February 28 2022 meeting

Chair Dalton called the meeting to order at 6:01 p.m. He announced that the meeting was being recorded for cable television and led those in attendance in the Pledge of Allegiance.

Proposed Opioid Litigation settlement offer, Collegium Pharmaceutical, Inc.

Town Counsel Thomas Mullen said that a number of opioid manufacturers who have been sued by thousands of entities and individuals have filed for bankruptcy. A potential settlement fell apart and parties are back at the bargaining table. Municipalities who have filed and participated in litigation may or may not get more in awards than other communities. There is also some debate how any monetary awards will be able to be used. Some say it should be used only toward related issues. Mr. Mullen said he believes municipalities should be free to do what they wish with these funds.

Attorney Mullen explained this settlement offer by one of the firms that is part of the ongoing opioid litigation. Scott and Scott, the firm the Town has retained as special counsel for this case, is recommending the acceptance of the settlement offer. Lynnfield’s share of this settlement was determined by population, amount of opioid sales in the community, and the amount of participation in the case by each community. The City of Springfield has taken the lead in this litigation. Lynnfield would receive $10,140, as Collegium was a small player in the opioid market, starting to sell them in 2016. The Commonwealth settled with Collegium for $185,000. The use of the settlement by Lynnfield is unrestricted.

Mr. Crawford said this settlement is contingent on all 26 member communities agreeing to it.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board accept the settlement offer from Collegium Pharmaceutical, Inc., as presented and authorized the Chair to sign on behalf of the Board. Vote was unanimous. The Board executed the agreement as presented.

FY23 Budget Presentation, Department of Public Works

Director John Tomasz presented his proposed FY23 operating and capital budgets. He said most line items are stable. The proposed budget reflects a five percent increase in school busing costs to reflect the new contract. There are also significant increases to the cost of rubbish and recyclables collection and disposal, reflecting the new six-year contract signed last year and the changes in the market for these items since the last contract. He said leaf and brush disposal costs have increased greatly as well. Her said the recycling market’s future is uncertain and rubbish disposal locations may be closing. He suggested the Town provide an incentive for joining the new organic composting and recycling program.

Utilities costs were increased to reflect the additional space being created in the elementary schools.

He noted that in the past year, three Public Works employees have died and others have been on long-term illness or injury leave. Temporary help was hired, and the budget seeks to make them permanent to assist with the additional cleaning needed for COVID-19.

Chair Dalton asked if smaller buses are being considered. Mr. Tomasz said that the buses must be adequate to accommodate everyone who signs up, even if they do not participate. He said smaller buses are not that less expensive.

In response to questions from Board members, Mr. Tomasz said the Town owns some buses, and leases another. The Town also contracts with an outside vendor for busing service. Recruiting drivers has been difficult. Students in grades kindergarten through six must eb provided bus service if they live outside the mileage radius under state law.

Chair Dalton said he has been participating in the composting program and noticed a significant volume is removed from the weekly rubbish collection. He agreed that there should be some incentive to increase participation. Mr. Tomasz suggested that the Town subsidize half of the $200 annual cost. He believes communities are moving toward mandatory recycling and composting.

Mr. Tomasz said the Recycling Committee has inquired about weekly recycling collection, which would cost $225,000 more than the current program. He said residents can become confused on what can be recycled and what cannot. Mr. Crawford said weekly collection cannot be supported due to the additional cost. Mr. Connell asked if a reduction in the tonnage would save the Town money, and noted that the number of boxes on the curbside for collection has exploded. Mr. Tomasz said the Recycling Committee is working with the High School on organic recycling.

Mr. Tomasz said the blizzard has pushed the current snow and ice budget above its appropriation for the current fiscal year. He said that the current budget reflects work done on the Historic Center and the Meeting House. He reviewed his initiatives and accomplishments for the year. They included work on the school building project, the energy savings program, work to plan for the public safety building program, continued work on the rail-trail project, the roadway and sidewalk improvement contracts.

Mr. Dolan said that between state and local funds, there will be about $1 million available for road and sidewalk projects. Chair Dalton noted that the number of potholes caused by this winter’s conditions is well above the usual amount. Mr. Tomasz said it is the worst in at least 20 years. The proposed

On the capital budget, Mr. Tomasz said his requests are listed as high, medium and low priority. They include $83,000 to meet federal stormwater compliance requirements; $12,000 to improve the Pillings Pond dam spillway to add a platform for when the boards are removed or added to control the height of the pond; $500,000 for the Town’s share of the road and sidewalks program, which will be supplemented by approximately $500,000 to $600,000 by the state; $100,000 for drainage projects, including replacing a draining pipe; $225,000 for three trucks, which Mr. Tomasz said might have to be reduced to two due to price increases; $6,000 for radar and message board signage; $80,000 for the Complete Streets program to address the Summer Street and Salem Street intersection design to leverage state funding, which would assist with the new fire station configuration at that location; funding for new school buses; $60,000 to build classrooms in the pods area at the Middle School; $40,00 to address stage rigging repairs at the Middle School auditorium;

Mr. Tomasz said that he would like to replace two trucks every year to keep the fleet in good condition. Chair Dalton asked him to put together a long-term replacement plan. Mr. Dolan said the radar signs have been very successful in reducing speeds. He said Lynnfield Center Water District will also be purchasing signs. Mr. Dolan said the committee working on the ARPA stimulus funding program is reviewing several additional requests from the Department of Public Works for sidewalks improvement and school ventilation upgrades.

Board members thanked Mr. Tomasz for his work and the thorough presentation.

Fire Chief contract

Town Administrator Rob Dolan and Fire Chief Glenn Davis have negotiated a proposed extension of the chief’s contract for a three-year period. The contract addresses his compensation as fire chief and as emergency management director as well. Chief Davis was not on hand as he is attending the graduation of four call firefighters from the Fire Academy. Mr. Dolan said the state requires firefighters to retire at age 65. He said the legislature could consider passing legislation that could extend that period. A review of salaries for chiefs in communities of comparable size showed that he is among the lower paid chiefs, The contract calls for a two percent salary increase, and an increase to his stipend for serving as Emergency Management Director, at six percent of his total salary as chief, reflecting the additional work he has taken on in that area. He will also receive a stipend for maintaining emergency medical technician status. Total compensation would be $160,760, which would place him at about the middle of his comparable list.

Chair Dalton said this is consistent with discussions held in executive session. He said he cannot say enough for Chief Davis’s efforts during the pandemic, going above and beyond his job description and expectations. He is highly respected by all department heads and works well with everyone. The community is fortunate to have a chief of his abilities and dedication. Mr. Crawford agreed, saying he is a tremendous asset to the Town and a hero. Mr. Connell said the number of hours the chief puts in is extraordinary and his leadership during COVID and in the public safety building projectt is remarkable.

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board approve the amended contract with Fire Chief Glenn Davis as presented. Vote was unanimous.

 Use of Facilities requests:

a. Town Hall lot, March 26, Lynnfield Rotary, recycling fundraiser

b. Common, August 19, Lynnfield Public Library Summer Reading Program event

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to approve the Use of Facilities requests as presented subject to any conditions that may be placed on them by the Police Chief or Public Works Director. Vote was unanimous.

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board adjourn.

The meeting was adjourned at 6:59 p.m.