May 22 2023 meeting

Chair Connell 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 in attendance to join him in the Pledge of Allegiance.

Vote to approve the issuance of the renewal of the Town’s bond anticipation note to be dated June 2, 2023 and sign related closing documents

Town Accountant and Asst. Director of Finance Julie McCarthy will attend to discuss the renewal of $1.75 million in Bond Anticipation Notes for the elementary school building projects. There were three bidders and the Town’s financial advisor has determined the successful bidder to be Fidelity Capital Markets at net interest cost of 3.7171 percent.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board vote to adopt the votes relating to approve the issuance and details of the renewal of the Town’s bond anticipation note to be dated June 2, 2023 as presented in writing at the meeting and to incorporate such notes into the minutes of the meeting.

Voted: to approve the sale of $1,750,000 4.50 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated June 2, 2023, and payable February 8, 2024, to Fidelity Capital Markets, a division of National Financial Services LLC at par and accrued interest, if any, plus a premium of $9,362.50.

Further Voted: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated May 10, 2023, and a final Official Statement dated May 17, 2023, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.

Further Voted: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time.

Further Voted: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply with relevant securities laws.

Further Voted: that any certificates or documents relating to the Notes (collectively, the Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a .pdf' file or by other electronic transmission shall be as effective as delivery of a manually [executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures.

Further Voted: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.

Request to increase the authorized amounts for the following Revolving Funds: Council on Aging; Recreation; Athletic Fields Maintenance

State law allows the Select Board and Finance Committee to modify the authorized amounts for revolving funds adopted by town meeting. After reviewing the financial information for each fund for this fiscal year, Town Accountant and Asst. Director of Finance Julie McCarthy is recommending that the amounts for the Council on Aging, Recreation, and Athletics Fields Maintenance Funds be increased.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board vote to reauthorize the following revolving funds at the designated levels for Fiscal Year 2023:

Recreation: $375,000

Council on Aging: $100,000

Athletic Fields Maintenance: $125,000

Interview, Mary Lohan, Open Space Committee

Mary Lohan will be on hand to interview for the Open Space Committee.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board vote to appoint Mary Lohan to the Open Space Committee.

6:15 p.m. Public hearing, Peabody Municipal Light: For the installation of an Underground Riser Pole, to be designated Pole No. 108-1 at a point 38 feet East and 13 feet North of the existing location of Pole No. 108, this being along the Southerly side of Salem Street near 245 Salem Street

The public hearing was duly noticed and advertised and abutting property owners were notified by registered mail. The pole location was reviewed by Town Engineer Lisa DeMeo and a representative from the Peabody Municipal Light Plant will be on hand.

The chair should declare the public hearing open. After hearing from the PMLP representative and Ms. DeMeo, the chair should invite public comment. After that is concluded…

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the public hearing be closed.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board grant the petition of Peabody Municipal Light: For the installation of an Underground Riser Pole, to be designated Pole No. 108-1 at a point 38 feet East and 13 feet North of the existing location of Pole No. 108, this being along the Southerly side of Salem Street near 245 Salem Street

Proposed moving of the cardboard recycling container inside the Recycling Yard fence at Town Hall

Public Works Director John Tomasz is proposing that the Town’s cardboard recycling container be moved within the fenced area of the DPW yard as a result of a constant issue with messy conditions and possible abuse by business owners around the region. He will be on hand to discuss the issue. The bin would be available during the regular recycling area hours on Wednesdays and Saturdays, and the yard would also be available for this purpose on Mondays

The Board may wish to vote at a subsequent meeting after citizens have a chance to give input.

Proposed five-barrel household limit for weekly trash collection

Public Works Director John Tomasz and the Recycling Committee are proposing that the Town institute a five-barrel-per-household limit for weekly trash collection. Most communities have adopted such measures as a way to reduce tipping fees and encourage recycling. The proposal, if adopted, would be preceded by an educational program to alert residents of the change and the reasoning. Mr. Tomasz will present the issue to the Board.

The Board may wish to vote at a subsequent meeting after citizens have a chance to give input.

Fire Chief contract amendment

The Board is a recent executive session reviewed a proposed amendment to the Fire Chief’s contract which addresses his compensation as a fire chief and as emergency management director, in accordance with the provisions of his contract. The agreement has been reviewed by Chief Davis and town counsel.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board vote to ratify the amendment to the Fire Chief contract as presented.

Post Office lease

The Town has concluded with negotiations with the United State Postal Service and its leasing arm for a renewal of the lease of a portion of the former South Hall building to the USPS. The lease provides for a five-year term with a series of five-year renewals at the option of the USPS, as provided for in the previous agreement. It also provides for escalating monthly lease payments for the term of the contract. The Board has been authorized by town meeting to enter into this lease agreement.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board approve the lease agreement for the property at 598 Salem Street to the United States Postal Service for a term commencing on June 1, 2026 and expiring on May 31, 2031, unless sooner terminated or extended as provided in the lease agreement.

Proposed flag policy

As a result of requests from local groups and in light of a recent US Supreme Court ruling on display of flags by municipalities, the Town Administrator’s office and Town Counsel have drafted a policy that would limit flags being flown on flagpoles on properties under the control of the Select Board to the United States flag, the POW-MIA flag as required by state law; and recognized flags for observed state and federal holidays.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board vote to adopt the flag policy as presented.

One-day liquor license applications, Market Street: June 20, June 22, July 19, August 16

Market Street is seeking one-day liquor licenses for the following events:

Kings: MTrant Foundation, 6/22/2023 5:00pm-8:00pm (rain date 6/23/23) Beer & Seltzer

LaGallina: Summer Concert 6/20/2023 6:30pm-8:30pm, (rain date 6/21/2023) Beer & Wine

Chicken & The Pig: Yappy Hour 7/19/2023, 5:00pm-7:00pm Beer & Wine

Chicken & The Pig: Yappy Hour 8/16/2023, 5:00pm-7:00pm Beer & Wine

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board grant one-day liquor licenses for the events as requested.

1Use of Facilities requests

            a. Block party, June 10, Daventry Court, 3-7 p.m.

            b. Common, Historic Lynnfield, June 14

            c. Common, Rotary Summer Concert Series, July 5, July 12, July 19, July 26 (rain dates July 6, July 13, July 20, July 27

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I moved that the Board approve the Use of Facilities applications subject to any conditions imposed by the Police Chief and Public Works Director.

12.       Proclamations

            a. Juneteenth

            b. Pride Day and Pride Month

            c. Race Amity Day

In cooperation with local residents and groups, the above proclamations, which were approved last year by the Board, are presented for approval.

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the Board vote to approve the proclamations for Juneteenth, Pride Day and Pride Month, and Race Amity Day

MOTION by Mr. Dalton, duly seconded by Mr. Crawford: I move that the meeting be adjourned.

The meeting was adjourned at 6:36 p.m.