February 10, 2020 meeting

Chairman Crawford called the meeting to order at 7:01 p.m. He announced that the meeting was being recorded for cable television and led those assembled in the Pledge of Allegiance.

Annual joint meeting with the Lynnfield Water District Board of Water Commissioners

Joint meeting with Lynnfield Water District Board of Commissioners to set compensation for tax collector and Board of Assessors

Pursuant to Section 108B, Chapter 41, of the General Laws of The Commonwealth of Massachusetts, this Annual Joint Meeting between the Selectmen and the Water Commissioners is called to set the salary to be paid to the Tax Collector and the Board of Assessors for work performed for the District. Lynnfield Water Commissioners John Harrigan, Ruth E. McMahon and Stephan F. Rondeau, D.C. were in attendance

MOTION by Ms. McMahon, duly seconded by Mr. Rondeau: I move that Chairman Dalton be nominated as Chairperson of the Annual Joint Meeting. Vote was unanimous

MOTION by Mr. Rondeau, duly seconded by Ms. McMahon: I move that the reading of the minutes of the February 4, 2019 Annual Joint Meeting be waived. Vote was unanimous.

MOTION by Mr. Harrigan, duly seconded by Mr. Rondeau: I move that the Fiscal Year 2019 annual compensation for services rendered to the Lynnfield Water District be set as follows; Tax Collector $550.00, Assessors $250.00 each. Vote was unanimous.

MOTION by Ms. McMahon, duly seconded by Mr. Harrigan: I move the meeting be adjourned. Sine Die. Vote was unanimous.

Discussion of Summer Street Transportation Improvement Program project

Town Engineer Charlie Richter reviewed the Summer Street Traffic Improvement Plan. He has a Power Point presentation. He noted the project runs 2.5 miles along Summer Street from Salem Street to Town hall and includes drainage improvements, granite curbing and bicycle lanes. Norman Brown of consulting firm Bayside Engineering reviewed the benefits of the project. Mr. Richter said that the Town has expended $150,000 on surveys and engineering and additional engineering funding will be south in each of the next five years to leverage the TIP funds.

Mr. Brown said it will provide for exercise and recreation options while increasing safety for motorists, bicycle riders and pedestrians, and reduce stormwater runoff into Pillings Pond. The state Department of Transportation approved the initial submission as a viable project. There were three public input meetings and in April of 2019 the state ruled it is eligible for $21.5 million in federal funding. The preferred alternative is a 43-foot-wide roadway usage, which will allow for the saving of trees close to the roadway.

A detailed survey is underway and expected to be completed in May. In the next two years, work will be done on the 25 percent design submission. Mass. DOT will respond with comments and a design public hearing will be held. Based on that hearing, 75 percent design and full design will be completed. Advertising and awarding of the contract is expected in 2027-2028 with a 24-month construction period.

The Town’s funding commitment for engineering would be approximately $2 million over six years. This would be about $300,000 to $400,000 per year. Town Administrator Dolan said that without TIP assistance, this project would take 20 years to fund without any other road projects being done based on the Town’s annual road improvement spending.

Chairman Crawford said it will be a tremendous project to bring before the Town for funding.

FY21 Budget Presentation: Library

Director Jennifer Inglis and members of the Board of Library Trustees presented the FY21 operating and capital budget requests.

Ms. Inglis presented accomplishments of the library over the past year. She said three key positions that were empty earlier in the year have been filled. The library worked with the Department of Public Works on building maintenance issues, including the installation of a new palladium window and upgrades to the septic system.  She discussed efforts to reach out to community cultural groups, other Town departments, the schools and regional organizations. The library had 85,000 visits in the past year, and over 300 programs were held for all ages.

The budget request includes staff negotiated salary increases, a contractual tuition reimbursement increase, expense increases and a request for additional staffing for the Children’s Room for evenings and Saturday. She said the last request would serve families with working parents. There is no staffing in the Children’s Room on weekends and evenings currently. She said this cannot be accomplished by moving staff hours without compromising offerings in other times. She presented data attendance on the use of the Children’s Room by day, showing high use on Saturdays.

Ms. Inglis said the additional hours would cost $25,900, including the additional materials cost of $3,500 to meet the state’s requirement that 16 percent of the library budget be spent on materials.

She reviewed the library’s goals of making sure materials are up-to-date, expanding partnerships and outreach, and preparing for action regarding the proposal to build a new library.

The capital budget request includes more functional equipment for the Children’s Room and a new microfilm scanner.

Mr. Dolan said that the library staff salaries are increasing following a negotiation in which it was demonstrated that Lynnfield’s staff salaries were lower than those in surrounding communities, and the library was losing staff due to low pay rates and lack of training opportunities. This year’s budget bears the brunt of a number of step increases and longevity payments. Without the additional hours, total salaries are up 5.5 percent. This contract calls for prorated longevity payments for part-time employees.

Trustees Chairman Robert Calamari said that the Trustees belie there are too many unsupervised hours in the Children’s Room. He said that the additional staff would be non-benefitted and part-time. He said there is not a way to shift staff hours to make this work. He said the data supports this request. He said the library budget is a small portion of the Town budget.

Chairman Crawford asked for background on the financing of the new library. Ms. Inglis said the Town has moved from 14^th to 12^th on the state funding list. Mr. Calamari said that state funding has been provided to two to three projects per year. He said that some communities ahead of Lynnfield may decide not to go forward with a building project. Library Trustee Russell Boekenkroeger reviewed the state’s projected funding increase for the library building program which is under discussion.

