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HomeMy WebLinkAbout2014-03-BOS-min Selectmen’s Meeting March 10, 2014 A regular meeting of the Board of Selectmen was held on Monday, March 10, 2014, at 7:00 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 ndth Ms. Mauger and other Selectmen attended the 2 Annual Mock Town Meeting for 8 graders. They were very impressed with the students and enjoyed the event and encourage other residents to participate. They also thanked Ms. Steigerwald and the others who organized the event. Town Manager Report Mr. Valente reported on four items: 1.Pedestrian was hit by a car at approximately 6:00 p.m. on February 24 crossing from the First Baptist Church to the town complex parking lot. That area is being watched and monitored and will be addressed with the center streetscape project. 2.Switchover to a new phone system begins March 11. The main number is the same but all extensions are changing to 5-digit numbers. 3.Parking Management Study Group will be presenting a proposed plan on Wednesday, March 12 from 8:00 a.m. to 9:30 a.m. to businesses and employees who work in the center. The Selectmen will also hear the presentation at their meeting on March 17. 4.David Pinsonneault, Director of Public Works Operations was recently elected President of the Sports Turf Managers Association, which is a group of about 2500 professional managers of athletic fields. The Sports Turf Magazine did a nice article on Dave’s career and his work in Lexington. Mr. Valente praised his service and talent and what he brings to Lexington. Grant of Location – National Grid – Sherburne Road Ms. Mauger opened the hearing at 7:15 p.m. Ms. Kelliher, representing National Grid, stated they are requesting permission to install and maintain approximately 160 feet of 6 inch gas main in Sherburne Road from the existing 6 inch main at Vinebrook Road southerly to 4 Sherburne Road to provide new gas service. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 160 feet of 6 inch gas main in Sherburne Road. Ms. Mauger closed the hearing at 7:16 p.m. Selectmen’s Meeting – March 10, 2014 Housing Production Plan Mr. Henry, Assistant Town Planner, presented a summary of the Affordable Housing Production Planning, including information on: staying 40B compliant, the current Subsidized Housing Inventory (SHI), market and affordable units in the pipeline for 2010 to 2014. Mr. Pato commented on the importance of preserving and creating a wide range of dwelling types that support economic diversity in town. He has concerns about maintaining the 10% affordable housing units because only 50% of the units are deed restricted. He asked if the number of new housing units permitted by the Planning Board and Board of Appeals actions (79 - of which 22 have already been built) includes the 51 units (including 6 affordable units) allowed in the 2010 zoning change passed by Town Meeting for Countryside Manor. Mr. Henry responded that because of the secondary regulatory process zoning can allow those to be created now with a special permit to build; the presentation did not include the authorized units. There may be more units coming that will request a permit that are in the pipeline. Asked about the Katahdin Woods affordable units if they turn into condominiums, Mr. Henry responded Katahdin Woods is complicated because only 20% of its units are affordable and there st is a right of 1 refusal that the Town does not have the details of. If the rental units are converted to ownership units the Town will lose the ability to count the market rate units as part of the 10% affordable units. Mr. Kelley was surprised by the number of LexHAB units that did not qualify as affordable units and asked if the argument could be made to the State to get all LexHAB units to qualify. Mr. Henry suggested there should be a discussion and request to explore with the Department of Housing and Community Development (DHCD) LexHAB’s protocols and revisit getting all their units included on the Subsidized Housing Inventory (SHI) list. Mr. Kelley asked about the possibility of trying to save some of the smaller homes in town by setting up a tax incentive program that would allow property owners to deed or will their homes so LexHAB could acquire at a reduced market amount and the property owner would receive a tax incentive. Ms. Mauger requested the Town Manager, Planning Board and LexHAB discuss options for the Katahdin Woods property, how to include LexHAB’s units in the SHI list and whether a program could be set up to keep smaller homes available for affordable housing. Ms. Ciccolo feels the need for affordable housing is high and the Town needs to stay above the 10%, that the recommendations should not be ignored and that the plan be sent to other Town committees for further analysis. Selectmen’s Meeting – March 10, 2014 Ms. Mauger stated the Town should fear falling below the 10% because developers can ignore the zoning laws and the Town has no control over 40B development. The Town needs to be careful when talking about the affordable housing LexHAB provides since those units do not qualify for the SHI list. Mr. Kanter, Precinct 7, asked about the Katahdin Woods legal status and asked whether there were elements of perpetuity from the beginning that may indeed still be in affect into the future. Mr. Henry answered yes and that there was definitely a mortgage program that included the right of 1st refusal and also that the permit itself may run in perpetuity which they are trying to understand. Ms. Tsvetkova, 42 Lowell Street, provided a handout to the Selectmen with her affordable housing compliance calculations. She believes the Town will still be above the 10% SHI by the year 2030 even if they do not build any new affordable housing. She also questioned the reasons for a Housing Production Plan. Mr. Henry answered that the Housing Production Plan was written to help decide what steps should be taken next. It was important to get a policy statement from the community of what to do. It is a useful plan that gives the Town a deeper understanding of the housing market and affordable housing in particular. Mr. Tsvetkova was concerned the Housing Production Plan was a legal document and that residents were not given an opportunity to provide comments. Ms. Mauger responded the Housing Production Plan is not a policy; it is a document presented to the Selectmen. They can accept the report but that does not mean they will be implementing, accepting or recommending any policies. She suggested that Ms. Tsvetkova could still make comments on the report. Ms. Adler, 22 Village Circle, commented that there is a great need for a variety of affordable housing options for seniors. She would like the Selectmen to think about a policy that looks at the diversity of housing, in particular for seniors. Upon motion duly made and seconded, it was voted 5-0 to accept the Lexington Housing Production Plan, subject to correcting formatting issues, and refer certain aspects of it to other Town Committees for further analysis. Mr. Henry will post the document on the Town’s webpage. Selectmen’s Meeting – March 10, 2014 LexHAB Presentation of Housing on Busa Property Mr. Kennedy and Mr. Savage, members of the Lexington Housing Assistance Board (LexHAB) presented a proposed site plan, floor plans, elevations and renderings for two buildings with three units each. Solar panels will be installed on each building on the south side and they will run on zero energy. The estimated construction cost for this project is $1.2 million, with $535,000 approved at a previous Town Meeting and a request for $750,000 before the 2014 Annual Town Meeting. LexHAB held two public meetings: the first meeting in September 2013 they invited abutters within 300 feet, the second meeting in December 2013 they invited abutters within 500 feet. Concerns from residents included the safety issues around the Lowell/Westminster intersection, blocking the view of the farm land, drainage and size of the parking area. LexHAB has contacted the Traffic Safety Advisory Committee (TSAC) to see if they would look into reducing the speed limit on Lowell Street to 30 MPH and look into signage to help slow vehicles, and also possible farm signs. LexHAB has discussed the drainage issues with a consultant and is confident they can be corrected. A plan for runoff will be required before construction begins; the plan includes using a pervious surface. Ms. Mauger asked the Town Manager to contact TSAC about when they can get back to the Board with recommendations on traffic safety in this area. Mr. Kelley liked the plan but is concerned that the previous approval was for four units and now asking for six units, which jeopardizes what was said to the abutters. He asked if the setbacks could be reduced to at least try to open up more of the vista. Mr. Savage will discuss the possibility with the hydrologist to check on any runoff issues. Mr. Kennedy stated the 40 foot setback on the side and between the buildings was to help keep away from the neighbors and also to provide a vista through the buildings. Mr. Pato complimented LexHAB on the design, on the zero energy consumption plans, the photo voltaic plans for producing energy and for the proposed site lines that give a vista view from a variety of locations. Ms. Ciccolo feels it makes a lot of sense to ask for six units since it will not change the size of the buildings and will not be more costly to build the affordable housing. She thinks the renderings make the buildings fit into the neighborhood and the design is appealing. Selectmen’s Meeting – March 10, 2014 Mr. Cohen feels it is a good idea to ask for six units instead of four because it does not change the size of the buildings and with the 40 foot setback provides a better view of the vista. Ms. Mauger recommends that the Board hold a public hearing to discuss the change in the number of units, and the drainage and traffic issues. Mr. Jong, Precinct 1, asked how the Board can approve of six units when they previously approved four units without any additional public meetings. He is also concerned about the impact to the schools with the additional students this project would create. Ms. Weiss, 8 Dover Lane, feels six units is a compromise since the Selectmen initially asked LexHAB to present eight units. Ms. Tsvetkova, 42 Lowell Street, thinks it is unethical for the Selectmen to change the number of units since two years ago they previously voted for four units. She provided the Selectmen with a petition signed by many residents that stated: “I support the recommendation of the Busa Land Use Proposal Committee, appointed by the Board of Selectmen, to use the Busa land property primarily as a Community Farm. If any affordable housing is to be built, I support a maximum of 2 units to be built either on already developed land or on that which is least suitable for farming. Further, I support only the ‘scattered site’ type of housing already built in other parts of Lexington by the Lexington Housing Assistance Board (LexHAB), not a new model for dense housing development with 10-14 units, as proposed by the Lexington Housing Partnership Board.” Mr. Manz, 14 Ellison Road, explained that when Town Meeting voted to buy the Busa property it was for open space and affordable housing. Two years later the community farm is about ready to open. Now it is time to build the affordable housing as was promised to Town Meeting. Mr. Ludlow, 46 Lowell Street, is not impressed with the rendering which shows what looks like two apartment buildings and a hotel style parking area, which is not in keeping with the neighborhood. He suggested that the Selectmen request a proposal for four units on a scale and with sensitivity to the neighborhood and the current properties in the area. He also suggested keeping a close eye on budget because of the potential costs to fix any drainage issues. Ms. Reed, 15 Westminster Avenue, is primarily concerned with the speed of traffic on Westminster and Lowell Street and that there is no crosswalk and no safe way to cross the street to the Community Farm. She referred to an Arlington Traffic Study from 2008 that looked at the intersection and one suggestion was a bump-out at the corner of Lowell and Westminster where a crosswalk could be added and also the cars would have to turn and stop. She requested that the Board continue looking at the crosswalk and traffic speed issues. She was told by Engineering that the Selectmen would take up the traffic issues after deciding on the housing plan; she asked if that was the plan. Selectmen’s Meeting – March 10, 2014 Mr. Valente confirmed that Engineering was not going to continue looking at the Lowell/Westminster intersection until LexHAB finalized the affordable housing project. Ms. Mauger stated that TSAC consists of members from staff and volunteers, including police and engineering and they can say if the site should be reengineered. Because of the Community Farm and the affordable housing units it is appropriate for TSAC to look into options to improve safety and slow the traffic. Mr. Cohen agreed, but asked if a safe crosswalk could be added quickly. He noted that the Busa Farm was there for many years and that a crosswalk had never been requested. Mr. Valente will talk with Engineering. Mr. Subramanian, 7 Haskell Street, feels reducing the setbacks as Mr. Kelley suggested would provide a better vista. He would like the parking lot to be reviewed since the current neighborhood does not include large visible parking areas. He does not think units should be built on the ground floor because of the water issues and they would not be appropriate for a low income family. Ms. Walker, 14 Larchmont Lane, thinks LexHAB has done a great job addressing abutter concerns and Lexington needs more affordable housing. She urges the Selectmen to approve the six units tonight. Ms. Manz, 14 Ellison Road, is puzzled at the concern of four versus six units. The two buildings proposed are designed to look like houses in the existing neighborhood. Only difference is two additional parking spaces. She feels there will be no more blacktop at this property than is at any newer home built in Lexington. She also feels that additional children are added to the school system all the time because of new houses being built. She urged the Selectmen to approve the six proposed units tonight since there has been ample discussion. Ms. Wheeler, 46 Lowell Street, was not invited to the first public meeting LexHAB held, but did attend the next public hearing and also the meeting LexHAB held with the Community Farm people. She does not think LexHAB has addressed any of the concerns regarding traffic, the view and drainage. Ms. Boudrot, 3 Lowell Street, spoke about the importance of the viewscape and would like there to be only one building with four units. She requested that the parking area be looked at before a vote because it currently impacts the view. Ms. Mauger asked the other Board members if they wanted to vote on the request or schedule another public meeting. Selectmen’s Meeting – March 10, 2014 Mr. Kelley would like the Board to stay with the previous vote for four units in two buildings. He questioned whether the plan should include 3-bedroom units. If the Board decides to vote on the six units, which he feels are out of bounds because of the prior commitment, he suggested that there be a comment period for input. He cannot currently vote for the proposed six unit plan. After much discussion about changing the number of units or the types of units, the Board took the following vote. Upon motion duly made and seconded, it was voted 3-1-1 (Kelley opposed, Ms. Mauger abstained) to approve LexHAB’s proposal to build two buildings with three units each on the Busa Property, as defined in the presentation. Community Center Advisory Committee (CCAC) Update Ms. Ciccolo, Chair of the CCAC, last met with Selectmen on February 3 and asked for more time to work out the HVAC system and to make recommendations on whether the project should be done in two phases or combined into one so there is no disruption. The Committee, along with consultants and staff, reviewed the options for heating ventilation, air conditioning, building insulation and lighting to determine which combination yielded the most cost effective approach to deliver the required Community Center environmental conditions. The team also evaluated implementing the preferred scope of work in a single project or a two-phased project. Mr. Goddard presented slides showing the analysis that was done, findings, recommended budget, recommended schedule, what is included in the recommended scope, what is not included in the recommended scope, and a life cycle cost analysis. The analysis showed that the project can be implemented at a lower cost and without disruption to program in one phase. With the HVAC scope of work now identified, the schedule impact of adding this additional work to the project only extends the schedule about four to six weeks. Opening of the Community Center is projected to be the first week of March 2015. The CCAC recommends implementing the project in one phase. The budget estimate is $6,320,000, which would require supplemental appropriation at the March Special Town Meeting in the amount of $3,150,000, of which $3,050,000 is eligible for CPA funding and $100,000 would come from the general fund. Mr. Addelson, Assistant Manager for Finance, reviewed the revised financial analysis for funding projects, including the Community Center. The analysis shows that the Community Preservation Act Fund can over time handle the incremental costs of all the currently proposed capital projects. Mr. Pato asked if Option 2 assumed a refit of mechanicals in 5 to 6 years like in Option 1. Selectmen’s Meeting – March 10, 2014 Mr. Goddard answered that the model shows there would be an expenditure in about Year 6 to invest in the chiller/boiler. As a follow-up, Mr. Pato asked if the Community Center would be linked with a major expansion of the facility after the 5-6 years or is the need for a new mechanical system independent of any other plans for use of the facility. Mr. Goddard stated the rule of thumb is 20 years of useful life for mechanical systems. The Master Plan included plans for a multi-purpose space to be added. If funded in the future that would be a good time to see if it makes sense to replace the boiler/chiller with a larger capacity model. Otherwise the mechanicals would be replaced when they reach the end of their useful life. Mr. Kelley is pleased with the analysis and thinks the equipment will serve the Community st Center well past 20 years. He is also pleased with the changes to the 1 floor multi-purpose room that will serve the community well. Ms. Tutko, a member of the Senior Center exercise program, is upset that the fitness room is in the basement; the ceiling is low, there are no windows and the air quality is poor. She suggested that other activities would work in the basement area like the billiards. She also suggested that the old Senior Center not be disposed of so it could be used for some activities. Mr. Sandeen, Sustainable Lexington Committee, suggested that the number used for the energy calculation was too low and suggested that the calculation should be redone and might show a different and better payoff. Mr. Goddard explained that when the energy model was reviewed, the building analysis showed spending would be about $100,000/year on energy and the ratio showed more electric than gas, which means $3,000/year on gas consumption. The model is a good tool to help in making financial decisions. Since the cost of implementing the change is so significant it would not change the decision because of the amount of woodwork and the estimate to put insulation in would only provide marginal improvement so the investment to make the change is estimated to be $850,000, which is not cost effective. Mr. Sandeen was thinking about efficient equipment and encourages the Board to do a total life cycle cost analysis for over 20 years. Mr. Pato suggested taking a diligent look at the savings potential because of all the capital projects. Mr. Kelley supports the recommendation and is comfortable with the equipment there that was state of the art when installed. The difference is that today’s market is significantly different and there is no better payback. Selectmen’s Meeting – March 10, 2014 The Board agreed to discuss this issue further at a future Selectmen meeting. Upon motion duly made and seconded, it was voted 5-0 that the Community Center Renovation Project be implemented as a single construction project and that the budget for implementation be finalized for appropriation at the March 24 Special Town Meeting. Discussion on Article 23 – Amendments to the District Agreement of the Minuteman Regional School District Mr. Horton, Lexington’s Representative to the Minuteman Regional School District, provided information to the Selectmen about proposed changes to the Regional Agreement, which would require the unanimous consent from town meeting of the 16 member towns. The goals of the proposed changes are to encourage new communities to join, address how capital costs will be assessed to member communities, and provide a path for member communities that wish to withdraw from Minuteman. The proposed changes include: Present Agreement Proposed Agreement Assessment based on annual enrollment 4-year rolling average of enrollment Capital costs based on annual enrollment 1% base/50% enrollment rolling average/34% needs-based Each member has one vote on School Weighted voting except debt and budget (under Committee further review by School Committee) New members pay full capital costs 4 year ‘buy in’ of capital costs may be negotiated by School Committee Withdrawal requires unanimous agreement Majority of members required to approve withdrawal Current Agreement silent on capital cost Capital contribution from non-members must contributions from non-members be applied to reduce capital assessments of members Current Agreement allows one member to Allows current debt approval method or a block a debt issue district wide vote Amendments to Agreement require unanimous Amendments require ¾ vote. vote Mr. Kelley felt the burden should be shared by all communities that send students to Minuteman. Mr. Horton said the law currently says non-member towns cannot pay capital. The proposed changes to the Agreement would provide a way to collect capital from non-member communities. Senator Donnelly has requested more money for renovating/rebuilding regional and vocational schools; a hearing was held but information has not been released by the committee yet. Currently MSBA will pay 40%. The problem is Minuteman does not want to lose its place in the MSBA line of projects and they have no authority to request money from non-member communities. Selectmen’s Meeting – March 10, 2014 Other Post Employment Benefits (OPEB) Working Group Recommendation Mr. Addelson, Assistant Town Manager for Finance, reviewed the Other Post-Retirement Employee Benefits Analysis for Fiscal Year July 1, 2012 to June 30, 2013, dated February 21, th 2014. This evaluation must be done bi-annually and this report is the 4 evaluation of the Town. The report is based on assumptions prescribed by actuarial standards. He reviewed some key terms: Actuarial Accrued Liability (AAL), Normal Cost and Annual Required Contribution (ARC). He reviewed the Governmental Accounting Standards Board Statement 45 (GASB-45) Required Disclosures for FYE 2011 and FYE 2013 and the reasons for the dramatic change in total AAL, which are the change in interest rate assumptions and medical assumptions. He had conversations with the auditor and actuarial representative on the interest rate who felt the higher interest rate was reasonable in this updated report. Appendix 1 in the report (GASB-45 Required Disclosures at 7.75% Interest) is based on a 30 year return on liability and he pointed out that 7.75% is the assumed rate of return used by the Lexington Retirement Board. Mr. Valente reviewed the report of the OPEB Working Group and the proposed policy for funding OPEB. The Working Group included Ms. Mauger, Mr. Parker and Mr. Levine from the Appropriation Committee and Mr. Addelson. Given the competing demands on limited revenue, the Town has limited flexibility to fund its Unfunded Actuarial Accrued Liability other than by continuing its pay-as-you-go funding approach. In FY2014 that amount was $5.9 million, which only covers the annual health insurance premiums for current retirees. The Town does have the ability to fund some portion of the Normal Cost, which will build assets in a trust fund, which may be invested in vehicles that are reasonably expected to yield investment returns that are compatible with the discount rate. The balance in the trust fund should yield sufficient investment earnings to lower the amount that must be budgeted by the Town in any given year to pay the Town’s portion of that year’s retiree health and dental insurance, thus buffering other services from the impact of rising cost of medical benefits. The OPEB Working Group recommends the following: To recommend to Town Meeting each year a budget contribution to the OPEB Trust Fund in an amount that ranges from 35 to 100 percent of the estimated Normal Cost for the upcoming budget year, with the General and Enterprise Funds bearing their respective shares of those contributions. This approach will mitigate growth in the unfunded Actuarial Accrued Liability, eventually reducing the amount the Town will need to budget for health insurance by approximately one-third, as the assets of the OPEB Trust Fund will be used to underwrite the annual cost of retiree benefits. Further, it is recognized that there are competing claims for limited Town funds, which are considered as part of the annual budget process. Consequently the annual recommendation for OPEB funding shall be made in the context of other capital and operating budget needs, such that recommended OPEB funding shall not have a material or detrimental impact on service delivery or the maintenance of Town capital assets and infrastructure. The policy should also be reviewed following each update to the actuarial study. Selectmen’s Meeting – March 10, 2014 Article 15 of the Annual Town Meeting includes funds for a portion of the OPEB liability. Mr. Pato asked about the normal cost, which is the amount accrued this year for current employees for future obligation and asked if the policy says the maximum that can be put in is 100% of the cost doesn’t that mean the Town will never be able to close the gap on the obligation. Mr. Valente explained that if the normal cost is fully funded over time it extinguishes the accrued liability. Responding to questions from Mr. Kanter, Ms. Mauger responded that the earnings of the fund could be used for current payments. Mr. Kanter, after hearing the policy statement wonders if the Board will be able to balance the competing demand for capital set-asides vs. increasing the amounts for the OPEB liability. Mr. Valente plans to review the revised health insurance numbers at the next Selectmen’s meeting so the Board can determine if they want to redirect any funds. Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Kelley abstained) to endorse the funding policy recommended by the Town Manager’s OPEB Working Group. Right of First Refusal – 430 Concord Avenue Mr. Valente explained that ARTIS Senior Living is proposing to purchase a portion of a parcel of land located at 430 Concord Avenue. The parcel is currently eligible for and receiving a property tax deduction under the State statute, Chapter 61A, that provides this benefit for land used for agricultural purposes. When so-called Chapter 61A land is under a Purchase and Sale Agreement and no longer will be used for agricultural purposes, however, the Town has the right of first refusal to purchase the property at the price negotiated (by ARTIS) in the Purchase and Sale Agreement. As ARTIS determines whether to go forward with the evaluation to purchase this property, they have asked whether the Selectmen have any interest in exercising the Town’s right to purchase the parcel. Mr. Kelley believes ARTIS has submitted a great proposal that has value to the community and would fill an active residential/housing need and also bring property tax and address longstanding property issues with the current owner. He has no interest in acquiring the land if ARTIS is successful on their request for CD rezoning. Ms. Mauger agrees with Mr. Kelley’s comments. Mr. Cohen has no interest in the land. Selectmen’s Meeting – March 10, 2014 Ms. Ciccolo also has no interest in the land and has visited the site as a Planning Board Members and feels the proposal is a good fit for the community. Mr. Pato agrees the ARTIS proposal is attractive for the community, but requested that staff report whether there are any plausible municipal uses for the site. Approve Collective Bargaining Agreement for Lexington Municipal Management Association Mr. Valente explained that the Board previously considered in Executive Session the proposed collective bargaining agreement with the Lexington Municipal Management Association (LMMA) for FY2013 and FY2014. The LMMA membership voted on March 10 to accept the Agreement. The 2-year agreement provides for a 2% cost of living adjustment for FY2013 and a 2% cost of living adjustment for FY2014. Upon motion duly made and seconded, it was voted 5-0 to approve the collective bargaining agreement between the Town and the Lexington Municipal Management Association for FY2013 and FY2014, as presented. Approve the Remote Participation Policy Upon motion duly made and seconded, it was voted 5-0 to adopt and approve the Remote Participation Policy. Approve Minor Amendments to the Battle Green Regulation Upon motion duly made and seconded, it was voted 5-0 to approve the revised Battle Green Regulation, as presented. Reappointment of Town Council Upon motion duly made and seconded, it was voted 5-0 to reappoint Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2015. Resignation – Design Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Ginna Johnson from the Design Advisory Committee. Selectmen’s Meeting – March 10, 2014 Adjust Sidewalk Use Permit Fees in Center Mr. Valente explained that it has been the Town’s practice to allow certain businesses in the Center to license the use of the public sidewalks. Specifically, Bertucci’s and Peets Coffee have licenses to use of the sidewalk for customer tables. The Town has not increased the license fees since 2000. Bertucci’s currently pays $400 per month and Peets $60 per month. The Town Manager recommended a 5% increase in the license fees for 2014. Upon motion duly made and seconded, it was voted 5-0 to authorize a 5% increase in sidewalk use permit fees. Article Positions and Selectmen Article Presenters Ms. Mauger asked the Selectmen if they have any questions on the article presenter assignments. She will provide the information to the Town Moderator. Because of the late hour it was suggested that Article Positions be taken up at the next meeting. Consent Adjustments and Commitments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments and commitments of water and sewer charges: Commitments of Water and Sewer Charges Cycle 9 $182,802.66 Commitments of Water and Sewer Charges Finals Feb 2014 $ 4,821.77 Adjustments to Sewer Charges as recommended by WSAB ($300.00) One-Day Liquor License – Cary Memorial Library Foundation Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Cary Memorial Library Foundation to serve beer and wine at a Cooks and Books fundraiser on Saturday, April 12, 2014, from 5:30 p.m. to 8:00 p.m. at the Cary Memorial Library, 1874 Massachusetts Avenue. One-Day Liquor License – Bowman PTA Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Bowman PTA to serve all alcohol for the Bowman International Night Fundraiser on Saturday, April 5, 2014, from 7:00 p.m. to 10:00 p.m. at the Knights of Columbus, 177 Bedford Street. Selectmen’s Meeting – March 10, 2014 One-Day Liquor License – Compass for Kids Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Compass for Kids to serve all alcohol at the Shake It For Shelter Fundraiser on Saturday, June 14, 2014, from 7:00 p.m. to 11:30 p.m. and that the music must be turned off no later than 12:00 midnight, at Lower Hayden Field on Worthen Road. Documents Presented 1.Affordable Housing Production Planning – A Summary for the Board of Selectmen – March 10, 2014. 2.Affordable Housing Compliance Calculations – presented to the Selectmen from Bella Tsvetkov on March 10, 2014. 3.Petition and signatures given to the Selectmen by Bella Tsvetkov regarding support of the Busa Land Use Proposal Committee recommendation for a maximum of 2 units. 4.Presentation – Lexington Community Center – March 10, 2014. 5.Presentation by David Horton, Lexington’s Representative to the Minuteman Regional School District, regarding Article 23, Amendments to District Agreement of the Minuteman Regional School District in the Annual Town Meeting warrant. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session as authorized under c. 59, ss. 6 and 60 to discuss potential tax exemption (Exemption 7) and to discuss the value of real property (Exemption 6). Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 11:12 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 17, 2014 A regular meeting of the Board of Selectmen was held on Monday, March 17, 2014, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Ms. Vine, Deputy Town Manager; and Ms. Pease, Executive Clerk, were present. Authorize Town Manager to Send RFP for Comcast Renewal Process Mr. Buczkowski, member of the Communications Advisory Committee Negotiations Subcommittee, requested approval to send a cover letter and the Request for Proposal (RFP) for the Comcast License Renewal. The Negotiations Subcommittee has been informally negotiating with Comcast for 2 ½ years, including conducting a Public Hearing on January 26, 2012. Sending the RFP starts the formal process. The license agreement that is proposed is substantially the same except the Town would like Comcast to provide a High Definition Channel and Comcast is requesting a change to how they pay the I-Net fee. The Negotiations Subcommittee would like to get additional bandwidth for the public schools and Town Staff to use for informing residents about weather events and other emergencies. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to sign and send a letter and the proposed Cable Television Renewal License RFP to Jane Lyman, Senior Manager of Government and Community Relations. Planning Board Presentation on Zoning Articles for the Annual Town Meeting Article 30 – Amend Zoning Bylaw – Medical Marijuana Treatment Centers Mr. Hornig, Planning Board Chair, presented information on the current situation, the Planning Board’s proposed locations for the registered marijuana dispensary, and what would happen if no zoning changes are approved. The Selectmen asked several clarification questions. The Board of Health will discuss ways to regulate the medical marijuana treatments centers with property owners at their next meeting. The marijuana dispensaries cannot be banned. A single caregiver can pickup the marijuana and anyone with financial or inadequate access can get state approval to grow their own. The Planning Board encourages allowing the business where public transportation is available. The vote of the Planning Board was unanimous in support of this article. Ms. Mauger stated that the Tourism Committee voted unanimously to oppose the location of medical marijuana treatment centers in the CB District with or without a Special Permit due to the unique historic character of the Central Business District and the economic effect such placement would have on tourism dollars. The Center Committee is also opposed to it being located in the CB district and the Police have concerns and prefer they be located in the CM District. The School Committee supports a 500-yard buffer and they are split on the zones. Selectmen’s Meeting – March 17, 2014 Mr. Thomas Fenn provided a handout to the Selectmen with his suggested amendment to Article 30 which would not allow the Medical Marijuana Treatment Centers in the CRS and CB districts. He suggests being more cautious at this time until more is known about the treatment centers. Police Chief Corr is concerned about the number of kids that congregate in the center and that this will be a high risk facility. The Selectmen support Mr. Fenn’s proposed amendment 4-1 (Mr. Pato opposed). If the Fenn Amendment does not pass Town Meeting, Mr. Cohen, Ms. Mauger and Ms. Ciccolo will support the Planning Board proposed motion. Mr. Kelley does not support the Planning Board proposed bylaw changes. Article 31 – Amend Zoning Bylaw – Site Plan Review Mr. Hornig explained the purpose of this article is to encourage economic development in the Town and reverse the controls adopted by the Town in the 1980’s. Article 31 seeks to allow development in other commercial districts in Town to utilize site plan review without having to obtain a special permit unless another special permit is triggered. All of the Selectmen support this article. Article 32 – Amend Zoning Bylaw – Technical Corrections Mr. Hornig explained the purpose of this article was to make corrections to the Zoning bylaw that are not substantive but make the bylaw clearer, more understandable and correcting typos and mis-alphabetizations. All of the Selectmen support this article. Article 27 – Amend Zoning Bylaw – Allow For-Profit Educational Uses in the Neighborhood Business and Residential Districts Article 28 – Amend Zoning Bylaw – Allow For-Profit Educational Uses in The Neighborhood Business District And Remove Size Limitation Mr. Hornig explained that these articles were submitted by a citizen. The purpose of the articles is to allow for-profit educational uses for instruction in music and the arts with a size not to exceed 3,500 square feet per establishment by special permit in the RT District and the CN District and allow by special permit a 1,500 square feet maximum size in the CN district. The citizen, to address concerns from residents, is limiting her proposal to allow only for-profit educational uses for instruction in music and the arts with a size not to exceed 3,500 square feet per establishment by special permit in the RT district and the CN District. They would be allowed by right in other commercial districts. The 1,500 square foot maximum size of service establishments in the CN District could be modified by a special permit. Selectmen’s Meeting – March 17, 2014 Mr. Pato is now comfortable with the size limitation and supports both articles. Ms. Mauger, Mr. Kelley and Mr. Cohen support Articles 27 and 28. Ms. Ciccolo does not support Articles 27 and 28 because she has concerns about a variety of factors that have not been addressed, including the amount of traffic that comes and goes from this type of business; she feels the change needs to be studied further. Update of Center Parking Ms. Tintocalis, Economic Development Director, and Mr. DeNisco, Nelson/Nygaard Consulting Associates, Inc., provided an update on parking effort so far. Work on parking issues has been going on since 2010 when a grant received spurred analysis of parking. The Center Committee has been discussing parking and getting the word out to businesses and residents. The Parking Management Group wants to take the information that has been gathered and make positive changes to the parking situation. Mr. DeNisco presented some slides that provided information on parking in Lexington and what it is closely linked to, goals and expectations for parking, the study process, a map of the parking supply, graph of the percentage of spaces used different times of day, a map of the publicly accessible and restricted parking areas, graphs showing that the public areas are much more occupied than the restricted access parking areas, and the results of a survey (600 responses) showing parking as an inconvenience and reason not to come to the center. Challenges include: difficulty finding parking in the core area, customer/visitor confusion and frustration, lack of visible signage, time limits impede customer activity, employees compete with customers for parking, payment technology is inconvenient, pedestrian safety challenges on Mass. Avenue through some lots and that customers avoid the center due to parking issues. The parking management approach should be to create available parking by making most convenient spaces more expensive and improving the payment technology to make it easy; improve the administration by opening private lots and looking at zoning and management; and invest in the center by improving signage. The plan is to continue to review feedback and come back to the Selectmen in about a month with a detailed plan for parking. The Parking Management Group wants to find ways to make parking more welcoming and a better experience and to provide positive information rather than negative. Information on the parking plan is available on the Planning Department website. The same information is also available on LexEngage, which includes comments. Residents and businesses are also encouraged to contact Ms. Tintocalis. The Parking Management Group will work over the next month to finalize a plan for the optimum strategy. Selectmen’s Meeting – March 17, 2014 Center Streetscape Presentation Mr. Hadley explained that the Center Streetscape Project Team includes: Mr. Livsey, Project Manager; Mr. Pinsonneault, Manager of Operations; Ms. McCall-Taylor, Planning Director; Ms. Tintocalis, Economic Development Director; Mr. Howe and Ms. Carr from BETA, Ms. Shadley, representing the Center Committee, and Police Captain Ferro. The presentation will include: safety improvements, amenities recommended, and Battle Green pedestrian and vehicle issues. Mr. Livsey, Town Engineer, reviewed the list of all the coordination meetings that have been conducted. Feedback from these meetings has been incorporated into the current plan. There is another public meeting scheduled for March 18 in Battin Hall that will include a lengthy presentation and time will be allotted to getting public feedback, comments and questions from the audience. The goal is to get the project to the 25% design phase, request funding at the next Town Meeting and continue to 100% design. Mr. Howe reviewed the proposed design of the Center and Battle Green areas that includes traffic safety improvements for pedestrians, bicycles and vehicles. Ms. Carr presented the streetscape improvements, including: the overall concept, walkway treatment, amenities and lighting. The proposed plan includes: gateways/clear entries to the town center from Woburn Street, the Battle Green and Waltham Street; ways to encourage visitors to walk through the town center by being pedestrian friendly, extending the historic influence of the Battle Green through the town center and unifying streetscape treatments. The Waltham Street/Mass. Avenue intersection changes include: new timing of the lights, removal of the right turn only into Waltham Street, increasing the width of the sidewalk and additional parking spaces. The Mass. Avenue/Edison Way intersection changes include: removal of right turn to Edison Way and increasing the width of the sidewalk. The sidewalks will be bumped out at driveway near Lemon Grass and across Mass. Avenue to decrease the length of the crosswalk. Also an audio or flashing traffic control will alert people in the driveway area by Lemon Grass. The Mass. Avenue/Woburn Street intersection will include a 4-way traffic signal with reconfiguration of the traffic island. The Waltham Street gateway would include sidewalk treatment, a variety of seating, special crosswalk treatments and perspective views. Safety at crosswalks includes: bumping out the configuration to shorten the crossing distance, concrete pavement, lighting and detectable warnings. In front of CVS a rain garden is proposed Selectmen’s Meeting – March 17, 2014 with a stone seat wall. Grain Alley includes a gathering area. The Waltham Street Gateway will include a wall and plant bed, direct pedestrians to the crosswalk and outdoor tables. The Salter Building will include bench groupings, exposed aggregate/brick and snow removal areas. The Civic Area/Town Hall includes sidewalk uniformity, at-grade granite paver median and gathering areas at Town Hall and Wallis Court. The Woburn Street gateway would include: special crosswalk treatment, a focal point/gathering area on the conscious land, granite bollards and stone wall and seating at the bus stop. The plan proposes that the Woburn Street/Mass. Avenue intersection would include signals and also reconfiguring the island. At the Minuteman statue on the Battle Green the crosswalks will be shortened for access to the Visitor Center and Belfry. The current island will be reconfigured to include space for taking photos. The intersection of Mass. Avenue and Harrington Road will include relocation of a driveway, an entrance to the Olde Burying Ground, a gathering/interpretive area, bus drop off moving away from the Battle Green and a focal point. For the Bedford Street/Harrington Road intersection they are proposing a special crosswalk treatment and a planting bed on the island. It also includes additional parking on Bedford Street after the intersection heading to Bedford. Shade Street Traffic Calming Mr. Livsey, Town Engineer, updated the Board on the Shade Street Traffic Calming work. They have a conceptual plan that includes speed humps, 20 mph raised intersections, improved signage, adjustments to intersections and installing a sidewalk from Spring Street to 16 Shade Street. The conceptual plans were reviewed by the neighborhood and they provided feedback, which is being reviewed. The next step is to schedule a meeting with all abutters. Then a more detailed design will be put together. The intent is to do all the work during this construction season. 2014 Road Reconstruction Projects Mr. Livsey showed on a map the road construction projects for the 2014 construction season: Rebuilt Roadways:  Minuteman Bikeway (Fletcher to Woburn)  Diamond Roundabout Reclaim Roadways:  Manning (Bedford to Milk)  Shirley (Bedford to Greeley Village)  Tewksbury (Bedford to Greeley Village)  Eaton (Bertwell to Blake)  Boulder (Blake to the end of Boulder) Selectmen’s Meeting – March 17, 2014 Mill and Overlay Roadways:  Minuteman Bikeway (Arlington town line to Fottler)  Bedford (Worthen to Minuteman Bikeway)  Bertwell (North Hancock to Williams)  Hamilton (Ledgelawn to North Hancock)  Ledgelawn (Revere to Bedford)  Liberty (Ledgelawn to Hamilton)  Mass. Avenue (Route 128 to Hotel Drive)  Preston (Simonds to Burlington)  Simonds (Bedford to Burlington)  Wyman (Williams to Williams)  Harding (Williams to 200’ past Simonds)  Gleason (Williams to Simonds) The Robinson Road and Concord Avenue (Spring Street to Waltham Street) sidewalks may also be constructed this construction season if they can be fully permitted, shade tree hearings can be completed and any necessary easements granted. There will also be some water main jobs in several areas around the Vine Street/Prospect Hill areas. Also test holes will be put in Mass. Avenue by the east end of Maple Street to get information on the water main and what repairs are possible. Construction on the Revere Street culvert will be completed in the 2015 construction season. Residents are encouraged to check the Public Works website for additional information. Interim Report on School Enrollment Projections Mr. Pato presented the Interim Report of the Ad Hoc Enrollment Working Group. He reviewed: challenges facing Lexington, objectives, enrollment and population trends, enrollment change st that drive resource use, 21 century climbing enrollment, enrollment projections next 5 years, current models which are not working, Lexington births as percentage of enrolled kindergartners, possible growth factors considered, findings on increased enrollment, change in number of LPS students by residence type, change in number of families by residence type, LPS students by apartment complexes, finding of unexpected volatility in student time, major questions, key observation that flexibility is critical, proposed next steps for the Enrollment Working Group, and conclusions. Major questions are: what are the limits to enrollment growth, how much more room is available in the faster growing apartment/condo residential category, how rapidly might growth occur and what is the potential growth in single family dwellings? Selectmen’s Meeting – March 17, 2014 The Working Group’s key observation is that flexibility is critical when planning in the face of uncertainty and multiple scenarios for future enrollment trends need to be considered and solutions need to be created that are flexible and can be adapted. The proposed next steps are: development of a methodology, forecasting in the elementary schools, and forecasting in the middle schools and the high school. In conclusion, migration patterns dominate births for enrollment predictions and housing preferences are changing. This issue will be discussed at a future Selectmen meeting when more information will be available and there will be time for questions. Because of the length of the meeting agenda it was decided to have the Ad Hoc Enrollment Working Group attend a subsequent Selectmen meeting. Ms. Ciccolo asked how the foreclosure crisis has affected the analysis and also whether the working group looked at families who are now sending their children to public schools versus private schools. Mr. Pato responded that there was no mapping on foreclosures, but just that the rate of influx is high. Residents are in market rate apartments and Lexington’s stock is not considered affordable. There does not seem to be a significant change in the number of students switching from private schools to the public school system. This issue needs to be a collaborative effort that the Selectmen and finance committees need to be involved in. The School Committee will be beginning its master planning process with a kickoff session next week. Article Positions and Selectmen Article Presenters Special Town Meeting Article 1 – Electronic Voting Annual Town Meeting Article 2 – Electronic Voting Mr. Pato explained that these articles ask Town Meeting to approve the operating rules prior to using the electronic voting devices. At the request of Mr. Kelley, Mr. Pato will provide the proposed rules and regulations for the electronic voting to him. Four Selectmen support these articles. Mr. Kelley will wait until he reviews the information. Special Town Meeting Article 2 – Cary Memorial Building Upgrades Mr. Pato read a statement regarding his opposition to Article 2 – Cary Memorial Building Updates, of the March 24 Special Town Meeting. He is concerned about the $8 million debt burden to the Town and the potential additional capital to accommodate growing enrollments. Selectmen’s Meeting – March 17, 2014 For him to reconsider supporting this article he would like to see a master plan and a priority of projects to see if the Town can take on the burden. Mr. Kelley, Mr. Cohen and Ms. Ciccolo support this article because of all the effort and support to date, that most of the project will be paid with Community Preservation funds allowing other capital projects to be done with general fund debt service, they are comfortable with the financial model, and they feel the staff can manage the current projects before the public safety and school projects come forward. Ms. Mauger will not support this article at this time for the same reasons as Mr. Pato. She feels that this project is not a top priority because of the new information on growing enrollments in the schools. Special Town Meeting Article 3 – Amend Article 5 of the November 2013 STM, Renovation to Community Center Mr. Pato has a lot of questions on the return on investment for the HVAC system and will not take a position until after hearing from the architects who are doing additional analyses. Mr. Kanter reminded the Board that the Community Preservation Committee keeps a generous reserve and the Town may not go out the full 10 years to pay the $8 million debt for the Cary Memorial Building project. Mr. Cohen reminded the Board that this year the State is providing a 54% matching grant under the Community Preservation Act. Mr. Pato is willing to vote in favor of this project if the debt is shortened but he has concerns about school enrollment and if there will be a need for an additional school. He understands that the State provides significant funding on the Community Preservation Act projects, but feels the Selectmen should consider how much money a tax payer is willing to pay out of their pocket and what the last straw amount would be. Ms. Mauger directed the Assistant Town Manager of Finance to meet with the Capital Expenditures Committee and come up with a revised financing plan so Selectmen can reconsider their position on this article at the next Selectmen meeting. Mr. Cohen feels it is too late not to support the CPC projects. Ms. Mauger asked the Assistant Town Manager to check with the Chair of the CPC to see if they would need to meet again to discuss the CPC articles. Four of the Selectmen support this article. Mr. Pato will wait for additional information. Selectmen’s Meeting – March 17, 2014 Article 8 – Appropriate the FY2015 Community Preservation Committee Operating Budget and CPA Projects Mr. Kelley requested a copy of the CPC report and the positions of the committee members on each project. He will let the Chairman know if he needs any additional information on the CPC proposed projects. The Selectmen will continue article positions at the March 24 Selectmen meeting. Revised Health Insurance Budget Mr. Addelson, Comptroller, explained that the health insurance budget can be reduced by $1 million since the GIC increase is only one percent instead of the estimated six percent increase. He provided options to the Selectmen on ways to use these additional funds, including: supplant debt financing for high school modular construction with $495,000 in cash; supplant debt financing of the Mass. Avenue intersection engineering with $500,000 cash; increase appropriation to OPEB; increase appropriation to the Capital Stabilization Fund by all or some portion; or do not appropriate funds and let revert to Free Cash. The Selectmen support using $495,000 in cash for the High School Modular classroom construction and the remaining $505,000 to be placed in the Capital Stabilization Fund. Appointment – Human Rights Committee The Human Rights Committee requested that Bonnie Brodner be appointed to the committee. Upon motion duly made and seconded, it was voted 5-0 to appoint Bonnie Brodner to the Human Rights Committee for a term to expire September 30, 2016. Resignation – Council for the Arts Victoria Campos submitted her resignation from the Council for the Arts. Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Victoria Campos from the Council for the Arts, effective immediately. Approve and Sign Eagle Letters Congratulating Ian Davis, Thomas Elliott and David Whitman- Kinghorn Upon motion duly made and seconded, it was voted to send letters of commendation to Ian Davis, Thomas Elliott, and David Whitman-Kinghorn congratulating them on attaining the highest rank of Eagle in Boy Scouting. Selectmen’s Meeting – March 17, 2014 Consent One-Day Liquor License – BBQ Festival This request was reviewed by the Police, Public Works and the Town Manager’s Office. The applicant, Steve Eastridge, has provided a procedure that will be followed for serving the beer and cider and he has agreed to pay for four police details (two officers for crosswalks and two officers on alcohol details). Upon motion duly made and seconded, it was voted 5-0 to approve a two-day liquor license for Steve Eastridge to serve beer and cider at the BBQ Festival on May 17, 2014, from 11:00 a.m. to 7:00 p.m., and on May 18, 2014, from 12:00 noon to 4:00 p.m. on Hastings Park. Battle Green Flag Certificate for Gary W. Gerst, Retiring from the Army Upon motion duly made and seconded, it was voted 5-0 to approve the Chairman signing a certificate that a flag was flown over the Battle Green on February 24, 2014, in recognition of Gary W. Gerst’s 42 years of service in the United States Army. Tax Bill Insert – Solarize Lexington-Bedford Upon motion duly made and seconded, it was voted 5-0 to approve a Solarize Lexington- Bedford insert in the next tax bill. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of January 13, 2014, January 27, 2014, February 3, 2014, February 12, 2014 and February 24, 2014. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of January 13, 2014, January 27, 2014, February 3, 2014 and February 24, 2014. Documents Presented 1.Presentation on Medical Marijuana Proposed Zoning, Board of selectmen, Mach 17, 2014. 2.Planning Board Report to the 2014 Annual Town Meeting on Articles 30-32, March 12, 2014. 3.Planning Board Report to the 2014 Annual Town Meeting on Articles 27-29, Citizen Petitions to Amend the Zoning Bylaw, March 12, 2014. 4.Information Packet and Amendment to Article 30, Amend Zoning Bylaw-Medical Marijuana Treatment Centers, presented by Tom Fenn 5.Letter from Tourism Committee opposing marijuana in the center district, dated March 17, 2014. 6.Town Center Streetscape & Battle Green Project Update Given to the Board of Selectmen, March 17, 2014. Selectmen’s Meeting – March 17, 2014 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss:  Strategy in preparation for negotiations with non union personnel;  Strategy in preparation for negotiations with union personnel, the Lexington Municipal Management Association; and  To discuss litigation regarding Sellars v. 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 bargaining and litigating position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 24, 2014 A regular meeting of the Board of Selectmen was held on Monday, March 24, 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 Ms. Mauger recognized the work of the Town Report Committee in publishing the Annual Report for 2013. Grant of Location – National Grid – Old Spring Street Ms. Mauger opened the hearing at 6:02 p.m. This request is to provide service to #149, #149A and #151 Old Spring Street, a private way. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 400 feet of 2 inch gas main in Spring Street (Old Spring Street). The hearing was closed at 6:04 p.m. Appointment – Registrar of Voters Ms. Lawlor’s term on the Registrars of Voters expired on March 31, 2014 and she did not wish to be reappointed. A letter was sent to the Chairs of the Republican and Democratic Town Committees requesting three nominations to fill the vacancy. A response was received only from the Democratic Town Committee. Upon motion duly made and seconded, it was voted 5-0 to appoint Laura Hussong to the Registrars of Voters for a term to expire March 31, 2017. Resignation – Minuteman Cane Award Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Sheldon Spector from the Minuteman Cane Award Committee, effective immediately. Consent Sign the Lexington Bike Walk ‘N Bus Week Proclamation Upon motion duly made and seconded, it was voted 5-0 to approve and sign a proclamation for Lexington Bike Walk ‘n Bus Week, May 9 through 18, 2014. Selectmen’s Meeting – March 24, 2014 Approve Right of First Refusal Minutes Discussion Upon motion duly made and seconded, it was voted 5-0 to approve releasing a portion of the Selectmen executive session minutes of March 10, 2014 regarding the Right of First Refusal for the property at 430 Concord Avenue. Article Positions Special Town Meeting – Article 2 – Cary Memorial Building Upgrades Ms. Mauger announced that she is supporting this article. She still has concerns about the school enrollment uncertainties and the amount of capital projects, but was persuaded by calls she received and she felt it was important to respect her constituents. Mr. Pato is concerned about the long-term financing for this project and asked if there are any options for different financing schemes. Mr. Addelson explained that the model presented included debt service for future projects (Visitor Center, Center Pool and Center Track). If those projects are excluded from the model the debt term for the Cary Memorial Building financing could be reduced to 3 years and would require in one year around FY17 a drawdown of a portion of the 10 percent set-aside for the historic resource reserve that is required by law and could drawn down because it is a historic resource project. Another model, which does not exclude those projects, the term could be shortened for Cary Memorial Building to a 4-year term and require a drawn of a portion of that 10 percent set-aside in a year for the historic resource reserve. Mr. Pato is willing to support Article 2, but will make a minority report at Town Meeting with his rationale for the change. All five Selectmen support Article 2. Special Town Meeting – Article 3 – Amend Article 5 of the November 2013 Special Town Meeting, Renovation to Community Center Mr. Pato had questions on the HVAC system that have been answered. He will support the article. All five Selectmen support Article 3. The Selectmen all support the following articles of the 2014 Annual Town Meeting: Article 2 – Electronic Voting Article 4 – Appropriate FY2015 Operating Budget Article 5 – Appropriate FY2015 Enterprise Funds Budgets Article 6 – Appropriate for Senior Service Program Article 7 – Establish and Continue Departmental Revolving Fund Selectmen’s Meeting – March 24, 2014 Article 8 – Appropriate the FY2015 Community Preservation Committee Operating Budget and CPA Projects: h) Lincoln Park Field Improvements i) Park and Playground Improvements j) Park Improvements – Athletic Fields k) Park Improvements – Hard Court Resurfacing l) Parker Meadow Accessible Trail D&E m) CPA Debt Service n) Administrative Budget Article 9 – Appropriate for Recreation Capital Projects Article 10 – Appropriate for Municipal Capital Projects and Equipment Article 11 – Appropriate for Water System Improvements Article 12 – Appropriate for Wastewater System Improvements Article 13 – Appropriate for School Capital Projects and Equipment Article 14 – Appropriate for Public Facilities Capital Projects Article 15 – Appropriate to Post Employment Insurance Liability Fund Article 16 – Rescind Prior Borrowing Authorizations Article 17 – Establish and Appropriate to and from Specified Stabilization Funds Article 19 – Appropriate from Debt Service Stabilization Fund Article 22 – Appropriate for Authorized Capital Improvements Article 23 – Amendments to the District Agreement of the Minuteman Regional Vocational School District Article 24 – Public Transportation in Lexington (Citizen Article) Article 26 – Amend General Bylaws – Wetland Protection Mr. Kelley requested that a member of the Historical Commission be invited to a Selectmen meeting to discuss their request for Community Preservation Funds. Ms. Ciccolo suggested that there are grant opportunities that should be pursued for this project. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 6:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 26, 2014 A regular meeting of the Board of Selectmen was held on Wednesday, March 26, 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. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Pato reported that with respect to check in at Town Meeting, we have secured a few additional volunteers to help and are looking for ways to speed up the process. Mr. Pato reported that the Sustainable Lexington Committee advises that Lexington is once again eligible to submit an application to the Green Communities Grant Program which would allow for up to $200,000 worth of grants. Lexington has previously been a recipient of these grants. th The new program is open until April 18 and could entertain ideas like replacing or repairing mid-life roofs in anticipation of solar installations, back-up generators, hybrid vehicles and the like. Request from Lexington Minute Men for Use of Battle Green Mr. Poole, Captain Commanding Lexington Minute Men, presented the request for permission to use the Battle Green for occasional drilling through the summer and fall on Saturdays and weekday evenings. The drills usually take approximately an hour to an hour and a half and there is no musket fire. The Minutemen would be dressed in Colonial attire. Mr. Pato commented that the drills would be an interesting attraction and it would be valuable to make the public aware of them. Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green for Minute Men drills, subject to a two week notification of the Selectmen’s Office, for the period from April 1 to October 31, 2014, for up to two hours per drill. Approve Charge and Members to the Monuments and Memorials Committee The Selectmen reviewed the charge for the Monuments and Memorials Committee, the proposed members, and who they are representing. Upon motion duly made and seconded, it was voted 5-0 to adopt the Monuments and Memorials Committee charge, as presented. Upon motion duly made and seconded, it was voted 5-0 to appoint Sam Doran and Gerry McGrath to the Monuments and Memorials Committee for a three year term to expire September 30, 2016. Selectmen’s Meeting – March 26, 2014 Upon motion duly made and seconded, it was voted 5-0 to appoint Linda Dixon and Mike DaRu to the Monuments and Memorials Committee for a two-year term to expire September 30, 2015. Upon motion duly made and seconded, it was voted 5-0 to appoint Charlie Price to the Monuments and Memorials Committee for a one-year term to expire September 30, 2014. Upon motion duly made and seconded, it was voted 5-0 to appoint Peter Kelley the Selectmen representative to the Committee as a voting member. Upon motion duly made and seconded, it was voted 5-0 that the Tourism Committee have a voting member. Approve Request for Discovery Day Street Fair Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Retailers Association detailed in a letter dated March 14, 2014 to have exclusive use of the Muzzey Street/Waltham Street parking lot on Saturday, May 24, 2014 (rain date May 31) from th 5:00 a.m. to 5:00 p.m. for the 35 annual Discovery Day Street Fair, to erect seven temporary signs, park a flat bed trailer in Lexington Center and provide free parking, subject to having a pre-event meeting with staff from Police, Fire, DPW and to work out the details. Communications Advisory Committee Recommendations on Municipal WiFi Mr. Pato updated the Board on the Communications Advisory Committee’s (CAC) recommendation regarding providing wireless internet communications (“WI-FI’) in town buildings. The CAC endorses the idea of free, Town-provided WI-FI in municipal buildings for use by both Town employees and the general public. The Committee recommended a few policy principles and is offering their expertise in helping town staff in developing the process to move forward. Ms. Mauger commented that next steps would be to advise committee representatives to meet with the Town Manager to understand the impact from staff. The Town Manager will then get back to the Board with recommendations. Request of the Tourism Committee to Make Report to the Annual Town Meeting Mrs. McKenna, Chair of Tourism Committee, has had a chance to connect with Mr. Kelley, the Tourism Committee’s liaison, Ms. Brown, Town Moderator and Ms. Fenollosa, chair of the Community Preservation Committee and is satisfied that the Tourism Committee can do what they need to do under Article 8(b) so they don’t need to do a separate report. Ms. Mauger asked the Board’s thoughts on whether there should be a policy about Committees making reports at Town Meeting. She suggested that this be an agenda item at a future meeting. Selectmen’s Meeting – March 26, 2014 Consent - Sign Battle Green Flag Certificate for Retiring Marine Tirone Upon motion duly made and seconded, it was voted 5-0 to sign a certificate that the flag was flown on the Battle Green in honor of retiring Major Michael G. Tirone of the United States Marine Corps on March 20, 2014. Article Positions The Selectmen discussed Article 28 – Amend Zoning By-Law – Allow For-Profit Educational Uses in the Neighborhood Business District and Remove Size Limitation. Ms. Ciccolo updated her position from No to Wait. The Selectmen discussed Article 30 – Amend Zoning By-Law – Medical Marijuana Treatment Centers. Mr. Pato updated his position on the Fenn Amendment from No to Wait. With the exception of Ms. Mauger, the Selectmen support Article 8 (b) Visitor Center – Design Phase. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 6:58 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting March 31, 2014 A regular meeting of the Board of Selectmen was held on Monday, March 31, 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. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Pato commented that on Wednesday night the Selectmen will be addressing a letter Mr. Pato is requesting to be sent to the Division of Open Government at the Office of the Attorney General regarding email on the TMMA list from Board Members. There is a small change that will be given to staff for inclusion in Wednesday’s packet. Town Manager Report Mr. Valente reported on the new brochure from Lexington’s Economic Development Office called “Welcome to Bio Pharma in Lexington!” This will be sent out to Commercial Real Estate Brokers shortly and posted on the Town’s website. Mr. Valente reminded folks that on April 4, 2014 at the League of Women Voters First Friday Forum at Cary Library, Ms. Tintocalis, Economic Development Officer, Mr. Kucharsky, Planner, and Mr. Michelson, chair of the Center Committee will be talking about some of our plans for parking in Lexington Center. Farmer’s Market Review/Schedule for 2014 Rosie Wall, Market Manager and Martha Sloane provided a summary of the 2013 Market and what is coming for 2014. Last season the market hosted 36 farmers and vendors, 21 non-profits, 37 artists, 27 performers for entertainment, several festivals, kid’s activities, a fundraiser for SNAP, some educational offerings, and approximately 720 customers. Ms. Wall thanked volunteers, corporate sponsors and community partners. th In 2014 the Lexington Farmer’s Market will be in its 10 year. The Market will be open on Tuesdays from May 27 to October 28 from 2:00 p.m. to 6:30 p.m. Ms. Wall is in the process of filling out paperwork to request permission to include two new hard cider vendors, Cars Cider House of Hadley, MA and Down East Cider of Charlestown, MA. Ms. Mauger reported that the Selectmen’s Office is waiting to get some information from the Alcoholic Beverages Control Commission. Once we have that information, we will have Ms. Wall come back and the Board will discuss it at that time. Selectmen’s Meeting – March 31, 2014 Approve Request for Landscaper to Work Evenings Mr. Leck of ValleyCrest Landscape Maintenance requested permission to work in the evenings to clean the sand and debris from several commercial properties on Hartwell Avenue and Bedford Street during the month of April between the hours of 5:00 p.m. and 12:00 a.m. He explained in his email request that the number of cars in the parking lots at these commercial properties makes it nearly impossible to do the work during regular business hours. Mr. Kelley commented that because of its proximity to residences, the hours for work at the property on Bedford Street should be limited to 10:00 p.m. Upon motion duly made and seconded, it was voted 5-0 to approve the request of ValleyCrest Landscape Maintenance to work between 5:00 p.m. and 12:00 midnight at 17, 32 and 91 Hartwell Avenue and between 5:00 p.m. and 10:00 p.m. at 420 Bedford Street for spring clean up. Approve Increase in Fire Permit Fees Mr. Valente reported that Chief Wilson has recommended an increase in four Fire Department Fees. These increases are consistent with the Town Manager’s FY15 Budget Recommendation. The Fire Department budget provides for an increase in hours for the Fire Prevention Clerk (5 hours), at a cost of approximately $5,600. The Town Manager’s recommendation for these additional hours was contingent on adjusting Fire Department fees to offset this additional cost. Upon motion duly made and seconded, it was voted 5-0 to establish the following fire prevention fees, effective July 1, 2014:  Aboveground storage tank installation/removal: $50  Oil burner inspection: $50  Propane storage installation: $50  Underground storage tank installation/removal: $200 Appointments Communications Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Steve Iverson to the Communications Advisory Committee to fill the unexpired term of Jim Goell until September 30, 2014. Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Gail Rogers to the Human Services Committee for a term to expire September 30, 2016. Selectmen’s Meeting – March 31, 2014 Article Positions Article 8 - Appropriate the FY15 Community Preservation Committee Operating Budget and CPA Projects b) Visitor Center – Design Phase - Ms. Mauger updated her position from No to Yes. All of the Selectmen supported: c) Hastings Park Gazebo Renovations d) Historical Commission Inventory Forms for Listed Buildings e) Battle Green Streetscape Improvements f) Vynebrook Village Renovations g) LexHab Set-Aside Funds for Development of Community Housing at the Busa Property Ms. Mauger summarized Mr. Kelley’s comments by suggesting first, that in the future there should be more presentations and connection between LexHab and the Board. She asked Mr. Cohen, the liaison for LexHab, to see that it comes in to play. Second, Ms. Mauger proposed putting on a pending agenda to bring in the Chair of the Design Advisory Committee (DAC) and other representatives along with LexHAB to discuss creating a role for the DAC with LexHab. Third, to take an approach on this item, if we approve it to go forward, that before appropriation there needs to be another step in terms of returning to the Board on design elements. Ms. Ciccolo is open to having LexHAB come back and talk to the Board, but doesn’t want to do it in such a way that would prevent their process from moving forward. Mr. Cohen and Mr. Pato concurred. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss Patriots’ Day deployment of security personnel or devices, or strategies with respect thereto; 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 to adjourn at 7:10 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk