September 12, 2018 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.

Proclamation and letters for U13 Boys Select lacrosse team

Coaches and members of the U13 Boys Select Team, winners of the state championship in the Massachusetts Bay Youth lacrosse League, attended and were presented with a citation and letters for individual members and coaches. Coach Kevin Cardinal introduced his team and reviewed season highlights.

Lynnfield Center Water District governance and water quality issues

Chairman Dalton has prepared a statement and proposed recommendations to address Lynnfield Center Water District (LCWD) water quality and governance issues. Chairman Dalton said LCWD responded to the proposed changes, as did Lynnfield Water District (LWD). He congratulated the LWD Board of Commissioners for being willing to explore all avenues to assist LCWD and said he understood that they did not want LWD to bear the cost of the assistance. He suggested that the Board endorse the letter and amend it to suggest the LCWD add an advisory council to assist with these issues, and suggested Robert Almy, former director of the Santa Barbara CA water district; John Scenna public works director for the City of Melrose, and Lynnfield public works director John Tomasz, who ran the Salem water system and is a water commissioner in Newburyport. He said LCWD has agreed to adopt some of the suggestions in the letter but that he does not believe they have gone far enough. A nine-page response from the LCWD attorney says that having the superintendent of the district serve as a commissioner is within the law. But Chairman Dalton said this is not good governance to have an employee serve on the board. He said Superintendent Kenneth Burnham has announced he plans to retire after long years of service and that the LCWD should be planning for hiring the next superintendent.

Selectman Crawford agreed with the letter and said it should be sent from the Board. He said LCWD has communication issues and that the Board must advocate for residents. He agreed to the addition Chairman Dalton suggested. Selectman Barrett said he appreciated Chairman Dalton’s leadership on this issue and also favors the suggestion in the letter that special legislation be sought to have the Board appoint a member to the LCWD Board of Commissioners. He said he fully supports the letter and the amendment. Chairman Dalton said the hardest push-back on the proposed letter from the LCWD attorney was on the issue of Board of Water Commissioners selection.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen adopt the recommendations for the Lynnfield Center Water District as presented by Chairman Dalton, with the addition of language recommending the adoption of an advisory committee. Vote was unanimous.

Market Street Advisory Committee Report

Jen Bayer, chair of the Market Street Advisory Committee, presented the committee’s final report. Chairman Dalton said he was very impressed by the work of the committee and the number of issues it examined. He said while committee members sometimes disagreed, they produced outstanding work and deserve the gratitude of the community.

Ms. Bayer reviewed the committee’s history from its creation in May of 2017. She said it targeted ongoing communication between Town government, National Development, WS Development and residents. It has completed its work, with subcommittees formed to reviews specific issues. Some issues were resolved by opening communications. The report will be available on the Town’s website, along with supporting documentation.

She summarized the major issues addressed in the report.

Lahey building: The Planning Board addressed design standard issues. Residents with concerns are urged to contact the Building Inspector and Planning Board.

Berm improvements: A public forum on compliance with the agreement on the berm was held. The committee concluded that National Development is not meeting the spirit or letter of the agreement due to issues with lasting vegetation. As a result, 50 new trees will be planted.

Noise: Noise from trucks, snow removal operations, music, construction and leaf blowers were discussed. There were only a few complaints about music. Efforts are being made by management to minimize noise from snow removal, although night plowing is unavoidable. The committee discussed adoption of a Town-wide noise bylaw but recommended against its consideration at this time due to difficulties with measuring decibel levels at the property line.

Financial impact: Revenues from Market Street have far surpassed the amount predicted in the financial impact report prepared in 2007. The Town has received $16.67 million in tax and other revenue, which has been used to fund operating budgets and capital improvements, including athletic fields, infrastructure improvements, creating a fund for post-employment benefits for which the Town is obligated, school safety measures, technology improvements, the purchase of Center Farm, implementation of tuition-free full-day kindergarten. The development also helped the Town avoid the negative financial impact of housing development on the property. The Board of Selectmen must consider the impact of the leveling off of new growth revenue from the development, as well as the impact on real estate values of abutting properties, and the impact of motor vehicle accident data on residents’ insurance rates. It is in the Town’s best interest for Market Street to remain a successful development.

