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HomeMy WebLinkAbout2013-03-BOS-min Selectmen’s Meeting March 11, 2013 A regular meeting of the Board of Selectmen was held on Monday, March 11, 2013, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen; Mr. Manz; and Mr. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Town Manager Report Mr. Valente explained the work being done at the Old Reservoir over the winter. The Old Reservoir Water Quality Improvement Project is being done over the winter and will finish late spring. The project will include a porous parking lot so there will be no water runoff, dredging of the Res and tree plantings. This project will improve the water quality for swimmers. Grant of Location – National Grid – Abbott Road Mr. Regan, National Grid Permit Representative, requested the Selectmen’s approval to install a gas main in Abbott Road for service to a new home. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for Abbott Road for National Grid to install and maintain approximately 190 feet of 4 inch gas main in Abbott Road. Liquor License Hearing – Transfer/Pledge of Licenses for Aloft and Element Ms. Mauger opened the hearing at 7:09 p.m. Ms. Farnsworth, Attorney from Lawson & Weitzen, LLP, and the proposed Managers for Aloft Lexington (Matthew Blanchette) and Element Lexington (Kathleen James) are requesting approval of the transfer and pledge of license for the hotels to A&E Lexington Hotels Operator, LLC. They are also requesting approval of a Management/Operating Agreement. Upon motion duly made and seconded, it was voted 5-0 to approve the application for the transfer and pledge of a liquor license and to issue an all alcoholic Innholder Liquor License to A&E Lexington Hotels Operator, LLC, d/b/a Aloft Lexington, 727 Marrett Road – A. Upon motion duly made and seconded, it was voted 5-0 to approve the application for the transfer and pledge of a liquor license and to issue an all alcoholic Innholder Liquor License to A&E Lexington Hotels Operator, LLC, d/b/a Element Lexington, 727 Marrett Road – B. Upon motion duly made and seconded, it was voted 5-0 to approve the Management/Operating Agreement, as presented, between A&E Lexington Hotels Operator, LLC and Paramount Management Associates, LLC. Ms. Mauger closed the hearing at 7:11 p.m. Selectmen’s Meeting – March 11, 2013 Lexpress Summer Fun Pass Proposal Ms. Rebecchi, Transportation Coordinator, suggested a Lexpress Summer Fun Pass be created for youth under the age of 18 who want to ride Lexpress to purchase a discounted pass during July and August. The objective is to increase Lexpress ridership during the summer, to reduce the number of vehicle trips by families, to provide youth the opportunity to use local public transit and learn travel skills and to market Lexpress to the Community. The proposal is to charge youths under the age of eighteen $60 for a July/August “Summer Fun Pass”, which is a “buy one month get one free” marketing promotion. The Pass might include small discounts to local businesses. The Pass would be advertised through the Recreation Department summer brochure, the School Department, student newspapers and local media outlets. Lexpress collects less than $2,000 in student cash/ticket revenue and provides approximately 1900 student rides. Best guess cost estimate is that the promotion would be revenue neutral with anticipated increase in student ridership. The Town Manager supports this trial program for 2013. Upon motion duly made and seconded, it was voted 5-0 to authorize the Human Services Department to sell a Lexpress Summer Fun Pass to youths under the age of 18 for the period of July-August 2013 at a cost of $60. School Transportation and Safety Study Committee Update Ms. Crocker, Chair of the School Transportation and Safety Study Committee (STS), updated the Board on traffic safety on school property, upgrading traffic safety, town resources, Safe Routes to School update and recommendations. Safe Routes to School recommends supporting the January 15, 2013 Lexington Public Schools memo recommending that the Traffic Safety Advisory Committee review: reinstalling “no idling” signage, school property crosswalks, school property curbing, no parking and other traffic management signage and pavement markings and update of GIS mapping. The STS is working on: addressing bus discipline by looking at installing cameras on buses and improving reporting system by C&W Transportation; reviewing a by-law proposal; and attending the School Committee meeting on March 20 to discuss bus registration and marketing and other recommendations. Regarding bus registration, the STS would like to: improve the process by offering online registration; improve site management by including elementary bus captains; improve staff communications; improve community communication; increase buses by 1 for FY2014; review the fee structure for renewals and subsidies and look at available options. Selectmen’s Meeting – March 11, 2013 The STS recommends the following: embrace collaborative change among all stakeholders through engaged conversations, fostering long-term goals, priorities and values and shared responsibility and expectations; need to support the principals; communicate school hours; establish uniform student drop-off and pick-up procedures and penalties; evaluate arrival/dismissal procedures and communications and reinforcement. The STS asks the Selectmen to continue to be a part of the long-term solution of valuing walkers and bus riders over driven students by engaging in setting, tracking and executing goals regarding proposed bus efficiencies, traffic rules and compliance penalties; work with the Traffic Safety Advisory Committee and the School Committee to coordinate public school sign codification and work with the Police and School Committee to ensure enforcement. Ms. Mauger attended the School Committee meeting where these issues were discussed. She made it clear that the Selectmen do not have any jurisdiction over school property. Asked about the success of the current subsidies, Ms. Crocker responded that the services are being used by 1200 students, but they are hoping the numbers improve. Traffic Safety Advisory Committee Recommendations Regarding Bridge, Bowman and Estabrook Schools and Surrounding Town Roads Mr. Cannon, Assistant Town Engineer, and Police Capitan Ferro, members of the Traffic Safety Advisory Committee requested approval of the following signage at the Bowman, Bridge