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HomeMy WebLinkAbout2013-04-BOS-minSelectmen's Meeting April 1, 2013 A regular meeting of the Board of Selectmen was held on Monday, April 1, 2013, at 6:30 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Cohen; Mr. Manz; and Mr. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz praised and thanked the 300th Anniversary Celebration Committee organizers for the Town -wide Bell Ringing event held on Sunday, March 31, 2013. Article Positions The Board discussed the following three article amendments: Article 8m — Appropriate the FY2014 Community Preservation Committee Operating Budget and CPA Projects - LexHAB Set -Aside Funds for Acquisition of Community Housing Mr. Kanter is requesting that a new motion be provided for this article to recognize the two conditions stipulated by the Community Preservation Committee (CPC): 1) the creation of housing at either the Leary property and /or the Busa farm property; and 2) use of the funds be consistent with the just amended "Guidelines for the Use of CPA Funding by LexHAB ". Mr. Cohen suggests that the current motion is sufficient since the Selectmen approved the CPC guidelines and agreed with the CPC that the money should be for future housing at Busa and Leary. He is not sure Mr. Kanter's suggested motion is legal and suggests that the Board needs guidance from Town Counsel and the Moderator. The Selectmen requested that the Town Manager contact Town Counsel for their opinion. Ms. Mauger and Mr. Cohen will contact the Town Moderator for her opinion. The Selectmen will discuss at their meeting on April 3. Article 8c — Abbrobriate the FY2014 Communitv Preservation Committee Oberatin Budget and CPA Projects - Cary Memorial Building Upgrades Mr. Cohen explained that the Community Preservation Committee (CPC) voted overwhelmingly to make the motion for $550,000 and let Town Meeting decide whether to vote for or indefinitely postpone. Mr. Cohen does not support indefinite postponement of this article. CPC's position is that they do not want to review projects for Special Town Meetings, only for Annual Town Meetings. The position of the Selectmen will remain 3 in support of indefinitely postponing, 2 in opposition. Selectmen's Meeting — April 1, 2013 On the question of why to indefinitely postpone (IP) versus voting no, Mr. Pato prefers IP since that addresses the process and timing of the project, not the merits. Ms. Mauger feels this project can be done later when the Town has a better understanding of all other municipal building needs. She stated that Mr. Kelley would claim that the Public Safety buildings which are used 24 hours a day /7 days a week, deserve to be looked at sooner than other projects. On the question of whether the soundsystem work could be done as a separate project, Mr. Manz stated that the Cary Memorial Building Program Committee looked at incremental projects, but it will be difficult to do the soundsystem without also touching on accessible and code compliance pieces. Mr. Kanter, Capital Expenditures Committee, Town Meeting Member, Precinct 7, urges the Selectmen to understand that any project in the Cary Memorial Building will need design and engineering funds prior to deciding whether to do the entire project or a piece of it. Dissolve the Community Center Task Force Ms. Mauger spoke to the Chair of the Community Center Task Force (CCTF) to let her know the Selectmen would be dissolving the CCTF. She thanked them for their work and of the success of purchasing the property at 33 Marrett Road. The Board plans to adopt the recommendation of the CCFT to appoint a Community Center Advisory Committee. Upon motion duly made and seconded, it was voted 4 -0 to dissolve the Community Center Task Force. Discuss the Draft Charge for a Community Center Advisory Committee Ms. Mauger provided the Board with a draft of the Community Center Advisory Committee and asked for discussion and comments. It was suggested that the membership should not be a range because of quorum issues. It was also recommended that the Committee be an Ad Hoc Committee. The membership should be all citizens and include non - voting staff and liaisons. The Facilities Department could provide staff. Mr. Manz prefers a smaller membership versus larger, so 7 is a good number. The citizens should be interested people willing to provide good input but not represent a single faction. Mr. Pato was thinking the Committee would include a larger population and be a community effort and collaboration between citizens and staff, but if citizens are voting members and staff /liaisons are non - voting, he agrees with 7 members. Mr. Cohen suggested removing the word "successful" from the charge since the Committee should evaluate what does not work as well as what succeeds. He feels 7 members is right. Selectmen's Meeting — April 1, 2013 Ms. Mauger will revise the charge and have available for the April 3 meeting to finalize. Approve Chapter 30B Real Estate Notification — 33 Marrett