March 26, 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.

Vote on the Fiscal Year 2020 budget

Town Administrator Robert Dolan said that he has been in communication with the Superintendent of Schools and the School Finance Manager ion the proposed school budget. He said that school officials said they will meet the four percent increase budget previously approved by the Board of Selectmen and Finance Committee. He said school officials are seeing large increases in kindergarten enrollment, the registration period for which is not yet completed.  An additional kindergarten class is now a priority for funding.

The Finance Committee recommends adding $5,000 for fire hoses and $750 for protective equipment for the Fire Department capital budget. Mr. Dolan said he concurs with this recommendation.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to approve the Fiscal Year 2020 budget as recommended by the Town Administrator. Vote was unanimous.

Discussion of development agreement revision regarding Market Street theater proposal

Town Counsel Thomas Mullen has been working with counsel of National Development on provisions of the development agreement following concerns raised by residents

Town Counsel Thomas Mullen reviewed the latest proposed changes to the agreement, drafted in response to resident input at a previous Board meeting.

He said the agreement originally would be voided if the zoning change was altered any way at town meeting. He noted that if the zoning article was approved but amended, the Town would not receive any of the benefits agreed upon in the agreement. As a result, the new revision would make clear that if a change is made at town meeting, national Development must give notice within 20 days if it accepts those changes. If it does not, the Town would not submit the proposed zoning change to the attorney general for approval. If the agreement is not in effect fully, the Town will not grant a building permit or occupancy permit for a theater building.

Atty. Mullen said that the schedule of hours and staggering of start times would be applied to now only shows but any events, and that these requirements must be included in any lease to a theater operator, and enforceable by the building inspector by a cease-and-desist order.

The language on the adaptive signal system now provides it must be “as required and approved by the state Department of Transportation.” This change reflects concerns expressed by resident about the lack of specificity on the signal system. He said the problem is that the Town does not know what the state DOT will require or permit yet. The theater cannot open without the signal and geometric improvements, unless weather prevented these measures. National Development would have to post a bond for 150 percent of the remaining work.

A new provision requires the parties to sign and record the agreement. He presented the Board with a draft acceptable to him and Market Street. He presented the agreements for signature as well as the recoding document.

Selectman Crawford asked if it is in the Town’s best interest not to specify the signal system and geometric improvements that could void the agreement if the state DPT does not approve them. Atty. Mullen said this is his judgment. He cited an email sent by resident Anne Mitchell, who voiced continued concerns about the vagueness of the language on the staggering of show times, which she believes will be difficult to enforce. Atty. Mullen said he believes more prescriptive language would tend toward micromanagement. He said if someone offered a more specific limitation or schedule, he would be willing to review it.

Chairman Dalton said the Board could revoke the entertainment license if the operator does not behave in a reasonable manner.

Ms. Mitchell also asked if Police Chief Breen and the Town engineer have reviewed the proposed traffic improvements. Chairman Dalton also addressed concerns raised about lighting on Walnut Street.

Selectman Barrett asked if he could put questions to the police chief. Selectman Dalton ruled the questions out of order based on the fact these issues were fully discussed two meetings ago. Selectman Barrett said he fully supports Market Street but believes that the Board should heed the recommendation of the Market Street Advisory Committee and Chief Breen that any decision ion the theater should be delayed until the impact of the new Lahey building is known. He said his vote against this agreement reflects his wish to make a fully informed decision.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board approve the Second Amendment to The Amended and Restated Development Agreement for Market Street as presented. The Board executed the two documents presented by town counsel. Vote was 2-1, Selectman Barrett opposed.

Recommendations on annual town meeting warrant articles not previously voted

The Board has not taken action on the following articles:

Article 4 – transfers for FY19 – action deferred.

Article 5 – payment of bills from a prior fiscal year – action deferred

Article 6 – FY20 operating budget

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend Article 6. Vote was unanimous.

Article 7 – FY20 capital budget

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend Article 7 as amended earlier this evening. Vote was unanimous.

Article 8 – Stabilization Fund appropriation of $150,000

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend Article 8. Vote was unanimous.

Article 9 – Revolving fund amounts

MOTION by Selectman Crawford, duly seconded by Selectman Barrett I move that the Board vote to recommend Article 9. Vote was unanimous.

Article 10 – EMS enterprise budget

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend Article 10. Vote was unanimous.

Article 11 – Golf enterprise budget

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend Article 11. Vote was unanimous.

Article 15 – Changes to Elderly Housing zoning – defer for Planning Board recommendation.

Article 16 – Rezoning for Woods at Lynnfield project – defer for Planning Board recommendation.

Appointment of elections officer

Town Clerk Trudy Reid has recommended the appointment of Lauren Landry.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I love that the Board vote to appoint Lauren Landry as an Elections Officer for a term to expire on June 30, 2019. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move the Board vote to adjourn. Vote was unanimous. The Board adjourned at 7:24 p.m.