September 9 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 said that Town Clerk Trudy Reid wishes to inform residents that the last day to register to vote for the September 26 special town meeting is on Monday, September 16. The Town Clerk's office will be open from 8 a.m. to 8 p.m. on that day. Anyone new to Town or never registered and interested in voting at the meeting must be registered by September 16.  One must attend to vote; state law does not allow absentee voting for town meetings.

Application for Change of Officers/Directors, Whole Foods Market, 427 Walnut Street

Attorney David Libardoni of Nutter McClennen Fish, representing Whole Foods explained this application for a change of officers/directors. He said the company will no longer be publicly traded, as it is now owned by Amazon.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the application of Whole Foods, Inc. doing business as Whole Foods Market, for a change of officers/directors on its all-alcohol annual restaurant license. Vote was unanimous.

Appointment of candidate for treasurer, Leslie Davidson

Treasurer and Tax Collector Christine O’Sullivan has announced that she is retiring from her position after 32 years of service to the Town of Lynnfield, effective October 31.

Town Administrator Rob Dolan explained that he, with the assistance of Town Accountant Julie McCarthy, reviewed the applicants for the position of Town Treasurer/Tax Collector and conducted interviews with four candidates. They are recommending the appointment of Leslie Davidson to the position of Treasurer/Tax Collector and Pre-Tax Plan Administrator. She held the treasurer/collector position in the Town of Wenham and currently holds that same position in the Town of Marblehead. Her references were exemplary.

Board members agreed that Ms. Davidson is well qualified and will be a great addition to the Town of Lynnfield. They congratulated Ms. O’Sullivan of her retirement and thanked her for her decades of service to the Town.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to appoint Leslie Davidson as the Town’s Treasurer/Tax Collector and Pre-Tax Plan Administrator with a starting date to be determined by Town Administrator Robert Dolan. Vote was unanimous.

Application for livery license, Boston First Limo Service, 375 Broadway

The Town has received an application for a livery license from Rashid Mounir of 375 Broadway. Mr. Mounir has applied for a license for one driver and one vehicle, to be kept at his place of residence at 375 Broadway. He has undergone a criminal record check and has the permission of the property owner to operate the service from his residence. Mr. Mounir told the Board he previously worked in the livery business in the Boston area.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the annual livery license application of Boston First Limo Service, for one vehicle at 350 Broadway. Vote was unanimous.

Night of Hope event and substance abuse and mental health services grant award

Peg Sallade of the Office of Prevention and A Healthy Lynnfield discussed the Night of Hope event and the Partnerships for Success grant award. She said the Town has received notice it is one of only four communities to receive the SAMSHA grant for prevention services for ages 9-20. The grant is $25,000 per year and can be renewed for up to five years. She said the Town and its partners can be proud of the award and said that the two main goals are prevention of the onset of substance abuse issues and the reduction of the progression of these issues. The funds will be used to work on policies and programs to be sustained in the community and decrease difficulties in outreach and outcomes for les-served populations. It will be used to fund curriculum in schools and work with law enforcement and partners in public health and public safety; build youth leadership programs, and address parents. Long-term outcomes will be tracked.

Board members congratulated Ms. Sallade on the successful grant application.

Carmella Dalton discussed the upcoming first annual Night of Hope event, to be held on September 22 at 6 p.m. This event is being held in conjunction with A Healthy Lynnfield and the Think of Michael Foundation. She emphasized that this is not a fundraising event but an opportunity for the community to show support for those struggling with substance abuse issues. She reviewed the walk route and the program, which will feature a guest speaker and native of Lynnfield, Alex Costa, director of marketing at Allure Detox. She said those attending can help break down the stigma often experienced by people struggling with addiction and their family members.

Ms. Sallade reviewed the Interface program, which is a free service offered to Lynnfield families to connect them with services providers in the area, assisting with finding the proper service providers, clinicians and programs and assisting with insurance issues. This program takes the burden of legwork off the affected person and family members.

Opening of fall town meeting warrant and set closing date

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board open the fall town meeting warrant for submission of articles, and vote set the date of closing of the fall town meeting warrant be set for Thursday, September 26, 2019 at 6:00 p.m. Vote was unanimous.

Memorandum of Understanding, Lynnfield Police Association

Town Administrator Robert Dolan reviewed the three-year contract agreement with the Lynnfield Police Association, which calls for annual base salary increases of 1.5 percent per year for each of the three years, and adjusts the educational incentive program

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the Memorandum of Understanding between the Town and the Lynnfield Police Association, Local 414, AFL-CIO, for a collective bargaining agreement to commence on July 1, 2019 and conclude on June 30, 2022. Vote was unanimous.

Memorandum of Understanding, Lynnfield Department of Public Works

Mr. Dolan explained that the union has scheduled a ratification vote for Thursday.

