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HomeMy WebLinkAbout2014-08-BOS-min Selectmen’s Meeting August 25, 2014 A regular meeting of the Board of Selectmen was held on Monday, August 25, 2014, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, Mr. Cohen, and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Public Comments Mr. Handwerker, 17 Pine Knoll Road, read a statement to bring to the Board’s attention his inability to view requested public records of certain Boards and Committees that should be available to the public during business hours because they have not been submitted to the Town Clerk’s Office. He also found that some elected officials had not submitted to the Town Clerk their signed Certification Letters. He asked the Selectmen to address these very important issues. Mr. Pato stated that the issue had been discussed at the Board’s Goal Setting Meeting in June and would be discussed later in the meeting. Mr. Cohen clarified that most of Mr. Handwerker’s comments related to public records law, not the open meeting law. He did not know about the issues but felt they should be looked into. Selectmen Concerns and Liaison Reports Mr. Canale, the Selectmen’s Designee on the Metropolitan Planning Organization (MPO) explained that the MPO has 22 members that make decisions, 14 of which are municipalities. Lexington is currently one of two at-large members that were elected two years ago; the term ends in November. He believes it makes sense for Lexington to continue and to run for reelection. He has received inquiries from other municipalities whether Lexington plans to run for reelection and he asked the Selectmen if they support his recommendation to run for reelection. He would like to let other municipalities know as early as possible that Lexington is going to seek reelection. The Board supports Lexington continuing as a member of the MPO and thanked Mr. Canale for being Lexington’s Designee and attending all of the meetings. Mr. Canale will notify other municipalities of Lexington’s intent to seek reelection. Nominations are due by October 2 Ms. Ciccolo announced the great news that the State will be funding the Complete Streets Program. She is looking forward to the program being launched. Selectmen’s Meeting – August 25, 2015 Approve Modifications to Lexpress Route 4 Ms. Rebecchi, Transportation Coordinator, explained that since the implementation of the new FY2015 Lexpress route system there has been a 23 percent increase in July ridership, but the new Route 4 is struggling to meet its schedule at certain times of the day. The Transportation Advisory Committee (TAC) and the Lexpress drivers are in agreement that minor adjustments are needed soon to improve the Route 4 on-time performance. The adjustments include: reversing the direction of the Bedford Street/Massachusetts Avenue loop, removing the Worthen Road segment and reversing the direction of the Winchester Drive/Fairlawn Lane loop. To achieve a mid-year schedule modification, the FY2015 schedule needs to be reissued on October 1 and included in the fall tax bill. Reissuing the schedule to all households will provide publicity for the new GPS tracking service that will be rolled out starting October 1, 2014. Real- Time GPS Tracking will provide a live map showing real-time location of the bus on each route, a smartphone app, text message alerts and custom reports. Upon motion duly made and seconded, it was voted 4-0 to approve the Lexpress Route 4 modifications effective October 1, 2014, as presented. Update on Alewife Shuttle to Hartwell Avenue Ms. Tintocalis, Economic Development Director, provided information that the property owners have agreed to provide the necessary 60 percent ($103,675) of the cost to continue the Hartwell Avenue commuter shuttle for another year, with the Town providing 40 percent ($69,117). Goals for Year 2 of the shuttle include: securing CIC Grant funding and/or other sources to fund Year 3, promoting service to commercial brokers, increasing ridership by 50 percent and encouraging property owners to add the shuttle expense into their annual operating budgets. The Appropriation Committee is supportive of funding the Town’s contribution through a Reserve Fund Transfer, given the September 1 start date of the service continuation. Ms. Tintocalis is exploring the potential for advertising and including in the schedule the opportunity for deadheads to use the shuttle. Upon motion duly made and seconded, it was voted 4-0 to approve a request to the Appropriations Committee for a Reserve Fund Transfer of $69,120 for the Town’s portion of “The REV” shuttle service between Alewife and Hartwell Avenue area businesses. Approve Comcast Cable TV Renewal License Mr. Lauriet, Mr. Becker and Mr. Buczkowski, members of the Communications Advisory Committee (CAC) Negotiations Subcommittee, presented the proposed 2014 Comcast Renewal Selectmen’s Meeting – August 25, 2014 License and explained that a few changes were made to the renewal license to fix obsolete language, but no substantial changes were made to the 