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HomeMy WebLinkAbout2013-09-BOS-min Selectmen’s Meeting September 9, 2013 A regular meeting of the Board of Selectmen was held on Monday, September 9, 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. Selectmen Concerns and Liaison Reports Mr. Pato reported that the Battle Road Byway Task Force, as follow-up to the Selectmen meeting on July 29, will bring a recommended Memorandum of Understanding to the September 23 Selectmen Meeting to request approval, along with candidates to consider for appointment. Mr. Pato reported that the Sustainable Lexington Committee will hold an information session on Wednesday, September 25, at 7:00 p.m. in Battin Hall to discuss a possible Request for Proposal (RFP) for solar installations on municipal and school building roofs as well as possible ground mounted array at the Hartwell Avenue site. The Committee is sending a letter (in collaboration with Next Step Living) to residents using oil and electric heat to raise awareness of the no-cost Mass Save Home Energy Assessments – a program made available and funded through our local utilities. The letter also makes residents aware of the potential for replacing their heating system with efficient air sourced heat pump solutions and information on how residents may find other qualified residential energy efficiency companies. Mr. Kelley is not supportive of approving a liquor license for the Inn at Hastings Park beyond what was agreed to at Town Meeting, which was a 54 seat restaurant. He showed three slides of what was said by Ms. Kennealy, the Applicant, and Ms. Manz, Planning Board Chair, at the May 9, 2013 Annual Town Meeting relating to liquor. Town Manager Report Mr. Valente reported on two items: 1.The fifth Citizen’s Academy begins September 12. The Board of Selectmen and Town Manager’s Office will be represented at the first session. 2.The Summit 1 will be held on Thursday, October 3, instead of Wednesday, October 2, because of a conflict for some of the attendees. Continued Liquor Hearing – New Innholder Liquor License – Inn at Hastings Park, 2013-2027 Mass. Avenue – 7:00 p.m. The hearing was reconvened at 7:14 p.m. Ms. Mauger explained that the hearing that began on August 26, 2013 was continued to now to allow time for counsel for the applicant and the Town to finalize conditions. She read the final Selectmen’s Meeting – September 9, 2013 proposed conditions. She then asked Town Counsel Kevin Batt to explain what the applicant will need to comply with for liquor outside the buildings. Mr. Batt explained that the proposed conditions were based on an Innholder Liquor License for both a restaurant and public rooms, and guest rooms/suites and outside areas. The conditions outline where liquor can be served and consumed and during what hours. The conditions will be a work in progress subject to modification when the license is renewed each year. Also the Management and Operations Plan that is required as part of the Memorandum of Understanding will explain how the rules will be enforced and will provide an opportunity to fine tune the conditions. Mr. Batt responded to a letter the Selectmen received from 21 neighbors of the Inn at Hastings Park regarding regulations for Innholder Liquor Licenses. Even though the Town does not have specific regulations for Innholder liquor licenses, the state statutes allow innholder licenses to be issued. Mr. Kelley proposed a motion to approve a license for the restaurant only from 11:00 a.m. to 9:00 p.m. There was no second. Regarding a question about regulating alcohol outside, Mr. Batt responded that the Alcoholic Beverages Control Commission (ABCC) issued guidelines, but it is not part of the state statute. Mr. Manz is prepared to vote on the liquor license. The applicant has given assurances on where liquor will be served and differentiated between inn guests and restaurant patrons and has agreed to the proposed conditions. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve the application and sign an Innholder all alcohol liquor license for AB Inns LLC, d/b/a Inn at Hastings Park, located at 2013-2027 Massachusetts Avenue, with conditions. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve the hours when liquor can be consumed and served as follows: 11:00 a.m. to 11:00 p.m. Sunday through Thursday; 11:00 a.m. to 11:30 p.m. Friday and Saturday; 11:00 a.m. to 9:00 p.m. for consumption only on the covered porch or patio adjacent to the Main Inn. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve the proposed conditions of the Innkeeper Liquor License, as presented. The hearing was closed at 8:15 p.m. Selectmen’s Meeting – September 9, 2013 th Granite Plaque for 300 Tree on Battle Green Mr. Filadoro, Superintendent of Public Grounds, explained that the Tree Committee would like th approval to place a granite marker at the base of the already planted 300 Anniversary Tree on the Battle Green with the following wording: 1713-Lexington-2013 Red Oak Quercus Rubra Celebrating 300 Years Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Tree th Committee to place a granite marker with the wording as proposed at the base of the 300 th Anniversary Tree on the Battle Green, which celebrates Lexington’s 300 anniversary. Discuss Youth At Risk Committee Charge Ms. Mauger explained that at a prior Selectmen meeting the School Committee was asked to get staff input whether this committee’s charge overlapped with other youth committees. Ms. Coppe and Mr. Alessandrini, School Committee Members, feel the Youth at Risk Committee would be an important committee whose work would not overlap or duplicate existing committee work. The Committee would review existing programs and make recommendations by June 2014 on what unmet needs there are and the Youth Services Council would carry out those recommendations. They would expect the recommendations to be split into three tiers: things that can be done immediately with no money; things that can be done with some money; and more expensive changes. They would like the School Committee and Selectmen to work together on these important issues. Mr. Valente asked staff to review the proposed charge and they feel the proposed committee overlaps with the Youth Services Council. He feels the School Committee can create the committee on its own, but feels it would create confusion if the Selectmen are involved. He is not supportive of the model. The Selectmen are concerned that the proposed committee would create problems with existing committees like the Youth Services Council and the Human Services Committee and there would be a lot of overlap. They are also concerned with the proposed 20 members which would cause Open Meeting Law issues. They suggested that the School Committee proceed with the Committee on their own. The School Committee members believe there are issues beyond what the Youth Services Council are dealing with that are important and they want to raise awareness of the needs. Selectmen’s Meeting – September 9, 2013 The Selectmen requested and School Committee agreed to discuss the proposed committee with the Human Services Committee and come back and report back to the Selectmen. Discussion of Release of Organic Waste Processing Facility RFP Mr. Valente stated the purpose of the discussion was for the Board to provide direction to the staff on whether to proceed with the RFP for an Organic Waste Processing Facility (anaerobic digester) at the Hartwell Avenue yard waste site. Mr. Kelley is interested in finding ways to increase the use of the compost facility and ways to improve how to deal with organic waste. He understands there will be challenges and hurdles to deal with as options are reviewed. He suggests the Selectmen review the RFP and if they want to continue the process have a public hearing, reconnect with the Conservation Commission, Planning Board and Board of Health, send out the RFP, get responses and then weigh the possibilities. The Selectmen made it clear that an organic waste processing facility is not a done deal. A zoning change would require the approval of Town Meeting. The Selectmen are interested in putting out the RFP to receive information that will be helpful in looking at options for using the compost facility for other purposes. The Selectmen will review the RFP over the next two weeks, discuss again at the September 23 meeting and then put on the Town website for a 30 day comment period. Ms. Sharenow, 10 Partridge Road, was upset there was no publicity about this meeting. She is concerned about the already terrible traffic in the area and that the facility would hurt development on Hartwell Avenue. Mr. Cordo, Alexander Realty in Concord, who handles 4 buildings on Hartwell Avenue, attended the meeting at 44 Hartwell Avenue, and heard good and bad about an organic waste facility and does not know who to believe. His concern is one of his buildings is next door to the property being considered for the organic waste facility so he cannot put a tenant in there without giving them an out. It is difficult to get businesses into Hartwell Avenue and keep them there while the Town considers whether to put in the facility or not. Mr. Adler, Precinct 1, suggested that an economic analysis needs to be done. Mr. Lynch, King Street Properties, handles three buildings on Hartwell Avenue, is concerned about the assessed value of property on Hartwell Avenue. The issuance of the RFP will be detrimental and Lexington will lose businesses to surrounding towns. He suggests instead of issuing the RFP put together a round table of knowledgeable scientific participants to provide information to the Town. Selectmen’s Meeting – September 9, 2013 Mr. Morse-Fortier, 20 Bernard Street, suggested looking at current organic waste facilities rather than putting out the RFP. Mr. Friedlich, Precinct 5, suggested that an RFQ should be sent out before an RFP. Mr. Moroze, Precinct 7, agrees with the landlords that the organic waste facility will destroy business on Hartwell. He suggested that the organic waste RFP not be put out and instead look for alternatives, including a solar facility. Ms. Mauger said the intent is to look at alternatives. Also the Sustainable Lexington Committee is preparing an RFP for a solar facility on Hartwell that would follow a similar process. An information session will be held September 25 at 7:00 p.m. in Battle Hall. Mr. DeAngelis, Boston Properties, asked that the Selectmen step back and prepare a master plan for Hartwell Avenue. There needs to be a collective vision for the area before an organic waste facility should be considered. He suggested getting input from Hartwell properties for the vision. Ms. Hoffman, 4 Rangeway, asked what the decision making criteria was. Ms. Mauger answered that the RFP has guidelines, but will need to get responses to the RFP before coming up with criteria which will have to be weighed good and bad before we can decide on how to move forward, which will involve many Town groups. Mr. Flynn, Precinct 4, member of Board of Health, applauds the open process. He is concerned that the Board of Health has been removed from the process and does not know what the criteria are or what permits will be needed. Ms. Mauger asked the Town Manager to send a copy of the RFP to the Board of Health for their review and comment. Mr. Valente previously distributed the RFP to the Board of Health, Planning Board, Appropriation Committee and Conservation Commission and received comments, some of which were incorporated into the RFP. He will make sure the RFP is available. Ms. McKenna, Precinct 6, agrees with putting together a master plan. Putting out an RFP shows intent to do the organic waste facility. She suggests that the Selectmen reach out to the landlords on Hartwell Avenue. Mr. Barnet, 19 Eldred Street, asked the Selectmen to think about the big picture and thinks putting the RFP out will ruin efforts to improve Hartwell Avenue. Ms. Joseph, 32 Eldred Street, is very concerned about the organic waste facility and wonders why it is being considered when she hears about all the problems (smells, traffic, rodents). Selectmen’s Meeting – September 9, 2013 Mr. Smith, Cranberry Hill Associates, believes vacancies will become abatement requests if the organic waste facility is sited on Hartwell Avenue. There has been an effort going on for years trying to improving economic development on Hartwell Avenue. If the RFP is sent out it will send the message to other towns to take development away from Lexington. An organic waste facility has no benefit to Hartwell Avenue. Water/Sewer Rate Recommendations Mr. Addelson, Comptroller, reviewed the results of FY2013 water and sewer operations, billed consumption and retained earnings history. He presented the FY2014 water and sewer budgets as adopted at the 2013 Annual Town Meeting and proposed revisions to these budgets, which will serve as the basis for calculating the FY2014 water and sewer rates. He also presented the preliminary water and sewer rates for FY2014. An article will be needed on the Fall Special Town Meeting to amend the FY2014 Water and Sewer Budget. The changes proposed include a $10,427 decrease in the MWRA assessment on water and a $24,966 decrease in the MWRA assessment on wastewater based on the final assessment adopted by the MWRA Board of Directors in June 2013. At the September 23 meeting, the Selectmen will receive public comment on the preliminary water and sewer rates for FY2014. On October 7 the Selectmen will vote on recommended FY2014 water and sewer rates. Approve Theatre License Renewals – Lexington Venue Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two theatre licenses to Lexington Theatre Project, Inc., d/b/a Lexington Venue, located at 1794 Massachusetts Avenue, for Cinema 1 and 2 to show movies weekdays and Sundays, subject to a completed and approved fire inspection. Selectmen Committees Resignation – Housing Partnership Board Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Manz abstained) to accept the resignation of Wendy Manz from the Housing Partnership Board, effective immediately. Annual Committee Reappointments 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Marian Cohen and Dan Krupka to the 2020 Vision Committee for terms to expire September 30, 2016. Selectmen’s Meeting – September 9, 2013 Communications Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski, Frank Cai, Maria Kieslich and Kenneth Pogran to the Communications Advisory Committee for terms to expire September 30, 2016. Human Rights Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Michael McLean, representing Police, and Linda Vine, representing senior staff to the Human Rights Committee for terms to expire September 30, 2016. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Bettina McGimsey and Francine Stieglitz to the Sidewalk Committee for terms to expire September 30, 2016. Town Celebrations Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Mary Gillespie, Henry Murphy and Linda Dixon to the Town Celebrations Committee for terms to expire June 30, 2016. Upon motion duly made and seconded, it was voted 5-0 to appoint Barbara Manfredi to the Town Celebrations Committee to fill the unexpired term of Joanne Granger until June 30, 2015. Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Jenkins, Wayne Miller, William Mix and David Taylor to the Town Celebrations Subcommittee for terms to expire June 30, 2014. Traffic Safety Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint citizens Stephen Ades, Steve Frymer and Sudhir Murthy; David Cannon, DPW; Mary Ellen Dunn, School; Manuel Ferro, Police to the Traffic Safety Advisory Committee for terms to expire September 30, 2014. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments and adjustments of water and sewer charges: Commitment of Water and Sewer Charges November 2012 $3,017,162.42 Commitment of Water and Sewer Charges August 2013 Finals $27,088.44 Commitment of Water and Sewer Charges August Cycle 9 Billing $394,556.18 Adjustments of Water and Sewer Charges as recommended by WSAB ($26,041.37) Selectmen’s Meeting – September 9, 2013 Approve Flyer Distribution Regarding Passing School Buses Upon motion duly made and seconded, it was voted 5-0 to approve a request of the School Transportation and Safety Study Committee to place inserts regarding stopping for school buses and kids wearing helmets in with the next Tax Bill. Use of the Battle Green – Annual Battle Road Memorial March Upon motion duly made and seconded, it was voted 5-0 to approve a request of the U.S. Army rd Reserve’s 3 Legal Operations Detachment to use the Battle Green on Saturday, October 12, th 2013, from 8:00 a.m. to approximately 2:00 p.m. for the 4 Annual Battle Road Memorial March beginning and ending at the Battle Green. One-Day Liquor License – Historical Commission Conference Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Preservation Massachusetts, Inc. to serve beer and wine at a closing reception for the Historic Preservation Statewide Conference on Friday, October 18, 2013, from 5:30 p.m. to 7:00 p.m. in the front lobby only of the Cary Memorial Building, subject to receiving a Certificate of Insurance including general and liquor liability with the Town named as additionally insured. One-Day Liquor License – Spectacle Management Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Spectacle Management to serve beer and wine on Sunday, September 22, 2013, from 1:00 p.m. to 4:30 p.m. for the Judy Collins Concert in the front lobby only of the Cary Memorial Building, subject to receiving a Certificate of Insurance including general and liquor liability with the Town named as additionally insured. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the Selectmen minutes of July 29, 2013, with a minor amendment. Other Documents 1.Three slides Peter Kelley showed relating to the rezoning for the Inn at Hastings Park at the May 9, 2013 Annual Town Meeting. 2.Conditions on Liquor License for Inn at Hastings Park dated September 9, 2013. 3.Letter from 21 neighbors of the Inn at Hastings Park dated September 5, 2013 regarding regulations for Innholder Liquor Licenses. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:09 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting September 23, 2013 A regular meeting of the Board of Selectmen was held on Monday, September 23, 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. Selectmen Concerns and Liaison Reports Mr. Manz attended the burial of the time capsules near Depot Square that will be unearthed in 50 years. Grant of Location – National Grid Ms. Kelleher, representing National Grid, was available to answer any questions regarding these two grant of location requests. Pinewood Street Ms. Mauger opened the hearing at 7:03 p.m. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 90 feet of 2 inch gas main in Pinewood Street. The hearing was closed at 7:05 p.m. Arcola Street The hearing was opened at 7:05 p.m. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 45 feet of 2 inch gas main in Arcola Street. The hearing was closed at 7:06 p.m. Endorse League of Women Voters Program on October 10 – Violence in Media Ms. Manz, representing the League of Women Voters, requested the Selectmen’s endorsement of a program on violence in media and its effect on society and the development of children. Upon motion duly made and seconded, it was voted 5-0 to endorse the League of Women Voters Program planned for October 10, 2013, about Violence in Media. Selectmen’s Meeting – September 23, 2013 FY2014 Water and Sewer Rate Hearing Mr. Addelson explained the purpose for the meeting was to take public comment on the proposed rates. He reviewed the FY2014 proposed budgets, the proposed FY2014 water/wastewater rates and the impact of proposed rates on low/average/high users. Mr. Adler, Precinct 1, requested information on the following before the water/sewer rate is voted on: is Bedford charged enough for the water they use; why is Hanscom charged more than Bedford; why the Veterans Hospital is charge 2.5 times more than Bedford; how much Bedford is paying Lexington during their flushing program; why continue providing Bedford water; and since Bedford has contaminated pipes and Lexington’s pipes are contaminated would Bedford pay for the cleaning. The Selectmen took Mr. Adler’s comments under advisement and will respond to his questions. Mr. Addelson explained that there is a 25 year agreement between Lexington and Bedford that started in 1993 to buy water which precludes need for Bedford to lay pipes directly to MWRA and that Bedford pays the wholesale rate which is the same rate they would pay if connected directly to MWRA. Mr. Valente stated that Bedford’s contamination issues do not affect Lexington’s system in any way. Hanscom and MIT Lincoln Lab share water as a separate agreement with Lexington and the amount they pay is higher because they are a tax-exempt entity. Regarding water quality, Mr. Hadley, Director of Pubic Works, explained that Lexington’s nine wells are checked weekly for bacteria and chloroform. Mr. Bartenstein, Appropriation Committee and Town Meeting Member, commended the current process being followed for setting the water and sewer rate each year. He thinks the Shire consumption numbers should be increased for both water and sewer. That would reduce the proposed increases for FY2014. The Selectmen took his information under advisement. The Selectmen will vote the FY2014 Water and Sewer Rates at the meeting on October 7. Community Center Advisory Committee (CCAC) Recommendations Mr. Ciccolo, Chair of the CCAC, and Mr. Goddard, Facilities Director, made a presentation that reviewed the charge of the CCAC; activities of the Committee’s four meetings, first round of recommendations, objectives, construction principles, timetable considerations/schedule, and what will be coming soon from the CCAC. Selectmen’s Meeting – September 23, 2013 The first round of recommendations will address code compliance, ADA accessibility; telecommunications/network connectivity and providing spaces for functions, meetings and classrooms. The CCAC’s broad objectives are to provide an intergenerational, multicultural, vibrant Community Center for the Lexington Community from the day it opens it doors. The Construction Principals include: minimizing any structural changes, minimizing costs, focus on code compliance, not removing any load bearing walls, no expansion and no modification to the exterior except for ADA compliance issues. Currently the Committee timeline is to prepare for the Special Town Meeting and Committee reviews, get funding authorization for construction drawings, put out to bid late December 2013/early January 2014, contracting and construction would be February to May 2014 with a possible move in target of May/June 2014. The CCAC will return to the Selectmen’s meeting scheduled for October 7 to review final recommendations for a warrant article for the Special Town Meeting scheduled for November 4. The total estimated project costs for the interim construction are between $755,000 and $1,210,000. Mr. Manz cannot support this project unless there is a commitment in the report from the CCAC for a Community Center, not just a Senior Center. Ms. Ciccolo said the committee will be discussing their recommendations further at their meeting on Friday, September 27. Mr. Himmel, Permanent Building Committee, is concerned about the proposed schedule of construction work while departments are occupying the building, which costs more to construct, is less efficient and takes additional time to complete. He would like more options to be explored. He is concerned about the cost of the proposed project and that no one should be surprised if the cost goes up because of unknown factors. He would like to see an adjustment to the project to include work in a space large enough for 100. Asked about the large gathering space, Ms. Ciccolo stated that the CCAC started conversations about the large meeting space and also the additional bathrooms that would be needed for that. Mr. Pressman, Housing Partnership Board, asked why young citizens were not included on the CCAC. Ms. Ciccolo responded that the Committee is looking at how they can reach out to the youths and also may add youth liaisons to the Committee. Upon motion duly made and seconded, it was voted 5-0 to support the Ad Hoc Community Center Advisory Committee recommendations and include the necessary warrant articles on the Special Town Meeting Warrant. Selectmen’s Meeting – September 23, 2013 Discuss Financing Options for High School Modular Classrooms Ms. Coppe, School Committee Chair, stated that the School Committee approved the proposed plan to install modular classrooms to deal with increased enrollment and the increased space needed for special needs programs. Mr. Goddard, Public Facilities Director, reviewed the proposed space recommendation, a budget estimate and construction schedule. The proposed project is to install 10 general education classrooms in the summer of 2014 and 2 additional classrooms in the summer of 2015. The total project budget estimate is $6.7 to $7.7 million: $4.9 to $5.6 for Summer 2014 and $1.8 to $2.1 for Summer 2015. The construction schedule would begin with the November 4, 2013 Special Town Meeting appropriation, bid package issued end of November, signed contract by late January 2014, site work early March, modular buildings delivered late June and Certificate of Occupancy August 2014. Dr. Ash stated that these additional classroom modules do not remove the overcrowding issues at the High School but hopes they will cover special education needs for a few years. Mr. Addelson, Comptroller, presented financing options for the High School Modular Classrooms: Model FY2015 Annual FY12016 Annual Growth in Debt Growth in Debt Service Service 1 . $7.2 million Debt Financed 29.9% 6.3% 2 . $5.47 million debt financing and 16.5% 6.6% $1.73 million in cash financing 3 . $7.2 million debt financed with $1.73 7.8% 14.1% million cash to offset debt service 4 . $7.2 million debt financed with $2.62 5.2% 5.5% million cash to offset debt service Ms. Mauger recessed the meeting for a few minutes. Continued Discussion on Posting for Public Comment the Organic Waste Processing Facility Request for Proposal (RFP) Mr. Pato read a statement about his experience on a visit to the Jordan Dairy Farms in Rutland, Massachusetts where a small operational anaerobic digester operates. Selectmen’s Meeting – September 23, 2013 Ms. Heiger-Bernay, Chair of the Board of Health (BOH), read a statement. The BOH requested that the RFP not be released to the public until after their review and comment, would take about one month. The BOH would like the RFP to be as accurate as possible by getting their questions regarding ambiguity of language answered for a proper process. The Selectmen would like to release the RFP to the public in order to receive comments/feedback, but agree that they want the BOH to review the RFP and provide their comments. The Selectmen discussed whether they wanted to post the RFP for comment or to delay as requested by the BOH and also separately whether to release the RFP for vendor response. Mr. Pato would like to release the RFP to the public to show openness and to let the public know the scope of discussions. Mr. Manz is in favor of posting the RFP for the public but is also interested in receiving comments from the BOH and then the Selectmen can have further discussions. Mr. Kelley wants the process to be open and to have broad dialogue on any proposal brought forward for the Hartwell Avenue site. Most important to him is assurance that whatever proposal plays out is worthy and has the proper safeguards, controls and authorities and includes input from the BOH. At this time he thinks it would be a disservice to post the RFP until we have opportunity to take more thorough and complete steps on deciding controls and responsibilities and the BOH has participated in that process. Ms. Mauger believes the RFP should be posted to receive as much information as possible and agrees it should not be released to vendors. Mr. Kelley suggests allowing the BOH to review the RFP and then the Selectmen can discuss a policy or position. He suggested that the BOH should also look at new technology that should be considered for Hartwell Avenue and come back to the Selectmen later in the year or early next year. Mr. Pato took a video of his visit to the Rutland farm and will get posted with the RFP. He also said that the farmer would be welcoming of visitors to see the anaerobic digester operations. Mr. Kelley would support releasing the RFP to the public with a cover letter explaining the origins of the funding, statement of history, chronology of events and where the project stands now. All the Selectmen agreed with the need for a cover letter. Mr. Morse-Fortier, 20 Bernard Street, asked whether CDM just prepared an RFP or whether there was a report also. Selectmen’s Meeting – September 23, 2013 Mr. Valente explained that there were two projects: 1) CDM prepared a report on the anaerobic digester technology and if the Hartwell Avenue site could accommodate the technology. The report suggested the site would be conducive to anaerobic digester technology; 2) follow-up work was to draft an RFP and discuss with various boards and committees and revise the RFP as needed. Mr. Barnett, 19 Eldred Street, reminded the Selectmen that the report is currently on the Town website. Ms. Mauger asked that the report be linked with the RFP. Upon motion duly made and seconded, it was voted 5-0 to post the draft RFP for the public with an explanation that the Selectmen do not plan to release the RFP to vendors. Approve Memorandum of Understanding for Battle Road Scenic Byway Committee and Membership Mr. Pato explained that the Memorandum of Understanding (MOU) is between Arlington Lexington Lincoln, Concord and the Minute Man National Historical Park. The purpose of the MOU is to carry out the activities of the 2011 Corridor Management Plan, including: leading efforts to secure grants for Byway funding, obtaining broad participation through a stakeholders advisory group and developing an annual work plan and priorities to advance the Corridor Management Plan. The Byway Committee has no independent authority to make regulatory changes or appropriate municipal funding. The MOU allows for three representatives from each town to be appointed as members of the Committee, but each town retains a single vote during deliberations by the Committee. Mr. Pato recommends appointing Richard Canale and Maryann McCall-Taylor to the Committee at this time. A third name will be brought forward at a future meeting. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Memorandum of Understanding between the Arlington, Lexington, Lincoln, Concord and the Minute Man National Historical Park to establish a permanent management entity for The Battle Road Scenic Byway: Road to Revolutions. Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Canale and Maryann McCall-Taylor to the Battle Road Scenic Byway Committee for 2-year terms to expire September 30, 2015. Selectmen’s Meeting – September 23, 2013 Approve and Sign First Amendment to Purchase and Sale Agreement for Scottish Rite Property Mr. Valente explained that Town Counsel recommends approval of the First Amendment to the Purchase and Sale Agreement for the Scottish Rite property. The amendment makes the following changes to the previously signed Purchase and Sale Agreement: changes the closing date from November 30 to December 3 and clarifies that the Scottish Rite Masonic Museum and Library, Inc., which is a different entity than the Scottish Rite, will grant the Town an easement to use the common driveway and parking lot. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the First Amendment to the Purchase and Sale Agreement between the Town and the Ancient Accepted Scottish Rite of Free Masonry. Approve Grant Agreement for Historical Society Preservation of Records Project Mr. Valente explained that this Historical Society project to preserve historical records was funded through the Community Preservation Act. Some of the records being preserved are owned by the First Parish Church, but held by the Historical Society. The proposed agreement clarifies that the First Parish Church documents will be provided to the Town in digital format, that if the Historical Society is no longer able to hold these documents that they will be held directly by the Church, and that if the Church transfers ownership of the documents to an entity other than the Town or Historical Society that the Historical Society will reimburse the Town the $10,138 in preservation costs. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Amendment to the Grant Agreement for Historical Records Preservation between the Town and the Lexington Historical Society. Approve Revised Use of the Battle Green Regulations Mr. Cohen explained that the Policy Manual Committee and Captain Ferro reviewed and revised the Battle Green Regulation to clarify language regarding weapons, Patriots Day celebrations and public safety issues. The Selectmen would like additional time to review and make suggested changes to the proposed regulation. The Executive Clerk will send the proposed Regulation showing the changes and the Selectmen will get their comments to her within the next two weeks. Approve Common Victualler for New Owner of Avenue Deli Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License for Café Jae Corporation d/b/a Avenue Deli, located at 1806 Massachusetts Avenue, subject to receiving a Certificate of Occupancy from Community Development. Selectmen’s Meeting – September 23, 2013 Approve Limousine License Renewals – Fusco Enterprises Mr. Fusco is requesting a renewal of his current Limousine License for a 2003 Chevy Suburban to be housed at 88 Reed Street and a new Limousine License for a 2010 Lincoln Town Car that will be stored in Burlington. The license for the 2003 Suburban will state that only one commercial vehicle is allowed at the residence and the license for the 2010 Town Car will state that the vehicle is to be housed in Burlington. Upon motion duly made and seconded, it was voted 5-0 to approve the applications and issue one Limousine License renewal and one new Limousine License to Fusco Enterprises, LLC, 88 Reed Street, until May 1, 2014. Annual Committee Reappointments Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Hausslein, Stewart Kennedy and Michael Tabaczynski to the Bicycle Advisory Committee for 3-year terms to expire September 30, 2016. Board of Appeals Upon motion duly made and seconded, it was voted 5-0 to appoint Edward McCarthy to the Board of Appeals for a 5-year term to expire September 30, 2018. Upon motion duly made and seconded, it was voted to appoint Carolyn Wilson to the Board of Appeals Associates for a 1-year term to expire September 30, 2014. The Selectmen will send a letter to Ms. Wilson thanking her service as Chair to the Board of Appeals. Upon motion duly made and seconded, it was voted to reappoint Nancy Adler, Ralph Clifford, Frederic Johnson and Richard Michelson to the Board of Appeals Associates for 1-year terms to expire September 30, 2014. Center Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Frederic Johnson, Howard Levin and Jeffrey Lyon to the Center Committee for 3-year terms to expire September 30, 3016. Economic Development Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Narain Bhatia, John McWeeney and Robert Richards to the Economic Development Advisory Committee for 3-year terms to expire September 30, 2016. Selectmen’s Meeting – September 23, 2013 Fence Viewers Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski, Douglas Meadows and Robert Warshawer as Fence Viewers for 1-year terms to expire September 30, 2014. Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Aaron Ladd, Keith Ohmart and Michael Tabaczynski to the Greenways Corridor Committee for 3-year terms to expire September 30, 2016. Lexington Scholarship and Education Fund Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Ash (School Superintendent) and Thomas Fenn and David Williams (representing PTA Scholarship Council) to the Lexington Scholarship and Education Fund Board for 1-year terms to expire September 30, 2014. Upon motion duly made and seconded, it was voted 5-0 to appoint Sharon Lawler and Ann Boese, representing Lexington Education Foundation, for 1-year terms to expire September 30, 2014. Sustainable Lexington Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Todd Rhodes and Mark Sandeen to the Sustainable Lexington Committee for 3-year terms to expire September 30, 2016. Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Gloria Amirault, Elaine Quinlan, Margareth Sarmiento and David Tabeling to the Town Report Committee for 1-year terms to expire September 30, 2014. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Sally Castleman and Peter Levy to the Transportation Advisory Committee for 3-year terms to expire September 30, 2016. Tree Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Jewel Kuljian and James Wood to the Tree Committee for 3-year terms to expire September 30, 2016. Water and Sewer Abatement Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Loren Wood to the Water and Sewer Abatement Board for a 3-year term to expire September 30, 2016. Selectmen’s Meeting – September 23, 2013 Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of water and sewer charges: Adjustments of Water and Sewer Charges as recommended by WSAB ($5,892.03) Approve Veteran’s Day Events – November 11, 2013 Upon motion duly made and seconded, it was voted 5-0 to approve the plans of the Town Celebrations Committee for the Veteran’s Day parade and ceremonies on November 11, 2013, between 9:30 a.m. and 12:00 noon. Approve Use of the Battle Green – ASAPROSAR Walk-A-Thon The Selectmen requested that the registration/information tables not be placed on the Battle Green if this event is to occur next year. Ms. McKenna, Tourism Committee, requested that ASAPROSAR group check with them prior to their event. Upon motion duly made and seconded, it was voted 5-0 to approve the request of ASAPROSAR (Salvadoran Association for Rural Health) to use the Battle Green on Sunday, October 27, 2013, from 2:00 p.m. to 5:00 p.m. for registration/information tables for a walk/run to begin and end at the Battle Green. Approve One-Day Liquor License – Private Birthday Party at Depot Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Cecile Greppi to serve beer and wine for a private party to be held on Saturday, September 28, 2013, from 6:00 p.m. to 12:00 midnight at the Depot Building Documents Presented 1.Memo from John Bartenstein, Appropriations Committee, dated October 12, 2012, regarding FY2012-13 Water/Sewer Rate Setting. 2.AHCCAC (Community Center Advisory Committee) Presentation to Selectmen on 9/23/13. 3.Presentation – Lexington High School Overcrowding, School Committee Update, September 10, 2013. 4.LHS Modular Classrooms, Financing Construction (Rob Addelson) 5.Statement by Joe Pato on Jordan Farm, Rutland, Mass., site visit. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:07 p.m. A true record; Attest: Lynne A. Pease, Executive Clerk