April 10, 2017 meeting minutes
Board of Selectmen | April 10, 2017 |
Regular Session | Merritt Center, 600 Market Street |
Present: | Philip Crawford, Chairman |
| Christopher Barrett, Selectman |
| Richard Dalton, Selectman |
Chairman Crawford called the meeting to order at 7:00 p.m. Chairman Crawford announced that the meeting was being recorded for transmission by cable television.
Sale of Center Farm
Town Counsel Thomas Mullen told the Board that the Migliero family has agreed on the terms of the purchase and sale agreement on the Center farm property on Main Street, and that the state and the local historical commissions have agreed on the historical preservation restrictions. A June 14 closing date has been set. The lone bidder offered $935,000. Some changes were made to the proposed historical preservation restrictions following discussions with the buyer. Chairman Crawford said he attended the Historical Commission meeting at which these were discussed and was very happy with how it was handled. He said that the buyers intend to restore the property to its historical state and this is the best result the Town could ask for.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the sale of the Center Farm property as presented and signed two copies of the purchase and sales agreement.
Historical preservation restriction ion Center Farm property
Mr. Mullen said the proposed historical preservation restriction satisfy the concerns of the state Historical Commission and still make the property useable as a residence for the buyer.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the historical preservation restrictions deed rider for the Center Farm property as presented, and signed the document.
Refinancing of Partridge Lane affordable housing unit
Mr. Mullen said the request of a resident to refinance the mortgage on an affordable housing unit at the Partridge Lane development requires the approval of the Board and the state Department of Housing and Community Development. He said the proposed restriction would not allow the mortgage to exceed $149,100, which is a reasonable percentage of the appraised value. He said he recommended the approval and asked that the Board authorize the town administrator to present a letter approving the proposed refinancing.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the proposed refinancing of Unit 14 at the Partridge Lane condominiums by the Comeau family.
Sale of $1,671,000 general obligation municipal bonds and Sale of $1,405,903 general obligation taxable bond anticipation notes
Town Administrator James Boudreau explained that there were five bidders on the bond offering, and the most advantageous bid was for a 2.209 net interest rate.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton the Board approved the following motion:
Voted: that the sale of the $1,671,000 General Obligation Municipal Purpose Loan of 2017 Bonds of the Town dated April 13, 2017 (the "Bonds"), to Roosevelt & Cross, Inc. at the price of $1,773,894.25 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on April 1 of the years and in the principal amounts and bear interest at the respective rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2018 $156,000 3.00% 2024 $135,000 4.00%
2019 150,000 3.00 2025 135,000 4.00
2020 150,000 3.00 2026 130,000 3.00
2021 145,000 3.00 2027 100,000 3.00
2022 135,000 3.00 2030 300,000 3.00
2023 135,000 4.00
Further Voted: that the Bonds maturing on April 1, 2030 (a "Term Bond") shall be subject to mandatory redemption or mature as follows:
Term Bond due April 1, 2030
Year Amount
2028 100,000
2029 100,000
2030* 100,000
*Final Maturity
Further Voted: to approve the sale of a $1,405,9031.30 percent General Obligation Bond Anticipation Note of the Town dated April 13, 2017, and payable June 16, 2017 (the "Note"), to Century Bank and Trust Company at par and accrued interest, if any.
Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated March 29, 2017, and a final Official Statement dated April 4, 2017 (the "Official
Statement "), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further Voted: that in connection with the marketing and sale of the Note, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated March 29, 2017, and a final Official Statement dated April 4, 2017, 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 Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing and Significant events disclosure undertakings in compliance with SEC Rule 15c2-l2 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Note, as applicable, for the benefit of the holders of the Bonds and Note from time to time.
Further Voted : that each member of the Board of Selectmen, 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.
These votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds or the Note were taken in executive session, all in accordance with G.L. c.30A, §§18-25, as amended.
Planning Board articles for annual town meeting
Planning Board Chairman John Faria reviewed the three articles offered by the Planning Board for the annual town meeting warrant. He said the intent is to rectify the zoning bylaws, which were adopted in 1954 and modified in many ways over the ensuing years. As a result, the document is confusing and should be reorganized. The most recent published version of the bylaw dates from 2012. The Planning Board hired a consultant to review the document and recommend a redrafting that would simplify and clarify the bylaw without making substantive changes, with no changes to the zoning map. The recodified bylaw would also address provisions missing from the bylaw that are required by state law. He said that is asking that these articles by postponed until the fall town meeting to allow for further review.
Selectman Dalton suggested offering a redlined copy so that the changes could be seen. Mr. Faria said that the complete reorganization precludes such an approach. He said any substantive changes to the bylaw would be proposed at a later date.
Resident and local attorney Theodore Regnante said he fully supports the proposed recodification and respects Mark Brobowski, the consultant hired by the Planning Board. He agreed that the matter should be held off until the fall as he believes there are substantive changes included in the current draft. He suggested one or more meetings to discuss the matter with the consultant with local attorneys, the Board of Appeals, and the Planning Board.
Proclamation for teacher and coach Craig Stone
Chairman Crawford said the Board was honoring Lynnfield educator and Lynnfield High School girls’ tennis coach and wrestling coach Craig Stone, who is considered a living legend. He rad the proclamation recognizing Mr. Stone for his win totals, his selection for the Hall of Fame, and his career as a coach and educator. Senator Thomas McGee read a citation from the Massachusetts House of Representatives and Senate on behalf of himself and State Representative Bradley Jones Jr. Superintendent of Schools Jane Tremblay also thanked Mr. Stone for his years of service and said he is a leader who has imparted life lessons to his students and athletes. M. Stone discussed his teaching and coaching career and said he was humbled by the honor and thanked all assembled.
Social media policy
Mr. Boudreau reviewed the proposed social media policy in anticipation of the Town launching a presence on Facebook and said it would address the use of the Town’s social media accounts. He said he will work on a policy addressing social media use by employees in their personal accounts. He said the Facebook page for the Town should be up in a week or so. Selectman Dalton said this policy would prevent expression of opinions on social media. Chairman Crawford said the policy can be amended as appropriate. Mr. Boudreau said he will meet with department heads on the matter.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the proposed social media policy as presented.
Updates to financial polices
Mr. Boudreau said that most of the proposed revised financial policies were already in place, and the policy addresses such areas as free cash, the overlay reserve, and goals for fund balances. The revisions are based on suggestions by bond rating agencies.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the revised Financial Policies as presented.
OPEB Investment Policy
Mr. Boudreau said that the proposed OPEB investment policy was drafted based on recommendations from the Town’s financial advisor.\
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the proposed OPEB Investment Policy as presented.
Fiscal Year 2018 operating budget
Chairman Crawford said provisions of the Fiscal Year 2018 operating budget have been reviewed over multiple meetings of the Board and the Finance Committee. Members of the Board said they had no comments on the proposed budget as presented by Mr. Boudreau, which reflects the deliberations of the Board.
Chairman Crawford said he still has a problem with the adjustment of the Recreation Commission director salary, but said he would not hold up the budget over this issue. Selectman Barrett and Selectman Dalton defended the increase for the Recreation Director based on salary comparisons and her performance in the role.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the proposed Fiscal Year 2018 budget as presented.
Fiscal Year 2018 capital budget
Chairman Crawford said he is very happy with the proposed capital budget as presented by Mr. Boudreau, and said he did an excellent job prioritizing the items.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the Fiscal Year 2018 capital budget as presented.
Recommendations on warrant articles
In separate votes, on the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend the following warrant articles for approval by town meeting: Articles 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 20, 21, 22, 28.
The Board deferred action on the following warrant articles while awaiting additional information: Articles 4, 5, 25, 26, 27.
On Article 14, which would amend the bylaws to allow the moderator to decide if a motion requiring a two-thirds plurality for passage based on a voice vote, Chairman Crawford said undertaking hand counts on votes where the results were abundantly clear is a waste of town meeting’s time. Resident Patricia Campbell said that it is ridiculous to allow the moderator to make such a decision based on the volume of the vote. She said that while seven residents could question the decision and call for a hand count, this would require people to be knowledgeable enough about this process and act in a speedy manner. Mr. Boudreau said that majority votes can already be decided by the moderator without a count, so this procedure already applies to most votes taken. Selectman Barrett and Selectman Dalton said they agreed with the bylaw change, as voters can challenge any decision they question. Resident David Basile said he is fine with the change as long as the moderator’s instructions are clear. Resident Jill Giugliano sought assurance that a hand count will be taken on any vote where the outcome is in doubt. The bylaw changes would be implemented at the fall 2017 town meeting if the measure passes.
On Article 15, Chairman Crawford said the design of the golf clubhouse is not ready to move forward, as cost estimates for the present deign are too high, and alternatives are being considered.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend indefinite postponement of Article 15.
On Article 23, the proposed revision of the Planned Village Development District portion of the zoning bylaws to allow for a cinema, Town Counsel Thomas Mullen said that National Development, the proponents of the zoning change, as well as the petition signers have expressed a desire to withdraw the article. He said that since the warrant is already posted, it cannot be removed. He said that the Planning Board, in light of these circumstances, is likely not to issue a recommendation or report on the article, which mean town meeting cannot act upon it. He said the moderator will not entertain any motion on the article in the absence of a recommendation or a report.
Chainman Crawford asked what the Board should do regarding a recommendation. Mr. Mullen said the best course would be not to deal with the article at all.
Resident Wallace McKenzie asked if the article could be resubmitted during the two-year period for which zoning articles postponed or defeated by town meeting are barred for being reconsidered, absent Planning Board approval. Mr. Mullen said it could be brought back absent town meeting action. Mr. McKenzie said that he was told last week that the article could be removed from the warrant. Mr. Boudreau explained that would have been allowed had the warrant not already been posted. The Board had requested a written opinion form town counsel on the matter. Resident David Basile said the Finance Committee has voted not to recommend the articles and asked the Board to take a similar vote.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to not recommend passage of Article 23 to town meeting.
On article 24, which would authorize the Board to enter into a lease of up to 99 years on the proposed rail trail property, Selectman Barrett recused himself from this portion of the discussion as his sister owns property near the proposed trail.
Chairman Crawford said this petition article was brought forward by rail trail proponents to demonstrate Town support for the project, which will help in securing federal and state funds for it. Selectman Dalton said that he does not believe action by town meeting is needed at this time and said there are many remaining questions about the project. He said additional details on what the proposed state and federal funds would pay for is not clear, and said it is not known how $600,000 in additional engineering costs would be funded to get the project to the 75 percent completion threshold. He said the entire project is questionable and there is no urgency to act, as the funding schedule has been pushed back to 2021. He said he recommends that the Board not recommend this article to town meeting. Chairman Crawford said he concurs with most of what Selectman Dalton said.
Resident Jill Giugliano said that the Town has many projects that are in need of funding, including the fields project, maintenance of building and infrastructure, and funding of the OPEB and pension liabilities and said the Town must prioritize needs over wants. She questioned the cost estimates. Resident Patricia Campbell said the Town would be obligated to pay for liability insurance for the proposed trail and that the MBTA could take the property back on two years; notice for transportation purposes. She said traffic light would be needed on Summer Street for the trail crossing. Resident Jill Jorgenson asked about the insurance coverage, which Chairman Crawford said would cost an estimated $60,000. He said multiple approvals would be required for the proposed project because of the sensitive nature of the Reedy Meadow habitat and wetlands.
On the motion of Selectman Dalton, duly seconded by Chairman Crawford, the Board voted 2-0 (Selectman Barrett abstaining) to not recommend Article 24 for passage at town meeting.
Announcement of election results
Town Clerk Trudy Reid announced the unofficial results of the annual town election. Chairman Crawford was reelected for a three-year term. The referendum asking voters to authorize action by town meeting to amend the general and zoning bylaws to restrict sale and cultivation of non-medical marijuana in Town passed, 370 votes in favor to 149 votes against. Chairman Crawford and others elected were sworn into office by Ms. Reid.
Recommendations on warrant articles
On Articles 25, 26 and 27, which address funding for athletic facilities projects, Chairman Crawford said that bids came in higher than expected and projects will have to be prioritized. Fields Committee Chairman Arthur Bourque is working on the matter. The Board chose to defer making a recommendation on these articles.
On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend against passage of Article 29 at town meeting, a petition article which would have named the Middle School for Alan Melanson. The Board received notice that Mr. Melanson’s widow was not consulted on the submission of this article and does not want it to move forward.
Reorganization of Board
On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted to name Selectman Barrett as chairman for the 2017-2018 year.
On the motion of Selectman Crawford, duly seconded by Chairman Barrett, the Board voted to name Selectman Dalton as vice-chairman for the 2017-2018 year.
On the motion of Selectman Dalton, duly seconded by Chairman Barrett, the Board voted to name Selectman Crawford as clerk for the 2017-2018 year.
Chairman Barrett congratulated Selectman Crawford on his re-election and on his two years of service as chairman. He said he is honored to have been chosen to chair two of the most important boards in the Town, and aid he is focused on helping all ages, from children to senior citizens. He said that the Board should reaffirm its commitment to the Code of Conduct to remain a strong team and should focus on setting goals and remain aware that they are accountable to the citizens. He said it is a great honor to serve with his fellow selectmen.
Use of Town facilities
The Board deferred action on a request to use Town streets for a proposed walk for the Multiple Sclerosis Society.
On the motion of Selectman Crawford, duly second by Selectman Dalton, the Board approved the use of the common on May 29 for the annual Memorial Day observance.
On the motion of Selectman Crawford, duly second by Selectman Dalton, the Board approved the use of Town streets on July 16 for the Reid’s Ride annual fundraising event.
On the motion of Selectman Crawford, duly second by Selectman Dalton, the Board approved the use of the common on May 6 for the library’s comic convention event.
On the motion of Selectman Crawford, duly second by Selectman Dalton, the Board approved the use of the common on June 23 for the library’s annual summer reading kick-off event.
One-day liquor license
On the motion of Selectman Crawford, duly second by Selectman Dalton, the Board approved a one-day liquor license by the Knights of Columbus for June 11, 2017 for a christening celebration.
Request for executive session
Chairman Barrett announced the request for executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss strategy regarding pending litigation for which an open discussion may adversely affect the Town’s litigating position. He announced the Board does not intend to return to open session.
A roll call vote was taken: A roll call vote was taken: Chairman Barrett – aye; Selectman Dalton – aye; Selectman Crawford – aye.
The Board entered executive session at 8:55 p.m. and adjourned at 9:21 p.m.