Road Mr. Valente explained that because the Town will be purchasing the 33 Marrett Road property for an amount greater than its appraised value, a disclosure in the Central Register is required under MGL Chapter 30B. Upon motion duly made and seconded, it was voted 4 -0 that the Board has determined that advertising under General Laws Chapter 30B for the Town's acquisition of the following parcel of real property will not benefit the governmental body's interest due to the unique qualities of the property: Land containing approximately ten (10) acres shown as "Map of 33 -63 Marrett Road - Section 63A with modifications for sale of property" on the sketch plan on file with the Town Clerk, being a portion of the properties identified on Lexington Assessor's Map 31 as Lots 63A and 63B (the "Propert y "). Specifically, the Property contains a ready -to -use office building of very good condition and quality that incorporates a historic mansion, a renovated carriage house and exceptional green space, all of which are situated in a unique and highly advantageous location that is ideally suited for use by the Town of Lexington for community purposes. In addition, the Property is adjacent to the Dunbar Meadow Conservation area and the Natural Heritage Museum. Purchasing the Property will allow the Town to have a large community space adjacent to other public areas for area residents. Consent Agenda Use of Battle Green — Patriots Day Upon motion duly made and seconded, it was voted 4 -0 to approve the request of the Town Celebrations Committee to use the Battle Green on Monday, April 15, 2013 from approximately 12:45 p.m. to 3:00 p.m. for musical performances by A Dixie Land Style Jazz Band and the Norwich University Regimental Band and Drill Team. Mr. Manz thanked the Town Celebrations Committee for moving heaven and earth to find a replacement event for April 15. Position on Article Amendments Ms. Mauger explained that Ms. McKenna is proposing an amendment to add 1.2 FTE to the School Budget in Article 4 — Appropriate FY2014 Operating Budget to add an elementary school foreign language teacher. The funds for the position would be taken from Article 20 — Establish and Appropriate to and from Specified Stabilization Funds. The School Committee and Superintendent have the authority to spend their budget as they see fit. Selectmen's Meeting — April 1, 2013 Mr. Pato does not agree with last minute changes to the budget since there are many opportunities to address issues during the budget cycle. The School Committee should follow their normal process in deciding whether to add a Foreign Language teacher. Mr. Kanter, Capital Expenditures Committee, urges the Selectmen to vote against the amendment since the School Committee has a long list of deferred items they work from. The Selectmen are opposed to this amendment 4 -0. Ms. Mauger explained that Mr. Mehr is proposing an amendment to increase the appropriation of $1.6 million for tax relief to $2.6 million to capture new growth. The Selectmen are opposed to this amendment 4 -0. Ms. Mauger explained that Mr. Miniutti, Town Meeting Member Precinct 4, will make an amendment to Article 4 — Appropriate FY2014 Operating Budget to remove the funds requested for the costs associated with electronic voting. Mr. Pato feels the concerns can be addressed and worked out when the regulations are written for use of the voting equipment. Mr. Manz will vote against the amendment. Ms. Mauger feels citizens have a right to know Town Meeting Member positions and how they vote. She opposes the amendment. Mr. Cohen will oppose the amendment. He suggested that the regulations be finalized before spending any funds. Mr. Pato stressed that the budget request included a number of contingencies, but he expects the costs will be significantly lower. The Selectmen are opposed to this amendment 4 -0. Mr. Kanter mentioned that the operating rules and regulations will be managed by the Town Moderator and he urges the Selectmen to recognize that the system picked will affect the mechanics of their operation and to expect the system would not be combined with public input until the system was known so the mechanics could be accommodated. Upon motion duly made and seconded, it was voted 4 -0 to adjourn at 7:10 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 3, 2013 A regular meeting of the Board of Selectmen was held on Wednesday, April 3, 2013, at 6:45 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. 