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HomeMy WebLinkAbout2012-09-BOS-min Selectmen’s Meeting September 10, 2012 A regular meeting of the Board of Selectmen was held on Monday, September 10, 2012, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session in the Ellen Stone Room to discuss strategy with respect to litigation involving Mal’s Auto Body and Repair Shop (David George v. Malcolm Keljikian, Civil Action Docket No. MIC2010-4193) and to receive an update from the Town Manager on the status of collective bargaining, and then they will reconvene to Estabrook Hall for the open session. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. The Selectmen voted by roll call to return to open session at 7:00 p.m. in Estabrook Hall and will return to executive session in the Ellen Stone Room at the end of the open session. Town Manager Report Mr. Valente reported on three items: 1.Public Works will be starting work on the Bikeway to remove roots that are under the roadway. This is Phase 2 of three Phases. Phase 1 improved the drainage and Phase 3 is for repaving the Bikeway which will be completed next construction season. 2.The Edison Way parking lot landscaping has been completed, which makes the parking lot much more visible and inviting. 3.Road projects continue this week and for next few weeks on Francis Street, Winthrop Road (from Mass. Avenue to Vinebrook), Walnut Street (from Waltham Street to Concord Avenue), and Adams (between East Street and Emerson Road). Those roads will be closed to through traffic. Grant of Location – National Grid – Hampton Road This request is to provide new gas services to the six homes on Hampton Road. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for Hampton Road for National Grid to install and maintain approximately 540 feet of 2 inch gas main in Hampton Road. Selectmen’s Meeting – September 10, 2012 Veterans Agent Presentation Mr. Lennon, Lexington’s Veterans Agent, provided information to the Board on the services Lexington can provide to Veterans. Assistance programs include: financial (Chapter 115 Benefits), medical (VA benefits), burial, cemetery ceremonies and military/discharge records. Mr. Lennon is currently handling 15 Chapter 115 cases and 23 VA claims. He projects an increase in Chapter 115 benefits, aid and attendance applications and headstones/marker applications. He is involved in planning a Veterans Day Breakfast for Saturday, November 3, 2012 at St. Brigids, doing community outreach with LICA, Rotary Club and the Lions and helping out the Town of Bedford with their Veterans Services. th Approve 300 September 22 Opening Event Requests th Ms. Steigerwald, representing the 300 Anniversary Celebration Committee, had several requests for events happening on September 22: 1.to designate parking meters in the center between Cary Hall and Hastings Park as “unenforced”. They will not announce the meters are free but are requesting that the Police not ticket on September 22, 2012; th 2.to reserve parking spaces for “300 official use only” for the four (4) metered parking spaces and the “official only” parking spaces between the Town Office Building and the Post Office on Saturday, September 22, 2012, to use for hosts and special quests who need assistance or speedy access to Cary Memorial Building for deliveries; and 3.to keep the circle driveway outside of the Cary Memorial Building clear of vehicles to allow shuttle busses to drop off people and also for easy exit for the procession/ parade to the track and fields for the All Town Photograph. Mr. Valente will check with the Post Office to ask the employees not to park between the Post Office and the Town Office Building on September 22. Ms. Tintocalis, speaking on behalf of center businesses, said there is concern that the businesses will lose business if the parking spots do not turn over. The businesses would like to see long- th term parking in the outskirt parking lots. The 300 Anniversary Celebration Committee has provided a handout that provides satellite parking information. They will also post the handout in areas where the Town would like. Mr. Burnell would like to see enforcement of the center spaces because of the importance of turnover for the Post Office and center businesses. Selectmen’s Meeting – September 10, 2012 th Before taking a vote on the 300 Committee requests, Ms. Tintocalis requested a few minutes to make a presentation on a Consent Agenda item. See below requested approval to use two parking spaces, adjacent to the existing bike corral on Friday, September 21, 2012 and continue th it on Saturday, September 22, 2012 if it does not interfere with any of the 300 events, to participate in PARKing Day, which is an annual worldwide event where citizens transform metered parking spots into temporary public parks. She will coordinate the implementation of the temporary parks with the various public safety departments, including Police and Public Works. If the Selectmen approve, Ms. Tintocalis will contact local businesses to see if they are interested th in decorating the temporary park. She will also continue coordination discussions with the 300 Anniversary Celebration Committee. The Selectmen will vote on this request under the Consent Agenda. Mr. Burnell feels it is unjust to take the parking meters out of circulation on September 22, 2012. th Mr. Kelley agrees but is willing to allow the 300 Anniversary Celebration Committee to determine how to proceed taking into consideration the center businesses. Upon motion duly made and seconded, it was voted 1-4 (Burnell for) to approve the request of th the 300 Anniversary Celebrations Committee only to allow reserved parking spaces at the Town Office Building complex meters and prohibit parking on the Cary Hall circle on Saturday, September 22, 2012. Upon motion duly made and seconded, it was voted 4-1 (Burnell) to approve the request of the th 300 Anniversary