Discussion of liquor regulation regarding seating of minors at the bar in restaurants and club

Town Counsel Thomas Mullen has drafted a regulation to be adopted by the Board, to be passed prior to the proposed adoption of a proposed bylaw by town meeting, reflecting concerns raised by Board members. Mr. Dolan reviewed the provisions for the Board, and said that one restaurant in Town has said it is unwilling to bar the seating of minors at the bar proper. He said seating of minors at tables in the bar area would still be allowed. The regulation would go into effect on March 1.

Board members said they had no questions about the proposed revision.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to amend its alcohol rules and regulations by including a new section, “Minors Forbidden From Sitting at Bar,” as drafted by town counsel. Vote was unanimous.

Minors Forbidden From Sitting at Bar

A.        Prohibition.  In any restaurant, club or other facility where a bar is operated under a liquor license issued by the Board pursuant to G.L. c. 138, it shall be unlawful for the licensee to permit any person under the age of twenty-one (21) years to be seated at the bar at any time. 

B.        Posted Notice of Prohibition.  In any such restaurant, club or other facility, one or more signs shall be prominently posted in such a manner as to be plainly visible to anyone seated at the bar, which sign(s) shall state that persons under the age of twenty-one (21) years may not sit at the bar.  

III.       Enforcement

            A.        Any license issued by the Board pursuant to G.L. c. 138 may be modified, suspended, or revoked for any of the following causes:

1.         Violation by the licensee of any relevant provision of the General Laws of the Commonwealth, the regulations of the Alcoholic Beverages Control Commission (the “ABCC”), the Bylaws of the Town of Lynnfield or any of the Rules and Regulations of the Board.

2.         Fraud, misrepresentation, false material statement, concealment or suppression of facts by the licensee in connection with an application for a license or for renewal thereof.

                        3.         Failure to operate the premises covered by the license.

4.         Failure or refusal of the licensee to furnish or disclose any information required by any provision of the General Laws or by any rule or regulation of the ABCC or of the Board.

5.         Conviction of the licensee of any crime that is a felony under the laws of the Commonwealth of Massachusetts or the United States of America.

6.         Failure to comply with any condition, stipulation or agreement upon which any license was issued or renewed by the Board or upon which any application or petition relating to the premises was granted by the Board. It shall be the duty of the licensee to ensure that all appropriate personnel at the licensed premises are familiar with the rules and regulations of the Board and with any conditions on the license.

7.         The refusal by any licensee and, if a corporation, by a manager, officer, or director thereof to appear and to testify under oath at an inquiry or hearing held by the Board with respect to any application or matter bearing upon the conduct of the licensed business or bearing upon the character and fitness of such person to continue to hold a license.

Acceptance of a gift from the estate of Barbara S. Gray

Longtime residents Donald and Barbara Gray once lived on Longbow Road. Since their passing, the Estate of Barbara S. Gray has donated funds for the establishment of a scholarship fund for graduates of Lynnfield High School. Under state law, the Board of Selectmen must accept the gift on behalf of the Town.

Chairman Crawford thanked the Gray Estate for the donation and recalled Mr. Gray’s longtime service to the Town as a Finance Committee member.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to accept the gift in the amount of $534,948.88 from the Estate of Barbara S. Gray – Barbara S. Gray Revocable Trust to be used by Lynnfield High School for a scholarship fund in memory of Donald J. and Barbara S. Gray. Vote was unanimous.

Resignation from Housing Authority

Gerald Shulman has submitted his resignation from the Housing Authority to the Town Clerk. The Housing Authority is seeking a joint meeting on February 24 to consider applications to fill the vacancy until the April 2020 election.

Board members thanked Mr. Shulman for his work on behalf of the Town. The Board

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to meet jointly with the Housing Authority on February 24 and to accept applications from candidates who wish to be considered for the vacancy. Vote was unanimous.

Warrant for March presidential primary election

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board approve the March 3, 2020 presidential primary warrant as presented by the Town Clerk. Vote was unanimous.

Town Administrator update

Mr. Dolan provided an update on ongoing projects, including the rail trail engineering contract, a workshop held to identify areas that could benefit from proposed state funding to assist communities with flooding issues, removal of beaver dams in Beaverdam Brook, upcoming meetings of the Strategic Planning Committee and School Enrollment and Capacity Exploration Committee, and the Jordan Park project.

School Enrollment and Capacity Exploration Committee

Selectman Barrett announced that he will be applying for the Superintended of Schools position and therefore will step down as the Board’s representative of the School Enrollment and Capacity Exploration Committee. He recommended that Selectman Dalton be named as the Board’s representative at the committee’s final meeting.

MOTION by Selectman Barrett, duly seconded by Chairman Crawford: I move that the Board appoint Selectman Dalton as the Board’s representative to the School Enrollment and capacity Exploration Committee. Vote was unanimous.

Use of facilities

The Board has received a request from Good Hope, Inc. to run a 5K fundraising race on June 27, 2020. The request has been reviewed by the DPW Director and Police Chief.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the use of Town streets by Good Hope, Inc. for the Running Well 5K Charity Road Race on June 27, 2020, subject to any conditions imposed by the Chief of Police and Public Works Director. Vote was unanimous.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board adjourn. Vote was unanimous. The Board adjourned at 7:53 p.m.