September 27 2021 meeting

Chair Dalton called the meeting to order at 6:00 p.m. He announced that the meeting was being recorded for cable television and led those in attendance in the Pledge of Allegiance.

Possible executive session, MGL Section 30A, Section 21 (a) (6).  To consider  the  purchase,  exchange,  lease  or  value  of  real  property  if  the  chair declares  that  an open meeting  may  have  a  detrimental  effect  on  the negotiating  position of  the  public  body

Chair Dalton announced the purpose of the executive session and said a public discussion would be detrimental to the Town’s negotiating position.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to enter executive session under MGL Section 30A, Section 21 (a) (6)  to consider  the  purchase,  exchange,  lease  or  value  of  real  property, a public discussion of which would have a detrimental effect on the negotiating position of this public body. Roll call vote: Crawford, yes; Connell, yes; Dalton, yes.

The Board resumed public session at the conclusion of the executive session.

Change of officers and directors application, California Pizza Kitchen, Market Street

Chair Dalton announced that this matter will be deferred to a subsequent meeting.

Change of officer, 99 Restaurants of Boston, LLC, Salem Street

Cahir Dalton said this application has received prior approval from the state ABCC and is a global application affecting all 99 restaurants in the state.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to approve the change of officer application of 99 Restaurants of Boston as submitted. Vote was unanimous.

Appointment of police patrolman via transfer from another department

Chair Dalton announced that Timothy Croke is a Lynnfield native and resident currently serving as a Boston Police Officer who is seeking transfer to the Lynnfield Police Department to fill an existing vacancy. He has met with Town Administrator Dolan and Acting Police Chief Nicholas Secatore, who recommend his appointment.

Chief Secatore said that Officer Croke is currently a Boston police officer who is considering relocating to the Lynnfield area. He previously applied in 2016, at which time there were not sufficient vacancies. Since that time, Mr. Croke moved from the Essex County corrections department to the Boston police force. He has had discussions with Acting Chief Secatore about his desire to transfer to the Lynnfield Police Department. He said Mr. Croke’s ideals of policing coincide with that of the Lynnfield Department. He grew up in Lynnfield and has a bachelor’s degree in criminal justice from Endicott College. He has experience in handling and transporting prisoners from his time with the sheriff’s department and in his three years in the Boston Police Department he has training in crowd control and de-escalation techniques. He is well liked and respected by members of the local department. He is a qualified officer who will fit seamlessly into the department.

Chair Dalton said the Board has expressed its desire to give Lynnfield natives and residents a priority. Chief Secatore said this is an outstanding opportunity.

Officer Croke said he is product of the Lynnfield Public Schools and that the Town holds a special place in his heart. He said it has been a goal of his to join the local department. He expressed his gratitude for this opportunity. Mr. Crawford said he has known Mr. Croke for a long time and could not be happier to add him to the police force. He said he knows the Town and has already completed the police academy. Mr. Connell said he is the perfect candidate for the position.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to approve the transfer of Timothy Croke to the Lynnfield Police Department and his appointment as a Lynnfield police patrolman effective September 27, 2021. Vote was unanimous.

Application for one-day liquor license, Davio’s at Market Street

Davio’s has applied for a one-day liquor license for a portion of the parking lot of Market Street for September 29, 2021 from 6-9 p.m. Representatives from Davio’s, Abby Kolb, and Market Street, Charlotte Woods, explained the event would be similar to past events and that trained servers would ensure that alcohol was served responsibly. Ms. Woods said that the event has been beneficial to Market Street stores.  Board members said there had been no issues with past events.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to approve the one-day liquor license of Davio’s for the portion of Market Street parking lot as indicated on the submitted map of Market Street for September 29, 2021 from 5-9 p.m. as submitted. Vote was unanimous.