and Estabrook Schools: no parking on Middleby Road at intersection with the Vine Brook Trail Crossing, no parking on Worthen Road East at the intersection with Bowman School, no parking on Eldred Street at the intersection with Grove Street, Stop sign on Maple Street at the intersection with the southbound left turn onto Massachusetts Avenue and a Yield sign on Maple Street at the intersection with the southbound right turn onto Massachusetts Avenue. Because of concerns about school bus access and pedestrian safety the Traffic Safety Advisory Committee recommends posting “No Parking” signs near the Bridge, Bowman and Estabrook Schools. These proposed sign locations are under the jurisdiction of the Selectmen but are also part of a larger vehicle management plan on school properties. MassDOT conducted a Traffic Safety Analysis at the intersection of Maple Street and Massachusetts Avenue and recommends installing a left turn stop and a right turn yield at the location. Site inspections by Police and Engineering staff support the regulatory signs. Upon motion duly made and seconded it was voted 5-0 to approve the proposed establishment of no parking areas and stop/yield signs as follows:  No Parking on Middleby Road at intersection with the Vine Brook Trail Crossing,  No Parking on Worthen Road East at the intersection with Bowman School, Selectmen’s Meeting – March 11, 2013  No Parking on Eldred Street at the intersection with Grove Street,  Stop sign on Maple Street at the intersection with the southbound left turn onto Massachusetts Avenue, and  Yield sign on Maple Street at the intersection with the southbound right turn onto Massachusetts Avenue. Article Presentations Article 28 – Amend General Bylaws – Town Meeting Warrant Ms. Hooper, Town Clerk, stated the purpose of this article was to separate the Town Election and Town Meeting warrants and to eliminate the need to mail the town meeting warrants to all households, but instead to send Election warrant which would include information on the Town Meeting. Warrants would be mailed to all Town Meeting Members, posted on the Town webpage, and copies would be available at designated areas. Ms. Hooper is working with Town Counsel on wording of the motion. The issue is how specific to be so that it does not create any defects in the calling of Town Elections or Town Meetings. Mr. Kanter, Capital Expenditures Committee, took a position last year in support of updating the bylaw as long as it included wording that there would be written notification of the warrant to all residents. They expect such language in this year’s motion. The Selectmen will wait to take a position until wording for the motion has been decided. Article 26 – Establish Qualifications for Tax Deferrals Ms. Blier, Co-Chair of the Tax Deferral and Exemption Study Committee, stated the Committee recommends raising the maximum qualifying gross receipts amount for property tax deferrals to $65,000. Property tax deferrals allow eligible seniors to defer their property taxes until they sell their home. The Selectmen asked how information on this program is given out. The Committee sends out notices and holds seminars; brochures are available in the Assessors Office and the Human Services Office. They also plan to do a press release announcing the new maximum tax deferral amount. Mr. Kelly suggests the program be emphasized to citizens who may be cash poor in their homes. This program would allow qualifying residents to stay in Lexington and is not a burden to the community. Article 34 – Amend Zoning Bylaw Mr. Canale and Mr. Hornig, Planning Board Members, Ms. McCall-Taylor, Planning Director and Attorney Mark Bobrowski, gave an overview of the proposed zoning recodification. The Selectmen’s Meeting – March 11, 2013 purpose of the revisions is to resolve irregularities with State and Case Law, address internal inconsistencies within the Zoning Bylaw, and to recodify/streamline the Zoning Bylaw to improve its readability. The changes capture the following: resolve possible conflict with state and case law, address internal inconsistencies with zoning bylaw and recodify and streamline the bylaw to improve its readability. Mr. Hornig reviewed the changes to the reorganized zoning bylaw: 1) Purpose and Authority - no significant changes; 2) Definitions – eliminated the Wetland Protection District, which is obsolete because of the wetland protection and stormwater bylaws, and the RM District since multi- family homes are no longer an allowed use; 3) Use Regulations - use tables made clearer; 4) Dimensional Controls – no significant changes except the removal of date-based criteria since they are likely to be rejected by the Attorney General; 5) Supplementary Use Regulations, Residential Uses – includes rules that apply to all or most districts to all or most uses; there were no significant changes; 6) Special Regulations – one significant change is removal of the special permit requirement for all conventional subdivisions of 3 or more units; 7) Special District Regulations – no substantive changes; 8) Non-Conforming Uses and Structures – in keeping with today’s practice, the proposed changes attempt to strike a balance, while eliminating the exempt lot, and continuing to afford meaningful development potential to smaller lots. 9) Administration and Procedures - not many changes; and 10) Definitions – collected all definitions in one section. Article 27 – Approve Town Seal Mr. Manz explained the purpose of Article 27 is to reconfirm using the original Town seal. Article 29 – Amend General Bylaws – Contracts and Deeds (Solar Energy Purchasing) Mr. Voss is a member of the Sustainable Lexington Committee and Chair of the Solar Task Force Subcommittee, which was formed to determine the solar potential for Lexington. The rd Task Force conducted peer review of neighboring towns, worked with a 3 party owner agent to validate technical and economic analysis, completed an assessment of the Hadley building. The Task Force concludes that solar is viable for Lexington, a bylaw change is needed to enable the town to take advantage of the potential and the Task Force asks the Selectmen to endorse this article. Article 33 – Climate Change Resolution Mr. Sandeen, Chair of the Sustainable Lexington Committee, explained the purpose of Article 33 was to include climate change when making decisions and planning for the future. Successful Selectmen’s Meeting – March 11, 2013 Climate Action Plans include: a high degree of community engagement; reducing emissions and increasing resilience; setting long-term goals; a risk benefit analysis that drives priorities with input from all stakeholders. Climate action sections include: buildings, energy, water, transportation, food, waste, land use and natural environment and public safety and emergency preparedness. Asked who would sheppard the effort, Mr. Sandeen replied that the Selectmen would oversee with advice from the Sustainable Lexington Committee. Also town staff would determine if outside assistance was needed. Mr. Kelley was concerned about the burden on staff and financing the effort. Mr. Cohen reminded Mr. Kelley that this article was a non-binding resolution. If the Article is approved by Town Meeting, Mr. Sandeen suggested the next step would be for the Sustainable Lexington Committee to recommend a process and action plan. Mr. Kanter, Capital Expenditures Committee, recommended changes to the wording of the (a) section of the motion. The revised motion for (a) is: (a) consider climate change in all appropriate decision and planning processes. Mr. Sandeen will review the proposed motion change with the Sustainable Lexington Committee. Sustainable Lexington Committee Recommendations on Expanding Solar in Massachusetts The Sustainable Lexington Committee (SLC) recommends sending a letter as the request of Environmental Massachusetts to Governor Patrick asking him to set aggressive new targets for adoption of solar power in Massachusetts. Upon motion duly made and seconded, it was voted 5-0 to sign a letter asking Governor Patrick to increase his target goals for the adoption of solar power. Mr. Sandeen explained that the Department of Energy Resources (DOER) is currently asking for feedback regarding policy options for encouraging solar power during the next phase of solar development in the Commonwealth. The current Solar Carve Out Program provides incentives in the form of Solar Renewable Energy Certificates (SRECs) for the first 400 MW of solar energy systems qualified under the Solar Carve Out program. SLC believes that there are nd significant advantages to a “feed in tariff” form of incentive for the 2 phase of the Solar Carve Out Program administered by the DOER. A feed in tariff would provide for much greater certainty, reduced risk and lower barriers to adoption for both developers and municipalities. The SLC proposes sending a letter to DOER outlining several desirable options for improving the Solar Carve Out Program, with the goal of increasing the adoption of solar power for municipalities. Selectmen’s Meeting – March 11, 2013 The Selectmen asked the SLC to return to a future meeting to present additional information and a proposed letter to send to DOER. Take Article Positions and Review Selectmen Article Presenters The Selectmen reviewed their article positions. All Selectmen support the following articles: Article 4 – Appropriate FY2014 Operating Budget Article 5 – Appropriate FY2014 Enterprise Funds Budgets Article 6 – Appropriate for Senior Service Program Article 7 – Establish and Continue Departmental Revolving Funds Article 8 – Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects: a)Archives and Record Management/Conservation b)CPA Conservation Restriction Enforcement Funds f)Park and Playground Improvements g)Park Improvements – Athletic Fields h)Lincoln Park Field Improvements i)Lexington Center Pocket Park and Ancillary Costs l)Greeley Village Front Doors n)ACROSS Lexington Pedestrian/Bicycle Route System o)Buckman Tavern Restoration and Renovation p)Wright Farm Debt Service q)Administrative Budget Article 9 – Appropriate for Recreation Capital Projects – Pine Meadows Equipment Article 11 – Appropriate for Water System Improvements Article 12 – Appropriate for Wastewater System Improvements Article 13 – Appropriate for School Capital Projects and Equipment Article 15 – Appropriate Bonds and Notes Premiums Article 16 – Accept MGL Chapter 32, Section 101, Supplemental Annual Allowance Article 17 – Accept MGL Chapter 32, Section 12(s)(d paragraph 11), Increasing Minimum Monthly Allowance Article 18 – Appropriate to Post Employment Insurance Liability Fund Article 20 – Establish and Appropriate To and From Specified Stabilization Funds Article 21 – Appropriate to Stabilization Fund – Indefinitely Postponed Article 22 – Appropriate from Debt Service Stabilization Fund Article 26 – Establish Qualifications for Tax Deferrals Article 27 – Approve Town Seal Article 29 – Amend General Bylaws – Contracts and Deeds (Solar Energy Purchasing) Article 32 – Amend General Bylaws – Electronic Voting Article 33 – Climate Change Resolution The Selectmen did not take positions on the following articles pending additional information: Selectmen’s Meeting – March 11, 2013 Special Town Meeting Article 2 – Land Purchase off Marrett Road Article 8 – Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects: d) Muzzey Senior Center Upgrade – Phase 3 (pending Marrett Road purchase) e) Visitor Center – Design Phase; and m) LexHAB Set-Aside Funds for Acquisition of Community Housing Article 10 – Appropriate for Municipal Capital Projects and Equipment h) Hastings Park Gazebo Rehabilitation/Design and Engineering Article 19 – Rescind Prior Borrowing Authorizations Article 23 – Appropriate for Prior Years’ Unpaid Bills Article 24 – Amend FY2013 Operating and Enterprise Budgets Article 25 – Appropriate for Authorized Capital Improvements Article 28 – Amend General Bylaws – Town Meeting Warrant Article 30 – Amend General Bylaws – Trees On the following articles the Selectmen were mixed in their positions: Article 8 – Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects c) Cary Memorial Building Upgrades – 2 yes; 2 no and 1 wait j) Merriam Hill Preservation Project – 3 yes, 1 no and 1 wait k) Moon Hill National Register Nomination Project – 4 yes and 1 no Article 10 – Appropriate for Municipal Capital Projects and Equipment (except Article 10h – Hastings Park Gazebo) – 3 yes and 2 wait Article 14 – Appropriate for Public Facilities Capital Projects – 3 yes and 2 wait Article 31 – Amend General Bylaws – Demolition Delay Bylaw – 3 yes, 2 no and 1 wait Article 34 – Amend Zoning Bylaw – 3 yes and 2 wait Approve Common Victualler and Entertainment Licenses for Bollywood Bollywood Café located at 135 Massachusetts Avenue, is under new management. This change will be reflected on their new licenses. Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License and an Entertainment License for RIM Enterprises, Inc. d/b/a Bollywood Café, located at 135 Massachusetts Avenue. Appointments Housing Partnership Board Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Manz abstained) to appoint Wendy Manz to the Housing Partnership Board to fill the unexpired term of Iris Wheaton until September 30, 2015. Selectmen’s Meeting – March 11, 2013 Center Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Michael Boudett to the Center Committee for a term to expire September 30, 2014. 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 Julie-Ann Shapiro to the Council on Aging for a term to expire May 31, 2016. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitments and adjustments: Commitment of Water/Sewer charges Cycle 9 February 2013 $181,976.54 Commitment of Water/Sewer charges Finals February 2013 Closings $ 1,834.67 Adjustments to Water/Sewer as recommended by WSAB ($15,409.06) Sign Proclamation for Mr. Burnell Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation for George Burnell thanking him for his service to Lexington. Approve Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of January 28, 2013, February 8, 2013, February 11, 2013 and February 13, 2013. Approve Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of February 8, 2013, February 11, 2013, February 25, 2013 and February 28, 2013. Approve Posting “No Parking” Signs for Patriots’ Day Events Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Town Celebrations Committee to post “no parking” signs on Friday, April 12, 2013, in preparation for Patriots’ Day events. Documents Presented 1.Property Tax Deferrals – Comparison to Other Towns – FY2012 Participation 2.Preliminary 41A Deferrals, 2001-2012 and 2013 to Date Selectmen’s Meeting – March 11, 2013 Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted by roll call 5-0 to go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining strategy related AFSCME Building Maintenance Union. Further, that as Chairman I declare 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 to adjourn at 11:33 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 14, 2013 A special meeting of the Board of Selectmen was held on Thursday, March 14, 2013, at 6:00 p.m. in Battin Hall, Cary Memorial Building. Chairman Mauger, Mr. Kelley, Mr. Cohen; Mr. Manz; and Mr. Pato; Mr. Valente, Town Manager; Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk, were present. Also Present: All members of the Appropriations Committee except Mr. Bartenstein, Ms. Garberg and Mr. Neumeier; all members of the Capital Expenditures Committee; and all members of the Community Preservation Committee except Mr. Pressman and Ms. Shaw. Discussion Regarding Purchase of 33 Marrett Road Mr. Kelley gave an update on the purchase of 33 Marrett Road. The Masons received a stronger offer from a non-profit group that was higher than the Town’s offer. The offer was $10,950,000 and they said they would accept that amount from the Town. The offer would include a little over 10 acres of land, excluding the Commander’s house lot and sharing of the driveway. Mr. Valente reviewed the financing of the project. For the Special Town Meeting, Article 2, the motion will request a total of $11,202,500, which includes the following: Town’s Offer $10,950,000 Closing Costs 147,500 Short Term Debt Service-Year 1 115,000 Total $11,212,500 Under Article 14n – Appropriate for Public Facilities Capital Projects – Public Facilities Bid Documents, an amount of $100,000 will be included for engineering (code compliance and future building improvements). Proposed funding sources include: CPA-Debt CPA-Cash Tax Levy-Cash Total Town Offer $7,390,000 $3,560,000 $10,950,000 Debt Service-Year 1 $115,000 $115,000 Closing/Ancillary Costs $147,500 $147,500 Future Building Improvements $100,000 $100,000 Total $7,390,000 $362,500 $3,560,000 $11,312,500 The Selectmen recommend that the purchase come from the Community Preservation Fund for historic preservation purposes. If the Town is able to purchase the property a Historic Restriction will be written to allow certain rights. Selectmen’s Meeting – March 14, 2013 Ms. Fenollosa, Chair of the Community Preservation Committee, reported that the Committee met just before this meeting and took the following four votes: 1.to reaffirm the Community Preservation Committee agreement to recommend that $7,390,000 be applied to the purchase price for 33 Marrett Road for historic purposes; 2.to recommend that Town Meeting appropriate $147,000 for closing and ancillary costs; 3.to recommend that Town Meeting allocate $100,000 for design and engineering for design and code compliance; and 4.that $115,000 be allocated for Debt Service and issuance costs. Public Comment Mr. Hornig, 75 Reed Street, requested information on the debt service impact of the Community Preservation Fund in the out years. Mr. Valente responded that for the debt issuance of $7,390,000 of CPA funds, the debt service will start at $1,000,000 per year and drops by about $50,000 each year. Ms. Mauger pointed out that the modeling shows the Town can afford the debt service on the purchase within Community Preservation Act, including the percent requirements but there may not be money left for large renovation projects using CPA funds. Mr. Lamb, Chair of the Capital Expenditures Committee, suggested longer term bonding (10 year) since the proposed model assumes there will be projects to do that need CPA funds. One possible negative issue is the CPA match could fluxuate each year and the Town does not know of all potential projects. But the Town uses a conservative (4%) bond model and there are lots of cushions in the mandatory set-aside buckets, which are ½ million per year per bucket and could be used to pay for the projects. Also, if the purchase is successful there will be two appropriations for Muzzey that will not be needed, which will provide an additional $1 million of funds. The Selectmen feel the purchase of 33 Marrett Road is a once in a lifetime opportunity. Mr. Friedlich, Town Meeting Member Association, feels it is important to provide Town Meeting Members with information on the Community Preservation Funds. Mr. Sandy, Town Meeting Member, asked why the entire parcel needs to be categorized as a historic resource. Mr. Valente explained that categorizing the entire lot as a historic resource allowed for the use of CPA funds to cover the appraised value and the tax levy. If the lot was divided the Town would not have been able to use as much CPA funding. Selectmen’s Meeting – March 14, 2013 Ms. Fenollosa, member of the Historical Commission, stated that the Massachusetts Historical Commission would require the restriction to be based on the entire parcel. Ms. Bigelow, 15 Bellflower Street, had concerns about what the parcel could be used for. Mr. Kanter, Capital Expenditures Committee, explained that the Community Preservation Act states that as long as the property being purchased satisfies the historic resources definition then the Town would be allowed to use those building for intended purposes. The Town can determine uses for the building and then have the ability to use Community Preservation Act funds as well as the tax levy funds to build out the historic resource. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Letter of Intent to purchase the Scottish Rite property at 33 Marrett Road for the amount of $10,950,000. The Appropriations Committee unanimously support the Selectmen approving and signing the Letter of Intent. The Capital Expenditures Committee unanimously supports the Selectmen approving and signing the Letter of Intent with right of first refusal for the Commanders House lot. Upon motion duly made and seconded, it was voted 5-0 to request that the Community Preservation Committee approve and recommend $147,500 in CPA funds for the closing and ancillary costs of purchasing 33 Marrett Road. The Appropriation Committee and Capital Expenditures Committee unanimously support the $147,500 in CPA funds for the closing and ancillary costs of purchasing 33 Marrett Road. Upon motion duly made and seconded, it was voted 5-0 to request that the Community Preservation Committee approve and recommend to Town Meeting $100,000 for design and engineering costs for code compliance and programmatic improvements at 33 Marrett Road. The Appropriation Committee and Capital Expenditures Committee unanimously support using $100,000 for design and engineering costs for code compliance and programmatic improvements at 33 Marrett Road. Upon motion duly made and seconded, it was voted 5-0 to recommend to the Community Preservation Committee that the proposed purchase of 33 Marrett Road be designated as an historic resource as provided under the Community Preservation Act. The Appropriation Committee and the Capital Expenditures Committee unanimously support designating 33 Marrett Road as an historic resource. Selectmen’s Meeting – March 14, 2013 Next Steps The next step is to bring before Town Meeting for approval of the purchase. A 2/3 vote is needed. If Town Meeting approves the Scottish Rite will meet to discuss and vote on the offer on March 19. If the purchase is successful, the earliest the Town could use the Building is September 2013. The next step is to figure out a process for the best way to use the new resource for the community. The Town should focus on the mansion building and annex use as quickly as possible. It was proposed that the Human Services/Recreation Programs and Staff move in first since the building is set up with office space and there are a number of different size rooms for programs. The recommendation of the Community Center Task Force will be adopted to appoint an advisory committee to determine future programming needs and priorities. The Town will need help to understand the state of the building and what needs to be done quickly for code compliance. Mr. Valente has included $100,000 in the FY14 budget for architectual and engineering work for the immediate work needed. Also need to figure out where a kitchen and dining area can be put and other basic needs for the senior and recreation program. The Building Commissioner thinks there may be some code issues that will have to be addressed nd The 2 phase is how to change the room sizes and where walls might need to be removed to make larger rooms. A request for funds for construction funding for internal improvements would be requested at the 2013 Fall Town Meeting. Longer term needs will be to look at whether there is a need and interest to add a large meeting area, which would happen after a few years when the Town has a better understanding of the needs and demands of the community. Mr. Manz does not want it to take years to provide a Community Center. He is concerned about the expense to correct the inadequate bathrooms, that there is no kitchen or dining room and no large common space. He would like more tax levy money used for the project. Mr. Cohen feels that there will be an opportunity to raise private funds for the work that is needed on the building. Mr. Pato encourages looking into a public/private partnership for building out the center. Will need to debate and discuss using public funds. Mr. Kelley feels the Town has waited a long time for a Community Center. The Town is very fortunate that this opportunity came about and that the Town had the funds to purchase. He feels the buildings will address the Town’s needs with minor alterations. Ms. Mauger feels the parcel can address the two current needs of the community: needs of the Senior Center that have not been met and the Recreation’s lack of space for programs. Longer term it will be important to work on unmet needs and balance those with important issues such as funding. There will need to be a process and fundraising efforts. The goal will be to maximize the building needs and wants. Selectmen’s Meeting – March 14, 2013 Mr. Hurley, Capital Expenditures Committee, urged the Selectmen to be clear on how the building will be used as a whole before moving personnel and programs in. That will be addressed when a schematic design is prepared. Mr. Levine, Appropriation Committee, is strongly in favor of the purchase and feels any funds used will be money well spent. When complete it will be a Community Center that can be used all day plus nights and weekends. nd Mr. Valente discussed with Fire Chief Wilson whether a 2 access road would be needed. The Chief feels it would not be necessary until an addition was added. The Selectmen will discuss how to present information to Town Meeting at their meeting on Monday, March 18. The audience was reminded that they could take a tour of the building on Sunday. Other Building Needs Ms. Mauger asked the Board to think about financing of other building renovation projects (Cary Memorial Building and Visitor Center). Ms. Pato suggested that the Board consider postponing the large capital projects (like Cary Memorial Building) until a fall Town Meeting. That would provide time for the Townwide Facilities Master Planning Committee to present their report on all Town capital assets, programs, long-term needs and how to prioritize. Mr. Manz and Mr. Kelley agreed with the suggestion to postpone some large capital projects to the fall. The Selectmen will discuss whether to indefinitely postpone some of the capital projects after the vote on 33 Marrett Road. Mr. Hurley, Capital Expenditures Committee, stated the Committee was unanimously in favor of spending funds on the Cary Memorial Building in order to get design and engineering work done. Postponing the project increases the potential for the project to cost more. Doing the design and engineering now will provide a clear picture of what the impact will be on CPA funding once we know what the recommendations will be and the cost to do the work. Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 18, 2013 A regular meeting of the Board of Selectmen was held on Monday, March 18, 2013, 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. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports th The Selectmen participated in the Mock Town Meeting held over the weekend with 8 Graders and were very impressed with how the students carried out the Town Meeting. Mr. Manz reconnected with Meals on Wheels last week, which is a very important service in town and he finds it a humbling experience. Update on Patriots’ Day Events Ms. Barry, Chair of the Town Celebrations Committee, updated the Board regarding “The Old Guard” not participating in the parade or the special event planned for Monday because the group has been told they cannot travel because of the Sequester. Attempts are being made to see if the decision can be reversed and the Committee will meet to discuss other possible options to fill the void left on Monday afternoon. The Selectmen encouraged the Committee to see if the slot could be filled, but understand that there may not be time to do so. Ms. McKenna, Tourism Committee, will work with the Town Celebrations Committee on ways to keep people in town as long as possible on Monday, April 15. Article Presentations Article 8 – Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects m. LexHAB Set-Aside Funds for Acquisition of Community Housing Ms. Fenollosa, Chair of the Community Preservation Committee (CPC), and Mr. Kennedy, Chair of the Lexington Housing Assistance Board (LexHAB), provided information on Article 8m. The CPC has requested that LexHAB apply the FY2014 funds towards the Busa and Leary housing projects, rather than a blanket funding. LexHAB is agreeable and feels that it makes sense. All of the Selectmen support Article 8m. Selectmen’s Meeting – March 18, 2013 Upon motion duly made and seconded, it was voted 5-0 to approve the Community Preservation’s proposed changes, as presented, to the “Guidelines for the Use of CPA Funding by LexHAB”. e. Visitor Center –Design Phase Ms. McKenna and Ms. Brandin, Tourism Committee, provided additional information on the request for Visitor Center design funding. The Committee requests the Selectmen to approve the program and fund the design process. Ms. McKenna reviewed the vision, programmatic goals, programmatic objectives, economics, impact, methods and consultations, and questions to consider. The Chamber of Commerce provided a letter expressing their commitment to providing for the needs of both area visitors and out-of-state (or international) tourists and is looking forward to working with the Town on this project. Mr. Burnell, Precinct 7, has been working with all stakeholders and believes there is currently no consensus on a design. Mr. Cunha, Chairman of the Board of Directors of the Chamber of Commerce, stated the Chamber was interested in a design concept now so a dialogue could be started among all stakeholders. A majority of the Selectmen agree that the Visitor Center project should be put off until the Townwide Facilities Master Planning Committee makes its report. There are lots of projects that need to be reviewed and prioritized. Mr. Cohen and Mr. Manz would support the proposed programmatic goals of the Tourism Committee. Ms. Mauger suggested that the Tourism Committee return to discuss again at the next meeting on March 20. Article 30 – Amend General Bylaw – Trees Mr. Paul and Mr. Frey, Tree Committee, explained that the purpose of Article 30 was to make sure all zoning issues were covered in the Tree Bylaw and to also increase the calipher of tree from ½” to 1” for measuring purposes. Mr. Kelley questioned whether the change in zoning would be an extraordinary burden to homeowners. He also considers the change from ½” to 1” calipher replacement trees would double homeowners burden. The Tree Committee hopes the changes will provide incentives to take less trees down rather than clearing an entire site and having to plant trees. Selectmen’s Meeting – March 18, 2013 Appointment – Townwide Facilities Master Planning Committee Upon motion duly made and seconded, it was voted 5-0 to resign George Burnell from the Townwide Facilities Master Planning committee, effective immediately. Upon motion duly made and seconded, it was voted 5-0 to appoint Joseph Pato to the Townwide Facilities Master Planning Committee to replace Mr. Burnell as a Selectmen member. Consent Approve Town Manager Vacation Request Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s request to take vacation from May 14 to May 24, 2013. Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 20, 2013 A regular meeting of the Board of Selectmen was held on Wednesday, March 20, 2013, 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. Pato; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Town Manager Report Mr. Valente reported that the Town received notice and the signed letter of intent from the Scottish Rite that they accepted the Town’s proposal to purchase the property at 33 Marrett Road. The Town has started to work on the purchase and sale agreement and hopes to take ownership of the property sometime this fall. Mr. Valente was happy to report that The New England Chapter of the American Public Works Association had nominated Bill Hadley, Director of Public Works, for their annual Top Ten Public Works Leader Award. Mr. Valente learned this afternoon that Mr. Hadley was selected for the award. Ms. Mauger congratulated Mr. Hadley and commented that he earned every bit of that award. Article Presentations Article 