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HomeMy WebLinkAbout2013-09-16-CFC-min Community Farming Committee Meeting Minutes September 16, 2013 A meeting of the Community Farming Committee (CFC) was held on September 16, 2013 at 7 30 p m. at Baffin Hall, Cary Memorial Building. In attendance were Michael Bliss, Chairman, Michelle Ciccolo, Alan Wrigley, Tom Oliver (at 7 35 p m.) and Charles Lamb Also attending Assistant Town Manager for Finance Rob Addelson, Community Development Director Karen Mullins and Town Manager Carl Valente LexFarm Operational/Site Plan—Public Comment Mr Bliss provided an overview of the process for selecting a farming organization to lease the Town owned property (Busa Farm) on Lowell Street He further explained that the purpose of this meeting is for the CFC to receive public comments on LexFarm's proposed Operational/Site Plan. Janet Kern from LexFarm introduced the members of the LexFarm Board who were in attendance Ms Kern explained that Lexfarm will be a professionally operated farm, but for the public's benefit Ms Kern then made a presentation on LexFarm's proposed operational/site plan, which is attached to these Minutes and included • Hours of Operation • Produce for Sale • Farming Practices • Building Use and Improvements • Safety and Security • Abutter and Neighbor Concerns Mr Bliss opened the meeting for public comments 1 Email Comment David Kantor—Requested that the Town not subsidize LexFarm operations (e g., providing water/sewer connections) 2 Email Comment Tina Jaillet —Would like to see the Town provide water/sewer connection to the farm. 3 Roberta Wilson. Concern that the location of the proposed new driveway will cause traffic safety issues Ms Kern explained that this driveway is for farm vehicles, not public access 4 David Kantor. Suggested that Section 4 of the draft Operational Plan delete the language related to the Town providing utilities to the site 5 Bob Pressman. Asked how the lease with LexFarm will describe the LexHab site that is excluded from the farm lease Mr Valente explained that this will be done via an Approval Not Required (ANR) plan showing the meets and bounds of the two parcels 6 Cheryl Miller. Asked if LexFarm is planning to allow dogs on the proposed paths, on or off leash. Ms Kern responded that there is not a current plan to allow dogs She will look to the Community Farming Committee for guidance on this matter, 1 but dog walking, if allowed, will likely need to be on-leash to protect the farm crops 7 David Dohan, representing ACROSS Lexington. Expressed the support of ACROSS Lexington for the proposed walking paths 8 Fabian Borenstem. Expressed the following Concern about the lack of water/sewer to the farm and the potential, therefore, for portable toilets, Wants to make sure that the privacy and safety of immediate abutters continues, Noise from the fan at the current hoop house has been disruptive to the neighbors, particularly at night (Ms Kern explained that LexFarm is not planning to use the hoop house), Suggests that LexFarm assign a board member as the contact person with the immediate abutters, Concern that parking on streets in the neighborhood would be prohibited (Ms Kern responded that LexFarm is aware that due to limited parking, it could not sponsor large events without some type of offsite parking system) 9 Fred Johnson. Asked if LexFarm has a budget for leasehold improvements Ms Kern said that there is and that would be the primary purpose of the LexFarm fundraising efforts Mr Johnson also asked what an organic pesticide is, which was explained by Dan Roberts 10 Jeff Zimmer. Asked if there will be volunteer opportunities on the Farm. Ms Kern said there will be many volunteer options 11 Christine Reed Asked about the role of the CFC, which was explained by Mr Bliss 12 Ed Landers Asked if there will be bike racks at the Farm. Ms Kern said they would like to provide this accommodation. Approve Meeting Minutes On a motion by Mr Lamb, seconded by Ms Ciccolo, the meeting Minutes from July 23 and July 24 were approved on a 4 —0 vote, with Mr Lamb abstaining. Executive Session Mr Bliss moved that the CFC go into executive session under Exemption 6 (Lease of Real Property) Discussion of LexFarm Lease Provisions and that as Chairman, he declared that an open meeting discussion would have a detrimental impact on the Town's negotiating position. Ms Ciccolo seconded the motion. On a roll call vote the motion was unanimously approved. On a roll call vote, the CFC unanimously voted to return to open session. The CFC set September 30 and October 1 as potential meeting dates, subject to the availability of LexFarm representatives The meeting adjourned at 10 03 p m. llinarte taker Carl i alente fleeting materials. LexFarm presentation LexFarm Operational Site Plan dated September 5 2013 2 Community Farming Committee Executive Session Meeting Minutes September 16, 2013 Executive Session Mr Bliss moved that the CFC go into executive session under Exemption 6 (Lease of Real Property) Discussion of LexFarm Lease Provisions and that as Chairman, he declared that an open meeting discussion would have a detrimental impact on the Town's negotiating position. Ms Ciccolo seconded the motion. On a roll call vote the motion was unanimously approved. The CFC reviewed each of the lease exceptions proposed by LexFarm 1 Article VI— Surrender LexFarm has proposed that it have no obligation to restore the Demised Premises in the event of casualty and that it have no obligation to remove, at the end of the lease, any structures it constructed. Response Article VIII addresses LexFarm's concerns regarding restoration in the event of casualty Regarding removing improvements at the end of the lease period, the CFC proposes that any removal requirement should be determined at the time the improvement is considered for approval by the Town. This will allow the decision to be made on a case-by-case basis 2 Article VII— Tenants Insurance: Lexfarm has proposed a 5-10% failure fee rather than the 25% fee in the draft lease Response: On the advice of Town Counsel, the CFC will agree to a 10% failure fee 3 Section 12.9 Security Deposit: Lexfarm has proposed substantially reducing the $30,000 security deposit since the Town previously removed the requirement to remove all structures from the property at the end of the lease Response: The CFC will agree to eliminate the $30,000 security deposit based on the Town's previous decision to delete the requirement to remove all structures at the end of the lease period and because the Committee believes that $30,000 would not be sufficient, in any case, to offset the cost of an environmental clean-up The CFC, however, will require that LexFarm have a small deductible on its property insurance policy 4 Part I. Special Provisions, 13—Permitted Use: Lexfarm proposes that the lease include more detail regarding agricultural purposes and accessory uses Response: The CFC agrees and requested that the Town Manager draft appropriate language, consistent with any State or local statutory limitations 5 Part II. Section 1.1 —Demised Premises Lexfarm proposes that the Town agree in the lease not place any easements or restrictions on the property that would interfere with the LexFarm operations LexFarm also proposes that the Town provide reasonable notice before entering the premises Response On the advice of Town Counsel, the CFC does not support this proposed change The CFC requested that the Town Manager work with LexFarm to find acceptable language, such as allowing LexFarm to terminate the lease in the event of an unacceptable easement The CFC agreed to amend the lease to provide reasonable notice from the Town before entering the premises 6 Part II. Section 5.2—Additional Tenant Covenants (clause i) LexFarm proposes that the Town's approval of the right of assignment of the lease not 3 extend to Community Farms Outreach (CFO) Response: The CFC agrees that the Town will not unreasonably deny the assignment of the lease to CFO, provided that CFO complies with all of the provisions of the lease (Clause k) LexFarm proposes that the Town's consent for improvements and alterations include a clarification that LexFarm will have the opportunity to discuss all alterations with the Town. LexFarm also requested a clarification of the role of the CFC in this matter Response The role of the CFC is determined by the Selectmen's charge to this Committee, which may change from time to time LexFarm will be asked to clarify it concern regarding approval for improvements 7 Part II. Section 12.2— Status Report: LexFarm requested a clarification of this section and whether an estoppel certificate will meet the requirements of this section. Response: The CFC agreed that an estoppel certificate (a document designed to give third party critical information on the relationship between a landlord and the tenant) is sufficient The CFC, however, stated that it will require from LexFarm regular financial and operations reports in order to determine whether LexFarm is complying with the lease provisions and is financially sound. 8 Part II. Section 12.7—Notice LexFarm requested that the lease allow email notification to the Town. Response: On the advice of Town Counsel, the CFC will agree with this change as long as there is a second form of notice provided. 9 Part II. Section 12.8— Tenant's Obligations with Respect to Environmental Matters LexFarm proposes that the lease be clarified with regard to LexFarm's responsibility for any environmental contamination existing at the start of the lease or contamination that may be the result of a third party Response: The CFC requested that the Town Manager work with Town Counsel to clarify this section of the lease 10 Part II. Section 12.9— Security Deposit: LexFarm requested a clarification on the return of the Security Deposit Response: This clause can be deleted since the Town will be removing the requirement for a security deposit On a roll call vote, the CFC unanimously voted to return to open session at 9 58 p m. 4