public but department heads are returning phone calls. Schools, the library, the senior center and the golf courses are closed. Resident

 

Closing of annual town meeting warrant

Town Administrator Robert Dolan explained that the annual warrant consists of the usual articles, as well as three articles unique to the 2020 warrant: the bylaw prohibiting seating of minors at the bar in liquor establishments; an article transferring funds for upgrades to the common, and a petition article seeking to require a 2/3 vote for approvals of any amendment to the zoning bylaws, regardless of other actions taken.

 

LYNNFIELD TOWN WARRANT

THE COMMONWEALTH OF MASSACHUSETTS

ANNUAL TOWN ELECTION - APRIL 14, 2020 ANNUAL TOWN MEETING - APRIL 27, 2020

 

Essex, ss.

To the Constable of the Town of Lynnfield in the County of Essex, GREETINGS:

 

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet in their respective polling places in said Lynnfield, on Tuesday, April 14, 2020 at 7:00 a.m., then and there to bring in their votes on one ballot for the choice of all necessary Town Officers for the ensuing year, chosen in this manner, viz.: one Board of Selectmen member for three years; one Town Moderator for one year; one Board of Assessor member for three years; one Board of Library Trustees member for three years; one Board of Library Trustees member for one year; one School Committee members for three years; one Planning Board member for five years; one Housing authority member for five years; one Housing Authority member for the remaining two years of an unexpired term.

 

The Polls in each precinct will open at 7:00 a.m., and will be closed at 8:00 p.m., on said April 14, 2020.  The polling places for voters in Precincts 1, 2, 3 and 4 will be at Lynnfield High School, Essex Street, all in said Lynnfield.

 

And you are further directed to notify and warn the inhabitants of the Town of Lynnfield qualified to vote in elections and Town affairs, to meet in the Middle School Auditorium, Cafeteria, and the Gymnasium, if necessary, on Monday, April 27, 2019 at 7:00 p.m., then and there to act on the following articles:

 

ARTICLE 1. To act on reports of Town officers and special committees as published.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 2. To choose all Town officers not required to be chosen by ballot: viz.; three field drivers, one pound keeper and three wood measurers.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 3. To see if the Town will vote to FIX THE COMPENSATION of each of the Elective Officers of the Town as required by General Laws, Chapter 41, Section 108, as amended.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer from available funds, sums of money to supplement certain accounts in the current 2020 Fiscal Year where balances are below projected expenditures for various reasons; or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 5.  To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, sums of money to pay overdue bills of a prior fiscal year, or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 6. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds, or otherwise, a sum of money for the necessary Town charges and expenses; or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 7. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, sums of money for the purchase of various equipment and items in the nature of capital expenditure and to give authority to credit the value of the various old equipment to be turned in toward the purchase price of said items, said sums of money to be expended under the direction of various Town boards, committees, or officers; or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 8. To see if the Town will vote to raise and appropriate and/or appropriate by transfer from available funds a sum of money for the town’s Stabilization Fund, or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 9. To see if the Town will vote to establish, with respect to each of the following revolving funds, the following limits on the total amount that may be expended from each such fund in Fiscal Year 2021:

 

 

Revolving Fund

Maximum Expenditure

Council on Aging

$  50,000

Board of Health

$  15,000

Library

$  10,000

Recreation

$325,000

Public Works – Fields

$  75,000

Public Works – Merritt Center

$  10,000

 

or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 10. To see if the Town will vote to appropriate a sum of money from Emergency Medical Service Enterprise receipts to pay expenses and contractual services required to operate the emergency medical service in the Town of Lynnfield, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2021 from persons using said service; or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 11. To see if the Town will vote to appropriate a sum of money from Golf Enterprise receipts and/or Golf Enterprise Retained Earnings to pay expenses and contractual services required to operate the Reedy Meadow Golf Course and King Rail Golf Course, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2021 from persons using the golf courses; or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 12. To see if the Town will vote to appropriate by transfer from available funds, or from any or all such sources, a sum of money for improvements to the Town Common, such funds to be available for expenditure in Fiscal Year 2020, or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 13. To see if the Town will vote to amend the General Bylaws by adopting as Chapter 169 thereof the following:

 

Chapter 169 – Liquor Licensees With Bars

 

  1. Minors Prohibited From Sitting at Bar.  In any restaurant, club or other facility where a bar is operated under a liquor license issued by the Board of Selectmen pursuant to G.L. c. 138, it shall be unlawful for the licensee to permit any person under the age of twenty-one (21) years to be seated at the bar at any time.

 

  1. Posted Notice of Prohibition.  In any such restaurant, club or other facility, one or more signs shall be prominently posted in such a manner as to be

plainly visible to anyone seated at the bar, which sign(s) shall state that persons under the age of twenty-one (21) years may not sit at the bar.

 

  1. Condition of License. The Board of Selectmen may include compliance with this bylaw as a condition of any liquor license for a licensee that operates a bar.