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. Mauger reported that Mr. Kanter, Capital Expenditures Committee, requested wording changes to the Motion to reflect first, the recommendation of the Community Preservation Committee that the funds be limited to the creation of community housing at either the Leary property and /or Busa Farm property; and second, performance using those funds be consistent with the just amended "Guidelines for the Use of CPA Funding by LexHAB." Ms. Mauger commented that the Town sought advice from Town Counsel and spoke with the Moderator. Mr. Cohen reported that the motion has been revised and now talks about the creation of community housing at Leary and Busa and refers to the guidelines as amended through February 20, 2013. He thinks the changes are fine. Mr. Kanter thanked the Board. All of the Selectmen still support Article 8m. Community Farm Committee Discussion This item will be discussed at the next Selectmen's meeting. Community Center Advisory Committee Ms. Mauger presented the draft Charge for the Ad Hoc Community Center Advisory Committee. Mr. Manz suggested that the Board connect with the Community as they work on this charge. Ms. Mauger proposed that the Board posts this charge on the BOS page of the Town website and have a two week period where we ask for comments or suggestions. Ms. Mauger will post this to the Lexington List and TMMA list as well. All of the Selectmen were in support of Ms. Mauger's proposal. Common Victualler — Taipei Gourmet Upon motion duly made and seconded, it was voted 5 -0 to approve a Common Victualler license reflecting a change in hours of operation for Clover Taipei, Inc. d /b /a Taipei Gourmet, located at 211 Massachusetts Avenue. Selectmen's Meeting — April 3, 2013 Resignation/Appointment — Fund for Lexington Upon motion duly made and seconded, it was voted 5 -0 to resign George Burnell from the Fund for Lexington Board, effective immediately. Upon motion duly made and seconded, it was voted 4 -0 -1 ( Mauger abstained) to appoint Deb Mauger to the Fund for Lexington Board. Upon motion duly made and seconded, it was voted to adjourn at 6:58 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting April 8, 2013 A regular meeting of the Board of Selectmen was held on Monday, April 8, 2013, 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. Pato; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Article Positions Article 23 — Appropriate for Prior Years' Unpaid Bills Mr. Valente explained that the vendor who repairs the Town's streetlights presented the DPW with invoices from FY2010 to FY2012. The reason for the delay in billing had to do with a change in company ownership and new billing software. The total cost of the unpaid bills is $24,540. All of the Selectmen support Article 23. Upon motion duly made and seconded, it was voted 5 -0 to recommend to Town Meeting to approve the payment of prior year bills, to be financed through the FY2013 Public Works Budget. Article 25 — Appropriate for Authorized Capital Improvements Mr. Valente stated there were no projects to be brought forward under this article and suggested that it be indefinitely postponed. All of the Selectmen support indefinite postponement of Article 25 — Appropriate for Authorized Capital Improvements. Community Farm Committee Discussion Ms. Mauger provided a draft copy of the Community Farm Committee charge and requested comments from the other Selectmen. The Selectmen would like the Committee to include a Selectmen Liaison and the terms for the members should be staggered. Mr. Kelley felt strongly that the charge should be available to citizens for comment on prior to the charge being approved. The Selectmen will allow a two -week comment period. The Selectmen should start thinking about who should be appointed to this committee. Mr. Kanter, Capital Expenditures Committee, Precinct 7 Town Meeting Member, requested language be included in the charge that makes it clear that there will be no Town financial support. Mr. Manz would like there to be further discussion about what constitutes funding from the Town. Selectmen's Meeting — April 8, 2013 Discussion/Letter of Support — Transportation Financing Bill Mr. Canale, member of the MPO and Lexington's Representative to MACP, explained that the Governor proposed raising revenue for funding transportation financing by $1 billion per year. All independent groups say between $800 million and $1.2 billion is what is needed each year. The Legislative leaders proposed a plan for $500 million over five years, which will be voted on today by the House, without a public hearing, and then will be sent to the Senate for discussion and a vote on April 11, 2013. He recommends that the Selectmen take a position to resolve the transportation finance issue and send a statement to the Legislature that $1 billion per year is what is needed to fix the transportation finance situation. The outcome of the transportation bill could affect funds for the Hayden/Hartwell shuttle initiative and the funding for the three intersections on Massachusetts Avenue. Mr. Kelley asked if the MPO had looked at ways to get revenue from additional highways rather than Interstate 90 and the tunnels to make the tolls more equitable. Mr. Canale said a number of organizations have looked at different ways to increase revenue. Without a public hearing on the proposed transportation bill there will be no opportunity for the legislature to consider different options. He believes it is important for the Selectmen to advocate funding transportation at a sustainable level and have a policy for financing over the next 5 -10 -20 years. Mr. Valente believes the message to the legislature is that the Transportation Finance Commission Report, which has been widely accepted as what the needs are for the Commonwealth in order to continue economic development, is the target the Town considers appropriate. Ms. Heitz, 335 Marrett Road, requested that the Selectmen consider the plan currently before the legislature as quickly as possible. Mr. Pato believes transportation financing is critically important and endorses the recommendation of spending $1 billion per year. He suggests sending a letter in a timely fashion. Ms. Mauger requested that staff prepare a letter for the Selectmen to send to the legislature stating the pressing problems and encouraging them to come up with a plan that takes care of the transportation needs. Selectmen's Meeting — April 8, 2013 Mr. Kelley suggested that the letter emphasize the importance of giving good analysis of the existing situation of transportation in the state and how it is funded and what has been achieved with the funding. Maybe they should consider the way that Route 3 expansion project was bid as a design/build /maintain roadway and whether it was successful. He does not want to just acknowledge the problem; have to challenge the legislature to come up with good ideas. The Selectmen will review and sign a letter at the meeting on Wednesday, April 10, 2013. Committee Appointments/Resignations Human Rights Committee Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Robert Kent from the Human Rights Committee, effective immediately. 300th Anniversary Celebration Committee Upon motion duly made and seconded, it was voted 5 -0 to revise the charge by increasing the membership of the 300th Anniversary Celebration Committee from 13 to 15. Upon motion duly made and seconded, it was voted to accept the resignations of Margaret Counts -Klebe and Lawrence Link from the 300th Anniversary Celebration Committee, effective immediately. Upon motion duly made and seconded, it was voted 5 -0 to appoint Polly Kienle, Melanie Lin, Geetha Padaki and Carin Casey to the 300th Anniversary Celebration Committee, effective immediately. Town Manager Reappointments Board of Health Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of John Flynn to the Board of Health for a term to expire April 30, 2016. Historical Commission Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of Wendall Kalsow to the Historical Commission for a term to expire March 31, 2016. Future Meetings The Selectmen decided to schedule meetings on the following dates: May 6, May 20, June 3, June 17. They also will schedule a Goal Setting meeting for June 19. Selectmen's Meeting — April 8, 2013 Consent Water and Sewer Commitments and Adiustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following commitments and adjustments: Commitment of Water /Sewer charges Section 1 March 2013 $1,781,571.91 Commitment of Water /Sewer charges Cycle 9 January 2013 $205,840.54 Commitment of Water /Sewer charges March 2013 Finals $2,587.32 Adjustments to Water /Sewer as recommended by WSAB ($36,112.78) Annual Little League Parade Upon motion duly made and seconded, it was voted to approve the request of the Lexington Little League and Recreation Department for the Annual Little League Parade on Saturday, April 27, 2013, from 9:00 a. m. to approximately 11:00 a. m., outlined in a letter dated April 2, 2013. One -Day Liquor License — Finlandia Foundation Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for Finlandia Foundation - Boston, Inc. to serve beer and wine at a Vappu Party on Saturday, May 11, 2013, from 5:00 p.m. to 12:00 midnight at the Depot Building. One -Day Liquor License — Lexington Catholic Youth Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for the Lexington Catholic Youth of Sacred Heart and St. Brigid to serve beer and wine at the Dinner/Dance for Youth Scholarship Fundraiser on Saturday, May 4, 2013, from 6:30 p.m. to 10:30 p.m. at the Sacred Heart Parish Center. One -Day Liquor License — St. Nicholas Greek Orthodox Church Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for St. Nicholas Greek Orthodox Church to serve beer and wine at the wedding reception for Nector Ritzakis on Saturday, June 1, 2013, from 5:00 p.m. to 11:00 p.m. at the St. Nicholas Green Orthodox Church. One -Day Liquor License — Compass for Kids Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for Compass for Kids to serve all alcohol at the Club Shake it Fundraiser on Saturday, June 15, 2013, from 7:00 p.m. to 11:30 p.m. contingent on the music turned off by 12:00 midnight, hiring two police details, and acquiring a permit for food and outdoor tents. Minuteman Cane Proclamation for 2013 Upon motion duly made and seconded, it was voted 5 -0 to sign the 2013 Minuteman Cane Award for Eleanor Smith. Selectmen's Meeting — April 8, 2013 Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of February 25, 2013 and March 11, 2013. Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes of March 11, 2013. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 7:19 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 10, 2013 A regular meeting of the Board of Selectmen was held on Wednesday, April 10, 2013, at 6:15 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, 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 noted all the volunteers and staff involved in preparations for the Patriots' Day events. He pointed out the work of the Town Celebrations Committee, Police Department and Public Works Department in particular and recognized them for the outstanding job that they do. Ms. Mauger thanked the citizens and staff who make this happen every year and do so flawlessly. Article Positions Article 24 — Amend FY2013 Operating and Enterprise Budgets Mr. Addelson, Finance Director /Comptroller, reviewed the proposed amendments to Article 24, to make adjustments to the FY2013 operating budget. The adjustments include intradepartmental transfers within the Community Development Department, the Finance Department, and the MIS Department budgets; and an increase in the Town Clerk and Public Celebrations Committee budgets. The net adjustment to the FY2013 Operating Budget is an increase of $74,500. In response to Mr. Kanter's, Capital Expenditures Committee, Town Meeting Member Precinct 7, question about the source of funding for the proposed amendments, Mr. Addelson explained that in the budget process for FY14 when the Town allocated free cash, $200,000 was set aside to address any needs of the FYI budget and that is the source of funding. All of the Selectmen support the proposed amendments to Article 24. Article 18 — Appropriate to Post Retirement Insurance Liability Fund Mr. Diaz, Town Meeting Member, Precinct 4, plans to offer an amendment to the Motion under Article 18 to reduce the recommended deposit in the fund for retiree benefits from $775,000 to about 465,000 to approximate the Medicare reimbursement that the Town received at the end of FY12. Given the increase in healthcare costs, the Selectmen agreed that since the money is available this year it would be prudent to deposit $775,000 into this fund. All of the Selectmen are opposed to the proposed amendment. Selectmen's Meeting — April 10, 2013 Continued Discussion/Letter of Support — Transportation Financing Ms. Mauger presented the letter from the Selectmen to Senators Barrett and Donnelly and Representative Kaufman to urge them to continue to work with their colleagues in the Legislature and the Governor to develop a transportation financing plan that will provide meaningful progress towards maintaining and improving transportation infrastructure at the local and regional levels. Upon motion duly made and seconded, it was voted 5 -0 to sign the letter to Senators Barrett and Donnelly and Representative Kaufman in support of a long term transportation financing plan. Committee Reappointment /Appointment/Resi n ation Historic Districts Commission Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Scott Kyle from the Historic Districts Commission, effective immediately. Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to appoint Lynn Hopkins to the Historic Districts Commission representing the Historical Society to fill the unexpired term of Scott Kyle until December 31, 2015. Lexington Housing Assistance Board Upon motion duly made and seconded, it was voted 5 -0 to reappoint Robert Burbidge to the Lexington Housing Assistance Board for a 3 -year term to expire May 31, 2016. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 6:48 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting April 16, 2013 An emergency meeting of the Board of Selectmen was held on Tuesday, April 16, 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; and Mr. Valente, Town Manager, were present. Also Present: Police Chief Mark Corr, Police Captain Joseph Leary, Police Captain Manuel Ferro and Fire Chief John Wilson Suspension of Permitted Activities on the Battle Green and Tower Park Ms. Mauger explained why it was necessary to call an emergency meeting. In view of what happened in Boston at the Marathon, it is necessary to consider whether we need to suspend permitted activities on the Battle Green and Tower Park for a period of time and to promptly inform permit holders of the decision. Ms. Mauger further explained that the discussion would focus on public safety issues. Chief Corr was asked for his recommendations. He noted that the date of the permitted Gun Rights Across America permit was for April 19, not only a significant date in the history of Lexington, but also the anniversaries of the Waco, Texas and Oklahoma City tragedies. Because the Lexington Police Department would not have their usual backup and safety net from the State Police and Personnel from NEMLEC, a regional consortium of public safety officers, all of whom are deployed to Boston at this time, Chief Corr recommended that group