Application for one-day liquor license, Alchemy, Market Street

Alchemy has applied for a one-day liquor license for the green space area of Market Street for October 1, 2021 from 5-11 p.m. Representatives from Alchemy, Tia Bellmer, and Market Street, Charlotte Woods, will attend. Ms. Bellmer said that Alchemy seeks to hold a fundraising event for Lynnfield Recreation. Chair Dalton said this will be the annual Cornhole Tournament. He said the event has been well run at other venues.

Mr. Crawford said he would prefer that the event end at6 10 p.m. Board members agreed this would be appropriate due to concern for neighbors.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to approve the one-day liquor license of Alchemy for the green space area of Market Street for October 1, 2021 from 5-10 p.m. as submitted. Vote was unanimous.

Proposed holiday hours, Market Street

Market Street has once again submitted an application for expanded hours during the holiday season as allowed under the development agreement. Charlotte Woods said that an 8 a.m. opening is sought for the days leading up to Christmas. She said that a 10 p.m. closing is sought, though most stores will close at 9 p.m. on most nights. Board members said the additional hours have not been a problem in past years.

11/26/2021     Friday     8:00am-10:00pm     11/29/2021      Monday      10:00am-9:00pm      12/5/2021        Sunday      11:00am-6:00pm    12/12/2021        Sunday     8:00am-10:00pm        12/19/2021        Sunday      8:00am-10:00pm 11/27/2021   Saturday   8:00am-10:00pm     11/30/2021      Tuesday      10:00am-9:00pm      12/6/2021       Monday      10:00am-9:00pm    12/13/2021       Monday 8:00am-10:00pm        12/20/2021       Monday      8:00am-10:00pm 11/28/2021    Sunday    8:00am-10:00pm      12/1/2021    Wednesday  10:00am-9:00pm      12/7/2021       Tuesday      10:00am-9:00pm    12/14/2021       Tuesday     8:00am-10:00pm        12/21/2021       Tuesday      8:00am-10:00pm 12/2/2021       Thursday     10:00am-9:00pm      12/8/2021    Wednesday  10:00am-9:00pm    12/15/2021    Wednesday      8:00am-10:00pm        12/22/2021   Wednesday  8:00am-10:00pm 12/3/2021  Friday        10:00am-9:00pm      12/9/2021      Thursday     10:00am-9:00pm    12/16/2021      Thursday         8:00am-10:00pm        12/23/2021      Thursday     8:00am-10:00pm 12/4/2021       Saturday     10:00am-9:00pm    12/10/2021        Friday        10:00am-9:00pm    12/17/2021   Friday         8:00am-10:00pm        12/24/2021         Friday         8:00am-5:00pm 12/11/2021      Saturday     10:00am-9:00pm    12/18/2021       Saturday         8:00am-10:00pm        12/25/2021      Saturday     CLOSED 12/31/2022        Friday       12:30am closing    New Year's Eve 2/6/2022       Sunday      12:30am closing    Super Bowl Sunday

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to approve the proposed holiday hours for Market Street as submitted. Vote was unanimous.

Daniel Townsend Award for Excellence

Annually the Board considers nominations for the Daniel Townsend Award for Excellence to honor individuals who have offered exemplary volunteer service to the Town. Past winners are Arthur Bourque, Joe Maney, Al Merritt, Dave Drislane, Fred Santangelo and Betty Adelson. The Board has received nominations for the award. Recipients will be honored at a subsequent meeting of the Board.

Chair Dalton said there were three nominations received by the Board. He suggested that the Board be prepared to vote to choose the recipient or recipients. He asked that the nominators be invited to the meeting to discuss their reasons.

Adoption of criminal records background check policy for Town departments

Assistant Town Administrator Robert Curtin said that this change is an effort to keep up with best practices in the area of human resources, the Town is proposing the adoption of a policy for CORI criminal background checks for Town employees that will centralize the responsibility for such checks with the Treasurer/Payroll Office and standardize the operations and documentation of these ongoing practices. He said department heads have agreed with this approach.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to adopt the criminal background check policy as presented. The vote was unanimous.

Closing of fall town meeting warrant and review of proposed warrant articles

Chair Dalton explained that four articles have been submitted for consideration for inclusion in the fall town meeting warrant, two of them by the town administrator’s office for the routine business of transfers within the current year budget and for the payment of any overdue bills from a prior fiscal year. A third is the proposed tree bylaw, discussed in previous meetings, submitted by the Planning Board. The fourth is a petition article seeking the rezoning of the Richardson Green parcel on Main Street.

Mr. Curtin said that the petition article must be included in the warrant under law, and that the petitioner has agreed to come to a subsequent meeting to discuss his proposal.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to close the town meeting warrant and include the articles as presented. Vote was unanimous.

Acceptance of $3,885,490 in federal stimulus funds allocated to the Town of Lynnfield via the American Rescue Plan

The Board was asked to vote to accept the federal stimulus funds allocated to the Town as part of the so-called ARPA program. Mr. Dolan said that there are two components to this funding package. One is revenue replacement to assist municipalities with revenue lost due to the pandemic. The second is funding for COVID-related expenses and projects that will assist municipalities with this and future public health emergencies. The Town has engaged a consultant to assist in the complex process of determ9ining project eligibility and seeking funding. The funding can be used over a four-year period. A core team has been formed to review rules and make recommendations on what projects will be funded. There will be regular reports to the Board.

Chair Dalton said about half of the funds will be allocated to revenue replacement. Project funding cannot go to regular or ongoing operating costs. Mr. Dolan said the School Department was allotted its own funding through the federal government. Board members said this program is appreciated and will be helpful.

MOTION by Mr. Crawford, duly seconded by Mr. Connell I move that the Board vote to accept of $3,885,490 in federal stimulus funds allocated to the Town of Lynnfield via the American Rescue Plan pursuant to MGL Chapter 44, Section 53A.

Acceptance of $1,638,750 in Municipal Vulnerability Preparedness Grant from the Commonwealth of Massachusetts

The Board is asked to vote to accept the MVP Grant from the state.  These funds can be used to address flooding and conservation members. Mr. Dolan credited Planning and Conservation Director Emilie Cademartori, Essex Greenbelt and John Scenna, superintendent of the Lynnfield Center Water District, for putting together this grant application to assist with the preservation of 20 acres off Main Street which are targeted for development. He also credited the advocates who have supported this measure. The Town received one of the largest grants in the history of the program for this effort.

Chair Dalton said this presents the Board with the opportunity to move forward with the preservation of the Richardson property. Mr. Crawford congratulated all who worked on this and said this gives the Town the best opportunity to move forward with the Richardson Green purchase. Mr. Connell said few thought the Town would be in this position and said this certainly encourages the Board to move forward. Chair Dalton thanked Senator Brendan Crighton and Representative Bradley Jones Jr. for their advocacy.

MOTION by Mr. Crawford, duly seconded by Mr. Connell I move that the Board vote to accept of $1,638,750 in Municipal Vulnerability Preparedness grant funds allocated to the Town of Lynnfield pursuant to MGL Chapter 44, Section 53A. Vote was unanimous.

Open Meeting Law complaint by Michele Cole re: Select Board's participation in joint meeting with Board of Health and School Committee

The Board is receipt of a complaint from Michele Cole alleging that this Board was in violation of the Open Meeting Law in connection with the joint meeting this Board held with the School Committee and Board of Health on August 18, 2021. Chair Dalton said this complaint will be addressed in a timely fashion.

MOTION by Mr. Crawford, duly seconded by Mr. Connell I move that the Board vote to delegate to Town Counsel the response to the Open Meeting Law complaint of Michele Cole. Vote was unanimous.

Use of Facilities:

a. Use of common, October 12, Lynnfield Library

The request is for a concert by a group known as Hungry Town.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to approve the Use of Facilities application as received, subject to any restrictions that may be placed on them by the Police Chief, Fire Chief, and Director of Public Works. Vote was unanimous.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to adjourn.

The Board adjourned at 6:26 p.m.