 

  1. Enforcement.  This bylaw shall be enforced by the Police Department. Any violation of this bylaw shall be punishable by a fine of three hundred dollars ($300).  In the case of a continuing violation of subsection (2), above, each day during which the violation continues shall be treated as a separate violation.  Where compliance with this bylaw has been made a condition of a liquor license, such fines may be assessed notwithstanding that the Board of Selectmen takes action to suspend or revoke the offender’s liquor license under G.L. c. 138, § 64.

 

or to take any other action in action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 14. To amend the Zoning Bylaws, Town of Lynnfield, by adding the following text to the end of Section 1.5 Amendments:

 

“Regardless of any provisions to the contrary any amendment, adoption, or change to the Zoning Bylaws, Town of Lynnfield, shall require a two-thirds vote of a Town Meeting.”

Submitted by PETITION

 

 

And you are further directed to serve this warrant, by posting up attested copies thereof, in at least six public places in said Town of Lynnfield, seven days at least before the time of holding said meeting.

 

HEREOF FAIL NOT, and make due return of this Warrant, with your doings thereon, to the Town Clerk, at the time and place of meeting, or before hand as aforesaid.

 

Given under our hands this 23rd day of March in the year of our Lord two thousand and twenty.

 

Christopher J. Barrett, Chairman

Richard P. Dalton, Selectman

Philip B. Crawford, Selectman

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to close the warrant and include the articles submitted and enumerated as read. Vote was unanimous.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board refer the petition article to the Planning Board for public hearing. Vote was unanimous.

 

Declaration of a state of emergency

Chairman Crawford said that the Town’s Emergency Management team convened on March 16 and said Mr. Dolan, Chief Davis and Assistant Town Administrator Robert Curtin have been working many hours.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton:  I move that the Board declare a state of emergency in the Town of Lynnfield as follows:

 

WHEREAS, the 2019 Novel Coronavirus (COVID-19) is a highly contagious and potentially fatal respiratory disease, the prevalence of which is increasing rapidly throughout the world, inclusive of the United States and the Commonwealth of Massachusetts; and

 

WHEREAS, on March 11, 2020, the World Health Organization designated the COVID19 outbreak a Pandemic Health Emergency; and WHEREAS, on March 10, 2020, the Governor of the Commonwealth of Massachusetts issued a Declaration of a State of Emergency to Respond to COVID-19; and

 

WHEREAS, on March 13, 2020, the President of the United States announced a national declaration of emergency; and

 

WHEREAS, on March 15, 2020, Governor Baker announced emergency actions to respond to the evolving COVID-19 public health emergency impacting the Commonwealth, including prohibitions on public gatherings of twenty-five or more people and prohibiting on-premises consumption of food or drink at bars and restaurants from March 17, 2020 until April 6, 2020, as well as suspension of elementary and secondary school educational operations from March 17, 2020 until April 6, 2020; and

 

WHEREAS, the Board of Selectmen of the Town of Lynnfield, in consultation with the State Department of Public Health has determined that COVID-19 presents a major disaster which poses an immediate threat to public health, safety, and general welfare of people residing both within and outside of Lynnfield; and

 

WHEREAS, the Board of Selectmen of the Town of Lynnfield has determined that immediate public action is needed in order to prevent or minimize the spread of COVID-9 by and among the people of Lynnfield; and

 

WHEREAS, it is critical to take additional steps to prepare for, respond to, and mitigate the spread of COVID-19 to protect the health and welfare of the people of Lynnfield; and

 

WHEREAS, declaring a state of emergency will facilitate and expedite the use of resources to protect persons from the impacts of COVID-19, including but not limited to emergency expenditures pursuant to Massachusetts General Laws, Chapter 44, Section 31 and limitations on operating hours and access to public buildings; and

 

WHEREAS, the Board of Selectmen of the Town of Lynnfield has recommended that a state of emergency be declared in the Town of Lynnfield.

 

NOW THEREFORE, we, the Board of Selectmen of the Town of Lynnfield, Massachusetts, hereby declare that as of March 16, 2020, a state of emergency exists in the Town of Lynnfield. This declaration of emergency shall remain in effect until further notice is given, pursuant to our judgment that the conditions leading to this declaration no longer exist.

 

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

 

Mr. Dolan explained how this will allow the Town to implement certainly emergency measures and will make the Town eligible for reimbursement of certain expenses incurred due to the public health emergency. He said at next week’s meeting the Board will consider whether to postpone to town election to a date certain. He explained that there will be absentee ballots available, and that the necessary precautions will be taken once the election is held.

 

Approval of seasonal liquor licenses

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the seasonal liquor licenses for Reedy Meadow Golf Course and Sagamore Golf Course be renewed for 2020.

 

Selectman Barrett said that the Town’s Facebook page lists businesses that remain open. Chairman Crawford said that all residents should take the steps necessary to stay healthy.

 

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

 

The Board adjourned at 7:11 p.m.