Celebrations Committee to waive parking meter and parking lot fees and enforcement, allow reserve parking spaces at the Town Office Building complex meters and prohibit parking on the Cary Hall circle on Saturday, September 22, 2012. Water/Sewer Rate Preliminary Discussion Mr. Addelson explained this would be the first of four discussions regarding Water and Sewer Rates for FY2013. He reviewed the results of the FY2012 water and sewer operations, billed consumption and retained earnings history; presented the FY2013 water and sewer budgets as adopted at the 2012 annual town meeting and proposed revisions to those budgets, which will serve as the basis for calculating the FY2013 water and sewer rates. Mr. Bartenstein, Town Meeting Member, Precinct 1, Appropriation Committee reviewed the figures and feels they came in on target or a little above and costs are not going up this year too much. In terms of the 1.9 percent overall cost increase just keep in mind that it was decided at the 2012 Annual Town Meeting to scale back a little of the subsidy from retained earnings which will boost up the percentage of the rate increase if usage assumption do not change; so the increase will be very modest and manageable. He hopes the Town will be in a position to wean off from retained earnings entirely during the FY2014 budget. Selectmen’s Meeting – September 10, 2012 At the meeting on September 24, 2012 the recommended water and sewer rates for FY2013 will be presented. On October 1, 2012 the public will be asked to comment on the proposed water and sewer rates. On October 15, 2012 the Selectmen will vote on the recommended FY2013 water and sewer rates. Discussion of Fire Department Staffing Since the completion of the Fire Department organization study by MRI, Fire Chief Wilson has identified his priorities for the Department. As a high priority he is recommending that a second assistant fire chief position be created to oversee the department’s EMS system and fire training program. This position would develop and manage the EMS training plan, design and implement a ZC/QI program as required by the State, oversee the department fire training component – making sure training is performed consistently from group to group, create and oversee an evaluative system to test firefighter’s skill performance and provide remedial training as needed and create a system for tracking employee EMS credits and certifications, including the recertification as required to maintain licensure. Other responsibilities might include providing safety and accountability of personnel on emergency scenes, facilitate post incident critiques and assist in special projects. Mr. Cohen asked how the training would fit into the current schedule and how it would be managed. Mr. Wilson is reviewing but feels the training will involve off-duty time, nights and weekends. Mr. Kelley asked how a new position for an EMS Coordinator would complement the new Assistant Fire Chief for Support Services. Mr. Wilson stated the new Assistant Chief will have total oversight of all the support services, including training protocol procedures and methods and education. The MRI Study recommends three Lieutenant positions for: training, EMS and Fire Prevention. Mr. Wilson will suggest they be combined into one position that would work closely with the new Assistant Chief. Ms. Mauger reminded the audience that one of the takeaways from the MRI Study was that fires burn quicker and hotter these days because of the lighter materials and because firefighters do not get to fight fires everyday. Firefighters need more technical training on how to fight fires. This request to hire a new Assistant Chief of Support Services was included in the FY2013 budget. The Selectmen have no concerns with this position being filled. Discussion of Strategic Review for Tourism in Lexington Mr. Burnell read the following statement: Selectmen’s Meeting – September 10, 2012 “At our annual goal session in June, we had an initial discussion about undertaking a comprehensive review of Lexington’s tourism efforts, involving the various stakeholders, and including a review of parking and traffic issues, as well as a programmatic review of the Visitor’s Center. “Lexington played an important role in the founding of this country and the Town has a critical role as steward of the historical events that took place here. Further, we see a close connection between the tourist attractions in Town and economic activity, particularly in the Center. “Through the dedicated work of the Tourism Committee, the Town has made substantial progress in improving the visitor experience. It has been a number of years, however, since Town officials and all of the various stakeholders have collaborated in developing a strategic plan encompassing tourism and related economic development efforts. “Recently, the Tourism Committee has brought to the Board’s attention the need to renovate and possibly expand the Visitor’s Center. Further, additional financial and staff resources have been requested to support the various programs developed for Tourism. “By looking at tourism and economic development strategically, the Town can develop a long range plan with the various stakeholders that will continue Lexington’s stewardship of the historical events and places in town, provide a positive experience for our visitors, retain the small town charm that our residents desire, leverage tourism for economic activity in town and assure that the Town has the infrastructure in place to support its tourism activities. “To move our goal forward, I suggest that I work with the various tourism and economic development stakeholders to draft a charge for an ad hoc committee that would develop a tourism strategic plan for consideration by the Board of Selectmen.” Ms. Mauger spoke to Ms. McKenna prior to this meeting and was reminded that the Tourism Committee consists of various stakeholders