2004 Comcast license. The proposed renewal license will be in effect from September 1, 2014 through August 31, 2024. Mr. Cohen asked how the CAC makes sure Comcast is up to date with their insurance and performance bonds requirements. Mr. Buczkowski responded that forms are sent every year with the necessary information and that the CAC keeps track of the forms to make sure Comcast is up-to-date. Upon motion duly made and seconded, it was voted 4-0 to approve and sign the proposed Cable Television Renewal License for Comcast of Massachusetts III, Inc. for the term September 1, 2014 through August 31, 2024, as presented. Discuss 21 Muzzey Street Proposed Mitigation Agreement Mr. Valente presented the proposed draft agreement for the Selectmen’s consideration. He explained that this was a continuation from the Board’s meeting on July 28 regarding the proposed development at 21 Muzzey Street where the Board authorized the Town Manager to negotiate, for the Selectmen’s review, a Memorandum of Agreement (MOA) with the developer of the property to mitigate the zoning requirement for parking. Given the documented limited parking in the Center, Town staff recommended that the Board of Appeals should not waive the parking requirements for the proposed development in the Center without the applicant participating in mitigation and/or other alternative measures. Mr. Cataldo, Owner of 21 Muzzey Street, provided background on the proposed development. He received conflicting information from the Board of Appeals and the Zoning Administrator on his request for zoning relief for parking spaces. So he was surprised by the Town’s request for mitigation since Via Lago received a waiver for parking spaces a short time ago without a mitigation agreement. His only issue with the proposed Mitigation Agreement is the per space per year fee. Ms. Ciccolo asked how the $675 per space amount was calculated and thought it was too low and asked how it was calculated. Mr. Valente explained how the cost was calculated using existing data on building parking lots and taking into consideration that it is less expensive for a developer to build a parking area. The Parking Meter Fund covers the cost of maintenance and enforcement. Asked about Via Lago’s recent request and approval to waive additional parking spaces, Mr. Valente responded that it happened during the same time the Selectmen were reviewing the parking plan and staff missed the opportunity to request mitigation through the Board of Appeals. Selectmen’s Meeting – August 25, 2014 Mr. Cohen questioned the language regarding reopening the agreement. He feels there is no precedent being set because all developments are different. Mr. Valente explained that this proposed development will be the first to include a Mitigation Agreement that the Selectmen will have to approve. He has asked the Center Committee to put together basic guidelines so property owners will know what the rules are. If those guidelines are less onerous than the approved Mitigation Agreement the language for reopening the agreement would protect the developer. Mr. Kelley suggested that the Mitigation Agreement should be tied to new created space rather than existing spaces being used for something different. Mr. Cataldo believes the parking formula should be the same for everyone. Mr. Johnson, representing the Center Committee, read a letter dated August 21, 2014, from the Center Committee to the Board of Selectmen regarding the 21 Muzzey Street CB District Development Proposal. In the letter they request consideration of the following: kick start the Parking Management Plan, public subsidy of private need vs. private/public partnership of underutilized land, leap frogging existing businesses’ needs, holistic approach to handicap parking needs, assurance of bicycle parking on private property and clarify the procedures, timing, personnel and penalties of the MOU. Mr. Valente explained staff is still in the process of negotiating spaces at St. Brigid Parish. There is a long waiting parking permit list for the Depot, Church of Redeemer and the Town Office Building parking lots. The hope is that the St. Brigid lot would be less expensive and would be an incentive to permit parkers to park and walk. None of the parking permits spots are guaranteed. Mr. Kanter, 48 Fifer Lane, shares the Center Committee’s concern about the relative value of what is being allowed and he endorses further consideration. The idea of allowing developers to offset required spacing by eating into the existing inventory is inappropriate and diminishing inventory is counter-productive to the long-term plan. He was also concerned with the reopening language and feels the Town deserves to have the current agreement remain in place. Mr. Lyons, Abutter, stated parking in the area is a nightmare and it is difficult to find tenants and parking. He feels this development is new, not existing, and it will have a demand for 40 parking spaces. He is concerned about the impact on the immediate neighbors and how parking will be dealt with and where it will come from. Mr. Palant, Retired Pediatrician in Lexington for many years, was concerned about the pressure put on families and patients to find parking and be on time for appointments. Selectmen’s Meeting – August 25, 2014 Mr. Valente feels the new parking plan being discussed can address the parking issues brought up. The parking plan includes steps to improve efficiency and involves the town working with private property owners that would provide a significant number of additional spaces in the center. The proposed parking plan looks at doubling the cost of permit spaces closest in and reducing those further out to provide incentive to free up close spaces for those doing business in the center. The parking plan has number of pieces that all will need to work together. The Selectmen decided to continue working on the agreement and discuss again at the next Selectmen’s meeting on September 22. Upon motion duly made and seconded, it was voted 4-0 to continue negotiations between the Selectmen and 21 Muzzey Street LLC to mitigate the zoning requirement for parking for the proposed development. Update on Shade Street Traffic Calming Project Mr. Valente updated the Board on the proposed Shade Street traffic calming project which has three components: traffic calming – speed humps, raised intersections, signage and striping ($225,000), pedestrian safety – limited sidewalk extensions ($85,000), and vehicle safety – improvement to Weston Street/Lincoln Street and Shade Street/Weston Street intersections ($150,000). Because the $460,000 estimated cost is substantially greater than was projected, Engineering wanted to discuss whether the Selectmen wanted to bid the entire project or components. Ms. Ciccolo disclosed that she was a resident of Shade Street and has been involved with the project, but feels she can continue participating in discussions of the projects. Mr. Pato supports speedy action. Mr. Kelley is concerned about the total cost and asked if speed bumps could be installed as a simpler less costly alternative. Mr. Cohen feels some of the issues should be addressed, but is concerned about bidding the entire project. Mr. Pato asked if Engineering could quickly provide some detail of design options to the Selectmen and ways to move the project ahead without delay. Ms. Blier, Shade Street, provided pictures of the dangerous situation on Shade Street and wanted to know what the plan is to move the project forward quickly. Selectmen’s Meeting – August 25, 2014 FY2015 Water/Sewer Rate Setting and Analysis Mr. Addelson, Assistant Town Manager of Finance, stated this presentation would be the first of three discussions regarding Water/Wastewater rates for FY2015. He reviewed the results of the FY2014 water and sewer operations, billed consumption and retained earnings history; presented the FY2015 water and sewer budgets as adopted at the 2014 Annual Town Meeting and proposed revisions to the budgets; and presented preliminary water and sewer rates for FY2015. At the September 22 meeting Selectmen will receive public comments on the preliminary water and sewer rates for FY2015 and on October 6 the Board will vote on the recommended FY2015 water and sewer rates. After reviewing the information, Mr. Kelley does not feel it justifies a 5 percent increase in rates. Mr. Kanter, 48 Fifer Lane, endorses an increase in retained earnings if it is considered viable to mitigate the proposed increase. He is bothered by increased usage and that there is no incentive for users to reduce water usage. He feels the Town has a responsibility to incentivize all users to lower water usage and that the Board should provide guidance to staff that there ought to be a progressive nature to the impact as the usage increases and that it has to be a recognizable and meaningful differential between the tiers. Mr. Addelson has been working on reducing the dependence on retained earnings for the operating budget on retained earnings for several years. The goal is to have retained earnings applied to capital spending instead of the operating budget. Mr. Valente announced that Erik Gitschier, Superintendent of Water and Sewer has taken a position with the City of Lowell. He has worked in Lexington for 3 ½ years. He praised Mr. Gitschier’s passion for public service and the Town has benefitted from his management of the water and sewer billing system which was in disarray when he arrived. Mr. Addelson stated Erik has been a tremendous partner, teammate and asset to the Town and he will be missed. Nominate Bob Martin to be Honorary Commander of Hanscom The new Hanscom Air Force Base Commander is requesting nominations for appointing an Honorary Commander of Hanscom who has strong ties to the community. Mr. Cohen suggested that Robert Martin would be an excellent candidate because of his prior work as Lexington’s Veteran Service Officer. Mr. Pato will send Robert Martin’s bio and a cover letter nominating him to the Hanscom Commander. Selectmen’s Meeting – August 25, 2014 Upon motion duly made and seconded, it was voted 4-0 to nominate Robert Martin to be an