Parking: Issues in lack of parking were identified during peak times, holiday season and when snow removal requires the use of parking spaces for snow storage. A public forum was held and the parking plan and a 2018 study by VHB were reviewed. In peak Saturday afternoon hours, about 85 percent of spaces are occupied. Even with future expansion, the parking meets the requirements of the bylaw. Expanded parking may be desirable, especially to meet peak demand during the holiday season.

Traffic: Residents are reporting having to wait through several light cycles during heavy traffic periods, including holiday shopping season, during special events, and during good weather. Lynnfield police and management have been consulting on the issue. Car accidents have increased and traffic has slowed emergency response times. The installation of “smart light” technology is recommended at three intersections in the Walnut Street/Route 95/Salem Street area, as well as dedicated right turn lane son Walnut Street at Market Street and Route 128 at Walnut Street. The temporary speed bumps on Heather Drive and King Rail Drive should be made permanent.

Cinema: Town meeting would have to approve a zoning change to allow for a cinema on the property. The proposed eight-screen, 800-seat cinema would not increase the total allowed square footage of buildings, as the office space allotment would be reduced. The cinema would be located near the Gaslight restaurant, and a parking structure would be added. The Town would receive $150,000 in additional revenue if the theater were to be developed instead of office space, but there will be offsetting costs. Concerns about possible underage drinking will be addressed by management. The traffic impact of the new Lahey building is unknown. The committee recommends that the cinema proposal be reviewed once the Lahey building has been occupied for one year. The committee did not take a position on the cinema proposal.

Ms. Bayer thanked the committee members, as well as clerk Lauren Hurton and Board liaison Richard Dalton. Board members congratulated Ms. Bayer and the committee on their comprehensive and impressive work. Police Chief Breen also thanked Ms. Bayer for her work keeping the committee running smoothly and working to keep all parties advised of issues.

Selection of Daniel Townsend Award for Excellence recipient

Chairman Dalton nominated Al Merritt as a posthumous recipient of the Daniel Townsend Award for Excellence. He reviewed the criteria for the award and Mr. Merritt’s service to the Town as a member of the Board of Selectmen, Finance Committee, School Building Committee and Economic Development and Housing Advisory Committee, and said Mr. Merritt’s leadership was essential on projects that will shape the destiny of Lynnfield for decades to come: the Market Street development and the school building project. He also recognized Mr. Merritt’s significant contributions to the high school as a Board of Trustees member, his alma mater, Georgetown University, as a member of the Board of Regents and St. Maria Goretti parish, as well as his successful business career.

Selectman Crawford and Selectman Barrett both described Mr. Merritt as a mentor and echoed Chairman Dalton’s view that Mr. Merritt was an exemplar of volunteerism. Beverly Merritt thanked the Board on behalf of the Merritt family.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen select Al Merritt as the 2018 recipient of the Daniel Townsend Award for Excellence. Vote was unanimous.

Three-year budget projection report

Town Administrator Robert Dolan and Town Accountant Julianne McCarthy presented a three-year budget projection report. Mr. Dolan said this report is a fulfillment one of the Board’s goals. He said educated assumptions were made based on local, regional, state and national trends. He said this review does not replace the monthly budget and expenditure review nor the annual independent audit of Town finances. He said that this exercise allows for the identification of financial challenges and opportunities. Issues of concern include rising insurance a pension costs, collective bargaining obligations, capital debt service and the Town’s bond rating. The report will be available on the Town website and will be presented to the Finance Committee, School Committee and department heads.

The main source of new growth in the tax levy has been Market Street, which created a historic rate of new growth in revenues over the past eight years. The Town will now have to once again live within more typical rates on new growth, of about $400,000 per year.

Lynnfield is very strong financially but entering an era of transition in which needs will remain and expand as new revenue sources are limited. Revenue from Market Street has been well invested, as detailed in the previous report. Increases to the school budget have averaged four percent per year over the last decade. Investments have been made in lower class sizes, special education services and programs, and maintaining and recruiting talented educators through very competitive salaries. Home values have been increasing. The Town has invested funds in roads, capital equipment, state-of-the-art recreational facilities. Funds have been added to the stabilization fund and the Town has created a new fund to assist with paying for non-pension post-employment benefits. These have been paid for without resorting to debt exclusions or overrides.

In the future, the Town will be more reliant on property tax revenues and state aid, which only increased by 1.66 percent this year. The Town can expect $1.2 million per year in new revenue, based on 2 percent increases in state aid and local receipts.

In expenditures, general government has grown by 2 to 2.5 percent. All collective bargaining agreements expire in June; past agreements have been fair to the Ton and employees but are one of the chief drivers in Town expenses. Base salary increased have been 2.5 percent in the past three years; revenue projections clearly show this is not sustainable. In public safety, expenses have increased by 3.5 percent, chiefly due to additional staffing. Public works and recreation and library expenses have increased by three percent. Human services have increased by 2.5 percent. School costs, increasing by 4 percent, drive the budget; this rate of growth is higher than peer communities and consume almost all new revenues. Pension and health costs can be expected to rise, at current rates of 4 and 9 percent.

Next month, a demographic study of the student population will indicate future enrollment trends. The Town will see the falling off on debt from past projects, but the Town may need to institute new investments or increased operating costs. Voters rejected the proposed housing development on a portion of the Sagamore golf course, which will limit new growth revenues. The Board and Ms. McCarthy work to make sure revenue estimates are achievable to allow for a healthy free cash balance, which allows the Town to address unforeseen issues such as the failure of the Meeting House and library septic systems.

Current projections of revenues and expenses show a $200,000 deficit in Fiscal Year 2020, which will grow to $1 million by Fiscal Year 2022. The Town has some time to address this issue, but decisions will have to be made to allow the Town to be as solvent and as flexible financially as it has been.

Selectman Crawford said it is critical for the Town to negotiate collective bargaining agreements that are sustainable in light of the projected reduction in new growth. He said this will require buy-in from employee unions. He highlighted the investment made in capital projects in recent years. Selectman Barrett thanked Mr. Dolan and Ms. McCarthy, and said this report will help the Board as it looks to make sound decisions.

Community Compact grant applications

The Commonwealth began accepting applications under the Community Compact program August 15. Mr. Dolan has reviewed areas of potential applications with department heads. In addition to the emergency management plan development grant approved by the Board at its August meeting, Mr. Dolan is recommending that the second grant application address increasing recycling and reducing solid waste disposal.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen approve the application for a Community Compact grant in the area of recycling and solid waste. Vote was unanimous.

Open fall meeting warrant for acceptance of articles

The fall town meeting will be held on Monday, October 15. Residents who wish to submit petition articles should inquire with the Town Clerk’s office to receive the approved forms.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett I move that the Board of Selectmen open the fall town meeting warrant for submission of articles and select as the closing date for the warrant Wednesday, September 26 at 7:00 p.m. Vote was unanimous.

Appointment of Fire Chief Screening Committee

The Town is about to embark on a search for a new fire chief. Chairman Dalton has recommended the appointment of a committee with five voting members and one non-voting fire union representative, to be designated by the Lynnfield Firefighters Association.

Chairman Dalton said a similar approach worked well in the town administrator search process. He said he discussed with Mr. Dolan restricting the initial review to in-house candidates, and then go to outside candidates if needed. Mr./ Dolan said this is standard practice for the Town.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen create a Fire Chief Screening Committee with the following members: Richard Dalton (Board of Selectman representative); Thomas Kayola (Finance Committee representative); Robert Dolan (Town Administrator); David Breen (Police Chief); Robert MacKendrick (former Selectman and retired Assistant Fire Chief). Vote was unanimous.

Exemption under Massachusetts General Laws, Chapter 268A, Section 20 (B) for Finance Committee member

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen approve an Exemption under Massachusetts General Laws, Chapter 268A, Section 20 (B) for Finance Committee member Robert Priestley to allow payment for the services of his firm for disc jockey services for the First Responder event. Vote was unanimous.

Town Administrator Update

Town Administrator Robert Dolan gave very brief updates on a number of projects and goals.

Public participation

Resident Gil Giugliano asked if the Recreational Path Committee will be making a report to the Board. She said a member said that the Town may be asked to pay a portion of the design expenses of the project.

Resident Patricia Campbell discussed the recent LCWD Board of Commissioners meeting, said that increased police and fire staffing was due in part to the market Street development, and said she is glad that department heads will be evaluated. She suggested the public be given information on what can be recycled.

Use of Town Facilities:

MOTION by Selectman Crawford, duly seconded by Selectman Barrett I move that the Board of Selectmen approve the use of Town streets for the Best Buddies road race on November 18 with the route as presented. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board of Selectmen approve the use placement of a banner above the common for the Lynnfield Art Guild Holiday Show and Craft Fair event from October 28-November 3. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board adjourn. Vote was unanimous. The Board adjourned at 8:48 p.m.