and so how would this new committee be different. Mr. Burnell responded that there are a number of issues that have not been addressed and this is an attempt to get a fuller and more comprehensive group together than exists on the Tourism Committee, which he believes is a narrower focus. Mr. Kelley believes that any issues or goals regarding tourism should be handled by the Tourism Committee. Over the last 10 years the Tourism Committee has gotten stronger with their commitment to addressing the value of tourism in Lexington. He is reluctant to support an ad hoc committee which is a mirror of what is in place now. The Tourism Committee should respond to the questions raised in Mr. Burnell’s August 8, 2012 memo. Mr. Manz would also like to ask the Tourism Committee to answer the questions. He is not certain a new ad hoc committee would fill the function that Mr. Burnell sees for it. Selectmen’s Meeting – September 10, 2012 Mr. Cohen suggests rather than an ad hoc committee have a forum of the different stakeholders to discuss what the issues are. Need a better idea of what the issues are before another ad hoc committee is set up. Mr. Burnell has already met with the stakeholders to get their views on the issues and that is where the list of questions came from. The next step is how do we address the issues and come to a conclusion everyone is satisfied with. Mr. Shaw, Town Meeting Member from Precinct 2 and member of the Tourism Committee, feels the proposed ad hoc committee would be redundant. The Tourism Committee works hard and has been able to begin quantifying the impact of Tourism in Lexington and has great presence outside of Lexington. It would be a good idea to have Mr. Burnell talk with the Tourism Committee so he can understand what they are doing. Ms. McKenna, Chair, Tourism Committee, looks forward to having more discussions with Mr. Burnell and wants to see the list of questions. The Committee has been collaborating with different stakeholders for years and annually reports to Town Meeting and also checks in with the Selectmen about their priorities, so she is not sure what an ad hoc committee would accomplish. The Committee voted in the spring to purchase People Counters to try to get quantifiable data and is waiting for approval to purchase them. The Tourism Committee would be agreeable to having a forum to get questions answered and agrees that more information needs to be put out there. She would like to discuss the idea of an ad hoc committee with the entire Tourism Committee to get their opinion on the questions. The Tourism Committee shares the same goals and wants to see Lexington move forward not backwards. Mr. Kelley suggests that the questions be provided to the Tourism Committee. He also encourages the Town Manager to purchase the people counters so they can collect the data they need. Mr. Valente thinks that all of the points made regarding tourism in Lexington are important from the staff’s prospective because the Tourism Committee has been so successful and it is a committee without a department and he has been struggling the last few years with what Selectmen want as staff support. The Committee has had to find resources from other departments to support their operations. They also made a proposal on the Visitor Center which the Board was not prepared to deal with. Mr. Valente would like to work with Mr. Burnell on this issue because it is important from a staff prospective to understand where the Selectmen want tourism to go and if they want more resources put into tourism because the programs the Committee are proposing are moving in that direction. A decision needs to be made on what tourism in Lexington should be like going forward. Selectmen’s Meeting – September 10, 2012 The Selectmen agreed to let Mr. Burnell and Mr. Valente work on the tourism issues and bring back recommendations to the Selectmen. The questions will be put on the Selectmen’s webpage tomorrow. Ms. McKenna asked whether she could move forward with purchasing the people counters. The Selectmen did not want to approve since the item was not on the agenda. Ms. McKenna will work with the Town Manager on bringing forward a request to the Selectmen. Initial Finding of the Other Post Employment Benefits (OPEB) Working Group At the Selectmen’s goal setting session in June the Board established a goal to create a policy for the ongoing funding of the Town’s OPEB obligation. The Town Manager convened a working group to advise him in making a recommendation to the Board. The working group consisted of Selectman Mauger; Mr. Parker and Mr. Levine from the Appropriation Committee; Mr. Addelson, Assistant Town Manger of Finance; and Mr. Valente. The initial findings are: there are advantages and disadvantages to either approach of prefunding or pay-as-you-go for our OPEB obligation; the working group favors a prefunding approach that provides for an annual ongoing level of funding, to be determined, and additional funding level may be increased in any given year; and the goal is to reach fully funded OPEB trust account in 25 to 35 years. Next steps include the Appropriation Committee discussing and coming up with a set of recommendations. The Working Group will meet again to share the input received by the Selectmen from this meeting and the Appropriation Committee. Mr. Kelley asked whether there was actuarial data available that considers the benefits under the new GIC and if it will have an impact. The current actuary study was done prior to joining the GIC and prior to having all retirement eligible employees on the Medicare program. The Working Group recommends that an updated actuarial study be done, but it will not make any significant changes because a vast majority of retirees were already in the Medicare plan. The actuarial status for pensions and medical are done by different companies because they have to be reported separately. The biggest difference