Honorary Commander of Hanscom Air Force Base. Review and Prioritize FY2015 Goals Mr. Pato asked the Board to review the list of proposed goals for FY2015-2016 that came from the June 19 Goal Setting meeting and provide and be prepared to discuss at the next Selectmen’s meeting which goals are most important and which may need to be delayed. Approve Class II License Name Change – Mabuchi Motorcars Mr. Mabuchi submitted an application to change the dba on his license from Scott Mabuchi to Mabuchi Motorcars. Upon motion duly made and seconded, it was voted 4-0 to approve the application and issue a class II license to Scott The Car Guy, LLC d/b/a Mabuchi Motorcars, 401 Lowell Street. th Vote to Include School Committee Vacancy on the November 4 Special Election Ballot Mary Ann Stewart submitted her resignation from the School Committee, effective August 14, 2014 to allow enough time for the Selectmen to include the vacancy on the November 4 Special Town Election. Upon motion duly made and seconded, it was voted 4-0 to include the School Committee vacancy on the ballot of the Special Town Election scheduled for Tuesday, November 4, 2014, in combination with the 2014 State Election. Selectmen Committee Changes 2020 Vision Committee Upon motion duly made and seconded, it was voted 4-0 to appoint Margaret Coppe (representing the School Committee), Joe Pato (representing the Selectmen) and Ginna Johnson (representing the Planning Board) to the 2020 Vision Committee for one-year terms to expire September 30, 2015. Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 4-0 to appoint Carolyn Levi to the Bicycle Advisory Committee for a term to expire September 30, 2017. Hanscom Area Towns Committee (HATS) Mr. Pato has agreed to be a member of HATS, representing Lexington, at least until a new Selectmen is elected and the Selectmen roles are reviewed again. Selectmen’s Meeting – August 25, 2014 Upon motion duly made and seconded, it was voted 4-0 to appoint Joe Pato to the Hanscom Area Towns Committee. Monuments and Memorials Committee Upon motion duly made and seconded, it was voted 4-0 to approve the proposed changes to the Monuments and Memorials Committee charge reflecting that the Selectman will be a Liaison instead of a member. Future Meetings The Selectmen decided to schedule the following meetings: Regular Meetings: September 22, October 6 and 20, November 3 and 17, and December 1 and 22. Department Budget Presentations will be scheduled for December 1, 2 and 4 at beginning at 8:30 a.m. and on December 3 at beginning at 9:30 a.m. Budget Collaboration/Summit meetings will be scheduled for October 2, 2014, November 12, 2014, December 18, 2014 and January 15, 2015. Town Manager Appointments Conservation Commission Upon motion duly made and seconded, it was voted 4-0 to approve the Town Manager’s appointment of Alexandra Dohan to the Conservation Commission to fill the unexpired term of Stew Kennedy until March 31, 2016. Recreation Committee Upon motion duly made and seconded, it was voted 4-0 to approve the Town Manager’s appointment of Ruixi Yuan to the Recreation Committee to fill the unexpired term of Howard Vogel until May 31, 2017. Consent Agenda Use of the Battle Green – Battle Road Memorial March Upon motion duly made and seconded, it was voted 4-0 to approve the request of the U.S. Army rd Reserve’s 3 Legal Operations Detachment to use the Battle Green on Saturday, October 4, 2014, from 6:30 a.m. to 10:00 a.m. for the beginning of the annual Battle Road Memorial March. Selectmen’s Meeting – August 25, 2014 One-Day Liquor Licenses – Class of 54 Reunion Upon motion duly made and seconded, it was voted 4-0 to approve two One-Day liquor Licenses th for Peter Lund (LHS Class of 1954) to serve beer and wine for two 60 Reunion events: September 26, 2014 from 4:00 p.m. to 8:00 p.m. at the Cary Memorial Library and September 27, 2014 from 12:00 noon to 3:00 p.m. at the Depot Building. One-Day Liquor License – Lexington Community Farm Upon motion duly made and seconded, it was voted 4-0 to approve a one-day liquor license for Lexington Community Farm to serve wine and champagne for a Dinner on the Farm and Thank You to donors on Sunday, September 28, 2014, from 5:30 p.m. to 9:00 p.m., at 52 Lowell Street. Approve Assistant Town Manager for Finance/Comptroller Review Upon motion duly made and seconded, it was voted 4-0 to approve the Annual Performance Review for Rob Addelson, the Assistant Town Manager for Finance/Comptroller, for the period March 2013 to March 2014. Approve Selectmen Executive Session Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the executive session minutes of June 9, 2014. Executive Session Upon motion duly made and seconded, it was voted 4-0 to go into executive session to consider the purchase, exchange, lease or value of real property, 430 Concord Avenue, and a potential fire station site, 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 position of the Town. Upon motion duly made and seconded, it was voted 4-0 to adjourn at10:50 p.m. A true record; Attest: Lynne A. Pease Executive Clerk