October 15, 2018 minutes

Chairman Dalton called the meeting to order at 6:07 p.m.

Continuation of public hearing for laying out of Parsons Avenue Ext.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board of Selectmen re-open the public hearing on the laying out of Parsons Way Extension. Vote was 2-0 (Selectman Barrett not in attendance at this time).

Under Mass. General Law, the signed order of laying out must be available prior to town meeting at the town clerk’s office. Due to issues raised by residents at the meeting on Thursday, the hearing was continued until tonight, which prevented meeting of that statutory requirement.

Therefore, the Board will move that at town meeting the indefinite postponement of Article 4, the acceptance of the roadway as public way in the Town of Lynnfield.

Once all issues raised by the abutters have been resolved, the Board should vote to lay out the public way, so that action on acceptance may be taken at a subsequent town meeting.

The town engineer has indicated the Town will work with developer on a plan to ensure the street is plowed this winter.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen vote to continue the public hearing to Monday, November 5 at 7:30 p.m. Vote was 2-0 (Selectman Barrett not in attendance at this time).

Discussion and vote on special municipal employee designation for opioid litigation counsel

Town Counsel Thomas Mullen has advised that the Board should vote to designate as 'special municipal employees' any and all attorneys retained to represent the Town as special counsel in connection with opioid litigation, as those attorneys may represent clients in unrelated matters before the Town. This will prevent the Board having to sign an agreement that there is no conflict between their representation of the Town in the opioid litigation and their representation of clients before the Town every time such an instance occurs.

Example: Absent the designation, Anderson & Krieger, the local firm working with Scott & Scott on the opioid litigation, would be conflicted out of virtually any work related to Lynnfield no matter how unrelated to the opioid case.  The firm represents AT&T before many local boards on telecom matters, and they could not appear in Lynnfield for that client unless they got the "special municipal employee" designation.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board of Selectmen vote to designate as 'special municipal employees' any and all attorneys retained to represent the Town as special counsel in connection with opioid litigation. Vote was 2-0 (Selectman Barrett not in attendance at this time).

Recommendation on warrant articles

The Board has previously voted recommendations on most warrant articles. We now have firm numbers form the Town Accountant on Articles 1 and 2.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to recommend Article 1 with funding over payment of an overdue bill with $456 from free cash. Vote was 2-0 (Selectman Barrett not in attendance at this time).

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to recommend Article 2 with the transfers and funding sources as they appear in the town meeting handout. Vote was 2-0 (Selectman Barrett not in attendance at this time).

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to recommend Article 3 with a funding amount of $400,00. Vote was 2-0 (Selectman Barrett not in attendance at this time).

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to recommend indefinite postponement of Article 4. Vote was 2-0 (Selectman Barrett not in attendance at this time).

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to recommend Article 10. Vote was 2-0 (Selectman Barrett not in attendance at this time).

MOTION by Selectman Barrett, duly seconded by Selectman Crawford: I move that the Board vote not to recommend Article 12. Vote was unanimous.

MOTION by Selectman Barrett, duly seconded by Selectman Crawford: I move that the Board vote to recess its meeting until the start of town meeting and adjourn at the close of town meeting. Vote was unanimous.