January 30 2023 meeting

Meeting date: 
Monday, January 30, 2023

Select Board

January 30, 2023

Regular Session

Merritt Center, 600 Market Street

 

Present:

Philip Crawford, Chair

 

Joseph Connell, Vice Chair

Richard Dalton, Member

 

Chair Crawford called the meeting to order at 6:00 p.m. He stated that the meeting is being recorded for cable television transmission. He asked those in attendance to join him in the Pledge of Allegiance.

 

Vote to approve the issuance and details of the $12,000,000 bond anticipation note of the Town to be issued and dated February 9, 2023 and sign related closing documents

The Town’s financial advisor, Hilltop Securities, reports receiving five bids on the Town’s $12 million borrowing in Anticipation of Notes (BAN) for the initial tranche of borrowing on the Public Safety Building Project. The successful bidder was Jefferies, LLC, with a 2.7573% weighted average net interest rate. The Town is authorized to borrow $63.5 million by voters, but limits the interest it must pay by making this smaller borrowing for costs expected to be incurred earlier in the project. Town Administrator Robert Dolan said that this is an excellent interest rate. Board members agreed.

 

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board to adopt the votes relating to the Town’s bond anticipation note to be dated February 9, 2023 as presented in writing to the meeting and to incorporate such votes into the minutes of the meeting. Vote was unanimous in favor. The Board executed the documents.

 

[The vote taken is attached as a document to these meeting minutes.]

 

Voted: to approve the sale of $12,000,000 3.00 percent General Obligation Bond Anticipation Notes (the "Notes") of the Town dated February 9, 2023, and payable February 8, 2024 to Jefferies LLC at par and accrued interest, if any, plus a premium of $29,040.00.

Further Voted: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January 18, 2023, and a final Official Statement dated January 25, 2023, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.

Further Voted: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time.

Further Voted: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes and to comply with relevant securities laws.

Further Voted: that any certificates or documents relating to the Notes (collectively, the "Documents"), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a “.pdf" file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures.

Further Voted: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.

I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Notes were taken in executive session, all in accordance with G.L. c.30A, §§18-25, as amended.

 

Proposed lease of temporary office space for Town Hall departments at 590 and 590A Main Street

Mr. Crawford explained that during the public safety/Town Hall building project, Town Hall departments will be displaced. We have been working to identify other locations that are publicly accessible within Lynnfield. While we will be using some existing Town facilities for certain operations, we have also secured an agreement to use the former Village Pharmacy space and some second-floor office space at the center stores at 590 Main Street. The lease agreements were provided by the owner and have been reviewed by Town Counsel Thomas Mullen.

 

Mr. Dolan said that the Merritt Center and Senior Center will also house Town Hall departments during this period. The term of the lease is two years.

 

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve and execute the lease agreements for space at 590 Main Street and 590A Main Street as presented. Vote was unanimous. The Board executed the documents.

 

Appointment of members of A Healthy Lynnfield Substance Use Prevention Committee

An updated membership listing has been provided by Peg Sallade and is presented for the Board’s approval. Mr. Crawford explained that this is a dedicated group of people who do strong work with the Town and the schools.

 

MOTION by Mr. Connell, duly seconded by Mr. Dalton: by Mr. Connell, duly seconded by Mr. Dalton: I move that the membership of the A Healthy Lynnfield Substance Use Prevention Committee as presented. Vote was unanimous.

 

Appointment of members to the Open Space and Recreation Working Group

The Board previously voted to appoint initial members to this committee, and the Committee asks that the following residents who are working with the group be officially named to it.

 

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that Richard Kosian, Steve Fantone Jr. and Martha Dwyer be appointed to the Open Space and Recreation Working Group. Vote was unanimous.

 

Approval of contract with American Federation of State, County and Municipal Employees, AFL-CIO, Council 9,3 Local 3434, Department of Public Works and Town Custodians unit

The terms of this agreement were ratified by the Board at its final meeting in December. The fully completed contract incorporating those terms as provided in the Memorandum of Understanding is presented here for the Board’s signatures. Board members thanked Mr. Dolan and the unions for working through this process and noted that Lynnfield has not seen the issues that have arisen in other communities.

 

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to execute the collective bargaining agreement with American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Local 3434, Department of Public Works unit, July 1, 2022-June 30, 2025. Vote was unanimous.

 

Use of Facilities requests

There have been no requests received.

 

Town Administrator contract

Annually, the Board at this time takes up the matter of the Town Administrator’s contract and his compensation. A proposed contract revision and extension has been negotiated by the Chair and the Town Administrator and is presented to the Board for its consideration tonight. The agreement extends the term of the contract to the maximum two years allowed under the Town Charter and addresses salary compensation and amends the compensation for use of his personal vehicle on Town business.

 

Mr. Crawford said that Mr. Dolan does an outstanding job during the turbulent times of COVID-19 and other challenges. He said this change would result in an annual salary of $212,500, which would put his compensation in the middle to town administrators in similar communities. He said he believes Mr. Dolan is the best town administrator in the region, if not the state.

 

Mr. Connell said Mr. Dolan is a remarkable person and that his dedication is unmatched.

 

Mr. Dalton said Mr. Dolan said that Mr. Dolan made an unbelievably smooth transition from mayor to town administrator and that he “checks every box” in fulfilling that role. He said it puts him at market rate, which is fair and how to retain good people.

 

Mr. Dolan said that the Board and other Town committees are completely focused on the needs of the community, and thanked the team at Town Hall. He said he looks forward to being part of this community for years to come if it is the will of the Board.

 

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board approve and execute the fifth amendment to the contractor between the Town and Robert Dolan for the period from February 1, 2023 to January 31, 2025. Vote was unanimous. The Board executed the document/

 

Potential Executive Session under MGL. c. 30A, § 21 (3), contract negotiations with collective bargaining units

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board that vote to enter Potential Executive Session under MGL. c. 30A, § 21 (3), contract negotiations with collective bargaining units, as a public discussion of same would hinder the Town’s negotiating interests. Vote was unanimous.

 

Roll call: Dalton- yes; Connell – yes; Crawford – yes.

 

Mr. Crawford does not plan to resume public session after the executive session.

 

The Board entered executive session at 6:15 p.m.