January 22, 2019 minutes

Chairman Dalton called the meeting to order at 7:00 p.m. He announced that the meeting was being recorded for cable television and led those assembled in the Pledge of Allegiance.

Public comment

Resident Edward Baud of Dale Road thanked the Board and Town Engineer Charles Richter for work on the railroad culvert project. He said that he and the neighbors were happy. Chairman Dalton said Mr. Baud has been an advocate for addressing flooding problem in that area for years and the neighborhood is fortunate to have him.

FY 2020 budget presentation – Planning and Conservation

Planning and Conservation Director Emilie Cademartori will be on hand to present the FY20 budget request. Ms. Cademartori said the Planning Board and Conservation Commission budgets were combined into one this year reflecting the reorganization of those staffs. This reorganization resulted in no additional expense to the Town. She said $2100 was added to complete the zoning map, some of which has been done with FY 21017 funds. There is a small increase in the capital budget line for the treatment of Pillings Pond. Last year’s treatment was not successful in combatting algae blooms.

Ms. Cademartori reviewed her staff; she is full-time and she has two part-time clerks without benefits. A part-time field inspector position is currently unfilled. She reviewed the mission statement and goals.

Chairman Dalton thanked Ms. Cademartori for a very detailed presentation and said the combining of the two departments was a smart move. He said the budget request is very responsible.  Selectman Crawford asked about open permits on Town projects. Ms. Cademartori said as-built plans are needed to close some out. Selectman Barrett congratulated Ms. Cademartori on a job well done.

Speeding and traffic regulation discussion

Public Works Director John Tomasz, Town Engineer Charlie Richter and Police Chief David Breen discussed the Town’s current speeding regulations and enforcement and possible changes to those practices and regulations.

Town Administrator Robert Dolan thanked them for their work on this issue, which is important to many residents. He said signage, education, regulations and engineering will form a multi-prong approach to the issue.

Chief Breen said he regularly receives complaints about speeding on main roadways and side streets. He said the Town could accept MGL Chapter 90, Section 17C, which allows a Town to reduce the speed limit in thickly settled and business districts to 25 miles per hour if otherwise unregulated and posted. Town meeting would have to adopt this local statute. Chief Breen said the Town would benefit from more uniform speed limits; there are three different speed limits along Chestnut Street along Main Street also has several speed limits posted.

Chief Breen said enforcement is part of the solution, and he plans to seek funds for electronic signs. He said offenders are often local residents. He said the superintendent of schools favors this approach a, which has been adopted by several communities.

To change a posted and regulated speed limit, the Town must abide by state Department of Transportation regulations which require a traffic study and setting speed limits at the 85^th percentile of current speeds.

Mr. Dolan said that Bedford, Lexington, Swampscott, Ipswich and Melrose are among the communities that have adopted this local-option statute. He said signs would be posted at the entrances to the Town, and that it does help to slow people down, and gives police the ability to enforce speed limits in unposted areas. He said the blinking speed signs would be tried first near schools in a pilot program.

Mr. Tomasz said that he would look to add the signs in his capital budget request. He said these are not inexpensive measures. He said the state law captures just about every Lynnfield neighborhood. Mr. Dolan said Town officials will be meeting with a consultant about the state Complete Streets program next week. The Town will look to seek state funding through this program to implement street and traffic improvements.

Street and sidewalk program discussion

Public Works Director John Tomasz, Town Engineer Charlie Richter discussed the results of the recent streets and sidewalks surveys and options for implementing sidewalk and street improvements.

Mr. Richter said the engineering firm BETA Group just completed tie survey of all 87.5 miles in the Town, rating their condition from Excellent to Replace. The study identified $5.93 million of potential repairs. The results will be reviewed, and funds are available in this fiscal year’s budget for sidewalk work. The focus will be on heavily used main streets and around the schools at first. The Town has spent $25,000 per year on sidewalk in each of the last three years, and has addressed handicap access ramps around schools and problem areas around Town.

Selectman Crawford said he was surprised so few sidewalks had the Replace rating. Mr. Richter said a Poor rating is not acceptable and would warrant replacement, especially on heavily traveled sidewalks. Chairman Dalton aske that the cost of replacing all Poor and Replace rated sidewalks be provided. Mr. Richter said some stress have multiple grades, especially if they are long. He said the study also points out obstructions such as branches, hydrants and mailboxes.

Mr. Dolan said that the challenge will be addressing these capital issues when new growth revenues are abating. He said that bonding for a three-year program that would add funds to the state Chapter 90 money and funds sought from the Complete Streets program is a possible approach.

Mr. Richter said the other BETA report that was published in 2016 focused on streets, with a similar rating system. The Town looks at the 30 to 50 worst-rated streets, re-evaluating after each winter. The list of streets to be addressed considers the rating, available funding, and cost-savings made possible by mobilizing in one area. He said the Town has provided generous funding for street work for at least four years, and has made significant gains. A backlog of $16 million in needed repairs was identified in the report, of which many have been already addressed.

Board members thanked Mr. Richter for the presentation.

