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HomeMy WebLinkAbout2013-11-BOS-min Selectmen’s Meeting November 4, 2013 A meeting of the Board of Selectmen was held on Monday, November 4, 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. Public Comment Mr. Hamilton, Vice Chair of the Conservation Commission, presented to each Selectman a copy of “Trail Guide to Lexington’s Conservation Land”, which includes maps and other information on each of the 25 conservation areas in Lexington. The Guide was completed by the Conservation Stewards and Ms. Schadler, Conservation Stewardship Coordinator. The Guides can be purchased in the Conservation Office for $10 and the funds will be used for maintaining the conservation lands. The Selectmen appreciate all the work of the Conservation Stewards and Ms. Schadler to put this guide together. Request for Support or Non-Opposition Letter for The Foundation for Mass Relief, Inc. Intent to Continue Process for Marijuana Dispensary Mr. Handwerker, President of The Foundation of Mass Relief Inc., requests a letter of support or non-opposition from the Board of Selectmen to include in his November 21, 2013 Phase 2 application for a certificate to operate a Registered Marijuana Dispensary (RMD) in Lexington. He has scheduled several meetings in November to allow residents to provide comments, ask questions or discuss his plans for an RMD. Ms. Mauger explained that the Town approved a moratorium to allow time to work out zoning and regulations. If the Board decided to provide a letter it would not be an endorsement, but an opinion to allow the applicant to continue to Phase 2. Mr. Kelley would prefer not to provide a letter until the process is further along and voted on at the Annual Town Meeting. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to provide a letter of non-opposition to The Foundation for Mass Relief Inc. to include in its Phase 2 application for a certificate to operate a Registered Marijuana Dispensary in Lexington. Special Town Meeting – Article Positions Article 2(d) – Amend FY2014 Community Preservation Budget Mr. Addelson, Comptroller, reviewed the proposed supplemental appropriation for Article 2(d) - Amend FY 2014 Community Preservation Budget. The State distribution estimate used at the Selectmen’s Meeting – November 4, 2013 2013 Annual Town Meeting was $961,957. The revised State distribution estimate is $1,786,230, which is an estimated increase of $824,273. Ten 10 percent of the estimated State distribution increase to put into the three buckets would be $247,282. The residual balance to put into the unbudgeted reserve is estimated to be $576,991. Upon motion duly made and seconded, it was voted 5-0 to support the proposed supplemental appropriation to Article 2(d) – Amend FY 2014 Community Preservation Budget. Mehr Amendment to Article 4 Motion - The Selectmen discussed Mr. Mehr’s amendment to add language to the main motion asking the Superintendent of Schools to study the impact on school enrollments of changes in Lexington’s housing stock. They felt there was no need for the amendment. Upon motion duly made it was voted 5-0 to not support Mr. Mehr’s amendment to the Article 4 – Appropriate for Modular Classrooms at the High School. Selectmen Committee Reappointments/Appointments Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to appoint Jessie Steigerwald to the Council for the Arts for a term to expire September 30, 2016. Housing Partnership Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Harriet Cohen, Mary Haskell, Carol Ann Marine and Robert Pressman to the Housing Partnership Board for terms to expire September 30, 2016. Town Celebrations Subcommittee Upon motion duly made and seconded, it was voted 5-0 to appoint Tanya Morrisett, Carol Flynn and Cerise Jalelian to the Town Celebrations Subcommittee for terms to expire June 30, 2014. Discussion of HATS Comments on Jet Aviation Project Ms. Mauger explained that the Hanscom Area Towns (HATS) Committee would like to send a letter opposing Jet Aviation’s plan to expand the airport’s footprint and request that they identify anticipated additional aviation traffic due to the proposed plan, propose an alternative plan that will not require modifications to the existing Hanscom Airport Layout Plan, confirm that the plans will be reviewed by the Lincoln Conservation Committee regarding wetlands, buffer areas and stormwater retention, proposed alternative plan that does not encroach on green space, consider the pros and cons of an alternative plan that includes structured parking to decrease impervious pavement on the site and comment on whether the plan is consistent with the 1978 Hanscom Field Master Plan and 1980 Noise Rules. All the Selectmen support HATS sending the proposed letter to Jet Aviation. Selectmen’s Meeting – November 4, 2013 Consent Water and Sewer Commitments and Adjustments 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 Sept 2013 $2,323,404.13 Commitment of Water/Sewer charges Section 2 Oct 2013 $2,584,783.22 Approve Bikeway Plowing Signage on Bikeway Upon motion duly made and seconded, it was voted 5-0 to approve the Bicycle Advisory Committee request to place up to ten 2-sided signs (27x18) on the Bikeway until the end of March to publicize how to make contributions to plow the bikeway. One-day Liquor License – Community Outreach Group Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Community Outreach Group to serve beer and wine at the Annual Designers Celebration at the Depot Building on Friday, November 15, 2013, from 5:30 p.m. to 9:00 p.m. One-Day Liquor License – St. Brigid Church Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for St. Brigid Church to serve beer and wine at the Youth Scholarship Fundraiser at St. Brigid Church on Friday, November 8, 2013, from 7:00 p.m. to 11:00 p.m. Pancreatic Cancer Awareness Month Proclamation Upon motion duly made and seconded, it was voted 5-0 to proclaim November as Pancreatic Cancer Awareness Month and sign a proclamation urging all citizens of the community to join in supporting the Pancreatic Cancer Action Network and its affiliates to help find a cure for Pancreatic Cancer. Stewart Kennedy Dedication Upon motion duly made and seconded, it was voted 5-0 to approve the dedication of the Willard’s Woods Conservation Area to Stewart Kennedy and place a plague that reads “This Bridge is Dedicated to Stew Kennedy, Lexington Conservation Steward Director & Conservation Commissioner. He Puts the “Stew” in “Steward”, October 2013.” One-Day Liquor License – Lexington Symphony Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Lexington Symphony to serve beer and wine during the Concert in the Cary Memorial Building Lobby on Saturday, November 16, 2013, from 8:00 p.m. to 10:00 p.m. Selectmen’s Meeting – November 4, 2013 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to litigation regarding the PCB contamination at the Estabrook School and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 7:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Summit Meeting 2 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee November 13, 2013 A Summit was held on Wednesday, November 13, 2013, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Ms. Mauger, chair, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Pato; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members with the exception of Ms. Brodner and Ms. Steigerwald; Dr. Ash, Superintendent of Schools; all members of the Appropriation Committee (AC) with the exception of Mr. Cohen, Mr. Michelson, and Ms. Schonfeld; Mr. Neumeier arrived at 7:30 p.m.; all members of the Capital Expenditures Committee (CEC). FY2015 Revenue Projections Overview Mr. Valente gave a summary of gross and net General Fund Revenues. Gross General Fund Revenues include all revenues projected as available for use in FY2015. Net General Fund Revenues are gross revenues less revenues recommended to be set-aside to fund designated expenses. In FY2015, Gross Revenues are projected to increase by approximately $5.2 million or 3%, while Net Revenues are projected to increase by approximately $9.1 million, or 5.7%. Mr. Valente also gave a summary of revenues set-aside for designated purposes, broken down by funding source: free cash and the tax levy. He noted that of the total $1,119,000 recommended to be set aside to fund Other Post-Employment Benefits (OPEB), $119,000 from Free Cash is the amount of money the Town has received back from the Federal Government for Medicare D. The proposed $1 million from the tax levy for OPEB results from using $1 million from the Health Insurance Claims fund to offset the FY15 Health Insurance budget and thereby freeing up $1 million from the tax levy. The $1,750,000 recommended set-aside for the Capital Stabilization Fund is to meet future capital/debt service needs, including $350,000 to offset FY16 exempt debt service attributable to the Bridge/Bowman and Estabrook projects. $400,000 of free cash is the recommended set aside for Federal Budget Reductions. And just under $2 million is the amount set aside for as yet identified needs. Mr. Valente also pointed out that $4.1 million of free cash is recommended to support the Operating Budget, and included in the total $10.3 million of Free Cash is $322,816 for Community Center Improvements. FY2015 Revenue Projection by Source Mr. Addelson, Assistant Town Manager for Finance, talked about the specific revenue sources and a couple of changes from prior years. He gave a summary of the major components of projected General Fund Revenue annually: Property Tax Levy, State Aid, Local Receipts, Available Funds, Revenue Offsets, and Enterprise Receipts. Summit Meeting 2 – November 13, 2013 Policy Issues for Consideration Mr. Valente presented some of the key policy issues that the group will be deliberating: 1.Impact of Federal Budget Reductions 2.Use of Free Cash for FY15 Operating and Capital Budgets Reserves 3.Continued Use of Anticipated Health Insurance Savings for FY15 Operating Budget 4.Use of Health Claims Trust Fund Balance to Continue OPEB Funding 5.Consideration of Unallocated Revenues Establish Date: Summit 3 Meeting The date of the next Summit meeting was set for Wednesday, December 18, 2013. Documents Presented 1.Summit II FY2015 Revenue Projections (Overview packet) 2.FY2015 Revenue Projections (Detail packet) Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting November 18, 2013 A regular meeting of the Board of Selectmen was held on Monday, November 18, 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 read a statement that he will not be seeking reelection as a Selectman. All of the Selectmen attended and praised the Veteran’s Day event held in Battin Hall on Monday, November 11. Ms. Mauger thanked Ms. Barry and the Town Celebrations Committee for planning the wonderful event. Mr. Manz recognized Brendan Jenness, a Lexington High School graduate, who has decided to enlist in the Navy. In 2011 he rescued a neighbor from her burning home. Mr. Cohen enjoyed the Lexington Symphony concert. He also attended the ribbon cutting ceremony at the Masonic Museum. The building has been renovated to include offices for the Masons headquarters. The Masons are pleased that the Town will be their neighbor. Ms. Mauger reported that the Masonic Grand Commander praised Mr. Cohen for his work with the Scottish Rite which enabled the Town to acquire the property for a Community Center. Mr. Manz reminded the residents that the holiday lighting is not paid by the Town but with private donations and help. Ms. Mauger attended the Lexington Community Education event at Follen Church. Mr. Richard Louv spoke on The New Nature Movement and the End of Nature Deficit Disorder. Ms. Mauger showed a photo of the dedication ceremony of the rebuilt Willard’s Woods Bridge near the North Street parking area. The bridge was dedicated to Stew Kennedy, Lexington Conservation Steward Director and Conservation Commissioner. Town Manager Report Mr. Valente reported on two items: 1.The Town received the Community Preservation Act (CPA) State distribution for $1,932,347, which is $146,117 greater than estimated at the special town meeting. The excess will flow to the CPA fund balance at the end of FY14. Last year’s State match was $929,507. 2.The Town is preparing for next Patriots Day by reviewing crowd management and safety measures; staff will present recommendations to the Selectmen on December 2. Selectmen’s Meeting - November 18, 2013 Grant of Location – Nstar – Middle Street Ms. Mauger opened the hearing at 7:15 p.m. Ms. Wade, representing Nstar Electric Company, requested approval to install conduit on Middle Street to bring underground electric service to a new subdivision. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Nstar Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Middle Street westerly at Pole 66/19 approximately 402 feet east of Lincoln Street to install 51 feet of conduit. Ms. Mauger closed the hearing at 7:16 p.m. Shade Street Traffic Concerns Ms. Ciccolo and Mr. Jackson presented Shade Street traffic issues and suggested recommendations. They want: a safer complete street, to slow down the traffic, to try traffic calming measures, to have stop signs installed on the side streets and consider adding a sidewalk. All of the Selectmen support doing something sooner rather than later. Mr. Kelley supports installing speed bumps immediately. Mr. Cohen suggested that the Police check for speeders and give out tickets. The Selectmen requested that Engineering review options and come back to the Selectmen with a work plan that includes short and long-term options. Upon motion duly made and seconded, it was voted 5-0 to direct the Town Manager to have the Engineering staff come up with a plan and timeline for a pilot program involving possible use of speed bumps, speed tables, raised crosswalks and intersections on Shade Street and to get back to the Selectmen as soon as possible. Upon motion duly made and seconded, it was voted 5-0 to direct the Town Manager to have TSAC look at the proposed stop sign requests and recommendations to see if they are possible. Upon motion duly made and seconded, it was voted 5-0 to direct the Town Manager (with timing to be determined by the Town Manager) to have the Engineering staff or other Pubic Works staff address a plan to think about the medium and long-term recommendations made by the neighborhood. Mr. Canale, 29 Shade Street, hopes the stop signs can be installed quickly. He is pleased with the current transportation study but hopes it will include complete streets. Mr. Perros, 35 Shade Street, is in favor of doing something quickly even if only temporary. Selectmen’s Meeting - November 18, 2013 Ms. Cohen, 68 Shade Street, appreciates the support of the Selectmen. She feels it is important to adjust traffic for safety but also to keep the idea of a green community going. She encourages data collection for future studies. Having some baseline numbers and also ways to figure speed and volume would help. She hopes the Police use the traffic logics module that would eliminate extra work; she left a sample report with the Town Manager. Mr. Jackson, 50 Shade Street, feels the traffic issues are critical, but he is glad everyone is working together. Mr. Herzig, 51 Shade Street, appreciates the efforts of the neighborhood and the Selectmen’s response. Tax Classification Rate Setting Hearing Ms. Mauger opened the Tax Classification Hearing at 7:57 p.m. The Selectmen first praised Mr. Jackson, Chair of the Board of Assessors, for his many years of great service. He is retiring at the end of the year. Mr. Addelson, Comptroller; Board of Assessors – Mr. Jackson, Mr. Grant and Mr. Johnson; and Mr. Lent, Town Assessor were present. Mr. Addelson stated the purpose of the meeting was to present information to the Selectmen on factors that will affect the determination of the FY2014 tax rate and to conduct a tax classification hearing in anticipation of setting a tax rate at the December 2 meeting. The information provided to the Selectmen includes Exhibit A which are based on a tax levy equal to the FY14 maximum allowable levy under Proposition 2 ½, which includes $3,017,335 in new growth that was submitted to the Department of Revenue for certification on November 14, 2013 and debt service on exempt debt net of $1.6 million voted at the 2013 annual town meeting to mitigate the debt service impacts of the Bridge/Bowman and Estabrook school projects. Mr. Jackson reviewed the following information:  Exhibit B – Historical Levy Summary;  Exhibit C – History of Average Single Family Dwelling and Tax Burden – FY1992 to Present;  Exhibit D – Changes in Assessed Values by Class: Fy2013 to FY2014;  Exhibit D-1 – Tax Rate Shift Options and Property Comparisons;  Exhibit E – Tax Factors and Tax Rates – Comparable Commercial Communities and Contiguous Communities;  Exhibit F – Top 25 Communities by Total Assessed Value;  Exhibit G – Tax Factors and Tax Rates for Aaa Rated Communities;  Exhibit H – Residential Exemption: FY2014 Property Impact Analysis; and  Exhibit A – Alternative Tax Rate Scenarios for FY2014 Selectmen’s Meeting - November 18, 2013 Ms. Bohart, Chamber of Commerce, asked the Selectmen to consider the downtown having a unified rate. Ms. Mauger closed the hearing at 8:20 p.m. Approve Sale of Notes for Community Center Financing Mr. Addelson explained that on November 13, 2013 the Town sold a $7,390,000 General Obligation Bond Anticipation Note to finance the acquisition of the property at 39 Marrett Road. The note will come due on February 21, 2014. Five bids were submitted for the notes and ranged from a high of 0.5000% to a low of 0.1440%. The low bidder was TD Securities with a premium of $6,577. The Selectmen need to vote to accept the bid of TD Securities. The FY2014 debt service and issuance costs associated with this note issue is part of the financing approved under Article 2 of the March 18, 2013 special town meeting for the acquisition of property at 39 Marrett Road. Mr. Cohen complimented and thanked the Town Manager and Mr. Addelson for securing an unbelievably low rate; he hopes it will continue. Upon motion duly made and seconded, it was voted 5-0 to approve the sale of a $7,390,000 0.50 percent General Obligation Bond Anticipation Note (the “Notes”) of the Town dated November 21, 2013, and payable February 21, 2014, to TD Securities (USA) LLC at par, plus a premium of $6,577.10. The Selectmen further voted that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated November 7, 2013, and a final Official Statement dated November 13, 2013, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. The Selectmen further voted that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to time. The Selectmen future voted to authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures in such form as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Notes. Selectmen’s Meeting - November 18, 2013 The Selectmen further voted that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. Authorize Town Manager Signature Authority for 39 Marrett Road Closing Mr. Valente explained that for administrative ease at the closing of the purchase of the 39 Marrett Road property, Town Counsel is recommending that the Selectmen authorize the Town Manager to sign the closing documents. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to take all actions on behalf of the Town and the Board of Selectmen that are reasonably necessary, in the judgment of the Town Manager, to complete the purchase of the Property by the Town in accordance with the Purchase and Sale Agreement by and between the Town and the Trustees of the Supreme Council of the Ancient Accepted Scottish Rite of Free Masonry dated as of April 30, 2013, as amended by that certain First Amendment to Purchase and Sale Agreement dated September 27, 2013, and the applicable Town Meeting vote, including without limitation signing a Deed Acceptance, a Deed Restriction for a portion of the Property, a Common Driveway and Parking Lot Easement, an Agreement of Right of First Offer, as well as closing forms, documents and settlement statements, and extending the closing date, if necessary. Visitor Center Programmatic Presentation Ms. McKenna and Ms. Brandin, members of the Tourism Committee, presented information on the Visitor Center Capital Improvement Project request and requested the Selectmen consider the following: 1.Should Tourism be part of Lexington’s economic development program? 2.Should the Program outlined in the June 4, 2013 Revised Report be approved as the basis for redesigning the Visitor Center? 3.Is FY2015 the time to fund the design for a renewed Visitor Center? Ms. Bohart, Chamber of Commerce Director, read a letter addressed to the Selectmen from Mr. Cunha, Chairman of the Chamber of Commerce and Ms. McKenna as Chair of the Tourism Committee, endorsing the June 6, 2013 Programmatic Report. Based on feedback, changes were made to the Programmatic Report to reflect: that the primary purpose of the Visitor Center is to orient the visitor to what is available in Lexington; to provide a taste of what is available so they will visit Lexington businesses and sites; and to include an Exhibit Designer who has done work for the Boston National Historic Park and the North Bridge Visitor Center. Two other changes to the report include removing the community space and having just a vending machine area with a couple of tables and chairs. Selectmen’s Meeting - November 18, 2013 The Capital Improvement Request is for $220,500. Design/Engineering is $200,500 with a $20,000 contingency. Funds will be requested from the Community Preservation Committee in the amount of $53,781; the remaining $166,719 would come from the Tax Levy. The cost includes a exhibit designer in the process. Ms. Brandin pointed out that the people come to Lexington for more than history; including the bikeway and concerts, which provide the potential to extend their stay and benefit the shops and restaurants. Also, Lexington has the responsibility as stewards of the Battle Green to offer information to people that comes without a fee. Mr. Cohen feels something needs to be done to orient people coming to the Visitor Center; he would support the design money if the focus is on orienting people to Lexington, not lecturing and educational purposes. He thinks residents would support that also. Ms. McKenna does not want to compete with existing programs. She would like to continue conversations to figure out the correct balance needed since the Historical Society houses are currently closed six months out of the year. Mr. Manz has some ambivalence toward the project because he is not sure the Tourism Committee should be leading the request for this project, rather than a Town department. He feels he is only seeing part of the picture and is struggling to see how the whole picture can come together and make sense to everyone. He is also concerned that there is no partnership between the Tourism Committee and the Historical Society. Ms. McKenna hopes that Tourism can be part of the Economic Development Department at some point. Regarding the Historical Society, she is trying to work with them and does not want to duplicate any information; she looks forward to continuing to improve the relationship. Mr. Kelley feels the current Visitor Center has outlived its ability to serve its purpose. He likes the partnership between the Tourism Committee and the Chamber of Commerce and would like the project to move forward. He is not concerned with how it may or may not work with the Historical Society; they have great programs and have received tax dollars for their building. They should do what is right for them. The community has a broader responsibility as the host to visitors. Mr. Kelley does not want to see any capital projects get out in front of the public safety buildings. He would approve the design/engineering work that would allow ideas to be brought forward for vetting and consideration next fall. Mr. Pato is also worried about the Public Safety capital expenses, but the Visitor Center request is small and it should be pursue in parallel. When the time comes to decide priorities, the Board may be faced with a decision on which project is worthy and whether it is eligible for Community Preservation Act funds. The Board should not prejudge until have more information on all the projects. Selectmen’s Meeting - November 18, 2013 Mr. Cohen agrees with Mr. Pato. He reminded the Board that as long as the Visitor Center project is not overdone it could be part of the $5 million of capital projects that come up each year. Ms. Mauger made it clear that all the Selectmen that they view the priority for municipal construction/renovation with the Public Service buildings above anything else for municipal needs. Asked about the Veteran display at the Visitor Center, Ms. McKenna explained that the idea was to have a bay window looking toward the USS Memorial and create a quiet space for people to view the memorial. Ms. Mauger asked about the programmatic goals and whether there are plans to expand on the current goals. Ms. McKenna explained there is no expansion but they hope visitors will come in to get oriented and also check out the downtown. She also has concrete hotel and meals tax numbers that show new growth on weekends when rooms are sold out. Another component is companies like Shire that contact the Tourism Committee when they are bringing in visitors or new employees and they want them to learn about the Town. Regarding whether Tourism should be part of Lexington’s economic development program, Ms. Mauger suggested that the Town Manager attend a Tourism Committee meeting and bring a recommendation to the Selectmen. Asked about how ticket sales are handled for the Historical Society houses, Ms. McKenna and Ms. Bohart answered that the Liberty Ride ticket included the three houses and a portion of the ticket price went to the Historical Society. Presently the house tickets are sold by Chamber staff and a majority of the revenues goes to the Historical Society. Regarding the question about whether the proposed program be approved as the basis for redesigning the Visitor Center, Ms. Mauger stated that Mr. Berman, Berman’s Wine and Spirits, sent an e-mail to the Selectmen expressing his support for the current plans to improve the Visitor Center. Mr. Maguire, President of the Historical Society, stated that the Historical Society recognizes and support the need for a facelift of the Visitor Center. He updated the Board on the Historical Society properties: Buckman Tavern is being renovated and will open in the spring will include space for group tours that includes an audio visual component to allows groups to do a briefer tour at their own schedule when needed, but also includes an expanded exhibition space on the second floor available for the display of Lexington history. The Historical Society is committed to opening the Buckman Tavern from March 1 to December 1 each year. They are planning to install audio visual equipment at the Depot and hope to show the First Shot movie to groups that would include a catered lunch from a Lexington restaurant and discussion. They are concerned Selectmen’s Meeting - November 18, 2013 that additional space within the Visitor Center will take away from their two additional spaces. Currently the houses run at a $100,000 deficit each year, so they need as much visitation as possible for it to work. He believes that visitors have a limited amount of time and money to spend in the Town and is concerned about renovation/expansion of the Visitor Center creating an additional attraction that takes up the limited time of tourists. He would like the programmatic report to reflect that philosophy and that the design of the center reflect that goal. Ms. McKenna pointed out that the Liberty Ride advertises the historical houses along with other businesses in town. Mr. McWeeney, Chair of the Economic Development Advisory Committee, believes there is no competition, but that the Chamber of Commerce, Liberty Ride and Historical Society should lead one to the next. Currently there is no connection between attractions. He would like to see a vision of what is wanted at the Visitor Center to have something concrete to vote on. He would like to see the Chamber of Commerce, Historical Society and Tourism work together to come up with a vision that will allow each to gain from the others work. Mr. Wells, a member of the Historical Society Board, emphasize that the real issue is the historical houses that visitors come to Lexington to see and they are run at yearly loss. The Historical Society perceives the program portion of the Visitor Center as a competitor. The Historical Society has made a major effort with the three historical houses and they need people to go to them and if visitors go to all three by definition they stay in Lexington and see what other options are in town. Anything that takes away from that is not in the best interest of the tourists. Ms. Brandin believes the mission of the Historical Society, Tourism Committee and Visitor Center are not the same. The mission of tourism and the vision of the Visitor Center is broader than just getting people to go into historic homes, that is only one part. Ms. Mauger, understands that there are shared but not completely overlapping points of view but the Board would like to see everyone satisfied with the Visitor Center project and would like all parties to come to a consensus. Mr. Ross, Former President of the Historical Society, supports sprucing up the Visitor Center but does not think it should be expanded when there are existing venues/spaces that could be used. Ms. Traber, Liberty Ride Coordinator, spends a lot of time at the Visitor Center selling tickets for the Liberty Ride. Both she and the Chamber staff recommend visitors/tourists visit the houses. The Battle Green Guides also promote the houses. She sees visitors come to the Visitor Center in the morning and again in the afternoon and believes they are staying in Lexington longer. The Tourism Committee is trying to enhance the visitor experience with the proposed project. Selectmen’s Meeting - November 18, 2013 Ms. Bennett, Executive Director of the Historical Society, would advocate for the Visitor Center to orient and encourage visitors to get out and about as quickly as possible rather than providing programming that could be and is provided by existing institutions in the community. Mr. Burnell, Eaton Road, stated that this issue has been churning for several years. More time is needed to build a consensus on how to move forward. He does not think the report is ready for approval because the programs for the Visitor Center need to be refined. He suggested that the Selectmen accept the report and find a way to further refine the various aspects of how the Visitor Center could go forward with a program that everyone can agree on. Ms. Wren, 2 Countryside Village, works at the Visitor Center has spent time as visitors enter letting them know about the historic houses, places to eat, and other Town resources. For years she has continued to promote the attendance at the historic houses as part of her orientation but has had no point of sale or revenues by which to calculate and measure the Visitor Center’s input into promoting the houses. This year they made a significant point to keep track of promoting the historical houses. She hopes the project is approved so programs can be developed and improved. The visitor center needs updating and new tools. Mr. Michelson, 3 Clyde Place, thinks it is important to move forward to the next step. The Visitor Center needs to be modernized and interpretive for the future. He also thinks more staff is needed in the Economic Development office to handle Tourism. Mr. Cohen would like to report to the Community Preservation Committee what the position of the Selectmen is so they can vote on the project. He thinks the consensus is that something needs to be done. Mr. Kelley is ready to adopt the suggested program and reminds everyone that the program will always be changing. We should get going on because it is long overdue. Responsibility to visitors we host to have broader values and attractions. Mr. Kelley is ready to accept and endorse the report and asks that during the process the Tourism Committee reconnect with Selectmen on schematic detail. He also encourages the Community Preservation Committee to approve funding the project. Mr. Manz supports the project only if there is staff examination for a complete picture. Mr. Pato supports accepting and endorsing the report as well as supporting the capital project moving forward. Mr. Cohen is ready to accept the report and move the project forward. The Tourism Committee will need to come to the Selectmen more often to keep them up to date on changes to the project. Selectmen’s Meeting - November 18, 2013 Ms. Mauger feels this is an important issue for the community and is distressed that some groups have not been able to come to a consensus but she is optimistic it can be done. She would like the Tourism Committee and Historical Society to work together to come up with a resolution and come back to the Selectmen in a month. Otherwise the Selectmen will have to resolve the issues. Upon motion duly made and seconded, it was voted 5-0 to accept the Lexington Visitors Center Revised Programmatic Report dated June 4, 2013. Upon motion duly made and seconded, it was voted 2-3 (Mr. Kelley and Mr. Pato support) to endorse the Lexington Visitors Center Revised Programmatic Report dated June 4, 2013. Upon motion duly made and seconded, it was voted 5-0 to support a capital project request for $220,500 to be submitted to the Community Preservation Committee based on the currently accepted revised Lexington Visitors Center Revised Programmatic Report dated June 4, 2013. Upon motion duly made and seconded, it was voted 5-0 that if the Community Preservation Committee supports this request that the Tourism Committee must return to the Selectmen once the schematic designs are completed. Approve LexFarm Lease Mr. Bliss, Chair of the Community Farming Committee (CFC), stated that CFC voted to recommend to the Town Manager and Selectmen the approval of the proposed lease to LexFarm for the Town-owned Busa property. The lease was negotiated by the Town Manager and Mr. Addelson, with assistance from Town Counsel and oversight by the CFC. A public hearing was also held. The Committee recommends two changes in the lease from what was outlined in the Request for Proposal: 1.Security Deposit: The RFP called for a $50,000 security deposit for the purpose of demolishing the existing farm structures at the conclusion of the lease (if the Tenant did not do so) and for any environmental clean-up costs at the site. The Committee found that since the farm structures belong to the Town, it would not be appropriate for LexFarm to be responsible for their removal. 2.Insurance: LexFarm is able to purchase insurance and indemnify the Town against contamination claims from third parties (e.g. contamination of abutting properties). Insurance is not readily available, however, to cover clean-up costs or to indemnify the Town for potential contamination on the site. The Committee believes this is a low risk, given this will be an organic farm and, per the lease, only organicpesticides and herbicides will be allowed. Upon motion duly made and seconded, it was voted 5-0, as required by Chapter 32-4 of the Lexington Code, to authorize the Town Manager to enter into a lease agreement with the Lexington Community Farm Coalition, Inc. for a 10 year period, with two five year extension options, for the property known as the Busa Farm on Lowell Street. Selectmen’s Meeting - November 18, 2013 Sign December 10 Special Election Warrant Upon motion duly made and seconded, it was voted 5-0 to sign the December 10, 2013 Special State Election Warrant. Selectmen Committee Appointments – Town Celebrations Subcommittee Upon motion duly made and seconded, it was voted 5-0 to appoint Kimberly Coburn and Lorain Marquis to the Town Celebrations Subcommittee for terms to expire June 30, 2014. Appointment of Special Counsel – Estabrook PCB Litigation Mr. Valente requested that the Selectmen approve his appointment of the Eisner Kahan firm as special counsel for the Estabrook School PCB litigation to replace the Sher Leff attorney who left the firm. All fees to Eisner Kahan will be paid by Sher Leff since they took the case on a contingency basis. Their compensation will come from any settlement. Upon motion duly made and seconded, it was voted 5-0 to ratify the Town Manager’s appointment of Eisner Kahan as special counsel in the matter of the Estabrook School PCB litigation. Approve 128 Business Council Marketing Expense Mr. Valente explained that $4,000 was appropriated as part of the grant match for the Hartwell Avenue-Alewife Shuttle Bus and the Town match for the grant was $3,394, which did not include $391 for shuttle marketing. The staff is requesting permission to pay the expense out of the $4,000 appropriated for the shuttle. Upon motion duly made and seconded, it was voted 5-0 to authorize the payment of $391 to 128 Business Council for the Hartwell Avenue-Alewife Shuttle bus service. Consent Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments: Commitment of Water/Sewer charges Cycle 9 Oct 2013 $272,994.57 Commitment of Water/Sewer charges Finals Oct 2013 $ 11,491.27 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of October 7, 2013, October 21, 2013, October 28, 2013 and November 4, 2013. Selectmen’s Meeting - November 18, 2013 Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of October 7, 2013, October 21, 2013, October 28, 2013 and November 4, 2013. Documents Presented 1.Shade Street Safety Survey 2.Presentation by Tourism Committee on the Visitor Center Project, dated November 18 2013. 3.Letter addressed to the Selectmen from the Chairs of the Chamber of Commerce and the Tourism Committee dated October 18, 2013. 4.Email from Joel Berman Addressing the Visitor Center to the Board of Selectmen dated November 18, 2013. 5.Lexington Visitors Center Revised Programmatic Report, Voted by Tourism Committee on June 4, 2013. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to discuss strategy with respect to collective bargaining related to the Fire Union and the Library Union and to reconvene in Open Session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk