March 20, 2019 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.

Public hearing on the budget

Chairman Dalton convened the annual public hearing on the Fiscal 2020 budget, duly posted and advertised, held jointly with the Finance Committee.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that Richard Dalton be named chair of the joint meeting. Motion was approved unanimously.

Town Administrator Robert Dolan said the purpose of the meeting is to seek public comment on the proposed FY20 budget of $56,681.943, a three-percent increase in municipal spending. He said this budget reflects the goals of the Board. He reviewed the budget process and the creation of a uniform budget presentation, which reflected recommendations of the Finance Committee. The budget meets the need of the Town and does not utilize one-time revenues for operating expenses, and includes just under $1 million of capital spending, which does not reflect the fall appropriation for the Meeting House and library septic system. The budget will fully fund all existing school programs and sustain Town-side programs.

Resident Patricia Campbell discussed several budget items. She asked the Finance Committee to prepare a budget message for the warrant booklet. She asked for a line-item school budget. School Committee Chair Jamie Hayman responded. She asked about the expected tax increase. Mr. Dolan said the tax rate is set in the late fall, but the expected increase would be about 2,5 percent. She said buses are not full and asked if the number would be decreased. She said that teachers should be spending more time with students, and questioned the need for tutors and adjustment counselors who remove students from classrooms. She asked about pay increases. Mr. Dolan said all non-union positions with the exception of one in the budget would receive an increase of 2 percent. He said no unions have settled contracts beyond those that end this June. The payrate increase fund holds funds for these raises. She asked why the police budget has been decreased. She was told this reflects a reduction from the extra overtime added during the year due to the need to fill vacancies from injuries and other leaves. The fire budget was increased due to adjustments made after one year of the new schedule. She also asked about funding for roadways and sidewalks, which is in the capital budget. Mr. Dolan said that the Town is also seeking state funding through the Complete Streets program. She asked about the Town’s OPEB obligation; Town Accountant Julianne McCarthy said it is estimated at $78 million. The budget contains $50,000 for the OPEB trust.

Resident Wallace McKenzie asked how much is owed on various borrowing programs. Mr. Dolan said this would be available. Finance Committee Chair Chris Mattia said this would be included in the town meeting booklet.

No other members of the public wishing to speak, the

MOTION by Selectmen Crawford, duly seconded by Selectman Barrett: I move that the annual budget hearing be adjourned. Vote was unanimous.

Proposed revisions to the development agreement with market Street

Town Counsel Thomas Mullen said he has been working with counsel for Market Street on revisions to the development agreement should town meeting approve the zoning change that would allow for a theater in the Planned Village Development District.

National Development has agreed to revisions suggested by Atty. Mullen. The changes would allow changes to the mix of uses to allow for the theater by reducing the office and retail space allotment, while keeping the amount of square footage constant. Theater hours would be 10-10:30 Sunday through Wednesday and 10-11:30 p.m. on Thursday through Friday, with all events to end by 1 p.m. It also fixes the location of the theater and states no certificate of occupancy will be granted unless a parking structure with at least 300 spaces is built first, with a net gain of 228 spaces. Market Street will be required to install adaptive signals at the agreed-upon locations along the Market Street/Walnut Street/Salem Street/Route 95 location and provide the geometric improvements to these intersections that were negotiated for the Route 95 south off ramp to Walnut Street. National Development bears the risk of these improvements being rejected by the state Department of Transportation, and would have to post a bond of 150 percent of completion of the cost if there are delays.

The alcohol and other licenses are subject to the Board’s approval, and a payment of $300,000 would be due to the Town for recreational purposes 30 days after the granting of building permits.

Chairman Dalton said that public comment would be restricted to the development agreement revisions itself.

Resident Anne Mitchell noted the development agreement is not approved by voters, but by the Board. She said that the language on the adaptive signal system should be more specific. She said the Town should have input ion the type of adaptive signal to be installed. She said the Market Street traffic consultant and Police Chief David Breen said the adaptive signal system will not help during periods of heavy traffic. She also said the requirement that starting and ending times of shows should be staggered to the extent possible. She said the operator of the theater is not party to the agreement and that these terms are too vague to be enforceable.

Atty. Mullen said that the agreement can be amended at any time by the Board and National Development without voter approval. He said he would not be averse to adding detail about the adaptive signal systems, although he said that he would be content with a record of National Development’s representations. He said the provisions on staggering of show times could be enforced on the lessor, national Development, and could be introduced in the lease with the operator. He said the Town should ask to see the terms of the lease to ensure this provision is included.

Chairman Dalton asked Atty. Mullen to address additional detail on the adaptive signal system, and Atty. Mullen said specifics on the system could be referenced in exhibits. He asked that the matter be reviewed with the state Department of Transportation. Selectman Crawford agreed and said additional detail should be included on the geometric improvements to the Route 95/Walnut Street intersection.

Mr. McKenzie said the Board will be changing the allowed uses within the PVDD without going to town meeting by adjusting the allotment of allowed uses. He asked about the definition of “events” at the theater and asked that this term be narrowly defined. Chairman Dalton asked if a lecture would be acceptable. Mr. McKenzie asked if any other inducements would be made to the Town by national Development. Chairman Dalton said he is not aware of any.

Resident Joseph DeMaina said some of the ambiguous language in past documents have been problematic. He said the language should be so tight there is no room for interpretation.

Douglas Straus of National Development said an exhibit will designate the location of the garage and will be incorporated into the development agreement. He said that there will be many utilities will have to be moved to accommodate the new location, which will satisfy residents of Colonial Village. He said the state Department of Transportation will dictate the type of signals installed, which is predicated on their approval. He disagreed that the traffic consultant had stated the adaptive signals will not help during heavy traffic periods. He said the language on community events at the theater was a concession to the wishes of the community. He said he is happy to discuss the matter further.

Ms. Campbell asked what will happen if the garage must be located in a different area.

Approval of town meeting warrant

Chairman Dalton said that this discussion related to the order of warrant articles. Town Administrator Dolan, Assistant Town Administrator Robert Curtin and the chair have reviewed the warrant articles, which places ministerial and budget items where they are regularly placed on the annual warrant. These comprise the first 11 articles. Article 12 will address adoption of a 25-mile-per-horu speed limit in unposted locations. Article 13 would remove the sealer of weights and measures position form civil service. He said these will be unlikely to generate much discussion. Article 13 would address the theater matter; the next two would address the senior housing bylaw change and the Woods at Lynnfield development and the final article would ask the Town to accept a state statute that allows boards to set fees without approval from town meeting.

Selectman Crawford said he is happy with the order as presented. Selectman Barrett also had no objection.

MOTION by Selectmen Crawford, duly seconded by Selectman Barrett: I move that annual town meeting warrant be approved as presented. Vote was unanimous.

Ms. Mitchell said the warrant article has not been discussed at previous meetings, or since the article was submitted. She said that the warrant article should address the language regarding the parking structure to specify the location. She said that the current language would not preclude the location of another parking structure at another location as well. She thanked Selectman Barrett for opposing the theater article and heeding the concerns of residents in the region. She said she is disappointed that the Board did not agree to wait to see the impact of the Lahey building on traffic and parking.

Chairman Dalton asked town counsel to review Ms. Mitchell’s concerns regarding the warrant article language.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move the Board vote to adjourn. Vote was unanimous. The Board adjourned at 8:34 p.m.