Board of Selectmen |
December 8, 2008 |
Regular Meeting |
Selectmen’s Hearing Room, Town Hall |
Present: |
Arthur J. Bourque III, Chairman |
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Robert P. MacKendrick, Selectman |
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Al Merritt, Selectman |
Chairman Bourque called the meeting to order at 7:01 p.m.
Traffic discussion
Thomas Manning of Main Street and eight other residents were on hand for the discussion, which centered on heavy truck traffic and loud compression brakes, other traffic-related noise issues, and speeding and other moving violations. He presented a petition signed by residents that called for action on traffic-related issues and stated that the quality of life in Lynnfield was being degraded due to traffic problems.
The plan of action you’ve developed, as we look back from our perspective, has not created the desired results, Manning said.
Mr. Manning and fellow Main Street resident Donald Ross urged the selectmen to create a citizen’s committee to look at traffic issues in town, but the selectmen said they preferred to work with the chief directly on traffic matters. Mr. Manning asserted that a period of vigorous enforcement had little lasting impact. We found it very effective but short-lived, he said.
Police Chief Paul Romano and members of the Board said they believed the ongoing enforcement activity has shown results. I think we’re getting a lot of enforcement, said Chairman Bourque. The statistics bear it out, he said.
The selectmen said they would resume the discussion of traffic at their meeting on Monday, January 5, at which time they said they will consider putting a traffic noise bylaw before the next town meeting. Once a bylaw is enacted, the selectmen said they would place signs advising motorists of the bylaw at major entry points in town.
The noise discussion centered on loud truck compression brakes, which was a major topic of traffic talks over the past two years. Mr. Manning and other residents suggested the town adopt a bylaw restricting the use of compression brakes, but town officials resisted, worrying about liability issues related to telling truck drivers they are not allowed to use a safety-related feature and about the enforceability of such a bylaw.
Mr. Manning brought up a Boxford bylaw that he said banned the use of compression brakes, but Selectman MacKendrick noted that the bylaw only dealt with noise from those brakes or any other improperly muffled vehicle.
Chief Romano said that most compression brakes are quiet, and that the noisy ones are the result of improper or failing muffler systems.
The success or failure of the Boxford bylaw was a matter of discussion as well. Mr. Manning said the town clerk there said that the bylaw solved the noise problems. The chief said he talked with Lt. Hazelwood of the Boxford Police, who said that no citations were written under the bylaw, and that the department issued only warnings. Town officials and residents discussed whether the lack of citations indicated failure or success.
Chief Romano also said that his department had written about 30 noise violations tickets over the past two years, but said that all of them were tossed out when contested. Not one got past the hearing stage at District Court, he said. The current signs on Main Street indicating a ban on compression brakes in town have no enforcing bylaw to back it up.
Mr. Manning said that there is nothing at the federal or state level against banning the use of compression brakes, but Town Administrator William Gustus said he has not seen any evidence that any community has successfully banned their use. He said that when Town Counsel Thomas Mullen inquired this of the state attorney general’s office, he was told a bylaw would be upheld if it focused on excessive noise rather than the mere use of compression brakes. It’s a question of muffling, said Mr. Gustus.
Town officials and residents seemed to agree an excessive noise bylaw was the best method by which to address the issue, but Selectman MacKendrick said that he would not support a vague wording, instead favoring a strict decibel limit that would be measurable and more likely to be upheld. Chief Romano noted that this would require obtaining decibel readers and training police officers in their use.
Town officials also said they would write letters to offending truck companies cited by neighbors asking them to comply with the town’s traffic bylaws and address noise complaints.
Chief Romano said he would look into finding a police department having success with noise monitoring systems and enforcement issues. He said that in Falmouth, which had claimed some success on this front, a police officer said that a district court clerk that was sympathetic to noise complaints had moved on, and that the success in enforcing noise complaints had abated as a result.
Mr. Manning said that the volume of heavy trucks using Main Street remains a problem and is a serious safety concern. He said when large trucks pass by, his house shudders.