Contract, Lynnfield School Custodians and Bus Drivers

Mr. Dolan will review the three-year contract agreement with the Lynnfield School Custodians and Bus Drivers, which calls for annual base salary increases of 1.5 percent per year for each of the three years, and addresses religious holidays on days which schools are closed.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton:: I move that the Board vote to approve the collective bargaining agreement and contract between the Town and the Lynnfield School Custodians and Bus Drivers, Council 93, Local 3434, American Federation of State, County and Municipal Employees, for a collective bargaining agreement to commence on July 1, 2019 and conclude on June 30, 2022. Vote was unanimous.

Appointment of sealer of weights and measures

The Board recently appointed James Collins as temporary sealer of weights and measures after the retirement of Edward Michalski, and as the Town proceeded with the steps necessary to remove the position from Civil Service. Town meeting approved the warrant article petitioning the state for legislation to accomplish this measure, which was approved by the legislature and signed by the Governor.

Local Building Inspector Joseph O’Callaghan has said that Mr. Collins, who serves as sealer for the City of Peabody, has done fine work during his part-time service for Lynnfield.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to appoint James Collins as Sealer of Weights and Measures. Vote was unanimous.

Town Administrator Report

Mr. Dolan gave very brief updates on several topics, including a recent meeting of the emergency management team; a request for proposals being prepared from the King Rail golf clubhouse; the Jordan Park project and the high school fitness center project; the submissions by 14 firms of proposals for the capital space review; the planned request for funding for engineering of the Complete Streets project.

Closing of special town meeting warrant

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to close the September 26, 2019 warrant and include in the warrant one article submitted by petition. Vote was unanimous.

Recommendations on warrant articles

The Board discussed the petition warrant article on funding of the engineering services for the Wakefield/Lynnfield Rail Trail Project. Selectman Barrett recused himself from this portion of the meeting, as he has a sibling he lives in close proximity to the proposed rail trail.

Patrick Curley of the Friends of the Rail Trail made a presentation of the warrant article. He said it proposes the appropriation of $348,000 for the finals design and permitting costs. He asked that the Board support passage of the article. The engineering firm would require $695,000 to complete the design work; Wakefield would pay half this cost.

Funding by the Town would demonstrate readiness to the state Department of Transportation, and would ensure Lynnfield would have access to the $100,000 state Department of Conservation and Recreation grant, which would expire next July 1. He said the Town cannot be assured it would once again receive this highly competitive grant. He also said a delay could risk increased costs for the project due to inflation. The $348,000 cost could increase to $445,000 by 2022 based on an inflation rate of five percent. He said the state Transportation Improvement Plan schedule moved this project from 2020-21 to 2023-24. He said funding of the costs could result in moving this scheduling forward earlier.

He expressed skepticism that the $500,000 earmark for this purpose in the 2018 Environmental Bond Bill will ever be released. He said even if these funds are released, an additional $100,000 will be required. He said that state officials have stated that 90 percent of items in such bond bills go unfunded.

He said the value to the Town of this investment will be up to $16 million, with $10 million in construction costs alone. He said voters indicated their support for this project in a 2017 town meeting vote and a 2019 referendum question at the town election. He noted that the Finance Committee, the Recreational Path Committee and the Planning Board has voted to endorse this article.

Chairman Crawford asked about reapplying for the $100,000 grant if it expired. Mr. Curley said that there is no guarantee the Town would receive it. He said delay is not a wise option.

Resident Wayne Perry asked why the matter was not held for the regular fall town meeting. Mr. Curley said that voters preferred a special town meeting for this purpose. Mr. Perry said that the Town would incur additional expenses as a result. Mr. Curley said the proponents exercised their right to call the special town meeting as provided for in the charter.

Vincent Inglese of the Friends of the Rail Trail group said that a special town meeting could cost less if electronic voting is not used. He said that the rail trail is a contentious topic now but if built will be a treasured asset. He said that he has requested that the Boar make public its written process for making a decision on this issue, and was refused.

Resident James Gerace said that the special town meeting would allow proponents to pack the meeting. He said that the town meeting vote to authorize the Board to enter into a lease agreement with the MBTA for the proposed rail was approved by a one-vote margin, 342 to 341. He said 47 percent of voters opposed moving forward on the project at the April town election. He said the funds to be spent on project engineering could be used for schools and public safety.

Resident Steve Sorrentino said that the vote on the lease did not indicate that there would be additional cost to the Town, and said he expected that if voters knew there would be an expense to moving forward, the lease authorization vote would have failed. Her said Town officials have talked about how budgets will be tighter and said that many capital funding request from committees and departments were not funded last year. He said the rail line path would be leased from the MBTA and cannot be considered an asset. He urged the Town to ask the superintendent of schools what the schools could do with an additional $348,000.

Resident Mark Preston said that voters approved spending for the purchase of Center Farm at a special town meeting, noting that the Town on a net basis paid $300,000 to ensure that the buildings would be preserved and the land not subdivided. He said the rail trial will be an asset the community will benefit from for many years.

Resident Patricia Campbell urged the Board not to recommend the article. She said that the costs associated with the maintenance of the rail trial and other costs are unknown. She said the Friends group promise to raise funds for this purpose. She said other needs such as schools, roads, sidewalks, the new library and school building issues should take priority. She noted the Finance Committee has warned that the Town could face an override vote in the future and that the Strategic Planning Committee is looking at upgrades to the public safety buildings. School space issues and a proposed new library could also be major costs to the Town. She said that the Recreational Path Committee as made up of proponents only.

Resident Peter Perlmutter said that although the margin of victory may have been slim, voters were in favor of the project twice. Resident Keith Noble said that the health of the community is also important, and the rail trail would provide an opportunity for residents to exercise.

Mr. Dolan said that the funding sources would be the Sale of Real Estate fund and the overlay account, for which the Board of Assessors has released funds no longer needed due to the settlement of the Market Street tax case. He said that the funds should only be used for one-time expenses, not operating costs.

Resident Jill Giugliano said the Town should invest in schools and infrastructure, not the rail trial. She said it was a frivolous expenditure in the light of more critical needs. She doubted promises that funds would be raised and volunteers identified to maintain the trail. She urged the Board bot to recommend the article.

Resident Steven Fantone said a rail trail has been discussed since 1987 and that its development would enrich the Town. He said his children attended private schools and said the trail would provide a benefit for him and others. He said desirable communities have rail trails.

Resident Jill Jorgensen said the project may not pass an environmental review and that the funds spent on engineering would be wasted. She said if built, the trail could become a tourist destination and result in traffic and people using the Middle School lot and side streets near it for parking.

Resident Debbie Laconte said that there are plenty of places to exercise in Town and that residents can use these. She said this request for funds is the tip of the iceberg of future trail-related expenses.

Resident Kevin Sullivan said he is speaking as an individual, and not for the Finance Committee, of which he is a member. He said in speaking with legislators, he believes it is unlikely the state will release the entire amount of the environmental bond bill funding, and may not release any funding. He said that the engineering costs would represent three percent of the project cost, with the remainder funded by the state. He said that there has been talk of the rail trail; since he moved here 22 years ago. He said it is time to move forward.

Resident Axel Wirth said proceeding with the design is the only way to provide answers of safety, construction and environmental issues. He said Lynnfield should not be concerned about visitors from other communities using the trail and be a welcoming community. He said most opponents of the trial proposal own abutting property, and some may have encroached on the land.

Resident Brian Hunter said he lived near a rail trial in Arlington with an elevated boardwalk through a marsh and that he and his family enjoyed the opportunity to experience nature and see neighbors. He said he doubted that it would draw widely, as people tend to use the trails closest to them. He said properties near the trail would have their properties values enhanced.

Mr. Curley said the Recreational Path Committee was impartial and said it is disrespectful to make allegations of bias.

Chairman Crawford said that the Board approved the ballot question in order to allow the largest number of residents to participate; 35000 votes were cast. He said he has been in contact with the legislative delegation on the likelihood of the bond bill funding being released. He said they have asked the governor to make release of these funds a priority. He said that while he cannot guarantee the funds will be released, he has been told some or all of the requested funding would be included in the second year. He said it would be more prudent to wait to see if the state will provide these funds. He said he understands the Friends of the Lynnfield Rail Trail want to see the project move forward. If the Town has to reapply for the $100,000 grant, it would likely win approval. He said as a result, he is not ready to recommend this article be approved.

Selectman Dalton said he agreed with Mr. Curley that people should not be casting aspersions on the volunteers on the Recreational Path Committee should not be the subject of aspersions on their motivations, and that they should be respected for the hours of service they have given. He said he agreed with Chairman Crawford’s analysis on the warrant article, and said this is the only reasonable conclusion for an impartial party to reach. He said that since the project is scheduled for 2024, he did not understand why the Town has to act immediately, and said he agrees it is prudent to wait to see if the bond bill funding becomes available. He said the chances of that happening are better than many are saying.

MOTION by Selectman Dalton, duly seconded by Chairman Crawford: I move that the Board vote to not recommend passage of Article 1 on the special town meeting warrant. Motion was approved 2-0 (Selectman Barrett not participating).

Selectman Barrett rejoined the meeting.

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 Dalton, duly seconded by Selectman Barrett: 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.

Roll call vote: Barrett – yes; Dalton – yes; Crawford – yes.

The chairman announced that the Board will not return to public session.

The Board entered executive session at 8:48 p.m. and adjourned at 8:58 p.m.