March 27 2023 meeting

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 present to join him in the Pledge of Allegiance.

Authorization to submit an application for Construction Manager at Risk procurement process for the Public Safety and Town Hall Building Project

Brian DeFilippis and Kevin Weeks of PMA Associates, the Owners Project Manager for the project, as well as John Scenna discussed why this process is the preferred approach for the Public Safety/Town Hall Building Project.

Mr. Scenna said that the Public Safety Building Committee has worked at an incredible pace. It is hired a owners’ project manager that has come highly recommended with a lot of experience in the CM at Risk approach, under which the general contractor works in partnership with the Town to achieve costs savings, reviewing design and other issues.

Mr. DeFilippis explained the procedure for applying to use this approach, and said he would submit the application the day after the Board authorizes it. He said that a prequalification committee would review requests for proposals from construction managers and narrow the list to three firms, which would then submit proposals for review. Then the contract would be awarded to the top finalist after review of the fee proposal. He said this results in a less adversarial process between the Town and the contractor. He said the construction manger will be well versed in market trends and supply chain issues, and will join the Town team earlier than traditional general contractors.

Mr. Crawford said he is familiar with this approach from his work. Mr. Connell said this should help avoid change orders, which can be costly. Mr. Dalton aid this is clearly the best way forward.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to authorize the Town Administrator to submit to the Inspector General's office an application for the Construction Manager at Risk procurement process for the Public Safety and Town Hall Building Projects.

Proposed intermunicipal agreement with the Town of Wakefield and Lynnfield Center Water District for the provision of water from Wakefield to LCWD

This item was postponed to a subsequent meeting.

Common victualer application, Loui’s Pizza and Roast Beef, 470 Broadway

The current property owners at 470 Broadway and former operators of Loui’s Pizza and Roast Beef have reacquired the business.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board approve the common victualer’s license for Loui’s Pizza and Roast Beef, 470 Broadway. Vote was unanimous.

Outdoor seating regulations for liquor serving establishments

Mr. Crawford said the state Alcoholic Beverage Control Commission earlier this year informed communities that if they wished to continue to allow temporary extended outdoor seating at restaurants holding liquor licenses that the municipality must adopt by April 1 regulations governing this issue. The Town Administrator’s office developed the proposed regulations, which were reviewed by the Building Inspector, Planning and Conservation Administrator, and Police and Fire Chiefs. While last week the legislature passed an act that could bear on this process, it has not yet been signed into law, and the proposed regulations are presented for your consideration.

Town Administrator Robert Dolan said this arrangement with outside seating worked well during the COVID-19 pandemic and restaurants have expressed an interest in continuing the expanded outside seating. He said the provisions would protect the neighborhood from intrusions.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board adopt the proposed outdoor seating regulations for liquor-serving establishments as presented. Vote was unanimous.

Discussion of proposed warrant articles

Assistant Town Administrator Bob Curtin briefly reviewed the proposed warrant articles. Only three articles do not appear annually on the warrant. Two were submitted by the Assessing Manager and deal with tax exemptions for veterans and their families. The third was submitted by the Public Works Director to update cemetery fees, which have not been revised for many years.

Mr. Dalton asked if the cemetery rate increases are very modest, and said he is not sure they should not be higher. Mr. Crawford said they could be revised after further review, and Mr. Dalton said they could be revisited in the fall.

The warrant is below:

ARTICLE 1. To act on reports of Town officers and special committees as published; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 2. To choose all Town officers not required to be chosen by ballot, viz.: three field drivers, one pound keeper and three wood measurers; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 3. To see if the Town will vote to FIX THE COMPENSATION of each of the Elective Officers of the Town as required by General Laws, Chapter 41, Section 108; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 4. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, sums of money to supplement certain accounts in the current 2023 Fiscal Year budget where balances are below projected expenditures for various reasons; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 5. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, sums of money to pay overdue bills of a prior fiscal year; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 6. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds, or otherwise, a sum of money for the necessary Town charges and expenses; or to take any other action in connection therewith.

Submitted by SELECT BOARD 

ARTICLE 7. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, sums of money for the purchase of various equipment and items in the nature of capital expenditure and to give authority to credit the value of the various old equipment to be turned in toward the purchase price of said items, and to authorize the Select Board to enter into lease purchase agreements for certain equipment with a term up to the useful life of the property to be procured but not more than five years, pursuant to G.L. c. 44, § 21C or other applicable law, said sums of money to be expended under the direction of various Town boards, committees, or officers; or to take any other action in connection therewith.

Submitted by SELECT BOARD 

ARTICLE 8. To see if the Town will vote to raise and appropriate and/or appropriate by transfer from available funds a sum of money for the Town’s Capital Facilities Fund; or to take any other action in connection therewith.

 Submitted by SELECT BOARD 

ARTICLE 9. To see if the Town will vote to raise and appropriate and/or appropriate by transfer from available funds a sum of money for the Town’s Stabilization Fund; or to take any other action in connection therewith.

 Submitted by SELECT BOARD 

ARTICLE 10. To see if the Town will vote to appropriate a sum of money from Emergency Medical Service Enterprise receipts to pay expenses and contractual services required to operate the emergency medical service in the Town of Lynnfield, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2024 from persons using said service; or to take any other action in connection therewith.

Submitted by SELECT BOARD 

ARTICLE 11. To see if the Town will vote to appropriate a sum of money from Golf Enterprise receipts and/or Golf Enterprise Retained Earnings to pay expenses and contractual services required to operate the Reedy Meadow Golf Course and King Rail Golf Course, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2024 from persons using the golf courses; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 12. To see if the Town will vote to establish, with respect to each of the following revolving funds, the following limits on the total amount that may be expended from each such fund in Fiscal Year 2024:

Revolving Fund Maximum Expenditure

Council on Aging $ 85,000

Board of Health $ 15,000

Library $ 10,000

Recreation $340,000

Public Works – Fields $100,000

Public Works – Merritt Center $ 10,000 

or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 13. To see if the Town will vote to amend Chapter 143 of the General Bylaws, entitled “Fees,” by deleting Article VII Part B, “Cemetery Fees,” and replacing it with the following: 

B. Cemetery Fees 

(1) Residents and former employees. 

(a) Single grave: $600. 

(b) Perpetual care: $500. 

(c) Total cost per grave: $1,500. 

(2) Former residents (two-grave limit). 

(a) Single grave: $1,200. 

(b) Perpetual care: $800. 

(c) Total cost per grave: $2,000. 

(3) Interment: $1,000. 

(4) Saturday/holiday additional: $500. 

(5) Cremation burial: $500. 

(6) Saturday/holiday: $450. 

(7) Child burial (under two years of age): $200. 

(8) Stillborn: no charge. 

(9) Exhumation: $2,000. 

(10) Foundation (minimum): $250. 

(11) Purchase of lot (per square foot): $100. 

(12) Winter fee (December 1-March 31): $200. 

(13) Deed: $75. 

(14) Set veterans marker: no charge. 

or to take any other action in connection therewith. 

Submitted by SELECTBOARD

ARTICLE 14. To see if the Town will vote to accept the provisions of G.L. c.59, s 5, clause 22G, allowing a veteran whose domicile is held by a trustee, conservator or other fiduciary for the veteran’s benefit to claim the same real estate tax exemptions to which such veteran would be entitled if he or she owned the domicile outright; or to take any other action in connection therewith. 

Submitted by SELECT BOARD 

ARTICLE 15. To see if the Town will vote to accept the provisions of G.L. c.59, s 5, clause 22H, exempting from real estate tax the domicile of surviving parents or guardians of soldiers, sailors and National Guard members who died in active service or as a result of such service; or to take any other action in connection therewith. 

Submitted by SELECT BOARD

Closing of the annual town meeting warrant

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the warrant be closed and approved as presented. Vote was unanimous.

Ratification of collective bargaining agreement with Lynnfield Library Staff Association, Local 4928 (MLSA), American Federation of Teachers (AFT), AFT Massachusetts (AFL-CIO)

The Town Administrator’s office and the library union recently reached an agreement on a three-year contract that provides for a two-precent cost-of-living increase in all three years and makes adjustments to the salary schedule that accelerates movement to higher-level steps.

Mr. Dolan said that this was a rigorous negotiation that focused on a primary operations issue, retention of staff. The library union team presented area pay scales that demonstrated Lynnfield is significantly behind surrounding and similar communities, which has resulted in the library training and losing employees soon after. The contract calls for a 2 percent standard increase in all three years, but addressed retention by investing in personnel with adjustments to the steps. He said he fully endorses this agreement. He and the Board thanked Patricia Kelly and the library union representatives for a successful negotiation.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the collective bargaining agreement with Lynnfield Library Staff Association, Local 4928 (MLSA), American Federation of Teachers, AFT Massachusetts (AFL-CIO) be approved as presented. Vote was unanimous.

8.         Use of Facilities requests

            a. Common, May 21, 2023, Lynnfield High School GSA Pride Day

            b. Common, April 8, Lynnfield Interact, Easter egg hunt

            c. Common, multiple dates, Library, spring story hours

            d. Common, multiple dates, Library, summer story hours

            e. Common, July 21, 2023, Library, magic show

            f. Common, July 24, 2023, Library, Reading Magic

            g. Common, August 10 and 11, 2023, Library, Summer Reading close

            h. Common, June 23, Library, Summer Reading open

            i. Common, August 4, 2023, Library, juggler

            j. Newhall Park and own streets, April 29, 2023, Little League parade

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I moved that the Board approve the Use of Facilities applications subject to any conditions imposed by the Police Chief and Public Works Director.

Arbor Day proclamation

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I moved that the Board approve the annual Arbor Day proclamation. Vote was unanimous.

At 6:23 p.m., the Chair declared the Board to be in recess until the budget hearing.

6:30 p.m. Annual Public Hearing on the Budget

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to enter into joint meeting with the Finance Committee.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that Philip Crawford be named chair of the joint meeting.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the public hearing on the budget be opened.

Finance Committee Chair Christopher Mattia thanked department heads for their work on the budget. Mr. Dolan said there was one change to the budget proposal, with the elimination of the fire alarm bucket truck in the capital budget. He thanked Town Accountant/Assistant Finance Director Julianne McCarthy for her help in preparing the budget.

No members of the public wished to be heard.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the public hearing be closed. Vote was unanimous.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board adjourn. Vote was unanimous.

The meeting adjourned at 6:32 p.m.