November 5, 2019 minutes

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

Chairman Crawford noted that Village Pharmacy will be closing on Thursday. He also said Union Hospital’s emergency room closed on Sunday and that emergency patients will have to be transported to Salem Hospital, extending the travel time for the ambulance and patients.

Application for Change of Officers on all-alcohol restaurant license, Legal Sea Foods, LLC, dba Legal L Bar, 427 Walnut Street

This application for a change of officers applies to all Legal C license holders. This application has been reviewed globally by the ABCC. Local management is not affected.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the application of Legal C Foods, LLC. doing business as Legal C Bar, or a change of officers on its all-alcohol annual restaurant license. Vote was unanimous.

Opt-out decision on opioid litigation negotiation class

The Town’s special counsel for opioid litigation, Scott & Scott, is recommending the Town opt out of the negotiation class certified by the federal court in order for the Town to pursue its current action in state court. Town Counsel Thomas Mullen agrees with this approach, and explained to the Board that if the Town does not opt out it is bound to accept any settlement agreed to for the entire class. The Board must reach a decision by November 22. If it chooses to opt out, the Town will continue to pursue pending state litigation. He said most plaintiff’s attorney are willing to allow the settlement, and that it is smarter to adopt a more aggressive posture. He said this path is the way to ensure the state litigation continues.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Town of Lynnfield opt out of the 'negotiation class' certified by the federal court overseeing the multidistrict opioid litigation, in order that the Town may pursue its state law action against the manufacturers and distributors of opioids, and that the Town Administrator and Town Counsel be instructed to take any and all actions necessary to carry out the Board's intent. Vote was unanimous.

Order of Taking for Parsons Way Ext. as a public way

Parsons Avenue Extension was developed as a subdivision and according to Planning and Conservation Director Emilie Cademartori Town Engineer Charlie Richter it has met all the requirements for acceptance as a public way. Town meeting voted to approve its acceptance last month. The final step in this process is the Board

vote to take the street and all necessary easements. The taking will be recorded in the Registry of Deeds and all property owners notified.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the order of taking for Parsons Way Extension. Vote was unanimous.

Public Employees Committee agreement, provision of health insurance by Group Insurance Commission

Town Administrator Robert Dolan explained that the Town’s agreement with its employee bargaining units and retirees to have health insurance provided through the state Group Insurance Commission is expiring and the Town must notify the GIC by December 1 if it will continue with the GIC for the next three years.

The Town hired Marsh McLennen to provide consultation to the Town and the Public Employee Committee, and to solicit other options. Under state law, any agreement on the provision of health insurance must be bargained by a municipality with the Public Employee Committee, in which every employee bargaining unit is represented and assigned a weighted vote based on its membership, with 10 percent of the vote apportioned to retirees.

The PEC met three times and reviewed the options and voted unanimously to renew with the GIC, which has provided employees and retirees with a number of plan options and has controlled increases in premiums, which had proven to be very volatile under previous providers. He said three single providers submitted proposals, some of which would have resulted in short-range savings, but these proposals would likely have resulted in the insurer incurring losses and the Town would have been exposed to large-scale increases in subsequent years. These proposals also offered far fewer employee and retiree options than the GIC offers.

Chairman Crawford said the GIC offerings are at the low end of costs to the Town and employees and offer many options.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Town of Lynnfield vote to ratify the agreement with the Public Employees Committee and enter into an agreement with the Group Insurance Commission for continued provision of health insurance services to the Town of Lynnfield employees and retirees. Vote was unanimous.

Town Administrator report

Mr. Dolan gave brief updates on school evacuation drills, the recycling survey, moving up of the deadline for capital budget submissions, the rail; trial project, the Strategic Planning Committee, the School Enrollment and Capacity Exploration Committee, and requests for proposals for King Rail gold course clubhouse design and an evaluation of the Town’s public safety buildings.

Request for executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss collective bargaining strategy for which an open discussion may adversely affect the Town’s negotiating position.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to enter executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss collective bargaining strategy for which an open discussion may adversely affect the Town’s negotiating position.

A roll call vote is required. Barret – yes; Dalton – yes; Crawford – yes.

Request for executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss bargaining strategy with non-union personnel for which an open discussion may adversely affect the Town’s negotiating position.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to enter executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss bargaining strategy with non-union personnel for which an open discussion may adversely affect the Town’s negotiating position.

A roll call vote is required. Barret – yes; Dalton – yes; Crawford – yes.

Chairman Crawford announces that the Board will not resume open session.