December 12, 2016 minutes

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.

Presentation by Reading Municipal Light Department

Colleen O’Brien, executive director of the Reading Municipal Light Department, appeared before the Board to provide an update on RMLD activities. Hamid Jaffari, manager of engineering and operations, joined her.

Ms. O’Brien reviewed the RMLD’s “Shred the Peak” initiative aimed at energy conservation during peak load times. These efforts include incentives for customers willing to cut back voluntarily on electrical service use during peak periods and well as education efforts among customers and in member community schools.

RMLD is also working on a Graphic Information System (GIS) project, long-term strategic planning and ways to add solar panels to public buildings. It has also improved information offered to service providers and homeowners, which is now searchable on the RMLD website. The RMLD website also allows customers to notify RMLD of outages, find out their causes and find estimates restoration time. RMLD is also replacing sodium street lights with more efficient LED lights. This replacement program is about halfway complete.

Ms. O’Brien also reviewed maintenance programs for RMLD infrastructure and planned service upgrades. RMLD also has an online store with LED holiday lights and information on appliance rebates. RMLD offers information on economic development for businesses and communities, and offers among the lowest rates in the state.

RMLD also offers a Solar Choice program for homeowners who wish to have solar panels installed on their houses. The program is sold out currently.

RMLD is working with other utilities and communities on elimination of double poles. There are 20 in Lynnfield currently; four providers must move their wires on many of the poles before the transfer is complete and the duplicate pole can be removed.

The most recent independent audit of RMLD was very clean, with no management letter.

Board members thanked Ms. O’Brien for her presentation.

Public hearing, application for wine and malt restaurant license, Skeleton Key MA, LLC, dba Skeleton Key, 633 Market Street, Raymond Weaver, Manager

Chairman Crawford opened the public hearing, duly advertised and posted for 7:15 p.m. on this date in this location. Attorney Mark Vaughan of Reimer & Braunstein, representing the petitioner, said that the business, which features an interactive “escape room” adventure for customers to solve. There will be a small area where food, beer and wine will be served, where customers can gather before and after their adventure. Total seating is 34. Raymond Weaver, the manager, is also a principal at Muse Paintbar, also located in the Market Street complex. He has the proper liquor service certifications and there have been no incidents at any locations.

Chairman Crawford said that he spoke with Mr. Weaver about the concept and said that another recreational themed business would be a good addition. He asked if all those serving alcohol would receive either TIPS or ServSafe certifications. Mr. Weaver said they would. In response to a question from a newspaper reporter, Mr. Weaver said the business would cater to all ages but alcohol service would be limited to those of legal age.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a wine and malt restaurant license for Skeleton Key MA, LLC, dba Skeleton Key, 633 Market Street, Raymond Weaver, manager.

Interview, Board of Appeals alternate

Anders Youngren on Pinehill Road appeared before the Board for an interview for an alternate position on the Board of Appeals. Mr. Youngren has a degree in civil engineering from Northeastern, is a licensed real estate agent and has 30 years of experience in the civil construction industry.

Chairman Crawford thanked him for volunteering and said his expertise is well suited for this position.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Anders Youngren to an alternate position on the Board of Appeals, for a term to expire on June 30, 2019.

Application for common victualler license, Capital One Café, 600 Market Street

Paul Gibbs, representing the petitioner, said that the financial services firm Capital One is working with Ararmark Services to provide Peet’s Coffee at a Capital One location at 600 Market Street. In the space, 4500 square feet, coffee, soft drinks and pre-made sandwiches, pastries and snack items would be served to customers. Mr. Gibbs said the food service is an amenity. The location plans to open on January 24, 2017.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a common victualler license for Capital One Café, 600 Market Street.

Adoption of rules and regulations for alcohol service and appointment of liquor enforcement officers

Police Chief David Breen appeared before the Board to nominate police officers to serve as liquor enforcement officers. He said officers were trained by a retired Alcoholic Beverages Control Commission (ABCC) enforcement officer. He said that local officers must be appointed liquor enforcement officers in order to enforce local and ABCC rules and regulations. Lynnfield has never adopted local rules and regulations for the sale and service of alcohol. Town Administrator James Boudreau drew up a proposed set of rules and regulations after reviewing those of several other communities.

Chairman Crawford said these rules and regulations were reviewed by town counsel, who made minor revisions. These rules and regulations reflect state law and enumerate possible penalties for violations. Chief Breen said he would meet with license holders after they are adopted to educate them about the rules and regulations. Chairman Crawford said the adoption of rules and regulations would help solidify the Town’s position if the Board meted out a punishment for a violation and the business appeals the decision to the ABCC. He said a specified schedule of consequences for violations such as service to an underage patron or serving an intoxicated patron is included in the regulations.

Chief Breen said that the rules and regulations will let license holders know what is at stake if they are found in violation.

Selectman Dalton said he was comfortable with presenting these as possible outcomes but wanted the Board to retain flexibility in cases when an operator with a long record of compliance was found in violation. Mr. Boudreau said that the penalties are merely guidelines and the Board will have discretion. Selectman Barrett said this is a good starting point.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to adopt the Alcohol Rules and Regulations as presented.

Chief Breen, Sgt. Nicholas Secatore and Patrolman Christopher DeCarlo attended training of enforcement of ABCC rules and regulations. Chief Breen recommends that they be appointed

Selectman Dalton asked about sting operations. Chief Breen says the ABCC conducts them and Lynnfield’s liquor enforcement officers could do so as well. Many cities and towns conduct such compliance tests. Selectman Dalton said in his 40 years in the restaurant industry, he has found many such operations are unfair to the license holder and some have even approached harassment of responsible operators. He said he believes sting operations are an unfair approach to enforcement.

Chief Breen said he did not think they would be conducted on a regular basis, but that the occasional use of such a program will require license holders to be vigilant. Selectman Dalton believes that such operations are warranted only when the licensing authority has some evidence that there is a concern about an establishment. Chief Breen agreed that the enforcement actions would likely begin based on complaints received about a license holder. Selectman Dalton said he is fine with that approach. Chief Breen said there will be no harassment of businesses.

Mr. Boudreau said that police officers can enforce state law regarding liquor establishments. He said that appointing these officers as liquor enforcement officers allows them to enforce rules and regulations that are not part of the criminal code. For example, they could enforce the requirement of the Board that all servers at license-holding establishments are certified in safe service of alcohol.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Chief David Breen, Sgt. Nicholas Secatore and Patrolman Christopher DeCarlo as liquor enforcement officers.

Selectman Dalton congratulated Sgt. Secatore and Patrolman DeCarlo for their work in an investigation of a robbery at a Market Street store.

Appointment of chief records officer

Mr. Boudreau said that changes to the Public Records Law, municipalities must appoint a chief records access officer. Each municipal department will also have a records access officer; the Board will be asked to vote to appoint these officers at a subsequent meeting. The chief records officer keeps a log of all requests and will track the responses. Mr. Boudreau said he and Town Clerk Trudy Reid met with a vendor who provides software that allows for online records requests and tracking of responses.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Town Clerk Trudy Reid as chief records access officer.

Memorandum of Agreement – firefighter bargaining unit

Mr. Boudreau said this memorandum of agreement was reached after many meetings, in which Selectman Dalton participated as liaison, with the firefighters union. This contract addresses the establishment of a new shift system of 12 hours per day, with firefighters working for three days followed by three days off, to provide additional hours of coverage at the station. This will require hiring of additional full-time firefighters, as provided for in the budget, and the new fire prevention officer position. The compensation portion is in line with other bargaining unit agreements. The agreement also addresses the protocol for call-backs during periods during evenings.

Chairman Crawford said that he appreciated the hard work of the union representatives, Mr. Boudreau and Selectman Dalton, and the efforts all made to make this new staffing model work. He said he appreciated the work Selectman Dalton put in.

Selectman Dalton said this is probably the most dramatic change the department has seen in decades, and said he feels very comfortable that a fair agreement was reached. Both sides compromised. He thanked Mr. Boudreau, Chief Mark Tetreault and fire union representatives Kevin Mutti and James Alexander for working to reach a fair agreement. He believes the Town will have better fire and emergency medical services protection as a result.

Chairman Crawford said that this agreement and plan are fair and well thought out. Selectman Barrett said he is proud to be a member of the Board that brought this plan forward on behalf of the Town. He thanked the firefighters for their cooperation.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the memorandum of agreement between the Town and the Lynnfield Firefighters Association, International Association of Firefighters, for a period from July 1, 2016 to June 30, 2019.

Memorandum of Agreement, school custodians and bus drivers bargaining unit

Mr. Boudreau said that the agreement with the school custodians and bus drivers union was much simpler. Like other agreements for this period, it provides a 2.5 percent increase in base pay for each of the three years. It also includes a clothing allowance and a uniform requirement, as requested by the School Department. It also provides that new employees will receive vacation benefits on their one-year anniversary. Until now, some employees had to wait 18 months to be eligible.

Chairman Crawford thanked Mr. Boudreau and the union for reaching a good agreement.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the memorandum of agreement between the Town and the Lynnfield School Custodians and Bus Drivers, American Federation of State, County and Municipal Employees, for a period from July 1, 2016 to June 30, 2019.

Perley Burrill update

Selectman Barrett recused himself from this discussion, as he is an owner of an abutting property. He joined the audience for this portion of the meeting.

Mr. Boudreau said that the Town has taken possession of the former Perley Burrill service station property and has fenced off the land to prevent people from dumping debris there. The building on the left has been secured. There are concerns about two of the buildings surviving the winter due to snow loads on their roofs. An asbestos consultant must be brought on to design a plan to meet state standards for asbestos removal. Once state approval for that plan has been received, the funds for demolition of the buildings will be sought under emergency appropriations procedures.

Selectman Barrett rejoined the Board.

Use of Town facilities

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the placement of a menorah on the common by Chabad of the North Shore from December 22, 2016 to January 2, 2017.

Request for executive session under Massachusetts General Laws Chapter 30, Section 21 (a) (2)

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to enter executive session under Massachusetts General Laws Chapter 30, Section 21 (a) (2), to conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct contract negotiations with non-union personnel. A voice vote was conducted: Selectman Barrett – aye; Selectman Dalton – aye; Chairman Crawford – aye.

Chairman Crawford announced that the Board did not intend to re-enter open session.

The Board entered executive session at 8:10 p.m. and adjourned at 9:07 p.m.