between the studies is the difficulty in assumptions for medical costs that increase each year, as opposed to pension cost increases which are tied to salaries. The Working Group brought in an actuary to review the assumptions that are used; he felt the Town’s liability was being overstated. The Working Group’s suggests putting at least $500,000 into OPEB every year and if possible additional funds could be added if capital needs allow. The state is reviewing their OPEB liabilities and they have hired an actuary to look at different proposals to see how they would affect the state’s liability. No mandates are expected, but they could change the benefits structure for retirees. Selectmen’s Meeting – September 10, 2012 Discuss Special Fall Town Meeting and FY13 Budget Adjustments The Selectmen discussed whether a Special Town Meeting should be scheduled for the fall. Potential warrant articles include: FY2013 budget adjustments, OPEB, capital funding for the Estabrook School road access improvements for Grove Street and Robinson Road and TMMA bylaw proposal for electronic voting at Town Meeting. The suggested date for a Special Town Meeting is November 19, which is acceptable to the Town Moderator and Town Clerk and allows sufficient time to set the FY2013 tax rate. Mr. Kelley would like to hold off on scheduling a Special Town Meeting until maybe January when more information is available on the Eastabrook School access road project and the possible land purchase on Marrett Road, which needs more vetting. The Scottish Rite has requested a meeting with Mr. Valente to discuss their timing for the Marrett Road property. He hopes to have additional information for the Selectmen for the September 24 meeting. Mr. Manz thinks a special town meeting should be scheduled automatically every year. Mr. Cohen would like to wait to see what additional information is available on the Marrett Road property before deciding whether and when to have a special town meeting. If the necessary budget adjustments have a serious affect on setting the tax rate then a special town meeting will need to be scheduled. He suggests waiting to see if it makes sense to have a special town meeting in January. Mr. Burnell thinks the key item is the Marrett Road property, which has to be dealt with when it’s ready. A special town meeting should be scheduled if the Town Manager feels it is important to deal with the necessary budget adjustments. Otherwise postpone until later. The Selectmen agreed to defer the decision on whether to have a fall special town meeting until the September 24 meeting. If necessary they can open and close the warrant at that meeting. The Selectmen requested additional information on the Estabrook School Road Access project and why the Town Meeting Members feel it is important to have an article for electronic voting on a special town meeting warrant. Mr. Kelley also requested information on the cost for a special town meeting. Liquor License – Request for Change of Manager – Elks – 959 Waltham Street The Elks have requested a change of manager on their liquor license from Peter Garvey to Paul Christerson. Upon motion duly made and seconded, it was voted to approve the application for a change of manager and issue an all alcoholic club license to Lexington Lodge No. 2204 BPOE of USA, Inc., 959 Waltham Street. Selectmen’s Meeting – September 10, 2012 Approve Letter to Lexington Liquor Mart/Intention Not to Renew License Lexington Liquor Mart received approval to locate their liquor store at 46 Bedford Street in June 2011, but they have never opened for business and never provided a signed lease or building occupancy permit. This request is to send a letter to them letting them know that the Selectmen will not be renewing their liquor license for 2013. Upon motion duly made and seconded, it was voted 5-0 to send a letter to Lexington Liquor Mart, as presented, that states the Selectmen do not intend to renew their liquor license for 2013 at 46 Bedford Street. Approve Class II License – Scott the Car Guy Scott the Car Guy is relocating his business in order to be able to do retail sales. Upon motion duly made and seconded, it was voted to approve the application and issue a Class II license to Scott The Car Guy, LLC, 401 Lowell Street, Suite 1, for the buying and selling of cars at auction and retail, and 2 parking spaces to display vehicles, subject to following the Board of Appeals decision of August 23, 2012. Approve Renewal of Theatre Licenses The Theatre licenses expired August 31, 2012. This request is to renew the Theatre Licenses until August 31, 2013. The Theatre was inspected by the fire department and there were no code violations or repairs needed. Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two theatre licenses to Lexington Theatre Project, Inc., d/b/a Lexington Venue, located at 1794 Massachusetts Avenue, for Cinema 1 and 2 to show movies weekdays and Sundays from September 1, 2012 until August 31, 2013. Town Manager Appointment – Council on Aging Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of Sophia Ho to the Council on Aging for a term to expire May 31, 2015. Consent Agenda th Approve One-Day Liquor License – 300 Anniversary Musket Ball Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for th the Lexington 300 Anniversary Celebration Committee to serve wine at the Musket Ball on November 17, 2012 between 8:00 p.m. and 11:00 p.m. at Cary Memorial Building, 1605 Massachusetts Avenue. Selectmen’s Meeting – September 10, 2012 Approve Use of Parking Spaces for International PARKing Day Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Economic Development Director to use one or two parking spaces to create a Park for International PARKing Day on Friday and Saturday, September 21 and 22, 2012. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to return to executive session in the Ellen Stone Room to continue the discussion on the status of collective bargaining and to return to open session only to adjourn. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting September 24, 2012 A regular meeting of the Board of Selectmen was held on Monday, September 24, 2012, at 6:30 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to litigation involving Mal’s Auto Body and Repair Shop (David George v. Malcolm Keljikian, Civil Action Docket No. MIC2010-4193), and to reconvene in open session. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Selectmen Concerns and Liaison Reports Mr. Manz commented on the great new landscaping at the Nstar parking lot. th Mr. Manz showed the Lexington 300 Anniversary All-Town Photo taken over the weekend th during the start of the 300 Anniversary Celebration Events. He also showed another photo of two quilts - one traditional and one contemporary - which celebrates the past and present of th Lexington. He felt it was a great weekend of celebration and thanked the members of the 300 Anniversary Celebration Committee who planned all the events. Mr. Cohen also commented on the fabulous weekend of events and acknowledged the members th of the 300 Anniversary Celebration Committee for all their hard work. th Mr. Mauger reminded everyone that there will be many more 300 events over the coming year and people should check on the town webpage for details. Town Manager Report Mr. Valente reported to the Board on three items: 1.Mr. Hadley read the following statements regarding road work. “The milling has been performed on North Hancock, Hancock, Coolidge, Adams, and East Street. The purpose of the work is to perform preventive maintenance on roadways that are generally in good condition but have areas of deterioration. This work will extend the life of the roadways. The milling has been performed on North Hancock, Hancock, Coolidge, Adams, and East Street. Selectmen’s Meeting – September 24, 2012 “The patching contract work began last week with the milling out of sections of road for patching. Following the milling work we began patching in the trenches on Friday and performed some work on Saturday afternoon once the asphalt was dry. The contractor is working on North Hancock currently and will continue asphalt patching until all of the milled areas are paved to grade. This contract is the first of its kind for Lexington and the Engineering Division and we have realized there are some significant issues resulting from the work. The disruption to through traffic travelling over the roadways that are milled is more significant than we had anticipated and will result in changes to future work of this type. Part of the issue is the depth of the milled surface as well as the number of areas that are milled. We are currently working on obtaining additional signage to notify those using the roadways and will work to have all the milled areas paved as soon as possible. The paving in of the milled areas is taking longer than originally anticipated resulting in a greater disruption to the roadway users. We are attempting to bring in a second crew to perform the work but at this time we do not know if we will be able to obtain that crew.” He hopes the road work can be completed by the end of the week. Mr. Manz suggested more signage would be helpful. 2.Mr. Valente showed pictures of a Parklet that was installed over the weekend as part of International PARKing Day from last Friday to Sunday. The Town received lots of positive response. Thanks to Seasons Four for providing the seating and plantings and to DPW staff who installed the parklets. Hope to consider installing them again next year for International PARKing Day. Mr. Manz would like parklets to be part of the center streetscape, which would help businesses who would like to have outdoor seating, but where there is not enough room on the sidewalk. rd 3.The Town was contacted by the Ledgemont property owners regarding building their 3 building which they previously received rezoning for. The new building will be approximately 160,000 square feet and a LEEDS-certified building. Vistaprint also contacted the Town regarding expanding their business and using part of the new Ledgemont building. They will be applying for a TIF and will need a decision by the Town by the end of December. Vistaprint will come to the next Selectmen’s meeting to make a presentation on their plans for expansion. Update on Elder Service Center Closure Ms. Fuller, Director of Cooperative Elder Services, and Mr. Williams, Treasurer, updated the Selectmen on the closure of the Elder Service Center in Lexington. The current lease at Youville Place expires on December 31, 2012 and it will not be renewed. The other 5 facilities will absorb those attending in Lexington. They hope to open a new site in Lexington in the future, but are looking for space that meets their specialized requirements. Selectmen’s Meeting – September 24, 2012 DPW Presentation on Estabrook Road Access Project Mr. Hadley, Director of Public Works, read the following statement: “Tonight we will be updating you on the Estabrook School/Robinson Road sight line and street improvement project and process. “With me tonight to accomplish this update is John Livsey our Town Engineer, Kien Ho and Dashjian Jyaviar from Beta Consultants. “Tonight is not intended to be a design workshop; rather it is intended to be an update for you and to take your comments as we move forward with the final design. “This past spring we contracted with Beta Consultants to begin work on a preliminary design for  Site line street improvements to the Grove Street entrance to the Estabrook School  Intersection improvements at Grove Street and Robinson Road and  A new sidewalk on Robinson Road th “On June 28 we held a public design workshop with the abutters and others who attended; We presented the preliminary design and took their comments, questions and issues related to the preliminary design:  We explained that the next step is for Beta Consultants to continue with the design over the summer incorporating the comments from the meeting.  We told the group that we will have another public meeting with abutters to review an updated design on all three parts of the project. This particular meeting will most likely be in early fall. It looks like early October.  We are in process of finalizing a date with Beta and will let the abutters know when the meeting will take place. “The plan we will be reviewing with you tonight is the plan we will be bringing forward to the abutters in October. This is NOT the final plan. And I want the abutters who are here tonight and to those who may be watching know that they will continue to be part of the design process when we meet in October, but tonight is just an update for the BOS.” Mr. Ho and Mr. Jyaviar, Beta Group, Inc., reviewed the proposed road improvements to the intersection of Grove Street and Estabrook School, Grove Street at the intersection of Robinson Road and Robinson Road between Grove Street and the entrance into Estabrook School off Robinson Road. The proposed changes will not require any land takings along Robinson Road. All areas are within the town’s right of way. Selectmen’s Meeting – September 24, 2012 Ms. Sarros, Turning Mill Road, spoke in favor of the proposed design. She asked if the crosswalk on Turning Mill Road could be moved away from the intersection with Robinson Road. The drawings presented of the proposed Estabrook School/Robinson Road street and sidewalk improvements will be posted on the Town webpage on the Boards and Committee page under the Estabrook School Access Ad Hoc Task Force link at http://lexingtonma.gov/committees/Estabrook%20TF/ProposedRoad-SidewalkImprovements- Estabrook.pdf. FY2013 Water/Sewer Recommended Rates Presentation Mr. Addelson, Deputy Manager of Finance, presented the proposed water and wastewater rates for FY2013. He presented the following information: the FY2013 water and wastewater budgets that are the basis for the proposed FY2013 rates; proposed FY2013 water and wastewater rates; the combined impact of FY2013 water and wastewater rates and the various levels of annual usage; estimates of FY2013 usage to be used in calculating proposed FY2013 water and wastewater rates; retained earnings history; a six-year history of rate increases in Lexington; and the MWRA Advisory Board Annual Water and Wastewater Retail Rate Survey for November 2011. Mr. Bartenstein, Appropriation Committee and Town Meeting Member from Precinct 1, will review his issues with town staff. His two issues are: 1) irrigation – the estimated consumption is too aggressive; and 2) the usage projections don’t account for Shire usage. At the October 1 Selectmen meeting the Board will receive public comments on the recommended water and wastewater rates for FY2013. On October 15, 2012 the Board will vote on the recommended FY2013 water and wastewater rates. Discuss Special Fall Town Meeting and Warrant The Board discussed whether to schedule a Special Town Meeting for the fall. Potential articles would include: FY2013 budget adjustments; request for Tax Increment Financing (TIP) Agreement by Vistaprint; funding for the Estabrook School road access improvements and a TMMA bylaw proposal to provide for electronic voting at Town Meeting. The suggested date is Monday, November 19, which would allow sufficient time for the Board to set the FY2013 tax rate. Upon motion duly made and seconded, it was voted 5-0 to call for a Special Town Meeting on Monday, November 19, 2012, at 7:30 p.m. in the Margery Milne Battin Auditorium, Cary Memorial Building. Selectmen’s Meeting – September 24, 2012 Upon motion duly made and seconded, it was voted 5-0 to open the warrant for the Special Town Meeting and to close the warrant on Thursday, September 27, 2012, at 3:00 p.m. Discussion of Public Comments on Farm Draft RFP The public comment period for the Farm RFP ended September 19 and staff prepared a summary of the comments and the staff’s response. The Selectmen were asked to review the comments and provide feedback to the staff on how they want the RFP revised. Town Counsel has provided edits to the RFP and proposed form of lease. Given the time it will take to revise and advertise the RFP, evaluate proposals and award a lease, staff does not believe it will be feasible to have a new lease in place for the 2013 growing season and recommends that Dennis Busa be approached about extending the current lease for another growing season. The RFP and Lease should be companion documents. The RFP will show how the farm will be operated and the lease agreement covers legal issues regarding using the land. There were four categories of comments that the Selectmen reviewed and commented on and decided on next steps: 1.How to define a Community Farm; 2.Evaluation Criteria; 3.For Profit or Non Profit; and 4.Governance Structure. A majority of the Selectmen agreed that a Agricultural Commission needs to be set up while the RFP is being finalized and should be set up in time to help evaluate proposals. Examples of Agricultural Commissions will be put together and a proposed charge and membership will be brought before the Selectmen at an upcoming meeting. It was suggested that Newton should be contacted for advice in putting together the Agricultural Commission. A majority of the Selectmen agreed that the lease period should be 10 years with 5 year extension options as long as a business plan is in place with benchmark points so the Agricultural Commission can see if the farm is on track. A majority of the Selectmen agree that the RFP should include for-profit respondents so that we receive proposals from as many respondents as possible. The Selectmen intend to make sure the evaluation criteria includes various factors relating to the operation of the farm and outreach to the community. Mr. Burnell asked that there be a Lexington preference for use of Busa Farm. A majority of the Selectmen agree that they want a community farm that includes educational programs for the community. They suggest that including a contribution to the food pantry Selectmen’s Meeting – September 24, 2012 would be nice to have, but it is not a necessity. Regarding the use of herbicides and pesticides, it is suggested that the RFP state that best practices be used. Respondents can propose a different approach if they desire as long as it is explained in their proposal. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to approach the current lease holder to extend the current lease for another growing season. Mr. Adler, Town Meeting Member, Precinct 1, asked whether the RFP included an escape hatch from the lease and whether subleasing is covered in the RFP. Mr. Valente stated that subleasing is prohibited in our RFP. He will check to see if there is language regarding breaking the lease, but feels there should be a way to end the lease and will add the necessary language. rd Ms. McKenna, 9 Hancock Street, is troubled that the Town is going to turn over the farm to a 3 party and wants to make sure Lexington residents get the biggest benefit. She encourages a contribution to the food pantry. Any costs for farm products, programs, etc. should be lower for Lexington residents than non-Lexington residents She would like the Selectmen to reconsider the 10-year proposed lease term; that three years should be sufficient to establish the business. The Selectmen will have the evaluation criteria reviewed. Ms. Kern, Lexington Community Farm Coalition, encouraged the Selectmen and community to take a look at existing community farms in the area to see why and how they are successful. She would like the evaluation criteria to include additional columns that can evaluate different public benefits that were important for the Town to realize. She also suggested that the Town contact the Massachusetts Department of Agricultural Resources who help municipalities with how best to form an Agricultural Commission. The staff will revise the RFP and bring it back to the Selectmen. Approve and Sign Common Victualler License – Taipei Gourmet Taipei Gourmet is replacing Three Gorges of Lexington at 211 Massachusetts Avenue. You are being asked to approve a common victualler license. Upon motion duly made and seconded, it was voted 5-0 to approve and sign a Common Victualler license for Clover Taipei, Inc., d/b/a Taipei Gourmet, located at 211 Massachusetts Avenue. Townwide Facilities Master Planning Committee Charge Changes The Town Manager presented two changes to the Townwide Facilities Master Planning Committee charge. Staff recommended that the charge include assessing whether the property at Selectmen’s Meeting – September 24, 2012 33 Marrett Road can meet any of the Town’s facility needs and the Munroe School property should have been included in the list of buildings being reviewed. Upon motion duly made and seconded, it was voted 5-0 to amend the Townwide Facilities Master Planning Committee charge as presented. Selectmen Committee September Reappointments and Appointments 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Bhumip Khasnabish, Peter Lee, Fernando Quezada and Alan Wrigley to the 2020 Vision Committee for 3-year terms to expire September 30, 2015. Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint John Frey to the Bicycle Advisory Committee for a 3-year term to expire September 30, 2015. Upon motion duly made and seconded, it was voted 5-0 to appoint Robert Dangel to the Bicycle Advisory Committee for a 3-year term to expire September 30, 2015. Laurel Carpenter and Jerrold Van Hook did not wish to be reappointed. Mr. Van Hook was thanked for his 20 years of volunteering on the Bicycle Advisory Committee. Board of Appeals and Associates Mr. McWeeney reached the 10-year term limit on the Board of Appeals. He was thanked for his years of service to the Board of Appeals. Upon motion duly made and seconded, it was voted 5-0 to approve John McWeeney remaining on the Board of Appeals as a full member until the completion of the hearings related to the property at 7 Mass. Avenue and Jeanne Krieger will become a full member after the conclusion of those hearings. Upon motion duly made and seconded, it was voted 5-0 to appoint Jeanne Krieger to the Board of Appeals for a 5-year term to expire September 30, 2017. Upon motion duly made and seconded, it was 5-0 to reappoint Nancy Adler, Ralph Clifford, William Kennedy and Edward McCarthy as Associate Members for 1-year terms to expire September 30, 2013. Mr. Merrill did not wish to be reappointed. Selectmen’s Meeting – September 24, 2012 Center Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Brown, Pamela Lyons, Jerold Michelson, Pamela Shadley and Peter Siy to the Center Committee for 3-year terms to expire September 30, 2015. Mr. Rancatore did not wish to be reappointed. Communications Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint David Becker, Smita Desai and Linda Roemer to the Communications Advisory Committee for 3-year terms to expire September 30, 2015. Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to reappoint Regie Gibson, Jan Goplerud and Diamond Hayes to the Council for the Arts for 3-year terms to expire September 30, 2015. Ms. Hawkinson did not wish to be reappointed. Design Advisory Committee and Associates Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Friedson, Ginna Johnson, Bahig Kaldas, Timothy Lee, Alenka Slezak, Brigitte Steines and Steven Vincent to the Design Advisory Committee for 1-year terms to expire September 30, 2013. Mr. Brown did not wish to be reappointed. Upon motion duly made and seconded, it was voted 5-0 to reappoint Bruce Creager and John Frey to the Design Advisory Committee as Associate Members for a 1-year term to expire September 30, 2013. Mrs. Whitman did not wish to be reappointed. Economic Development Advisory Committee Upon motion duly made and seconded, it was voted to reappoint Frederick DeAngelis, Lawrence Smith and Sigmar Tullman to the Economic Development Advisory Committee for 3-year terms to expire September 30, 2015. Fence Viewers Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski, Douglas Meadows and Robert Warshawer as Fence Viewers for 1-year terms to expire September 30, 2013. Selectmen’s Meeting – September 24, 2012 Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Abrams, Robert Hausslein and Paul Knight to the Greenways Corridor Committee for 3-year terms to expire September 30, 2015. Housing Partnership Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Linton, Melinda Walker and Iris Wheaton to the Housing Partnership Board for 3-year terms to expire September 30, 2015. Mr. Kreutziger did not wish to be reappointed. Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Eleanor Elkin and Gail Fields to the Human Services Committee for 3-year terms to expire September 30, 2015. Lexington Scholarship & Education Fund Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Ash, Janine Cohen, Thomas Fenn, John Miller and David Williams for 1-year terms to expire September 30, 2013. Noise Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint John Maloney to the Noise Advisory Committee for a 3-year term to expire September 30, 2015. Police Manual Policy Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Cleveland Coats, Mark Corr, Edith Flynn, William Hays and Gerald McLeod to the Police Manual Policy Committee for 1-year terms to expire September 30, 2013. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Jerrold Van Hook to the Sidewalk Committee for a 3-year term to expire September 30, 2015. Mr. Davies did not wish to be reappointed. Sustainable Lexington Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Abrams and Kenneth Moraff to the Sustainable Lexington Committee for 3-year terms to expire September 30, 2015. Selectmen’s Meeting – September 24, 2012 Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Gloria Amirault, Elaine Quinlan, Margareth Sarmiento and David Tabeling for 1-year terms to expire September 30, 2013. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Sara Arnold, William Levison and Lawrence Link to the Transportation Advisory Committee for 3-year terms to expire September 30, 2015. Tree Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Karen Longeteig and Nell Walker to the Tree Committee for 3-year terms to expire September 30, 2015. Water and Sewer Abatement Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Marie Constantinides to the Water and Sewer Abatement Board for a 3-year term to expire September 30, 2015. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following water and sewer commitments and adjustments: Commitment of Water / Sewer charges July 2012 Final Billings $28,625.29 Commitment of Water / Sewer charges August 2012 Final Billings $16,468.61 Commitment of Water / Sewer charges Cycle 9 July 2012 Billing $352,036.82 Commitment of Water / Sewer charges Cycle 9 August 2012 Billing $397,700.28 One-Day Liquor License – Lexington Players Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for The Lexington Players to serve beer and wine for the musical benefit on Saturday, October 12, 2012, from 7:00 p.m. to 11:00 p.m. at the Depot Building, 13 Depot Square. One-Day Liquor License – LHS Girls and Boys Soccer Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the LHS Girls and Boys Soccer Booster Club to serve beer and wine at the Soccer Parent Social on Friday, October 28, 2012, from 7:00 p.m. to 11:00 p.m. at the Depot Building located at 13 Depot Square. One-Day Liquor License – St. Brigid Parish Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for St. Brigid Parish to serve beer and wine at the Comedy Night fundraiser on Saturday, October 20, 2012, from 7:30 p.m. to 10:00 p.m. at St. Brigid Parish, Keilty Hall, 2001 Mass. Avenue. Selectmen’s Meeting – September 24, 2012 One-Day Liquor License – Sacred Heart Parish Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Sacred Heart Parish to serve wine at a fundraiser on Saturday, September 29, 2012, from 6:00 p.m. to 10:00 p.m. at the Sacred Heart Parish located at 21 Follen Road. rd Use of Battle Green – 3 Annual Battle Road Memorial March rd Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 3 Legal Support Organization, U.S. Army Reserve, to use the Battle Green on Saturday, October 13, 2012, for the 2012 Battle Road Memorial March from 8:00 a.m. to 10:00 a.m. and from 1:00 p.m. to 2:00 p.m., subject to no vehicles being allowed on the Battle Green. Use of Battle Green – Mass. Society Sons of the American Revolution Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Mass. Society Sons of the American Revolution to use the Battle Green on Saturday, October 20, 2012, for the Yorktown Celebration-Memorial Wreath Laying for Samuel Hastings, Jr., from 12:30 p.m. to 1:00 p.m., subject to no vehicles being allowed on the Battle Green. Bicycle Advisory Committee Request for Sandwich Boards Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Bicycle Advisory Committee to place two (2) sandwich boards on the bikeway – one at the Depot Building and one near the Nstar parking lot – for one weekend (September 29 and 30, 2012). Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of August 27, 2012 and September 10, 2012. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of August 27, 2012 and September 10, 2012. Documents Presented 1.Benefits of Adult Day Health Services, Cooperative Elder Services, Inc. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to collective bargaining related to the Fire Union and the Lexington Police Association and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at 10:40 p.m. Selectmen’s Meeting – September 24, 2012 Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk