September 12, 2016 minutes

Chairman Crawford called the meeting to order at 7:01 p.m. Chairman Crawford announced that the meeting was being recorded for transmission by cable television.

Review of warrant articles

Town Counsel Thomas Mullen told the Board that he had drafted a warrant article that would forbid short-term rentals within a residential district. He has proposed language that would revise the zoning bylaws to bar renting of single-family homes for fewer than 30 days unless the owner receives a special permit from the Board of Appeals, and also revises the zoning bylaws to prohibit the renting of rooms for 30 days or fewer. He said many municipalities around the country are now wrestling with how to regulate the short-term rental of homes that has resulted from the growth of Airbnb and other businesses that provide such services. He said he believes the proposed zoning revisions would be approved by the attorney general and withstand any appeal. He said that while the ban on short-term rentals is already implicit in the zoning bylaws, this language will make it clearer.

Chairman Crawford asked if this is the most stringent regulation possible without risk of being rejected by the attorney general. Mr. Mullen said he believes so. He said that while long-term rental is an accepted residential use, short-term rental is a commercial use similar to running a hotel. He said 30 days is the cutoff between short- and long-term rentals in the international building code. He said there is no need to ban longer-term rentals, which would open up the Town to a challenge on the basis it is banning rental of homes.

Selectman Dalton asked about penalties for violation. He said this change would make it clear to the Board of Appeals and any judge that such short-term rentals are only allowed with a special permit. He said the building inspector could enforce it through cease-and-desist orders, fines and seeking court injunctions. He said the court route takes time and is expensive, but it works. The fine for violation is $100, but judges can impose larger fines and put an offender in jail if he fails to comply with the order.

Board members said they would like to see the fine increased. Mr. Mullen said that under state law the largest fine allowed is $300 per day. Board members said they favored amending the fine in the zoning bylaw.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to direct town counsel to draft a warrant article that would increaser the maximum fine for violations of the zoning bylaw to $300 per day.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to refer the article submitted by town counsel to the Planning Board.

Town Administrator James Boudreau reviewed the eight other articles included on the draft warrant. One article would allow payment of bills from a previous fiscal year; he said he is not aware of any at this time. One would allow transfers of funds within the current fiscal year budget; he said there may be one or two transfers needed at this time. One would allow the appropriation of funds from free cash to the Other Post-Employment Benefits (OPEB) trust fund; he said it is unclear whether there will be a transfer made as OPEB funding is now addressed in the operating budget. One would provide funding for construction of a clubhouse at the King Rail golf course; the architect will be making a presentation on that subject act the October 3 meeting. One would transfer a portion of the land at King Rail golf course to the Board of Library Trustees for potential use as a site for a new library; one to appropriate funds received from an insurance settlement related to the fire at the public works garage; one to petition the legislature to pass special legislation allowing the Town to conduct drainage work on MBTA property after obtaining a certain insurance policy; one to eliminate the late charge for filing your do license renewal after the deadline.

Field project update

Fields Committee Chairman Arthur Bourque appeared before the Board to provide an update on the fields project.

At the high school, the project has been complete for some time. A wall has been added around the baseball bullpen to keep the clay from the mound from washing away. Neighbors have expressed concerns about screening between their properties and the softball field. Northeast Regional technical High School has been asked to supply students to pout in plantings in that area which would add a layer of trees from 10-18 feet in height along that area. This work is expected to be done in late September or early October. Neighbors complained the blue dugouts resemble trash containers. Arborvitaes were donated by the Shinnick family and planted. They provide shielding of the view from neighbors’ first-floor windows. The trees are expected to provide shielding from second-floor views. About $3200 is left in funds for the high school project; the tree plantings are expected to cost $15,000 to $20,000.

Resident Judith Barry complained of the noise level and views from her yard behind the softball field. Noise complaints included amplified music being played during practices and loud adults swearing and yelling during kickball games, as well as youths screaming during pickup games.  She said other residents have complained about the heavy use of the fields, the lights and the noise. Their requests include creating a berm around the softball field. They would like to see limitations on the hours of use, as the batting cage shave been used as early as 7:00 a.m. and lights have been on at the baseball and soccer fields as late as 10:00 p.m. They would also light the dugouts, which are blue, painted dark green.

Chairman Crawford said that there have been some improvements. Selectman Barrett agreed with neighbors that the dugouts look like trash containers. Mr. Bourque expressed concern that painting them might void the warranty on the finish. Ms. Barry asked that the trees be extended to the outfield and not just the dugout area.

Resident Nick Stead said Mr., Bourque had been out to talk to neighbors and said that the fields project was a great thing for the Town’s youth. He said he is concerned about the maintenance of the grass and shrubs, which Chairman Crawford said is a subject being worked on. He also expressed concern about youths on the fields after hours. He agreed with the planting of trees. Mr. Bourque said he would keep everyone informed on the plans for planting. He said he is sympathetic to the neighbors due to the changes brought with the field project. He said the Town needs to address the times facilities are available for use with the Recreation Commission. He said the Town could also restrict the use of the fields to permitted uses, which would eliminate pickup games. He said drinking by adult groups must be addressed.

Ms. Barry asked whether the users are all Lynnfield teams or if the fields are being rented for outside team. Mr. Bourque said he believes most uses are for Lynnfield teams, although he said there have been some tournaments there as well. Chairman Crawford said that the Town will consider addressing scheduling and time issues. He said the Board will bring the Recreation Commission in to discuss these matters at an upcoming meeting.

Resident Thomas Iannuzzi asked if neighbors were given notice about this project before it proceeded. Chairman Crawford said the field plan was publicized and vetted for over two years. Ms. Barry said she was surprised how many trees were removed. Chairman Crawford said a 100-foot buffer still remains. Mr. Bourque said that there have been challenges regarding setbacks with neighbors at every location during the fields project.

Mr. Bourque said that as it has been so many years since the last project at these locations, existing problems that were not apparent emerged, such as wells that would not yield enough water and major drainage issues at Newhall Park. The fields project budget absorbed some of these unforeseen issues, but some work cannot be completed without an additional town meeting appropriation. He apologized to the Recreation Commission and School Department for displacing school and recreation programs to continue unfinished work this fall. He said at Huckleberry Hill, the all-purpose area was to be replaced but bids came in higher than expected. The delay would have caused the area to be unavailable for the first two months of the school year.

At the Middle School, Gregg Monastiero’s firm, Windsor Courts, LLC met its obligation to provide assistance with the fields project by performing work top redo the playing field at the Middle School, including providing clay, sod, hydroseeding, excavating for dugouts and creation of a drainage swale. When breaks in the sprinkler lines at the site were discovered, Monastiero agreed to repair the problem, although this was not part of the agreement. During the project, it was found that the wells could not provide the necessary water. Tank trucks were brought in with water provided by the Lynnfield Water District due to the ban in the Lynnfield Center Water District. A company has been contracted to dig a new well with greater yield.  Irrigation is needed for the softball field, and money is available for that project. He said the work done on behalf of Monastiero was double what he owed to the Town, if not more, with a good-sized crew spending two weeks at the site. He said he is extremely satisfied by the result, noting that Mr. Monastiero is a Lynnfield resident doing the right thing for the Town.

At Newhall Park, a drainage issue was discovered during work there. Proposals to remedy the situation began at $70,000 and were lowered to $40,800 through work done by Gale Associates, former Public Works Director Andrew Lafferty and Town Engineer Charles Richter. The issue is that water is coming onto the property from the Bali Hai lot. The irrigation system installed years ago had to be addressed. Fields at the site need additional work and have deteriorated over the past four years. The parking lot required work for its slope and to bring handicapped spaces up to code. The final work, including sealing and relining, will probably be finished by October. The additional work at Newhall Park resulted in about $74,000 in change orders. In addition, work at the Summer Street and Huckleberry Hill school sites was believed to cost under $35,000 but estimates now place them above $50,000, which will require a formal bidding process. As a result, work at these sites has been delayed. The rubber playground surfaces were resurfaced due to safety issues, but the fields at these sites remain in deplorable condition.

At Glen Meadow Park, the Little League field is n excellent condition. A $14,000 change order was required to replace the rusted backstop. Work at the playground remains to be down. Townscape, Inc, will fence the playground. Basketball and tennis courts will be resurfaced.

Mr. Bourque recommended reconvening the Recreational Fields Committee to go through the list of work remaining to be done. A list has been prepared and shred with sports leagues and user groups. He suggests that the list of work and price estimates be brought to annual town meeting to determine whether the voters wish to fund these projects. H estimates that $32,000 is left for the project at the High School and $45,000 is left for the Town-wide project, minus the cost of the work for the well at the Middle School. Works not completed on the original project would cost about $100,000 to $120,000 at Huckleberry Hill and Summer Street School. The grant application for state funds for work at Jordan Park was not approved. Other smaller items are also on the list.

Chairman Crawford thanked Mr. Bourque for his work on the project. He said that significant change orders were necessary to correct existing issues at the sites, such as drainage and irrigation problems, He asked if a warrant article would be needed for funds to finish work at the school sites. Mr. Bourque said that there would be multiple phases in a follow-up project and that they could be handled in steps over a period of years. He said the Jordan Park project will costs about $750,000, as it would include new parking, drainage, and work to address neighborhood concerns. It was learned that the tennis courts at the High School cannot be assessed by resurfacing as budgeted, but must be replaced, and whether the Town should increase the number from four to five. He suggested that the Town get input from residents and engage the project’s engineering firm to provide cost estimates for the remaining work, bid the work, and have voters decide whether they wish to fund it.

Chairman Crawford asked if a separate committee should be appointed for the Jordan Park project. Mr. Bourque said he believed the existing committee is willing to handle that project and said he would talk to Lynnfield Youth Soccer to determine if two full fields are still needed there. He noted that new programs have emerged such as flag football and that the committee has to work with sports groups and the Recreation Commission to determine current and future needs.

Board members thanked Mr. Bourque and his committee for their work. They also agreed that the committee should reconvene and provide cost estimates and a priority list for the unfinished projects.

Resident Patricia Campbell asked whether there is a maintenance plan for the athletic fields and said she would not favor appropriating more funds for the fields until one is in place. Mr. Boudreau said that Public Works Director Andrew Lafferty had almost finished with this document before he resigned, and that portions have been implemented.  He said the new director would complete the plan, and work on cost estimates and funding sources.

Chairman Crawford said that Mr. Bourque had worked on the maintenance plan, which is very comprehensive and took several months. Mr. Bourque said this plan is a 17-page spreadsheet delivered in February. Mr. Boudreau said this plan covers activities through the year, and a long-term plan would be created and incorporated in to the Town’s capital plan.

Resignation from the Cultural Council

The Board received letters of resignation from Cultural Council members Elizabeth Visco and Karen Duggan. Chairman Crawford thanked them for their service on behalf of the Board.

Cultural Council interview

Katianne Williams appeared before the Board to interview for a vacant position on the Cultural Council. She is a nine-year resident of the Town with two children of school age and a volunteer coordinator for the Boy Scouts, a religious education instructor at St. Maria Goretti Church and is a volunteer for the local girls’ softball organization. She holds a master’s degree and is involved in writing. Cultural Council Chair Amber Vaccaro reached out to her to see if she would be interested in serving on the council. Chairman Crawford thanked her for coming forward.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to appoint Katianne Williams to a term on the Cultural Council expiring on June 30, 2017.

Interview for Library Building Committee

Nick Connors appeared before the Board to interview for a vacant position on the Library Building Committee. He has lived in Lynnfield for three years with his wife and two young children. He has worked in public affairs for a private company in the area if public-private partnerships. Library Building Committee Chair Russell Boekenkroeger said that committee recommends his appointment and said it hopes to get young people involved in the project. Board members thanked Mr. Connors for volunteering.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Nick Connors to the Library Building Committee for an indefinite term.

Interview for Conservation Commission

Christopher Martone appeared before the Board to interview for a vacant position on the Conservation Commission. A one-year resident of Lynnfield, he works in finance and business but is passionate about wetlands and has been active in bird and ecology surveys.  He has been involved in the work at the Partridge Island site. Chairman Crawford thanked him for volunteering and said that the Commission is very active and that it has recommended his appointment.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Christopher Martone to the Conservation Commission for a term expiring on June 30, 2019.

Request for increased life insurance for retirees

Retired town administrator H. Joseph Maney appeared before the Board to request additional life insurance be made available for retired employees. He noted that retirees do not have a seat at the bargaining table during contract negotiations. Employees receive as a benefit a $10,000 life insurance policy. Retirees have a $5,000 policy. The Town pays half of the premium.

Mr. Maney, who is also on the executive board of the Essex Regional Retirement Board, said that there are 121 Lynnfield retirees in that retirement system (school instructional employees are part of the state’s retired teachers retirement system). He asked that the retiree policies be increased to $10,000. The state had considered a similar proposal but it was not funded in the budget. The increase would cost $20.71 per retiree, or just under $1500 for the Town. He said 15 retired teachers also receive the $5,000 in coverage. Adding these retirees to the program would raise the Town‘s cost to $1,800 annually. He said there are also 47 retired teachers who receive only a $1,000 policy, and said they should be treated the same as other retirees.

Mr. Boudreau said that Treasurer Christine O’Sullivan assembled data on the cost to the Town of Mr. Maney’s proposal. Mr. Boudreau acknowledged that the Town’s life insurance pool would be affected by the additional insurance for older members of the group. He said the cost to the Town to provide a $10,000 policy to every retiree would be about $40,000 annually. This would require an additional appropriation and would have to be budgeted and reviewed as part of the budget process.

Main Street traffic issues

Thomas Iannuzzi and other residents of Main Street appeared before the Board to discuss traffic issues in the Town center. Mr. Iannuzzi said that the lack of stop signs, traffic signals or speed bumps has resulted in speeding on the street and frequent accidents and near-misses. He said there is also confusion about the traffic pattern where Main Street meets South Common Street. He said that he believes two stop signs placed before the Center Farm location and near the crosswalk, would help slow traffic.

Mr. Iannuzzi also complained about the noise issues from motorcycles that are frequently coming down Main Street. He said that the long, scenic road without traffic lights or stop signs is attractive to out-of-town riders. He said that he sees about 30 per day, and that they are speeding and some have altered their exhaust systems to make them louder.

Chairman Crawford said these issues have been discussed at length by past boards. Police Chief David Breen said that his department has conducted a traffic analysis on Main Street, and said that the average speed on Main Street near the center, excluding those vehicles traveling at less than 10 miles per hour, is 29 miles per hour. He said this indicates that the current speed limit of 25 MPH is appropriate.  He said the speed limit is 30 or 35 MPH along other portions of the roadway.

Chief Breen said the focus for traffic enforcement has been along Walnut Street and said that there has been a presence on Main Street, not only in the center but closer to the Middleton line, and that increased enforcement would yield results. A three-year analysis has shown that there have been no accidents with pedestrians in the area of the crosswalk by the Middle School. He said he is not sure that a four-way stop would be appropriate for the Town center.

Mr. Boudreau said speed bumps are not a practical solution as cars and trucks crossing them cause loud noises that disturb residents, and they can cause damage to snow plows and other vehicles. He said enforcement is the preferred measure. Chairman Crawford agreed that a greater enforcement presence is the best solution, and said he has seen officers writing citations on Main Street.

Chief Breen said that increased enforcement has yielded results. He said that on the issue of motorcycle noise, courts have thrown out evidence that was not produced by properly trained officers using calibrated decibel meters. He said even under the best circumstances, it is difficult to measure sound readings from one specific vehicle due to spillover from other vehicles and noise sources. He said he would have a trained officer run a motorcycle awareness traffic program, as has been done as recently as last year.

In response to questions from the Board, Chief Breen said that only two motorcycles out of 40 stopped during last year’s motorcycle enforcement effort failed to pass the decibel measurement. He said he would run another one when the weather was appropriate. He said the Massachusetts Motorcycle Association is aggressive in appealing these citations. He said he would also look at signage.

Chairman Crawford asked that additional traffic enforcement measures be taken on Main Street and that another motorcycle enforcement program be conducted in the future. Chief Breen said that he has heard that there may be a proposal to change aspects of center shopping property, and said if this came about, there would be

Public works director search

Chairman Crawford said that the Board has posted the vacant position and said incumbent Andrew Lafferty’s last day is Friday. He said board members have done individual interviews with candidates and will continue to do so. He suggested that Town Engineer Charles Richter be appointed as interim director, noting he served in that manner during the previous vacancy.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to appoint Charles Richter as interim Director of Public Works until the permanent vacancy is filled.

Chairman Crawford said that a vote on the pe3rmanent director is expected by the next meeting of the Board. Resident Patricia Campbell said she hopes the vetting is thorough. Chairman Crawford said background checks and speaking to past employers is part of the process.

Renewal of the agreement with the Town of Wakefield for shared inspectional services

Mr. Boudreau said that the renewal of the agreement for a shared building inspector is due. He said Jack Roberto does a superb job and this is a good deal for the Town. Wakefield has already approved the renewal.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to approve the renewal of the agreement between the Town and the Town of Wakefield for shared building inspector services.

Financial update

Mr. Boudreau said that Fiscal Year 2016 was closed out and the paperwork has been sent to the state Department of Revenue. About $2.7 is expected to be certified in free cash, due in part to $1.3 million in unexpended appropriations turned back by departments. This free cash amount is much higher than it has been historically.

On Fiscal Year 2017, Mr. Boudreau said that looking at the percentage of funds expended from a line item versus the time expended in the year does not work for items such as dues, insurance premiums and others that are paid in lump sums at the beginning of the fiscal year. He said police overtime is running high due to summer vacations, which is a seasonal issue. The Other Employee benefits line item is about 75 percent spent due to a high number of pre-employment physicals for call firefighters.

At the state level, revenues are lagging behind projections, which could eventually impact local aid if this trend continues.

He said the Town is in good fiscal shape.

Municipal modernization legislation update

Mr. Boudreau summarized the recent passed Municipal Modernization Act, which is not yet in effect, and the features that would have the most impact on the Town.

One item eliminated from the final bill was giving municipalities more power to expand the number of alcohol pouring licenses they can award. The threshold on various bidding requirement under procurement laws were raised. Appropriations to a stabilization funds will require a majority vote, but appropriations from them will still require a two-thirds vote at town meetings. Snow and ice deficit spending can be approved by the town administrator rather than the Board. A cap on the amounts of year-end transfers was lifted if the Board of Selectmen and Finance Committee approve the transfers. The amount of insurance restitution that can be appropriated without town meet8ing action was increased to $150,000. The assessors’ overlay account will no longer be segregated by fiscal year. Boards of selectmen can reduce speed limits to 25 miles per hour in thickly settled districts or business districts, or 20 miles per hour ibn designated “safety zones” without state approval. Boards of selectmen can fill vacancies on housing authorities if the state has not acted within 120 days to fill the governor’s appointment position.

Mr. Boudreau said this bill will be good for local municipalities.

Community Compact update

Mr. Boudreau said that the grant for capital planning has been used to fund a consultant to assist the Town on long-term capital planning, and that the consultant will work with the Capital Facilities Advisory Committee. The grant for financial transparency will be used to pay a consultant to assist the Town is developing greater fiscal transparency through its website.

For future applications, a possibility is seeking software to track projects. A joint application with one or more communities could be considered.

Selectman Dalton suggested seeking funding to assist with the development of a new master plan and for long-term budget forecasting.

Union Hospital update

Chairman Crawford provided an update on the planned changes of services at Union Hospital in Lynn. He asked to be put on the state committee studying the closure plan, but was refused. He said the good news is that keeping the emergency room at Union Hospital open is under consideration, although it is unclear if it would be an around-the-clock operation as it is currently. A survey of usage has been conducted. He said nighttime service is less of a concern, as traffic is lighter in the overnight hours, making travel to other facilities faster.

Reedy Meadow flooding update

Chairman Crawford said he, Mr. Boudreau, local resident Edward Baud and Mr. Richter met with State Representative Bradley Jones Jr. to discuss the breaching of the MBTA culvert near the Perry Avenue neighborhood. The MBTA wants to be indemnified for such work. Rep. Jones will set up a meeting with MBTA and Town officials. An article on the fall town meeting warrant will seek legislation to ease the conditions for such indemnification. Due to the protections afforded to Reedy Meadow, any process to make changes in that area takes a great deal of time.

Public comment

Ms. Campbell complained about a tree limb over Patrice Lane that is rotted or broken and presents a danger to the public. She said the Town should take steps to address this issue and similar issues around the Town.

Approval of minutes

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to approve the minutes of August 15, 2016 as submitted.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to approve the minutes of August 26, 2016 as submitted.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to adjourn at 9:41 p.m.