Lynn solicitor: Schools own 100 Bennett St.

LYNN – The School Committee rather than the City Council must vote on whether to allow an Everett gourmet food shipping company to park its trucks on the former Ford School annex at 100 Bennett St.The land abuts the building where Seacrest Foods International plans to relocate next month.Mayor Judith Flanagan Kennedy vetoed the Oct. 19 City Council vote that gave Seacrest Foods permission to park commercial vehicles on the property. The mayor argued the City Council was not empowered to vote on the issue because it remained unclear who owns the property at 100 Bennett St.City Council President Timothy Phelan said he verbally discussed the matter with City Solicitor Michael Barry and was advised the City Council could vote because the land was under city control. The mayor challenged Phelan on that point, contending any legal opinion must be in writing.In a Nov. 10 letter to the mayor, Barry conceded that the land at 100 Bennett St. is School Department property.”It is the understanding of this office that the Lynn Economic Development and Industrial Corp. (EDIC) was in negotiations to encourage Seacrest Foods International to open a new business at a vacant property adjacent to the Ford School annex. During the title search for the property by the buyer, it was discovered that a portion of the parking lot utilized by the prior business (Crystal Foods) was city of Lynn land and actually part of the Ford School Annex property,” Barry wrote.According to Barry, the school was closed prior to the start of the 2009-10 school year. He noted in the letter to the mayor that Michael Donovan, director of the city’s Inspectional Services Department, informed him that a feasibility study is under way to determine if the Ford School annex would be suitable as a School Department administrative headquarters. The building served as a labor union hall before it was taken by the city for use as a school.Citing a section of the city charter, Barry said the School Committee controls all school buildings and connected grounds.”As the property continues to be utilized as school property at the present time, a vote by the School Committee transferring a portion of the property to the city would be required in order to transfer any interest in any portion of the property to a third party,” Barry stated.In other words, until the School Committee acts the City Council cannot make a land-use deal with Seacrest Foods, which was the point of the mayor’s veto.Barry said the mayor’s signature is required on any property transfer from the School Department to the city, adding that she also has final say in the matter. Under the city charter, the mayor is chairman of the School Committee.”In the event that the School Committee and the City Council voted to authorize you as mayor to execute a deed or other instrument, you, as mayor, would possess the ultimate authority as to whether to enter into such a transaction,” Barry wrote. “Should you, as mayor, decline to execute the deed or instrument, neither the School Committee nor the City Council can override such a decision via a veto vote.”