gatherings be avoided on the Battle Green and Towner Park for the next ten to fourteen days. He also noted that the FBI advised cancelling events on April 19. Moratorium on Future Permits for the Battle Green and Surrounding Public Areas and Tower Park Ms. Mauger then asked whether we do need a break from permitted activities on the Battle Green and Towner Park at this time. The general consensus of the Board was that in view of the unknowns in the Boston tragedy and the fact that security forces are overtaxed at this time, we should step back. Ms. Mauger then asked if anyone from the group who organized the gun rally would like to comment. Mr. Redfern of Billerica said that he was sorry about Boston but he did not see that issue arising in Lexington. If the Selectmen cancel the permit, we would be giving in to those who were behind the Boston bombing and they will have won. He expected a safe event. He also said it would personally cost him $7,000 for airline tickets for people he had arranged to be flown in for the rally. He said that airlines would not refund the money. Ms. Mauger said that the Board would be willing to write a letter to the airlines if it would help to explain the situation. Following a discussion on what would be an appropriate timeline for a moratorium if it were to be voted, the following motions were voted: Selectmen's Meeting — April 16, 2013 Upon motion duly made and seconded, it was voted 5 -0 to suspend any permits issued for the period of April 17 through May 1, 2013 for use of the Battle Green, its surrounding public spaces and Tower Park. Upon motion duly made and seconded, it was voted 5 -0 to place a moratorium on new permits for the use of the Battle Green, its surrounding public spaces and Tower Park, for the period of April 17 through May 1, 2013, subject to further extension or rescission when the Selectmen have further information from public safety authorities on the Town's ability to provide for the public's safety. On a motion duly made and seconded, it was voted 5 -0 to craft a letter for Mr. Redfern to send to the airlines. It was requested that our Executive Secretary poll the Selectmen to find a date for a special meeting to determine whether the voted moratorium should be extended or ended after May 1. Approve Lowering the Battle Green Flag for Victims of the Marathon Explosions Upon motion duly made and seconded, it was voted 5 -0 to lower the Battle Green flag to honor the victims of the Boston Marathon bombings. Upon motion duly made and seconded, it was voted to adjourn at 6:40 p.m. A true record; Attest: Norman P. Cohen Selectman Selectmen's Meeting April 22, 2013 A regular meeting of the Board of Selectmen was held on Monday, April 22, 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. Article Positions Ms. Mauger asked the Selectmen if they wanted to take a position on Mr. Mehr's amendment under Article 20, Establish and Appropriate to and from Specified Stabilization Funds, to send an additional $750,000 from free cash into Capital Projects/Debt Service/Building Renewal Fund. The Selectmen do not support the proposed amendment, except Mr. Kelley who will wait to hear additional information at Town Meeting. Community Center Advisory Committee Charge Ms. Mauger explained that the Selectmen received numerous comments from residents and also the staff through the Town Manager. She broke the comments into three areas. The comments with suggestions for membership and on what they want in a community center were put aside. The third area of comments was about the criterion for membership and some policy issues regarding affordable housing. She feels the Committee should not be responsible for the entire site and that just the existing buildings should be addressed in the charge. The suggested duration of the committee is 3 years. Several liaisons were also added. Mr. Pato wanted to be sure the Committee would have the responsibility to give a recommendation for expansion on the existing buildings, like adding an auditorium/gym. Mr. Kelley requested that the charge include a Public Facilities Liaison and the Selectmen agreed. Upon motion duly made and seconded, it was voted 5 -0 to approve the proposed amended charge for a Community Center Advisory Committee. Upon motion duly made and seconded, it was voted 5 -0 to designate members of the Community Center Advisory Committee as Special Municipal Employees. The Selectmen will discuss membership at a future meeting. Draft Purchase and Sale Agreement for 33 Marrett Road Discussion on this item was deferred until the Selectmen's meeting on Wednesday, April 24, 2013. Selectmen's Meeting - April 22, 2013 Eagle Letter Congratulating Adrian Svenson Troop 119 requested a letter of commendation for Adrian Svenson who recently earned the rank of Eagle Scout in the Boy Scouts of America. His Eagle project including building a pair of boardwalks within an area of conservation land in Lexington reserved for walking and hiking, helping to make the area accessible to those with disabilities. Upon motion duly made and seconded, it was voted 5 -0 to send a letter of commendation to Adrian Svenson congratulating him on attaining the highest rank of Eagle in Boy Scouting. Communications Advisory Committee — Appointment Upon motion duly made and seconded, it was voted 5 -0 to appoint Geoffrey Xiao to the Communications Advisory Committee to fill the unexpired term of John Rudy until September 30, 2014. Economic Development Advisory Committee — Resignation Upon motion duly made and seconded, it was voted 5 -0 to accept the resignations of Joseph Zink and Jerry Michelson from the Economic Development Advisory Committee, effective immediately. Sustainable Lexington Committee — Resignation, Appointment and Charge Change Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Ken Moraff from the Sustainable Lexington Committee, effective immediately. Upon motion duly made and seconded, it was voted 5 -0 to appoint Sarah Wilson to the Sustainable Lexington Committee to fill the unexpired term of Ken Moraff until September 30, 2015. Upon motion duly made and seconded, it was voted 5 -0 to change the membership of the Sustainable Lexington Committee from 5 -7 to 7. Town Manager Appointments Council on Aging Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of Gerry Howell and Barbara Rediker to the Council on Aging for a term to expire May 31, 2016. Recreation Committee Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's appointment of Rick DeAngelis to the Recreation Committee for a term to expire April 30, 2016. Selectmen's Meeting - April 22, 2013 Consent Agenda Water and Sewer Commitments and Adiustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and sewer commitment: Commitment of Water /Sewer charges Cycle 9 March 2013 $220,779.27 Use of Bikeway — Revolutionary Revelry /Artists Ein Plein Air Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Revolutionary Revelry to use the Bikeway for the Artists En Plein Air event on Saturday, May 11, 2013, from 10:00 a.m. to 2:00 p.m. as long as the artists' stations are located well off the bikeway and that the area immediately around the entrance to the parking lot behind the Depot be avoided in favor of the wider sections of the paths. Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Friends of Lexington Bikeway /Transportation Advisory Committee to hold the Amazing Revolutionary Race on Thursday, May 9, from approximately 12:30 p.m. to 4:00 p.m. along the bikeway between the Visitor's Center and the Munroe Center as part of Revolutionary Revelry month. Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of March 14, 2013, March 20, 2013, March 27, 2013, April 2, 2013 and April 3, 2013. Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes of March 27, 2013. Executive Session Upon motion duly made and seconded, it as voted 5 -0 by roll call to go into executive session to discuss strategy with respect to potential litigation related to Shire's compliance with the Noise Bylaw and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting discussion may have a detrimental effect on the bargaining and /or litigating position of the Town. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 6:56 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 24, 2013 A regular meeting of the Board of Selectmen was held on Wednesday, April 24, 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. Approve Purchase and Sale Agreement for 33 Marrett Road This item was originally on the Monday, April 22, 2013 meeting agenda, but Ms. Mauger explained that due to the Town Office building being closed on Friday April 19, 2013 the Selectmen had to receive their packets electronically and did not have a chance to have staff answer individual questions. Ms. Manz, 14 Ellison Road, has no objection to the historic preservation restriction being placed on the property but fears that there may be other limitations in the purchase and sale agreement that would place greater restrictions than the historic preservation restriction would do. The purchase of the property was presented at Town Meeting with a historic preservation restriction and overwhelmingly passed. However, Ms. Manz's understanding was that this restriction would still allow some flexibility in the future for how this land is used. Mr. Kanter, Town Meeting Member, Precinct 7, encouraged the Selectmen to allow that the Purchase and Sale Agreement be made available for review by the public after negotiations with the seller are complete but prior to signing by the Board of Selectmen. In response to Ms. Haskell's, 6 Trotting Horse Drive, question about whether the terms of the purchase and sale agreement would be approved by Town Meeting, Mr. Cohen read the motion from the 2013 Special Town Meeting so that Ms. Haskell understood that Town Meeting authorized the Selectmen to purchase the land on such terms and conditions as the Selectmen may determine and further authorized the Selectmen to convey an historic preservation restriction applicable to all or any part of such land. Ms. Fenollosa, 10 Marshall Road and Chair of the Community Preservation Committee (CPC), pointed out that the historic preservation restriction and the purchase and sale agreement are two separate documents. She feels that the CPC and Town Meeting does not object to the preservation restriction. Ms. Fenollosa is concerned that there may be additional restrictions that the CPC did not see when they made their recommendation to Town Meeting. Mr. Cohen clarified that there was not a purchase and sale agreement available for review by the public in the purchase of the Busa property as referred to by Ms. Fenollosa. Mr. Pressman, 22 Locust Ave, thinks it is appropriate that before this is finalized the community should be able to see the terms. Selectmen's Meeting — April 24, 2013 Executive Session Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into Executive Session at 6:28 p.m. to consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared 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 5 -0 by roll call to return to open session at 8:00 P.M. Continued Discussion - 33 Marrett Road Ms. Mauger reported that the Board of Selectmen has authorized the negotiating team to continue to work with the seller in terms of the Purchase and Sale Agreement. The Board will meet on Monday April 29, 2013 at 6:00 p.m. and start in executive session to discuss the result of the negotiating team's work with the seller. The Selectmen will move in to open session to discuss the Purchase and Sale Agreement. On April 30, 2013 at 9:00 a.m. the Board will have another meeting to approve and sign the Purchase and Sale agreement if so voted. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 8:03 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting April 29, 2013 A meeting of the Board of Selectmen was held on Monday, April 29, 2013, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Cohen; Mr. Manz; and Mr. Pato; 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 consider the purchase, exchange, lease or value of real property at 33 Marrett Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Discuss Purchase and Sale Agreement for 33 Marrett Road Mr. Valente explained that the Town and the Scottish Rite reached a verbal agreement on the Purchase and Sale Agreement. The Selectmen are expected to sign the document at a meeting on Tuesday, April 30, 2013, at 9:00 a.m. The purchase price is $10,900,000. The closing date is November 30, 2013 which will hopefully give the Scottish Rite enough time to finish the construction on their new space and move out of the old space. The Purchase and Sale Agreement grants the Town an easement to use the driveway and parking lot. The Scottish Rite is retaining the Commander's House, but the Town will have the right of first refusal. The Agreement includes 90 days due diligence to examine and test the property and do any research on deeds and titles. The Agreement includes placing a historic preservation restriction on the entire parcel and the Town agreed to prohibit development on all the green area indicated on Exhibit A. Answering Mr. Kanter's questions, Mr. Valente answered that the parking lot easement includes the grove; that the closing date could be extended with 30 days notice; and that the restriction does not restrict putting utilities in the ground in the area of the second access. Ms. Manz, 14 Ellison Road, asked how the 25 year restriction was arrived at. Ms. Mauger answered that it was negotiated. Mr. Pressman, 22 Locust Avenue, asked why the Scottish Right requested no development. Mr. Valente answered that the Scottish Rite felt it would change the look of their front yard which they wanted to keep open, including the land to the left of the Commander's House, since the Commander's House is home to the Commander and his guests. Selectmen's Meeting — April 29, 2013 Ms. Mauger reiterated that the entire Board of Selectmen will meet Tuesday, April 30, 2013, at 9:00 a.m. in the Selectmen's Meeting Room to approve the Purchase and Sale Agreement and that the proposed Agreement would be put on the Town's webpage tonight after this meeting. Upon motion duly made and seconded, it was voted 4 -0 to adjourn at 6:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen's Meeting April 30, 2013 A meeting of the Board of Selectmen was held on Tuesday, April 30, 2013, at 9:00 a.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. Approve Purchase and Sale Agreement for 33 Marrett Road Ms. Mauger explained that the Selectmen discussed the proposed Purchase and Sale Agreement at their meeting last night and the Agreement was available on the Town's webpage for viewing. The Selectmen had no further comments on the Agreement. Upon motion duly made and seconded, it was voted 5 -0 to approve the Purchase and Sale Agreement for 33 Marrett Road, as presented. Upon motion duly made and seconded, it was voted to adjourn at 9:05 p.m. A true record; Attest Lynne A. Pease Executive Clerk