Lynnfield Center Water District water quality and governance issues

Mr. Dolan and Town Counsel Thomas Mullen discussed the Board recent developments with the Lynnfield Center Water District, which include the imposition of a new fee schedule retroactively, the calling of a special meeting in February to take up four articles submitted by petition, and the possible rejection of two of those articles. .

Four articles have been submitted for consideration by a special District meeting. One addresses filling a vacancy on the Commission; the second, the process by which the next superintendent of the district will be chosen; the third, funding for a rebate program for ratepayers who buy water filtration systems due to brown water issues; the fourth, a rollback of the increased rates implemented by the LCWD Board of Water Commissioners. The LCWD Board of Water Commissioners has agreed to the first of these two measures, but rejected the third and fourth. It objects that both intrude on the Board of Water Commissioners’ power to set rates.

Atty. Mullen said he agrees with the attorney for the LCWD that the fourth article would usurp the authority of the Board of Water Commissioners, but does not agree that the third, which appropriates funds for a rebate program, would do so.

Mr. Dolan said the Town is the largest ratepayer in the district, and that its water bill almost tripled, from $8,000 to $21,000. He said Town officials are also concerned about the impact on ratepayers.

Chairman Dalton asked about the lack of minutes reflecting a vote by the water commissioners to authorize the rate changes. Atty. Mullen suggested the Board discuss any possible court proceedings in executive session. Asked how to best address the rate issue, Atty. Mullen said that a short-term solution may not be available, but the Board of Water Commissioners could vote to rescind the rate change, and may be willing to do so after a change in membership. Mr. Dolan said that the initiators of the petitions intend to refile the third and fourth articles as advisory, non-binding articles due to the legal opinion.

Chairman Dalton said that the actions of the water commissioners have shown a disregard of the ratepayers and said it is incumbent on the Board to take action.

Formation of Recycling Advisory Committee

The Town has received a Community Compact grant to promote recycling and improve participation. A five-member Recycling Advisory Committee is proposed, with a draft charge included. Two members of a previous Recycling Committee, Marlene Faria Connelly and Patricia Fabbri, have continued to work with the DPW and School Dept. on recycling issues and have expressed interest in serving on the new committee.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett:  I move that the Board create a five-member Recycling Advisory Committee, with an initial charge as drafted, and appoint Marlene Connelly and Patricia Fabbri to three-year terms ending on June 30, 2021. Vote was unanimous.

Residents wishing to serve should submit letters of interest to the Town Administrator’s Office.

Resignation from School Enrollment and Capacity Exploration Committee

Gary Romano has resigned from the Committee. Selectman Barrett thanked him for his service.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett:  I move that the Board accept the resignation of Gary Romano from the School Enrollment and Capacity Exploration Committee with regret. Vote was unanimous.

Residents wishing to serve should submit letters of interest to the Town Administrator’s Office.

Resignation from Recreational Path Committee

Joseph Markey has resigned from the Committee. Board members expressed thanks for his service.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett:  I move that the Board accept the resignation of Joseph Markey from the Recreational Path Committee with regret. Vote was unanimous.

Residents wishing to serve should submit letters of interest to the Town Administrator’s Office.

Resignation from Planning Board

John Gioioso has resigned from the Planning Board. Under the Town Charter, vacancies in elected boards are filled in a joint session with remaining members of that board and the Board of Selectmen.  The vacancy would be filled permanently at the next town election in April.

When notification is received, the Board could schedule a joint meeting and invite applications with interviews and an appointment to be made at the next meeting, on February 11.

Board of Selectmen updates

Selectman Crawford will have an update on the Healthy Lynnfield Coalition. Prevention Coordinator Peg Sallade reviewed training and presentations for school personnel, community outreach efforts, and work being done on assessment based on the youth risk and parent surveys, police data and other community benchmarks. She said strategic planning centers around three questions: what factors put Lynnfield youth at risk?; what should the Coalition be doing about them?; and what outcomes are sought?

Preparations are ongoing for federal and non-governmental grant applications, community fundraising events, business sponsorships, the webpage, social media and a quarterly newsletter delivers through the schools. There will be assemblies at schools for students and parents, and four students will participate in the Massachusetts Interscholastic Athletic Association’s Opiate Prevention Conference, bringing back their experience and knowledge through the Youth Action team. Ms. Sallade has spoken at the Rotary Club, the Lynnfield Clergy Council and the Council on Aging.

Board members said Ms. Sallade has done a good job reaching out to students and the community.

Request for executive session Executive Session under G.L. c. 30A, §§21 (a)(3) To discuss strategy with respect to potential litigation, to wit, Lynnfield Center Water District

The chair declared that holding this discussion in open session would be detrimental to the Town’s bargaining position.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move the Board enter Executive Session under G.L. c. 30A, §§21 G.L. c. 30A, §§21 (a)(3) to discuss strategy with respect to potential litigation, to wit, Lynnfield Center Water District.

Roll call vote: Crawford – yes; Barrett – yes; Dalton –yes.

The chairman announced the Board would not re-enter regular session. The Board adjourned at 8:36 p.m.