10 – Appropriate for Municipal Capital Projects and Equipment h.Hastings Park Gazebo Rehabilitation/Design and Engineering Mr. Pinsonneault, Manager of Operations and Mr. Hadley, Director of Public Works, provided information on Article 10h. The request is for design only, to identify what repairs need to be made and to help the Town get the Gazebo into ADA compliance. Mr. Hadley pointed out the possibility of a portable lift for the structure to make it accessible. Mr. Kelley is intrigued with the idea of a portable lift that could be taken to various events at different locations in Town. All of the Selectmen support Article 10h. p.Town wide Signalization Improvements Mr. Cannon, Assistant Town Engineer and Mr. Hadley, Director of Public Works, provided information on Article 10p. Based on information from a study done in 2010, this program identified 14 traffic signals in Town in need of upgrading and repairs; no new signal lights are being recommended in this program. Upgrades include bringing the traffic signals into ADA compliance and improving energy efficiency and safety. All of the Selectmen support Article 10p. Selectmen’s Meeting – March 20, 2013 Article 31 – Amend General Bylaws – Demolition Delay Bylaw Ms. Fenollosa, member of the Historical Commission, explained the current process of notifying homeowners prior to listing properties on the Comprehensive Cultural Resources Survey. The Commission has recently drafted a policy setting forth their procedures in order to reaffirm their commitment to notify homeowners. Mr. Pato noted that the Demolition Delay Bylaw includes language about notification but only in later phases of the process. He feels that the aim to add notification earlier in the process to the bylaw through this amendment is appropriate. Mr. Cohen thinks it is an excellent practice and should be done, but does not need to be put in the bylaw. Ms. Mauger, Mr. Kelley and Mr. Pato support Article 31; Mr. Cohen and Mr. Manz do not. Article 8 – Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects e. Visitor Center –Design Phase Ms. McKenna and Ms. Kennealy, Tourism Committee, provided additional information on the request for Visitor Center design funding. The Selectmen support the Programmatic Goals but are not ready to support the Programmatic Objectives. The Board will wait until the Tourism Committee has approved the information presented and ask that the Committee come back to a future Selectmen’s Meeting. Upon motion duly made and seconded, it was voted 5-0 to Indefinitely Postpone Article 8e. Solid Waste and Recycling Update and Trash and Recycling Task Force Recommendations Mr. Hadley, Director of Public Works, and Mr. Beaudoin, Superintendent of Environmental Services, updated the Selectmen on the FY2013 8-month trash and recycling numbers. They also discussed findings and recommendations from the Trash and Recycling Collection Task Force Report, specifically task number 5 – enhanced waste ban and mandatory recycling. Ms. Mauger would like to have Mr. Hadley come back and give the Board more details about the roll out of the program before taking the motion to support the Solid Waste Task Force recommendations of enforcement of mandatory recycling as well as reducing the number of trash barrels allowed per household each week from six 32 gallon trash barrels to three. Sign the Warrant for the April 30, 2013 Special State Primary Upon motion duly made and seconded, it was voted 5-0 to sign the April 30, 2013 Special State Primary Warrant. Selectmen’s Meeting – March 20, 2013 Appointment of Registrar of Voters Upon motion duly made and seconded, it was voted 5-0 to reappoint Sara Warren to the Registrars of Voters for a term to expire March 31, 2016. Consent Approve Two-Day Liquor License – The Lexington Players Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Players for a Two-Day Liquor License to serve beer and wine for a Benefit Show for Sister Robert Anne on Saturday and Sunday, March 22 and 23 from 7:00 p.m. to 10:30 p.m. at the Depot Building. thth Fly 300 Flag on Battle Green – 300 Anniversary Committee th Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 300 th Anniversary Committee to fly the 300 Flag on the Battle Green from now through May 27, 2013 and also at other times during 2013 that are deemed appropriate. nd Battle Green Request – 2 Amendment Rally Mr. Manz read a statement to explain why he does not support the request by Mr. Redfern for permission to use the Battle Green. Mr. Cohen echoes much of what Mr. Manz said, but there is nothing in the Battle Green Policy that would prevent this event. Ms. McKenna, as an abutter to the Green, wanted to be assured that safety precautions are in place. Reading from a memo from Ms. Pease, Executive Clerk, to the Selectmen, Ms. Mauger detailed the requirements set by the Department of Public Works and the Police to ensure the public safety, and the responsibilities of the event holder in the case of a counter-demonstration or any damage. If the Patriots’ Day th reenactment scheduled for April 15 is cancelled or called because of bad weather, the rally would have to be relocated or moved to a different date. Upon motion duly made and seconded, it was voted 4-1 (Manz opposed) to approve the use of nd the Battle Green on Friday, April 19, 2013, for a 2 Amendment Rally starting at 12:00 noon. Documents Presented 1. Visitors Center Design Funding Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting March 27, 2013 A regular meeting of the Board of Selectmen was held on Wednesday, March 27, 2013, 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. Pato; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Town Celebrations Committee Update on April 15 Events Ms. Barry, Chair of the Town Celebrations Committee, updated the Board on events arranged to take the place of the Old Guard performance on Monday April 15, 2013. Norwich University will be bringing their regimental band and drill team to perform on the Battle Green at 2:00 pm. The Norwich University Regimental Band is the oldest collegiate band in the country and has performed for the inauguration of several United States presidents including Kennedy, Nixon, Carter, Reagan, George H. W. Bush and Obama in 2013. The Town Celebrations Committee has also been in discussions with a musical band to provide entertainment on the Battle Green at 12:45 pm. Ms. Mauger thanked Ms. Barry for pulling these events together. Article Presentations Article 10 – Appropriate for Municipal Capital Projects and Equipment q. Hartwell Avenue Infrastructure – Engineering and Easements Mr. Livsey, Town Engineer, provided information on Article 10q. The request is for $600,000 for Design & Engineering for Phase 1 of the Hartwell Ave improvement project. Phase One includes 31,000 feet of work from the bridge that is over the Kiln Brook through the Maguire Road intersection and up to approximately the Bedford Street intersection. It includes sidewalks and mixed use paths, bike accommodations and vehicular improvements. Mr. Kelley had several questions regarding information in the concept plan. In response to Mr. Cohen’s question, Mr. Livsey explained that if there is approval of the design money he would bring the design to the Board for approval, with the exception of the mixed use paths which would be brought to the attention of the direct abutters who could give input at a public hearing. Ms. Mauger asked Mr. Livsey to bring the concept plan back to a subsequent meeting. All of the Selectmen support Article 10 q. Article 8 – Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects c. Cary Memorial Building Upgrades Mr. Pato recommends that the Board move to Indefinitely Postpone Article 8 c, with the intent to revisit it at the Fall Special Town Meeting. He expects to support it in the fall. Selectmen’s Meeting – March 27, 2013 Mr. Kanter, Capital Expenditures Committee, suggests that the Board not characterize the status of this project as the same as the Visitor Center and therefore look at it differently. Mr. Johnson, Precinct 6, and the chair of the Cary Memorial Building Program Committee, commented that this project is shovel ready and may be the most perfect application of Community Preservation funds that he has seen. He feels that the only outcome of indefinitely postponing this article is to increase the cost of the project. Ms. Mauger, Mr. Kelley and Mr. Pato would vote yes to indefinitely postpone this article. Mr. Cohen would wait until after the Community Preservation Committee meets to take a position on this article. Mr. Manz would vote no to indefinitely postpone this article, he would vote to go ahead with the project. d.Muzzey Senior Center Upgrade Phase 3 The Selectmen all support asking for Indefinite Postponement. Article 4 – Appropriate for FY2014 Operating Budget Mr. Valente presented a minor change to the Operating Budget in the transportation line under Human Services there is a reduction of $16,000. All of the Selectmen still support Article 4. Article 31 – Amend General Bylaws – Demolition Delay Bylaw Mr. Pato explained that the previous draft of the motion called for a 30 day written notice period. The current policy and practice of the Commission is for 21 days and the intent was to align with their current practice so the motion was amended to say 21 days instead of 30. None of the Selectmen changed their position on Article 31. Approve Parklet Design Proposal Ms. Tintocalis, Economic Development Officer, presented the proposed final location and design of the Massachusetts Avenue bike and pedestrian parklet. The location would be the two parking stst spaces in front of 1720 Mass Ave. The proposal is to install it from May 1 to November 1 2013. Ms. Tintocalis presented samples of the decking materials and photos of how it would look layed out on the street. Seven planters, four feet high, with cables running around them would serve as the containment. The parklet would have a combination of bike parking and outdoor seating. The cost associated with the project ranges from $18,000 – $20,000. Upon motion duly made and seconded, it was voted 5-0 to approve the proposed design and location of the Massachusetts Avenue bike and pedestrian parklet. Selectmen’s Meeting – March 27, 2013 Approve Regional Housing Services Office Agreement In FY13, Lexington is completing its second year as part of the Regional Housing Services Office (RHSO). The proposal to the Board of Selectmen is to extend the Agreement for a third year, the maximum period of time allowed for inter-municipal agreements before they need to be reauthorized via a new Agreement. The RHSO serves Lexington, Sudbury, Concord, Acton, Bedford, Weston and Concord. The RHSO provides monitoring services for all affordable housing units on the Subsidized Housing Inventory (SHI-Chapter 40B units) that the Town has on record with the Department of Housing and Community Development (DHCD). The monitoring of tenants and owners of affordable housing units is a requirement of DHCD. The RHSO has also been assisting LexHAB in marketing its affordable units that are on the SHI. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Regional Housing Services Office amendment for FY2014. Approve Discovery Day Request Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Retailers Association detailed in a letter dated March 18, 2013 to have exclusive use of the Muzzy Street/Waltham Street parking lot on Saturday, May 25, 2013 (rain date June 1) from th 5:00 a.m. to 5:00 p.m. for the 34 annual Discovery Day Street Fair, to erect seven temporary signs, park a flat bed trailer in Lexington Center and provide free parking, subject to having a pre-event meeting with staff from Police, Fire, DPW and to work out the details. Reappoint Town Counsel Upon motion duly made and seconded, it was voted 5-0 to reappoint Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2014. Town Manager Appointment – Historical Commission Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to approve the Town Manager’s reappointment of Marilyn Fenollosa to the Historical Commission for a term to expire March 31, 2016. Consent Sign Arbor Day Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign the Arbor Day Proclamation proclaiming April 26, 2013 as Arbor Day. Selectmen’s Meeting – March 27, 2013 Sign Proclamation for Lexington Bike Walk ‘N Bus Week Upon motion duly made and seconded, it was voted 5-0 to sign the Proclamation proclaiming May 5 – 11, 2013 as Lexington Bike Walk ‘N Bus Week. Executive Session Upon motion duly made and seconded, it was voted 5-0 to go in to Executive Session to discuss strategy with respect to collective bargaining related to the DPW Union. The Chairman further declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Documents Presented 1. Proposed Bike Corral and Parklet Upon motion duly made and seconded, it was voted to adjourn at 7:03 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk