March 13 2023 meeting

Chair Crawford called the meeting to order at 6:00 p.m. He stated that the meeting is being recorded for cable television transmission. He asked those present to join him in the Pledge of Allegiance.

Proposed Opioid Litigation settlement offer, Teva, Allergan, CVS, Walgreens, and Walmart

Town Counsel Mullen discussed the proposed litigation settlement offer. He said this $20 billion settlement would give $17 billion to cities and towns. He asked that the Board authorize the treasurer to sign the documents an answer is needed by April 18. Lynnfield’s share will not be known until the number of participants are determined. Scott & Scott, the legal firm Lynnfield and many other municipalities have hired to represent them in the opioid settlements, recommends, participating. Wakefield has already agreed to do so.

Mr. Crawford asked if there is any reason not to agree. Mr. Mullen said no. He said Scot & Scott is among the most aggressive plaintiff lawyers.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board accept the settlement offer from Teva, Allergan, CVS, Walgreens, and Walmart as presented and authorize the Treasurer to execute the applicable documents. Vote was unanimous.

Authorization for Town Counsel to represent both Town of Lynnfield and Town of Wakefield in matter of intermunicipal agreement with Lynnfield Center Water District

Town Counsel Mullen serves in this role in both Lynnfield and Wakefield. The Board must authorize him to represent Lynnfield in a matter that affe4cts both communities.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Select Board confirms that it believes that Attorney Mullen can adequately represent the interests of each Town in the contemplated intermunicipal agreement between the Town of Lynnfield, the Town of Wakefield and the Lynnfield Center Water District regarding the placement of water lines owned by the Town of Wakefield in the Town of Lynnfield, having been informed of the possible effect of multiple representation on the exercise of the Attorney’s independent professional judgment on behalf of each Town; acknowledges that it knows of no fact or circumstance that will or is likely to adversely affect the Attorney’s representation of the other Town; and consents to the Attorney’s multiple representation of the Towns and his sharing of confidential information with each Town. Motion was unanimous.

Common victualer application, La Familia, 12 Salem Street

Chris Surian, representing of the new restaurant that will be located in the former Countryside Deli, said the owner’s first language is not English and that he will offer a similar menu as his predecessor. He will be open 11 a.m. to 8 p.m., seven days a week.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve the commoner victualer application for La Familia, 12 Salem Street. Vote was unanimous.

Town Administrator’s Fiscal Year 2024 proposed budget and spending plan

Town Administrator Robert Dolan presented his proposed Fiscal Year 2024 budget. He described the process by which the budget was developed, with reviews by the management team and the desire to create a budget that reflects Lynnfield values.

He said that the budget focuses on education and investment in infrastructure and technology. He said the winter was very tough on roads, and the Town will spend more money than it ever has on road projects. The budget also provides for improvements to public facilities and supports education, public safety, history and culture. He said the community has balanced the desire to maintain open space, with the preservation of the Richardson property, with responsible development, as with the Sagamore age-restricted housing project.

Goals included a balanced budget with no use of free cash for the operating budget, The proposed capital budget is an increase of 30 percent to help maintain roads, buildings and infrastructure. The spending plan would also add to the Town’s reserves and contribute to the OPEB fund.

Projected revenues are up by 2.5 percent, with new growth tax revenues only $275,000, a return to pre-Market Street levels. The Sagamore development will add to this number in future years.

The budget addresses the post-COVID crisis in special education placements and social=-emotional issues at the schools locally and around the nation. It also reflects the dramatic inflation in the costs of out-of-district tuition and transportation. The increase of 16 percent in local aid from the state allows the Town to cope with these needs without creating a structural deficit in the budget. Revenues have been estimated conservatively, and free cash, stabilization and capital facilities balances are healthy.

Significant operating budget highlights include:

• Six percent increase in health insurance costs, as people return to medical appointments post-COVID
• Four percent increase to the school budget
• A 6.6 percent increase in the pension assessment from Essex Regional Retirement Bureau
• Reduction in the Board of Assessors budget of 41 percent due to regionalization
• A 14.6 percent decrease in the vocational school assessment due to lower enrollment from Lynnfield
• No new full-time positions. The Town will pursue the SAFER grant to hire more firefighters

The total operating budget increase is 3.2 percent.

Capital budget highlights include:

• $550,000 in road funds, which will be supplemented with state funds
• $800,000 for a fire pumper truck
• $110,000 for two police vehicles
• $385,000 for an ambulance
• $250,000 for school technology
• $65,000 for a backhoe for the golf operation
• $150,000 for a fire alarm bucket truck
• $15,000 for historical signage

The spending plan also includes

• $150,000 to the Stabilization Fund
• $100,000 to the OPEB Fund
• $50,000 to the Capital Facilities Maintenance Fund

This is the second year of American Rescue Plan Act (ARPA) spending. Funds will go toward police cruiser purchases, a pickup truck for the Department of Public Works, heating, ventilation and air-conditioning projects, new and refurbished tennis courts, the war memorial, rail trail engineering, and a dump truck/sander.

Coupled with the energy efficiency ESCO project, this spending plan will put millions of dollars into infrastructure work with no impact on the tax rate.

Contracts with employee bargaining units are being settled at two percent base increases in each of three years while addressing specific needs in other ways.

Mr. Crawford said the plan to use one-time funds such as ARPA is responsible. Mr. Dalton asked about the need for the bucket truck for the fire alarm system. Mr. Dolan said he originally was not going to include it in the budget, but after talking to Fire Chief Glenn Davis he learned how the truck is utilized by the fire and other departments to maintain the Town’s wiring system. He said that the Town would be forced to rent a truck several times a month if the old truck is not replaced. Mr. Dalton asked to discuss the matter with the chief.

The Board complimented Mr. Dolan and the management team for the budget proposal.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board adopt the operating and capital budgets as presented for presentation at the annual public hearing on the budget on Monday, March 27 at 6:30 p.m. Vote was unanimous.

Interview: Erin Hohmann, Historical Commission

Ms. Hohmann said she is very interested in history, with particular interest in cemetery restoration and forensic technology. She has been recommended for appointment by Historical Commission Chair Kirk Mansfield.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to appoint Erin Hohmann to the Historical Commission for a term ending on June 30, 2025. Vote was unanimous.

6.         Use of Facilities requests

            a. Use of Town streets for MS Walk, May 20, 2023

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move the Board approve the facilities use request subject to any conditions imposed by the Police Chief and the Public Works Director. Vote was unanimous.

Potential request for executive session under MGL c. 30A, § 21 (3), contract negotiations with collective bargaining units

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move the Board enter executive session under MGL c. 30A, § 21 (3), as a public discussion of the matter would adversely affect the Town’s bargaining position. Vote was unanimous. Roll call: Connell – yes; Dalton – yes; Crawford – yes.

The Board entered executive session at 6:36 p.m.