Loading...
HomeMy WebLinkAbout2014-04-BOS-min Selectmen’s Meeting April 2, 2014 A regular meeting of the Board of Selectmen was held on Wednesday, April 2, 2014, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports nd Ms. Mauger provided information about the 2 Annual Lexington Public Schools Ride for Neighbor Brigade, an 8-mile fundraising ride through Lexington that will take place on Saturday, May 17, 2014, beginning at 10:00 a.m. Town Manager Report Mr. Valente reported that this Saturday is the kickoff of the tourism season. The Liberty Ride begins and the Historical Society’s three historic houses will be open, including the newly renovated Buckman Tavern. The Historical Society thanks the Town of its support of that project. Grant of Location – National Grid – Valleyfield Street Ms. Mauger opened the hearing at 6:04 p.m. National Grid is requesting approval to install and maintain approximately 250 feet of 4” gas main in Valleyfield Street from the existing 4 inch at House #69 for new gas service at house #’s 73, 74 and 77. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 250 feet of 4” gas main in Valleyfield Street. The hearing was closed at 6:05 p.m. Article Positions The Selectmen have completed taking positions on Annual Town Meeting articles and did not have any articles they wished to discuss further at this time. Consideration of Room Name Changes – Cary Memorial Building Mr. Valente explained that the staff is recommending renaming certain rooms in the Cary Memorial Building. The name change recommendations include: Selectmen’s Meeting – April 2, 2014  Bird Room becomes the Hudson Room - Charles Hudson was author of “The History of Lexington”; he also served the Town as a School Committee member in 1853 and 1856, Selectmen from 1857-1861, and Representative to the General Court in 1857;  Civil Room becomes the Harris Room – Mary Harris, second wife of Jonathan Cary, a successful maker of ship masts. It was said that much of the future success of their six children was due to the careful training and good advice received from their mother. One of the sons was Isaac Harris Cary, whose daughters, Eliza and Susanna, donated funds to construct the Cary Memorial Building to memorialize their father; and  Legion Room becomes the Cotton Room – Judge Cotton was Chairman of the ‘original’ Committee to confer with the Trustees of the Isaac Harris Cary Educational Fund prior to building construction; he also served as a Selectman, Judge and Representative to General Court. Ms. Ciccolo requested that the name changes be discussed with the Cary Memorial Building Renovation Design Committee. Mr. Pato requested the Selectmen look into the possibility of naming opportunities for fundraising for the Cary Memorial Building and Community Center. A majority of the Selectmen felt the recommended names were appropriate for the Cary Memorial Building and that naming opportunities in the Community Center should be looked at. Ms. Ciccolo stated that the Community Center Advisory Committee is already working on opportunities for fundraising with naming possibilities. Upon motion duly made and seconded, it was voted 5-0 to approve the renaming of the Bird Room to the Hudson Room, the Civil Room to the Harris Room, and the Legion Room to the Cotton Room. Discuss Sending Letter to Attorney General Regarding TMMA Listserve Participation Mr. Pato provided information on the number of Town Meeting Members who are also members of committees and boards. Since questions about compliance with the Open Meeting Law have been raised, he requested Town Counsel to draft a letter to send to the Attorney General asking for clarification on whether the Selectmen can participate in the listserve sponsored by Lexington Town Meeting Members Association. The letter also requests advice on:  whether exemption (e) of Town Meeting sessions from the definition of “Meeting” apply to such a listserve;  if not, may individual Selectmen post messages to the website expressing their individual views on articles coming before Town Meeting;  whether it would make any difference in the analysis if the individual Selectmen made clear that they spoke as an at-large Town Meeting member, not as a Selectmen; Selectmen’s Meeting – April 2, 2014  if the Selectmen already had deliberated in a duly posted open meeting and reached decisions on majority and minority positions on warrant articles, would the Open Meeting Law permit posting to the listserve reports by individual Selectmen of such decisions and explanations of the positions taken; and  would the Open Meeting Law prevent listserve communication by Town Meeting Members who serve on Town committees concerning Town Meeting issues which fall within their respective board jurisdictions and would it make a difference if less than a quorum of any particular board are members of the listserve. All the Selectmen support sending the letter. Town Manager Appointments Mr. Valente requested that the Board approve the following reappointments to the Conservation Commission, Board of Health and Historical Commission. Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Richard Wolk to the Conservation Commission, Wendy Heiger-Bernays to the Board of Health and David Kelland to the Historical Commission. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session to discuss a collective bargaining agreement with the Crossing Guards Union and to consider the purchase, exchange, lease or value of real property and to reconvene in Open Session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the bargaining and negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 7:17 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 7, 2014 A regular meeting of the Board of Selectmen was held on Monday, April 7, 2014, at 6:30 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Article Positions Article 8g – Appropriate the FY2015 Community Preservation Committee Operating Budget and CPA Projects – LexHAB Set-Aside Funds for Development of Community Housing at the Busa Property Ms. Mauger provided some information to the Board on accident data in the area around the Busa property from Police Chief Corr. The Traffic Safety Advisory Committee has been asked to review speed in the area because of the new subdivision on Lowell Street, the Community Farm traffic and the LexHAB units. Sign Support Letter for Complete Streets Program Ms. Ciccolo explained that the Active Streets/Complete Streets legislation survived the House and Senate versions of the Bond Bill and is expected to survive conference committee. Advocates now want to encourage Secretary Davey to start the program and actually release the funds. Upon motion duly made and seconded, it was voted 5-0 to send a letter to Secretary Richard Davey of the Massachusetts Department of Transportation regarding implementation of the Active Streets Certification Program. Approve Settlement Agreement with Marine Shale Processors Mr. Valente requested that the Selectmen authorize him to enter into the Settlement Agreement with Marine Shale Processors Site Potential Responsible Parties Group in the amount of $4,000. The DPW uses a vendor to dispose of waste oil from its vehicles. Sometime between the years 1984 and 1996 this waste oil was hauled to Louisiana to Marine Shale Processors. Marine Shale Processors closed in 1996 leaving behind some quantity of waste oil. The US Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) are now overseeing the cleanup of the site. Because Lexington waste oil was disposed of at the site, even though in a de minimus amount, the Town is responsible for a portion of the clean up costs. The LDEQ has negotiated a flat $4000 settlement amount with all de minimus generators of waste oil. Town Counsel has reviewed the Agreement and recommends approval of this settlement. Selectmen’s Meeting – April 7, 2014 Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to enter into the Settlement Agreement with the Marine Shale Processors Site Potential Responsible Parties Group in the amount of $4,000. Appointment – 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Saatvik Ahluwalia to the 2020 Vision Committee for a term to expire September 30, 2016. Consent Approve Water/Sewer Deferral – 37 Eldred Street Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Application for Deferral of Water and Sewer for Beverly Ernst, 37 Eldred Street. Sign 2014 Minuteman Cane Award Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign the 2014 Minuteman Cane Award Proclamation for Shirley Tufts Lane. Monuments and Memorials Committee – Special Municipal Employees Upon motion duly made and seconded, it was voted 5-0 to designate members of the Monuments and Memorials Committee as Special Municipal Employees. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss litigation regarding Sellars vs. the Town of Lexington; 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 6:56 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 9, 2014 A regular meeting of the Board of Selectmen was held on Wednesday, April 9, 2014, at 6:30 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Ms. Bliman-Cohen, 17 Dane Road, expressed her concerns about a water gun game played by the High School seniors called “Assassin”. She would like to raise awareness about the game and let the public know that in past years she believes that kids have engaged in dangerous behavior, such as jumping out in front of cars, to try to avoid being “killed” by a water gun. She has spoken with the Police and with the High School principal and learned that there are no grounds to ban this game. She hopes that parents will talk with their kids and ask them to act as responsibly as possible. Ms. Mauger has reached out to Dr. Ash, Superintendent, and Mrs. Coppe, Chair of the School Committee, to see what could be done. Pledge of Liquor License – il Casale Ms. Scanlon, attorney, and Mr. de Magistris, one of the owners of il Casale, presented the request for approval of a pledge of license for Sfizi LLC doing business as il Casale, located at 1727 Mass. Avenue. Ms. Mauger explained that there was no issue with the pledge of license. However, it has come to the attention of staff that the d/b/a on the liquor license, il Casale, is different from what was proposed on the signs for the restaurant, il Casale Cucina Campana & Bar. Mr. Kelley is concerned about having the word “bar” on the sign. Ms. Scanlon explained that the purpose of the descriptive terms Cucina Campana & Bar were to extend the brand from the Belmont restaurant which is Cucina Italiana & Bar and to let people know what to expect at the restaurant. She commented that the current sign for Nourish Restaurant includes the words Grill and Bar. Mr. Cohen’s issue with the word “bar” is that it might not be clear that alcoholic beverages are only served with food. Ms. Ciccolo is not overly concerned with the word “bar” appearing on the sign. Ms. Mauger asked the Town Manager to look in to the current sign for Nourish. She advised Ms. Scanlon to submit paperwork for a change in d/b/a if the restaurant wants to pursue the wording on the signs they are proposing and she suggested that Ms. Scanlon pursue a conversation with Ms. Tintocalis, Economic Development Officer, about the branding issue. Upon motion duly made and seconded, it was voted 4-0 to approve the application for a pledge of license of the all alcohol restaurant liquor license for Sfizi LLC, d/b/a il Casale, located at 1727 Massachusetts Avenue. Selectmen’s Meeting – April 9, 2014 Article Positions Mr. Valente explained that Article 21 - Amend FY2014 Operating and Enterprise Budgets - is a standing article that the Town has for amending the current year budget and we have no need to propose any amendments to Town Meeting so this can be indefinitely postponed. It was brought to Mr. Valente’s attention today that the Superintendent would be proposing to the School Committee an appropriation of approximately $250,000 for a master plan to look at the capacity of Lexington’s schools for enrollment. If there is a special Town Meeting in June it would be an article that would be considered in June. Mr. Addelson and Mr. Valente talked about a funding source and that is where Article 17- Establish and Appropriate To and From Specified Stabilization Funds - comes in to play. Mr. Valente does not know the exact dollar amount yet or the position of the School Committee. Ms. Mauger suggested inviting both finance committees and the School Committee to the next Selectmen’s Meeting on Wednesday, April 16, 2014 to discuss this. Approve Dates for Center Parklet Ms. Tintocalis, Economic Development Officer, presented the request for approval to reinstall the Center Parklet in the same scope and size as last year. Upon motion duly made and seconded, it was voted 4-0 to approve having the parklet open from May 1, 2014 to November 1, 2014. Consent - Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 4-0 to approve the following adjustments and commitments of Water and Sewer Charges: Adjustments to Water and Sewer Charges as recommended by WSAB ($70,856.00) Commitments of Water and Sewer Charges January 2014 Cycle 9 $168,071.18 Commitments of Water and Sewer Charges Finals January 2014 $1,512.54 Commitments of Water and Sewer Charges March 2014 Cycle 9 $173,757.32 Commitments of Water and Sewer Charges March 2014 Finals $ 3, 314.09 Executive Session There was no need for an Executive Session. The discussion was finished at the previous Selectmen’s meeting on April 7, 2014. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 7:02 p.m. A true record; Attest: Diana B. Chabot, Assistant to the Executive Clerk Selectmen’s Meeting April 16, 2014 A regular meeting of the Board of Selectmen was held on Wednesday, April 16, 2014, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Pato, Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Ms. Mauger announced that the Board would not take up Item 2 – Discuss Brick for Walkway in Front of Cary Memorial Building. The Selectmen will put this item on a future meeting agenda when there will be more time for the public and the Board to discuss it. Selectmen Concerns and Liaison Reports Mr. Pato gave the Solar Task Force’s update on trying to achieve the goal of installing solar on as many school rooftops as possible this summer. The task force will also reach out to the Historic District Commission regarding the potential for rooftop solar on Town Buildings within the Historic District. The Town is expecting to receive responses to the Hartwell Avenue Solar RFQ next Wednesday. Ms. Mauger reported on the concern about wording on the signage for il Casale. Staff looked in to what the rules and regulations are concerning wording of signage and the answer is not clear. Mr. Pato, Ms. Ciccolo, and Mr. Cohen said yes to proceed with the signage as proposed. Mr. Kelley does not support proceeding with signs that include the word “bar”. Mr. Kelley asked whether there is anything in the Town’s liquor regulations about bars. Ms. Mauger will put this issue on the next agenda for discussion. Town Manager Report Mr. Valente reported that the Town received notice last week from the State that they are going to make an additional Chapter 90 distribution to cities and towns this year, approximately $30 million statewide and about $145,000 for Lexington. The state is characterizing this as pot hole money and it has to be expended by September 30, 2014. Franklin School Refinancing Mr. Henry, Senior Planner, presented the request for the Board’s approval of the final refinancing agreement for the Franklin School Apartments. For the better part of the last 12 months, The Community Builders (TCB) have been negotiating a complex refinancing of the property in order to a) secure lower mortgage rates, and b) add approximately $750,000 in the property’s replacement reserves. Because TCB still has a mortgage from the Town for the site, the Board’s approval is necessary in order to complete the refinancing. While the refinancing deal was approved by the Board in July of 2013, specific details have changed somewhat, and so staff would like the Selectmen to consider and approve the final refinancing agreement. Selectmen’s Meeting – April 16, 2014 The three items Mr. Henry wished to highlight were first, that Mass Housing is requiring that the affordable units be placed under a perpetual deed restriction. Second, should the Town not exercise the option of buying the property back for $39,000 at the time of a mortgage default, the Town would have the option of purchasing the property upon maturation of the mortgage, which HUD is requiring extending from 35 to 50 years. And third, the lenders wish to amend the Land Disposition Agreement to remove all completed or satisfied conditions it contained. Mr. Kelley is concerned about extending the expiration of the mortgage to 50 years. Ms. Ciccolo would like to see more of the refinancing documents. Upon motion duly made and seconded, it was voted 2-3 (Kelley and Ciccolo in favor) to postpone the decision to support the agreement on the refinancing. Upon motion duly made and seconded, it was voted 3-1-1 (Kelley opposed, Ciccolo abstained) to: 1)Enter into the following documents (the “Loan Documents”) in connection with the restructuring of its mortgage loan (the “Loan Restructuring”) to Franklin School Housing Limited Partnership (the “Borrower”) concerning the property located at 7 Stedman Road, Lexington, Massachusetts (the “Property”): a)Modifications or amendments to: i)The Land Disposition Agreement, dated December 24, 1985, as amended, between the Town and the Borrower; ii)The Property Option Agreement, dated December 1, 2008, between the Town, the Borrower, and the Massachusetts Housing Finance Agency (“MHFA”); iii)The Mortgage Note, dated December 24, 1985, as amended, from the Borrower to the Town; and iv)The Mortgage, dated December 24, 1985, as amended, from the Borrower to the Town; and b)All other documents, including without limitation, a perpetual affordable housing restriction on the Property, and a subordination agreement with MHFA and other lenders that may provide mortgage loan financing on the Property, that the Town Manager, in consultation with Town Counsel, may deem necessary or advisable in order to accomplish the Loan Restructuring, and 2)Authorize the Town Manager to execute and deliver the Loan Documents, with such modifications, deletions, substitutions, or changes as the Town Manager (in consultation with Town Counsel) deems necessary or advisable in the Town Manager’s discretion; and Selectmen’s Meeting – April 16, 2014 3)Authorize the Town Manager to take all actions and execute and deliver any and all documents related to the Loan Restructuring that the Town Manager deems necessary or advisable, with the material effect of the Loan Restructuring and the Loan Documents being that the Town’s option to purchase the Property will be extended to 2049 (or later if the Town declines to exercise its option at the time of any foreclosure by a senior lender on the Property) and if the Town purchases the Property under its option, the Property will be subject to a perpetual affordable housing restriction. Further, the Board voted that to the extent the terms and provisions of the Loan Documents conflict with the Board’s vote concerning the Loan Restructuring, dated July 30, 2012, this vote supersedes any inconsistent provisions of that vote. Article Positions Mr. Michelson, Precinct 8 Town Meeting member, and Mr. Kanter, Precinct 7 Town Meeting member, presented information in support of the reconsideration of Article 10(l) Appropriate for Municipal Capital Projects and Equipment – Traffic Island Renovation. All of the Selectmen would not support reconsideration. In the event that Article 10 (l) fails on a revote, all of the Selectmen would not support the reconsideration of Article 17 – Establish and Appropriate To and From Specified Stabilization Funds. Appointments 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Matthew Pronchick to the 2020 Vision Committee for a term to expire September 30, 2016. Lexington Center Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Ellen Basch to the Lexington Center Committee for a term to expire September 30, 2014. Approve and Sign Eagle Letter Congratulating Andrew Lepore Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation to Andrew P. Lepore congratulating him on attaining the highest rank of Eagle in Boy Scouting. Selectmen’s Meeting – April 16, 2014 Future Meetings The Selectmen scheduled the following meetings: April 28, 2014 May 19, 2014 June 2, 16 and 30, 2014 August 25, 2014 September 8, 2014. In addition, the Selectmen scheduled a Goal Setting meeting on June 19, 2014. Consent Approve Use of the Battle Green – Army Retirement Ceremony Upon motion duly made and seconded it was voted 5-0 to approve the use of the Battle Green for a retirement ceremony for Army Colonel Slade on Friday August 8, 2014 at 2:00 p.m. Sign Proclamation – Restored Buckman Tavern Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation for the Buckman Tavern Renewal Day on Sunday, May 4, 2014. Sign Youth Award Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign the 2014 Outstanding Youth of Lexington Award for Jonah Watt. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call at 6:45 p.m. to go into executive session to discuss Patriots’ Day security arrangements, and to consider the purchase, exchange, lease or value of real property 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 and litigating position of the Town. Upon motion duly made and seconded, it was voted 5-0 by roll call to go in to recess at 7:22 pm and reconvene in Executive Session following Town Meeting. Upon motion duly made and seconded, it was voted 5-0 by to adjourn at 10:56 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting April 28, 2014 A regular meeting of the Board of Selectmen was held on Monday, April 28, 2014, at 7:30 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Reorganization of the Board The first order of business was the election of a Chairman. Mr. Kelley nominated Ms. Mauger and there were no further nominations. Upon motion duly made and seconded, it was voted 4-0-1 (Mauger abstained) to appoint Ms. Mauger as Chairman of the Board of Selectmen effective immediately. Selectmen Concerns and Liaison Reports Mr. Pato announced that a Public Hearing on the contract renewal for LexMedia’s is being held Tuesday, April 29, at 6:30 p.m. in Estabrook Hall, downstairs in the Cary Memorial Building. The public was invited to attend and provide comments on LexMedia’s performance. Ms. Mauger congratulated and thanked everyone who worked so hard to make this year’s Patriots Day events so successful. Ms. Mauger thanked the Field and Garden Club, the Tree Committee and Public Works staff for the Arbor Day celebration. A sugar maple was planted in front Buckman Tavern. Ms. Mauger explained that Dr. Ash sent the Selectmen a charge for the Ad Hoc School Facilities Master Planning Committee. Ms. Mauger asked the Board to review the charge and submit a nomination from the Selectmen to participate on this committee. An appointment will be made at the next Selectmen meeting on May 19. Brick for Walkway – Cary Memorial Building Renovation Project Mr. Goddard, Public Facilities Director, presented options for brick work outside of the Cary Memorial Building. Options included resetting the existing brick or using wire cut bricks. Mr. Livsey explained that the bricks on the south sidewalk of Massachusetts Avenue in the center are wire cut bricks. He also told the Board that wire cut bricks come in many different styles, including with bevels and without bevels. Bricks without bevels fit more snuggly together. Mr. Kelley wants square edge, hard clay bricks used. He does not think the south sidewalk bricks in the center have been successful because of deterioration and broken bricks. Selectmen’s Meeting – April 28, 2014 The Selectmen all agreed that the entire sidewalk outside the Cary Memorial Building and the paths to the back parking areas and to the Town Office Building and Police Building should be redone. Mr. Valente explained that the Historic Districts Commission would prefer the existing brick be used, but they do not have jurisdiction because of accessibility issues. Ms. Buckley, Chair of the Commission on Disability, requested that concrete sidewalks with a brick edge be considered because they are considered the most accessible. Asked if concrete sidewalks had been considered, Mr. Goddard stated that it had not since the Historic Districts Commission felt that at this location because of the historic nature and character of the Cary Memorial Building complex the existing brick should be used and reset. Mr. Goddard explained that the current budget includes $33,200 for resetting the existing brick in the entire circle and about 10 feet on each side to the Town Office Building and the Police Building. It would cost an additional $9,000 to include resetting the bricks in the entire complex. If the Board requests using the wire cut bricks the cost would be approximately $52,600 for the entire complex. The Selectmen all agreed that the scope should include the walkways to the Town Office Building, Police Station and to the bluestone steps on both sides of the Cary Memorial Building to the back parking lot. Several of the Selectmen requested additional information on the cost of a concrete sidewalk with a brick edge. Mr. Kelley agrees with getting a cost estimate for concrete sidewalks, but believes there are challenges with it. He wants to see a flat, hard, square brick used, which he also feels is appropriate for the historic significance of the area. He also requested seeing a sample of the brick that is suggested. Ms. Ciccolo requested information on the maintenance costs for concrete versus brick sidewalks to be included with the cost estimates. Asked about concrete, Mr. Livsey explained that it is not salt tolerant, but if installed properly it can last a long time. Ms. Mauger asked that Mr. Goddard return with a cost estimates for using concrete with a brick edge or wire cut bricks. The scope will include the entire complex. Mr. Michelson, 54 Asbury Street, suggested checking with the Streetscape Group on materials to be used for the Cary Memorial Building project. Selectmen’s Meeting – April 28, 2014 Ms. Mauger asked the Town Manager to discuss with the Streetscape Group the options that the Board talked about for the Cary Memorial Building sidewalks. The Selectmen will discuss the sidewalk materials again at a future meeting. th Discuss the Lions Club Request for the 4 of July Carnival Ms. Rizzo-Riley and Mr. Lucente, representing the Lions Club, asked for permission to hold the thth 58 annual 4 of July Carnival at Hastings Park from July 1 through July 5, 2014. Mr. Lucente presented slides of the history and purpose of the carnival, the location history, the location review criteria, why the carnival needs to be held on grass, where the proceeds go, what caused the grass damage in 2012 and 2013, who attends the carnival, why the Lions Club is requesting Hastings Park, what is different for the 2014 carnival at Hastings Park and a schedule of events. Ms. Mauger stated the Selectmen heard from many residents predominantly asking that Hastings Park not be used because it diminishes the enjoyment of the park for the rest of the summer. The Board also heard from residents that do want the carnival held, but not at Hastings Park. Mr. Pinsonneault, Public Works Operation Manager, and Mr. Filadoro, Superintendent of Grounds, informed the Selectmen that a new irrigation system was scheduled to be installed before the Carnival. The work would include a drainage system. Public Works felt the new system would help in the recovery of Hastings Park after the Carnival. With the irrigation system installed sod could be used to repair the grass. The Selectmen were concerned about damage to the newly installed irrigation and drainage system by the Carnival. Public Works assured the Selectmen that the Carnival would not damage the new irrigation system because of how and where it is being located. Only possible damage would be to the rotary heads which can be quickly replaced. If requested they will look at the timing of installing the irrigation system prior to the carnival. Asked about the bandstand work that is planned for the fall and if the new irrigation system and grass would be impacted, Public Works said there was no impact. Mr. Cohen suggested that the irrigation system should not be installed until after the carnival and also after the bandstand work is complete. He is impressed with the many ways the Lions Club helps the community, but this may be the last year the carnival can be held at Hastings Park. Mr. Kelley wants the carnival to stay on Hastings Park. He hopes that one day soon the telephone poles can be removed also. The work to the bandstand will benefit the park. He is optimistic with the new irrigation and drainage system the Lions Club and the Town will be able to bring the grass back quickly this year. Mr. Leonard, 912 Mass. Avenue, Director of the Bicentennial Band, felt the issues with the park last year did not affect attendance at the summer concerts. He has no concerns and supports the carnival being located at Hastings Park. Selectmen’s Meeting – April 28, 2014 Ms. Mauger asked about other options for the carnival. Ms. Lucente stated the High School parking lot is not possible because of the modular classrooms being installed this summer and also because of the lower attendance because of the hot asphalt; the size of the carnival also has to be smaller. The Minuteman Regional High School has not been looked at but there is concern about having fireworks near the highway. Hartwell Avenue has not been explored but would be difficult because most buildings are used during the day. Hayden Field has summer programs and is very swampy. The Farmers Market land is too small. The carnival needs to be centrally located and visible; it would get lost in the outskirts of town. Ms. Mauger has concerns about continuing the carnival at Hastings Park because of the more severe weather events happening and the Lions Club being able to deal with the recovery and costs. Mr. Shaw, President of the Rotary Club, sent an email to the Selectmen. He reminded the Board of the Lions good work and how much they have done for the community. He hopes the Selectmen will approve the request to use Hastings Park for the carnival. Ms. McKenna, Chair of the Tourism Committee, attended an Annual Tourism Team Training session and she reported that in 2010 the state indicated that $50 million was spent in Lexington; in 2012 it was $79 million. Events like the carnival bring people to Lexington to spent money. She asked the Board to think about the affect of Town facilities becoming unavailable for events and would like to have a discussion about how to plan for future events because of the projects that are currently impacting planning an event in Lexington. Mr. Deutsch, 6 Audubon Road, wants the carnival in Town but not on Hastings Park. He is concerned that if the carnival is held at Hastings Park in perpetuity, the park will no longer be an asset. He hopes the Selectmen will work with the Lions Club to find a permanent solution for location the carnival that is not Hastings Park. Ms. Meade 86 Meriam Street, agrees that the carnival should not be held in Hastings Park. The Lions Club should discuss next year’s carnival with the Selectmen this fall rather than waiting until April. It was suggested that the carnival be held on Worthen Road. Mr. Lucente has discussed that option and is not opposed to it, but it needs to be discussed further with Town departments. Ms. Lubershane, 2151 Mass. Avenue, does not want the carnival in Hastings Park and does not think it will matter if it is held on grass or asphalt. Mr. Lubershane, 2151 Mass. Avenue, thinks the Selectmen were not given enough time to review options for locating the carnival. Selectmen’s Meeting – April 28, 2014 Ms. Sandy, 353 North Emerson Road, stated that Sam Doran sent an email to the TMMA list making the case for the carnival not to be held in Hastings Park because the park was given to the Town by the Cary Family for park purposes and that the carnival violates the intent of what the Cary Family wanted the land used for. Ms. Mauger stated that the Lions Club has worked with town and Town staff in good faith. She asked the Board how they wanted to proceed. Ms. Ciccolo feels alternative locations should be explored and the Lions Club should return to the Board in the fall with a new location request. She has heard citizens concerns for the park but is swayed by the central location and close proximity to the center for economic reasons. She is not convinced Worthen Road is the appropriate place for the carnival but it needs to be looked at. She is comfortable with the carnival being held at Hastings Park this year because of the installation of drainage and irrigation. She suggests that the irrigation be installed prior to the carnival and encourages that sod be used for repairs. She does not want to close down the carnival because it is a favorite activity of the community. Mr. Cohen agrees with Ms. Ciccolo but is bothered by doing the irrigation work prior to the carnival because of the damage from the carnival and the upcoming work on the gazebo. He wants to make sure the Lions Club comes before the Selectmen in the fall with a new location. Mr. Kelley said no one was happy with the damage to the park last year, but he is optimistic the installation of the drainage and irrigation systems will help. He wants the carnival accommodated and locations should be discussed much earlier next year. Mr. Pato believes if the Lions Club holds a debriefing in early fall to review the consequences of the carnival and how Hastings Park recovered and the steps that will be taken if the carnival were held there again he is more tolerant about holding the carnival there this year because of the irrigation and draining work to be done. Ms. Mauger reluctantly will agree to approve Hastings Park for the carnival this year. Worthen Road and the High School Parking Lot should be explored for next year’s carnival. She asked the Lions Club and staff to come earlier next year. Upon motion duly made and seconded, it was voted to approve the request of the Lions Club to th hold the July 4 Carnival from Sunday, June 29, through Sunday, July 6, 2014 with the times as requested in the Lions Club letter dated April 19, 2014. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lions Club to have lighting turned on until 11:30 p.m. from July 1 through July 7. Selectmen’s Meeting – April 28, 2014 Upon motion duly made and seconded, it was voted 5-0 to approve a fireworks display on Wednesday, July 2, 2014, at approximately 9:30 p.m., subject to approval of the fireworks vendor and safety precautions by the Fire Department. Board of Appeals Special Permit on il Casale Signage Ms. Mauger explained that a question was raised about whether were any Town regulations that regulated using “bar” on signage. Per Town Counsel there are no regulations that prohibit the use of “bar” on signage. A majority of the Selectmen do not have any concerns with establishments using the word “bar” in their signage. The Selectmen also have no authority to disapprove. The Selectmen are the Local Licensing Authority that approves liquor licenses and requires that food needs to be served with liquor. Mr. Kelley does not support using the word “bar” on signage because Lexington does not have bars in town. Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to direct the Town Manager to direct the Building Commissioner to approve the signage as proposed by il Casale. Solar RFQ Update Mr. Voss, member of the Sustainable Lexington Committee Solar Task Force, and Mr. Newell, Assistant Director of Facilities, presented a slide show on the solar progress since the February 24 Selectmen meeting, providing information on the proposed solar provider Ameresco, buildings being evaluated for solar, proposed schedule, next steps for solar at the Hartwell Avenue compost facility and conclusions. The Solar Task Force’s dual solar RFQ process is moving forward strongly. The critical path rests with the buildings and schools. The Task Force requests permission to present the proposed scope and pricing for buildings to the Selectmen at their May 19 meeting to provide information on the scope and pricing for adding solar to school and municipal buildings and that at that time confirm with the Town Manager his authority to execute the Buildings EMS if favorable to the Town. Eight RFQ’s for the Hartwell Avenue recycling facility are in hand and the Working Group is entering the review phase. Mr. Pato is pleased with the progress but suggested because of the tight timeline that the Hartwell Avenue process be slowed down. Mr. Voss will review the timeline schedule and see if adjustments need to be made. Selectmen’s Meeting – April 28, 2014 Asked how to ensure the price is competitive and properly evaluated, a Cadmus representative responded they will work with Lexington on both RFQs as two separate contracts. Ameresco will submit a price proposal taking into account different factors Lexington is interested in and they will be modeled to make sure the price selected is the most competitive. During contract negotiations Cadmus will advocate to ensure all terms are favorable to Lexington. Cadmus has worked with 50 municipalities on this arrangement and is comfortable with arrangement Lexington is going forward with. Regarding installing solar on the Cary Memorial Library, Mr. Voss spoke with the Historic Districts Commission (HDC) informally in May and will attend their June meeting formally with Ameresco to discuss whether solar can be installed on the Library. Ms. Mauger does not want the Selectmen to commit on installing solar on the Library without HDC approval. Ms. Mauger asked about the solar technology and the cost of installing, removing and reinstalling solar in order to repair or replace roofs, what the cost was and how much damage there is to roofs. Mr. Linsay, Ameresco, talked about coming up with a set of different options on how to approach mid-life modifications to roof/building and how to accommodate with the solar system being there. Ameresco will look at what the cost will be to remove the solar system and put back on. The solar will not damage the roofs, but there will be an impact on revenues generated during the period. Ameresco explained that solar systems on flat roofs do no damage because there are no attachments. A couple of the suggested buildings have pitched roofs that would need attachments. Ameresco is focused on installing solar systems on 10 buildings in town. They are prioritizing layouts, taking detailed measurements and looking at the structure of the roofs, including roof ages, present condition and what they can support with the help of the Public Facilities staff. Mr. Kelley requested information on the financial structure to review prior to the May 19 meeting. He also asked about what the plan would be after the 20 year agreement. Is the equipment optioned to the Town or is there a continuation of a maintenance or leasing program. Mr. Linsay stated the contract would be extended an additional 5 years. Typically it is assumed that at the end of 20 year there is a cost to remove and salvage, so assume the panels have to be removed after 20 years. There could also be a transfer of ownership. Mr. Kelley asked if the Town could include in the agreement what option they would like. Mr. Linsay stated the agreements are typically for 20 years. Because of the short time frame to complete the agreement he needs to be careful how many options he can provide for. Selectmen’s Meeting – April 28, 2014 Mr. Kelley expects to have a bond to assure Ameresco’s existence over the 20 years and to provide the resources to remove the panels and assure the Town that all terms of the contract will be carried out. Mr. Linsay said there is a performance bond for construction and the bond is typically provided because we they own the project. They have subcontractors bond their work for the project they are doing. In terms of fulfillment of the PPA, that is a financial agreement that requires that those revenues be generated over the 20 year period. Mr. Kelley asked if the expectation will be that the Town will have a certain level of financial benefit that will be realized and is that tied to something that may prove that if cost of electricity drops the value of kilowatt generated would be less and the return to Town change. st Mr. Linsay stated that the contract will include an established price that will have a 1 year value and an escalation of 1-2 percent each year so the Town will know the price for power. The comparison of what the Town pays and the value market price is subject to some variation. It is very clear there is significant savings for the value of credit for net metering compared to the PPA price. Ameresco will develop as part of the design of the system and the town can evaluate at the May 19 meeting. Town Manager Employment Agreement Discussion Ms. Mauger discussed the process that will be followed to negotiate a new Employment Agreement with the Town Manager for the period July 2014 through July 2017. At the next Selectmen meeting the Board will begin discussing in executive session. The final Employment Agreement will be approved in open session. Approve Police Department Fees Mr. Valente explained that Police Chief Corr is recommending the following fee increases:  Fingerprinting Fees for personal use from $3 per card to $10 per card, regardless of the number of cards requested; and  When a police cruiser is required for a detail, a cruiser fee of $15 per 4-hour detail be charged. Upon motion duly made and seconded, it was voted 5-0 to establish the following Police Department Fees, effective July 1, 2014:  Fingerprinting Card: $10 per visit  Police Cruiser at Detail: $15 per 4-hour detail, or part thereof. Selectmen’s Meeting – April 28, 2014 Resignation – 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Jane Warren from the 2020 Vision Committee, effective immediately. Town Manager Appointments Recreation Committee Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Lisah Rhodes to the Recreation Committee for a term to expire May 31, 2017. Conservation Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of David Langseth and Ralph Bitsko to the Conservation Commission for terms to expire March 30, 2017. Historical Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Sarah Zimmerman to the Historical Commission for a term to expire March 30, 2017. Consent One-Day Liquor License – Sacred Heart Parish Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Sacred Heart Parish to serve beer and wine at a fundraiser for the Sisters of St. Joseph Prison Ministry on Saturday, May 17, 2014, from 6:00 p.m. to 10:00 p.m. at Sacred Heart Parish, 21 Follen Road. Proclamation – National Public Works Week Upon motion duly made and seconded, it was voted to sign a proclamation for National Public Works Week, May 18 to 24, 2014. Proclamation – Arbor Day Upon motion duly made and seconded, it was voted to sign a proclamation for Arbor Day, which was held April 25, 2014. Selectmen Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of March 10, 2014, March 17, 2014, March 24, 2014, March 26, 2014, March 31, 2014, April 2, 2014, April 7, 2014, and April 9, 2014. Selectmen’s Meeting – April 28, 2014 Selectmen Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of March 10, 2014, March 17, 2014, March 31, 2014, April 2, 2014, and April 7, 2014. One-Day Liquor License – Methodist Weekday School Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Methodist Weekday School to serve beer and wine at the Red-White and Blue Auction Fundraiser on Saturday, May 3, 2014, from 6:30 p.m. to 11:00 p.m. at the Lexington Historical Society, 13 Depot Square. Documents Presented th 1.58 Annual Fourth of July Carnival, presented by the Lexington Lions Club, April 28, 2014. Selectmen’s Meeting – April 28, 2014 Executive Session Upon motion duly made and seconded, it was voted 5-0 to go into Executive Session to consider the purchase, exchange, lease or value of real property at two locations and potential litigation related to one of the locations, 430 Concord Avenue, and to reconvene in Open Session only to adjourn. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating or litigating position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 11:35 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 29, 2014 A meeting of the Board of Selectmen was held on Tuesday, April 29, 2014, at 7:30 p.m. in the Public Services Building Cafeteria at 201 Bedford Street. Chairman Mauger, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Also Present: Appropriation Committee Members: Mr. Bartenstein, Mr. Levine, Ms. McLeish, Mr. Michelson, Mr. Parker, Chair, and Ms. Schonfeld Capital Expenditures Members: Ms. Hai, Chair, Mr. Hurley, Ms. Manz and Ms. Masterman Conservation Commission Members: Mr. Bitsko, Mr. Hamilton, Mr. Kennedy, Ms. Miller, Chair, Mr. Langseth, Ms. Warren, Mr. Wolk; and Ms. Mullins, Conservation Director Planning Board Members: Mr. Canale, Ms. Corcoran-Ronchetti, Mr. Dunn, Mr. Hornig Mr. Zurlo; and Ms. McCall-Taylor, Planning Director. Executive Clerk Upon motion duly made and seconded, it was voted 4-0 by roll call to go into Executive Session to consider the purchase, exchange, lease or value of real property at 430 Concord Avenue and potential litigation related to 430 Concord Avenue and Estabrook and to reconvene in Open Session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating or litigating position of the Town. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 9:03 p.m. A true record; Attest: Lynne A. Pease Executive Clerk