Main Street resident Donald Ross renewed the request for a ban on heavy truck traffic for the length of Main Street. In the past, town officials have been skeptical about whether the state would approve such a ban since the town cannot provide a suitable alternate route within town.
Mr. Gustus said that a traffic study by an independent engineering firm would likely be required by the state if a truck ban were to be approved by Mass Highway. But Mr. Manning said no truck count is required for a cursory initial evaluation by the state. Chairman Bourque said a video study of Main Street traffic that took place during a June weekday indicated heavy-truck traffic on Main Street was not heavy in volume, and almost non-existent in overnight hours. He said no heavy truck trips were seen between midnight and 6 a.m., and about 70 were sighted during daytime hours. A number of these were generated from two gravel trucks that made eight or nine trips.
Chairman Bourque agreed with neighbors that heavy trucks are using Main Street to cut through to Route 128. But he added that observers did not see the volume of trucks that they had expected. Mr. Ross said heavy-truck traffic is worse in the times of morning and evening commutes.
Tony DeVito of Salem Street said heavy-truck traffic and the use of compression brakes on Salem Street produces the same house-shuddering effects, and is a problem.
The town needs to be very careful about enacting truck bans, said Chairman Bourque, as they could result in truck traffic being diverted onto other streets in town. It’s not probable to think the town can ban truck traffic on every street in town, he said.
Mr. Manning also stated that the state police truck enforcement team, which spent a morning in Lynnfield last year and has not returned, has not been invited back. Chief Romano said the team has “an open invitation” to return to Lynnfield, but is unlikely to spend much time here due to the relatively low rate of heavy truck traffic.
Mr. Manning said that the state team found a 50 percent failure rate in trucks they pulled over to inspect for equipment deficiencies, but town officials noted that only four trucks in total were inspected.
Chief Romano warned that if the state were asked to evaluate whether traffic speed limits on Main Street should be changed, statistics on the rate of speed gathered by the town could be used to support higher, rather than lower, maximum speeds. He said that the state tracks traffic speeds at locations and uses the 85th percentile of traffic speed as a benchmark when setting speed limits.
Mr. Manning listed several communities of comparable size to Lynnfield that showed that a higher number of tickets were written in those communities in 2007. Chief Romano noted that in these cases, the number of police officers employed by the town was more than those employed in Lynnfield. He also cited a number of communities of comparable or greater size in the local area that had more police officers and had written fewer citations. They include North Reading, Reading, Marblehead, Melrose, Winchester and Wakefield.
Selectman MacKendrick pointed out that in all the communities cited by Mr. Manning, Lynnfield was the only community to show an increase in tickets written from 2007 to 2008. Maybe they’ve got [traffic issues] under control and are in maintenance mode, Mr. Manning said of towns with lower ticket totals.
Chief Romano said that when his department embarked on the intense traffic enforcement on Main Street, it could not be maintained over a long period without neglecting other locations. While the number of traffic stops on Main Street decreased from 628 to 417 between 2007 and 2008, enforcement on other streets has been stepped up – from 188 to 203 stops on Walnut Street, from 251 to 363 on Salem Street, and from 157 to 167 on Summer Street.
Chief Romano said much of the traffic enforcement activity was funded through a community policing grant, which was cut from $18,000 to $13,000 this year.
He said the department has shown it is stepping up enforcement levels, and said it is still giving attention to Main Street.
There was also a discussion of when police officers decide to write a ticket, instead of a warning, for speeding. Chief Romano said that many factors enter into a decision, including the time of day, the level of traffic and activity at the time, and a driver’s past history with the department and in the state. Selectman MacKendrick agreed that much has to be left up to the discretion of the officer.
Selectman Merritt said that Mr. Manning’s statistics did not indicate whether many motor vehicle accidents were occurring in areas singled out by residents.
Main Street resident Bob Gillon said when he is working in his yard near the town center, he is constantly aware of the nearby presence and speed of passing motorists, and pointed to a recent accident on Lynnfield Street in Lynn where a vehicle left the roadway and struck and killed a resident in his yard.
Mr. Ross said that traffic accident at the Main Street-Lowell Street intersection are less frequent since the installation of a four-way stop there several years ago. But he said drivers have a lot of near-misses due to a lack of understanding of traffic rules for such intersections.
Chairman Bourque said that a 24-hour videotape of Main Street traffic from a weekday in June indicated that many motorists fail to stop at that intersection.
Mr. Manning also urged town officials to look into the Mass. Speedwatch Program, which he cited as a state-funded multi-prong program for addressing speeding issues in the community, with the involvement of local citizens. Chief Romano said that he found only two communities that had participate in this program. One was neighboring Peabody. Lt. Martin Cohan of that department told Chief Romano that the program was useless, as the promised citizen and state support did not materialize. He also said two pole-mounted speed signs Peabody obtained had not been used due to a failure for the city to receive permission from utility companies to post the signs on poles. Chief Romano promised to look further into the program at the request of the Board.
Budget discussion
Town Administrator William Gustus told the Board of Selectmen on Monday night that he had drawn up a list of about 30 measures that could be taken to reduce town spending. He warned that not all could be implemented for this fiscal year and that others may need further study and might wind up on the cutting room floor.
He brought forward 12 suggestions that could create about $250,000 in savings on the town side of government this year. He said cuts of up to $500,000 could be needed if a projected ten percent reduction in state aid is approved.
The bulk of the savings, totaling $175,338, reflected cutting appropriations from line items in the current budget where a surplus is projected. Those surpluses regularly are used to replenish free cash or to address shortfalls in other line items later in the fiscal year.
Gustus said that making curbside recycling mandatory could result in a $20,000 savings to the town in a reduced tipping tonnage charge and an increase in payments for recyclable materials.
A recent survey by the town’s trash contractor indicates that 35 percent of residents do not place a blue recycling container curbside along with their regular trash. Mr. Gustus said he was “startled” to learn that such a high percentage of residents don’t recycle.
Mr. Gustus said the Recycling Committee will be asked to make a recommendation on whether the town should refuse to collect trash at locations where residents do not also put out a recyclables for collection.
He projects that the town could add $15,000 in revenues by negotiating with its two electric power providers, Peabody Municipal Light and Reading Municipal Light, for larger payments in lieu of taxes. Gustus noted Reading Light makes an annual $50,000 payment while Peabody Light pays only $15,000, despite similar Lynnfield revenue streams.
The town could also gain an estimated $10,000 by increasing its charges to the Lynnfield Community Schools program for use of town buildings. Mr. Gustus said that this would have to be discussed with the program and the School Department, and could not be implemented immediately, as the program has already published its fees for the upcoming season and would not be able to adjust the fees to accommodate any changes.
The town charges the program $12,000 annually, and Public Works Director Dennis Roy estimates that the town’s costs related to the program total $25,000.
Mr. Gustus also suggested the town could save $5,000 by reducing the town vehicle fleet and limiting the use of vehicles, $1,500 by reducing the number of days the yard waste center is open $1,000 by its move to electronic communication for all communications within town departments, $1,000 by charging for public safety response to false alarms, and $500 by charging fort the hanging of banners on the common. He also suggested eliminating all management incentive funds, for which there was no specified savings.
Mr. Gustus said the town could also look at reducing costs by adjusting its snow removal plans, add revenue by charging motorists’ insurance companies for town property such as guardrails and curbing damaged in auto accidents.
Mr. Gustus said that House Speaker Sal DiMasi is already warning communities that they can expect a 10 percent reduction in state aid next fiscal year. He said that if that cut were implemented, the town would face a loss of $550,000 in revenue for next year’s budget.
Mr. Gustus said town departments have already been told not to look for any new positions next fiscal year, to fund current positions union contracts require, and to level-fund expenses. Department that cannot level-fund their expenses will be asked to justify any requested increase.
The annual budget summit, at which town boards and departments meet to discuss budget issues, has been scheduled for December 17 at the Lynnfield Senior Center, 525 Salem Street. The meeting will be open to the public.
Chairman Bourque said he believes the town is ahead of the curve on preparing for state aid cuts due to Mr. Gustus' work, and thanked him. Chairman Bourque also said he was surprised and somewhat disappointed by the lack of participation in the curbside recycling program, and said that fairness may require that the town initiate a compulsory recycling program.
Annual licenses
On the motion of Selectman Merritt, seconded by Selectman MacKendrick, the Board voted to renew the following annual licenses.
ALCOHOL LICENSES
Club License:
Wakefield Elks Home Association
Common Victualer: All Alcohol
Bail Hai, Inc. - James W. Yee, Manager
From the Ashes, LLC, d/b/a The Bostonville Grille - Matthew M. Greer II, Manager
Pyramid Acquisition II Management LLC, d/b/a The Sheraton Colonial - Robert Diduca, Manager
Pyramid Acquisition II Management LLC, d/b/a The Sheraton Colonial Golf Club - Robert Diduca, Manager
The Ship Restaurant, Inc. - Daniel M. Traficante, Manager
99 Restaurants of Boston, LLC - John H. Craig, Manager
Naked Fish Restaurants, Inc., d/b/a The Naked Fish - Steven P. Vallarelli, Manager
Retail Package Goods Store All Alcohol
KJA, Inc., d/b/a Donovan’s - Jennie Duong, Manager (7 day opening)
Kernwood Liquor Corporation, d/b/a Kernwood Liquors - Robert Stanziani, Manager (7 day opening)
Lynnfield Liquors, Ltd., d/b/a The Wine Cellar - Donna M. Curley, Manager (7 day opening)
Retail Package Goods Store Wine & Malt
Mohammad Islam, d/b/a Old Towne Market - Mohammad Islam, Manager (7 day opening)
Verc Enterprises, Inc., d/b/a Lynnfield Exxon - Leo Vercollone, Manager (7 day opening)
AUTOMATIC AMUSEMENT DEVICE
Bali Hai, Inc., 93 Moulton Drive - Juke box, pool table
From the Ashes, LLC d/b/a The Bostonville Grille - 111 video games
Wakefield Elks Home Assn. d/b/a Wakefield Lodge of Elks - 6 electronic games
CLASS I – AUTO LICENSE
Silver Star Inc. d/b/a Flagship Motorcars, 385 – 399 Broadway
Silver Star Inc. d/b/a Smart Center Lynnfield, 385 Broadway
Kelly Jeep Chrysler, Inc., 353 Broadway
Kelly Nissan of Lynnfield Inc., 275 Broadway
CLASS II – WHOLESALE SECOND HAND MOTOR VEHICLES
Dealers Trust Corporation, 220 Broadway, Suite 205
HGC Automotive, Inc., 4 Trickett Road
Richard M. Lamusta d/b/a Blue Knight Auto Sales, P.O. Box 213, 9 Carol Ann Road
Taylor Motorcars (TMC), LLC, 4 Oak Street
COMMON VICTUALLER
Bali Hai, Inc.
From the Ashes, LLC d/b/a The Bostonville Grille
Quality Food Services Inc. d/b/a Centre Court Pizza & Grill
Pebbles Food, Inc. d/b/a Countryside Deli & Catering
Lynnfield , LLC d/b/a Dunkin Donuts
Emerald Dragon, Inc.
Karen’s Bakery
Lynnfield House of Pizza
Lynnfield Meat & Deli
Hay Day LLC d/b/a MIA Cucina
Naked Fish Restaurants, Inc.
99 Restaurants of Boston, LLC
United Business Group, Inc. d/b/a Old Towne Market
Pina FLO LLC d/b/a The Red Rooster
Lynnfield Energy Corp. d/b/a Pump’n Pantry
Sagamore Spring Golf Club, Inc.
The Ship Restaurant
ENTERTAINMENT LICENSE
Bali Hai, Inc.
From the Ashes, LLC d/b/a The Bostonville Grille
Naked Fish Restaurants, Inc.
99 Restaurants of Boston, LLC
The Ship Restaurant
Wakefield Lodge of Elks
LODGING HOUSES
Meghan Murphy @ 10 Green Street
James Wersackas d/b/a Lords of Lynnfield @ 597 Broadway
SUNDAY ENTERTAINMENT
From the Ashes, LLC d/b/a Bostonville Grille: automatic amusements and live music & dancing in function room only – Hours noon to midnight.
Wakefield Elks Home Association: jukebox, instrumental and vocal music – hours noon to midnight
Gianna Drive release from liability
On the motion of Mr. MacKendrick, seconded by Mr. Merritt, the Board voted to authorize Town Administrator William Gustus to execute a release from liability on the 2002 tripartite agreement the town was engaged in with Gianna Road developer Anthony Tiro and Danversbank. With the execution of that document, Mr. Gustus explained, the town will receive $28,425 to complete work related to that development.
New ambulance rates
The board received a proposal for new ambulance rates as recommended by Fire Chief Paul Romano and Fire Captain Michael Feinberg. Capt. Feinberg said that a survey he conducted of area ambulance services showed that Lynnfield’s rates had gone from high-average to the low end of average in the three years since the town last adjusted rates.
A new item is a “no transport fee” charged to those for whom ambulance service is requested but no transport is made. Capt. Feinberg said many municipal ambulance providers are now charging a fee for this service, which is reimbursed by only Blue Cross among major insurers. It’s felt by a lot of chiefs and private providers that you’ve responded to the call, assessed, and performed a service, he said.
Capt. Feinberg said that when allowed by law, the town could bill an individual for the portion of a fee left unpaid by the insurer. He noted that town is obligated to accept established Medicare rates as full payment; for services not covered by Medicare, the town can bill the individual.
Capt. Feinberg made a rough estimate that with the new rates in effect, the town’s emergency medical service billing will increase by $55,000 to $75,000.
Selectman MacKendrick asked if consideration had been given to billing auto insurance providers for hazardous materials standby, the use of the Jaws of Life, and other services provided by the town during auto accidents.
Chief Romano said he has asked Feinberg to look into this matter. There’s some untapped money there, he said.
Capt. Feinberg said that several communities have attempted to make such charges, but that Town Counsel Thomas Mullen advised him not to go forward after the town received several letters from insurance companies saying they would not pay the town for such services.
On the motion of Mr. Merritt, seconded by Mr. MacKendrick, the Board voted to adopt the following schedule of rates:
ALS Rates
ALS Transport Base Rate: $1,000
ALS II Transport Base Rate: $1,250
ALS Mileage: $50
Oxygen: $225
Intravenous/Intraosseous Therapy: $275
Cardiac Monitor: $325
Advanced Airway: $375
Defibrillation: $275
BLS Rates
BLS Transport Base Rate: $750
BLS Mileage: $35
Oxygen: $225
Defibrillation: $275
Immobilization: $300
Epi-Pen/BLS Medications: $275
Third EMT: $300
Assess- No Transport: $100
Also deleted from the schedule of charges was MAST, which Capt. Feinberg said was no longer applicable. The previous charge was $200.
Christmas Tree Collection
On the motion of Selectman MacKendrick, seconded by Selectman Merritt, the Board agreed to once again allow the Lynnfield High School swim team to collect Christmas trees as a fundraiser.
Contract with Custodians and Bus Drivers
Board members also signed the contract, previously approved, between the town and the employee bargaining unit for school custodians and bus drivers.
Minutes
On the motion of Selectman Merritt, seconded by Selectman MacKendrick, the Board approved minutes for the meetings of September 8, September 22 and November 17.
On the motion of Selectman MacKendrick, seconded by Selectman Merritt, the Board adjourned the meeting at 9:31 p.m.
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