Loading...
HomeMy WebLinkAbout2014-10-BOS-min Selectmen’s Meeting October 6, 2014 A regular meeting of the Board of Selectmen was held on Monday, October 6, 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 Comment Ms. Crocker, Sidewalk Committee as the Safe Routes to School Coordinator, provided the Board with the Safe Routes to School Annual Report. This report tells what SRTS is and isn’t, includes the 2014-15 Program Calendar and Safety Tips Bookmark, lists recent accomplishments and provides a list of goals they are working on. Ms. Frymer, 64 Asbury Street, asked the Selectmen to consider a ban of toy weapons for the LexFUN Halloween parade on the Battle Green. She read a letter she sent to the Lexington Minuteman and was printed in the October 31, 2013 paper. Selectmen Concerns and Liaison Reports th Mr. Pato reported on Brookhaven’s 25 Anniversary celebration and congratulated them and thanked them for honoring the Town and donating to Lex-Connect. Grant of Location – National Grid – Cedar Street Mr. Pato opened the hearing at 7:10 p.m. Ms. Phoenix, National Grid Representative, requested the Board’s approval for National Grid to install a 4” gas main in Cedar Street from the existing 4” main at Paul Revere Road westerly to House #87 for new service to House Numbers 80, 81, 86 and 87. Upon motion duly made and seconded, it was voted 4-0 to approve the petition for National Grid to install and maintain approximately 370 feet of 4” gas main in Cedar Street. The hearing was closed at 7:11 p.m. Cubist Proposed Expansion Presentation Mr. Buckley, Riemer Braunstein; Mr. DesRosier, Executive Vice President, Chief Legal and Administrative Officer for Cubist Pharmaceuticals; and Ms. Reilly, Director, Corporate Communications and Philanthropy for Cubist Pharmaceuticals presented their proposed plans for expanding the Cubist Pharmaceuticals campus located at 45-65 Hayden Avenue. They are excited to be in Lexington and would prefer to grow in Lexington. Selectmen’s Meeting - October 6, 2014 They showed drawings of the proposal to build a four or five level office building and six to seven level parking structure on property that they currently own and which is currently a paved area. The proposed plan will allow Cubist to grow through at least 2020. They will be proposing a FAR larger than they have for Phase 1 to allow flexibility to move forward with their future needs. Cubist would like to bring their request to the next Annual Town Meeting or an earlier Special Town Meeting if one is scheduled. Ms. Ciccolo noted that 46 of Cubist’s employees live in Lexington and she hopes as Cubist expands preference might be given to Lexington residents which provides a good quality of life for the employee, the community and is good for Cubist to have their employees close by. Mr. Kanter, Town Meeting Member, looks forward to seeing specificity with respect to the proposed build out. Report from Wendy Manz on Visitor Center Renovations At the 2014 Annual Town Meeting funds were approved for the renovation and possible expansion of the Visitor Center. A consensus on the program for the Visitor Center has not been reached. Ms. Manz agreed to meet with the various tourism stakeholders to understand and evaluate the various programming options. Since Ms. Manz completed her report, the Town has taken over the daily operations of the Visitor Center, which was previously operated by the Chamber of Commerce. Ms. Manz, after discussing with Mr. Valente, started the conversation with stakeholders to answer the question: what tourism program is appropriate and what would be the appropriate renovations to support that program. She also felt tourism should be discussed more broadly because of the differences of opinion on how to proceed. She talked with members of the Tourism Committee, Center Committee, Chamber of Commerce, Historical Society, and a number of citizens in town who have participated in one of these groups to see if she could get a sense of the areas where there was consensus and disagreement and how best to move forward. Her report is a detailed account of her discussions with the stakeholders. She felt it was not her place or ability to come up with specific proposals regarding tourism, but has portrayed points of view and concerns and has proposed an approach to move forward to a consensus. The threshold questions are: 1.Does the Town of Lexington wish to pursue tourism, either as a source of revenue or for other reasons? 2.If so, what benefits do we expect to realize from doing so? 3.What resources does the town have to offer tourists? 4.What is the cost (in both labor and money) of preserving, maintaining, and presenting each of these resources and how does it compare with the benefits of doing so? Selectmen’s Meeting - October 6, 2014 5.Who or what entity is going to bear the costs identified? 6.Who or what entity should make policy decisions on which tourism initiatives to pursue, and how to coordinate them so that they augment rather than compete with each other. There is consensus with Question 1 and 2 that the Town does want to pursue tourism for possible revenue, economic development, and the Town’s unique historical resources and the opportunity to tell the story as no one else can. It is the Town’s duty to preserve our historic resources and present them to the public and make them accessible to tell the story of the history of Lexington. Question 3 can be answered, but the problem is with the overlap of effort. Stakeholders feel there needs to be an analysis of all the resources/categories so that the stakeholders can come up with programs that complement and augment each other. Also a cost benefit analysis should be done for all the programs, the cost to run the programs and where the money is coming from. Because of the complexity of this issue, the Town needs to become more active in managing the tourism program (who does what, what is worth doing, how many resources are used, who is responsible, and how much town funds are used). Stakeholders are looking for a Town department to be the central planner and coordinator of efforts. Mr. Pato believes Lexington is and needs to be a tourism destination because of its role in history. The Selectmen need to decide how to take advantage of being a destination for tourists and also deliver the best services for the community and other visitors. Since this report was written the Town has taken over operation of the Visitors Center and gift shop from the Chamber of Commerce. The Board should consider whether the Visitors Center should be operated by volunteers or be coordinated and managed by a department. Ms. Tintocalis, Economic Development Director, updated the Board on the Visitors Center since the town took over the operations, personnel, inventory and collaboration with the Tourism Committee and Historical Society. Systems like phone and internet have been connected with the Town systems. The Visitors Center will remain open seven days a week and is being handled by five employees. They are establishing new vendors and working with old vendors to stock the gift shop. Ms. Tintocalis is collaborating with the Tourism Committee and Historical Society to make sure everyone is communicating to understand the needs and the visions for moving forward. Also, the Visitors Center is selling the Historical Society house tickets and they are looking at options for physical space for Liberty Ride needs. Mr. Kelley thanked the staff for keeping the Visitors Center going during the busiest tourism season. Going forward this is the Town’s opportunity to decide on the best way to handle its responsibilities for tourism and how to structure the programs, which requires understanding all the options and a commitment for a renovated Visitor Center. He feels the Tourism Committee should pull together the options and present them to the Selectmen for consideration as soon as possible so can be part of the budget process. Selectmen’s Meeting - October 6, 2014 Ms. Ciccolo agrees with Mr. Kelley. Her prime concern is for the Visitors Center to be a self- sustaining model with clear performance goals for operation of the center with a heavy emphasis on how to continue to improve communications with all the stakeholders. Mr. Cohen believes the Selectmen need to take the lead on what happens next. He feels the Visitor Center gift shop has already improved the offerings which they need to continue building on. We also need to look at all the assets the Town has related to tourism and come up with a plan for the building that can be ready for the next annual town meeting. Mr. Pato underscored that the Tourism Committee charge includes a number of stakeholders and he encourages stakeholders to fill the vacant seats. It is critically important to move forward with a coordinated view to consider tourism and its values in one place. Money was appropriated to look at how to modify the Visitors Center and steps should be taken to come up with a design and programmatic mission. Mr. Cohen suggested that before the next Annual Town Meeting there needs to be a set timeline and plan for the Visitors Center. Mr. Kelley said that a commitment was made not to spend the appropriated funds for design and improvements until there was a clear program. It is important for the Tourism Committee to get options to the Selectmen soon. He wants to get the Visitors Center building renovated appropriately for whatever program the Selectmen decide on. Ms. Manz asked about whether the Selectmen needed to look at the option mentioned previously to use the Depot Building as the Visitors Center prior to focusing on the existing Visitors Center. Mr. Pato stated that using the Depot Building as the Visitors Center was an open question that the Board has not addressed yet. Ms. Brandin, member of the Tourism Committee, asked that before the Selectmen accept Ms. Manz’s report that the Tourism Committees comments be corrected in the report, and that a copy of the Liberty Ride brochure and Official Visitors Guide & Map be attached to the report as part of the permanent record. The three comments were: 1) statement by the Chamber of Commerce regarding the Visitors Center design; 2) statement of Historical Society Representative regarding equal billing in the Town’s brochures, website, etc. and the delivery of tourists to Concord; and 3) statement by Tourism Committee Representative regarding subsidies for the Liberty Ride. Ms. Brandon also wanted to emphasis that people come to Lexington for more than its history and they need to be welcomed and made aware of what Lexington has to offer for them. Overlapping of services is not just a matter of who talks on certain topics; different audiences want different things and the Town needs to serve all the different audiences. Mr. Pato requested Ms. Manz look into and clarify the Tourism Committee comments in her report before the Selectmen accepted the report and Ms. Manz agreed to do that. Selectmen’s Meeting - October 6, 2014 Ms. McKenna is grateful to the Selectmen for taking over the operation of the Visitors Center. The Tourism Committee feels this is an opportunity to finally deliver services to visitors in the best interest of the town as a whole. She mentioned that the People Counter shows that between February and September 81,617 visitors came into the Visitors Center (25% from the bike path and 75% from the Battle Green). This year, to better understand the economic development connection, the Tourism Committee reformatted the Liberty Ride coupons; they know that at least 679 people used the coupons in local businesses. The Tourism Committee is a committee of the Town and they have been working hard on the transition of the Visitors Center to the Town and look forward to continuing to work with the Selectmen and staff. Ms. Rynn, Visitors Center Manager, was happy to hear the Selectmen say that the Visitors Center has already become more welcoming since the Town took over operations. It has become apparent to her that the present operation with the present staff needs to be evaluated and the Town has provided an opportunity to take a broader view and mend relationships that were injured over the years. She requested that the Selectmen slow down the implementation of tourism ideas until the Board does an analysis as Ms. Manz suggested and decides on how the Visitors Center should be operated. Mr. Ross, past President of the Historical Society, hopes the Selectmen will follow through on the strategies/recommendations in the report. Ms. Rockwell, 366 Lowell Street and past President of the Historical Society, is pleased with the report and agrees that renovations need to be done but does not want the Visitors Center to be an attraction. Endorse Community Innovation Challenge Grants Ms. Tintocalis, Economic Development Director, is working on an application for the FY2015 Community Innovation Challenge (CIC) grants requesting funds to continue the operation of the REV Bus service through April 2016. In addition, the Town has been asked to lend its support to two other CIC grant applications: one for the creation of the Middlesex 3 Transportation Management Association and one for the support of the MAPC Parking Meter Technology Program. The REV Bus Project grant is for $86,500. The funding would be used to extend the operation period and to sustain the service for an additional 12 months while cultivating ridership and allowing time for property owners to incorporate future contributions into their operating expenses so that the REV will operate exclusively on private funds and fares by the end of 2016. Service covers the area along Route 2 and 95 North. The Town of Bedford would also be a co- applicant for this grant. The Middlesex 3 Transportation Management Association Project grant is for $139,400. The funding would be used to create a transportation management association and to hire a Transportation and Workforce Development Coordinator to assist businesses, developers and Selectmen’s Meeting - October 6, 2014 community groups in the towns of Bedford, Billerica, Burlington, Chelmsford, Lexington, Tewksbury, Tyngsboro, Westford and Lowell. The Association would address and coordinate transportation resources along Route 3 to 495 as well as link workforce development needs with education resources. The MAPC Parking Meter Technology Program grant is for $260,000. The funding would be distributed to participating communities to help purchase new meter technology that will allow for demand-based pricing within 2015. Upon motion duly made and seconded, it was voted 4-0 to support and authorize the Chairman to sign three Community Innovation Challenge Grant applications, including: 1) The REV Bus (Town of Lexington as lead applicant); 2) Middlesex 3 Transportation Management Association (Middlesex3 Coalition as lead applicant); and 3) MAPC’s Parking Meter Fund (MAPC as lead applicant). Vote the FY2015 Water/Sewer Rates Mr. Addelson, Comptroller, presented revised FY2014 operating results, FY2015 proposed budgets, retained earnings history, irrigation usage, proposed FY2015 rates – Option 1, proposed FY2015 rates – Option 2, impact of preliminary rates on low/average/high users for Options 1 and 2, and non-rate revenue recommendations. Mr. Kanter encouraged the Board to select Option 2, but was disappointed and urged the Selectmen to make the rates more progressive between tiers. Mr. Bartenstein, Precinct 1 and member of the Appropriation Committee, recommends Option 2. Mr. Cohen supports Option 2. He suggested that the Town may have to look into adopting a surcharge on water/sewer charges, similar to the CPA surcharge, which would go into the retained earnings account. Upon motion duly made and seconded, it was voted 4-0 to approve the following FY2015 water and sewer rates shown below: Residential/Commercial/Industrial Water Sewer Block 1 $ 3.45 $ 7.05 Block 2 $ 5.18 $11.52 Block 3 $ 6.82 $18.31 Irrigation $ 6.82 NA Municipal $ 2.42 $ 2.88 Hanscom/Lincoln Labs $ 5.08 NA VA Hospital $ 6.07 NA Bedford-water $ 2.44 NA Selectmen’s Meeting - October 6, 2014 In addition, the Board of Selectmen voted 4-0 to approve the following changes to the non-rate revenue fee schedules as shown below: Tail Piece Charges FY2014 FY2015 5/8” (straight) None $8.00 each 5/8” (90 bend) None $11.00 each 3/4” (straight) None $9.00 each 3/4" (90 bend) None $14.00 each 1” (straight) None $14.00 each 1” (90 bend) None $19.00 each Water Meter Charges FY2014 FY2015 5/8” Meter $78.00 $78.00 3/4" Meter $103.00 $100.00 1” Meter $130.00 $127.00 1 ½” Meter $535.00 $535.00 2” Meter $725.00 $725.00 Radio Read (devices) $131.00 Backflow Prevention Device None $35.00/test Testing Water Usage Fee for None $75.00/day Demolition Center Streetscape Update Mr. Hadley, Public Works Director; Mr. Livsey; Town Engineer, Mr. Ho and Ms. Carr from BETA, presented the 25% design plans for the Center Streetscape Improvement project. They reviewed the traffic safety improvements for pedestrians, bicycles and vehicles and the streetscape improvements for walkway treatment and interpretive elements for the Waltham Street/Massachusetts Avenue intersection, the Edison Way/Massachusetts Avenue intersection and the Massachusetts Avenue/Woburn Street/Winthrop Road intersection. Beta provided the pros and cons for design options for the Massachusetts Avenue/Woburn Street/Winthrop Road intersection: do nothing, modify geometry with no signal, modify geometry with traffic signals, and installing a roundabout. Beta recommends modifying the geometry with a traffic signal, which will provide overall safety, operational improvements and gateway enhancements. Beta also reviewed changes to Grain Mill Alley and Salter Building sidewalk improvements removing some of the rock walls and adding more plantings. They also reviewed some possible interpretive opportunities: Lexington by the Numbers and Lexington – A Look Back. Selectmen’s Meeting - October 6, 2014 Next steps include: 50% design and 100% design and then construction phase (2 to 3 phases subject to funding availability). Mr. Kelley feels the Massachusetts Avenue/Woburn Street intersection is an important gateway into Lexington and it is important to get rid of the telephone poles and wires. He is not in favor of installing traffic lights at the intersection, which he feels will urbanize the gateway. He understands concern for pedestrians crossing Massachusetts Avenue but does not encourage crosswalks to be put in this area, but rather outside of the immediate intersection. He also would like to see the seasonal barrels included in the center design that are out April to October and then put away to free up space for snow storage. Mr. Pato is encouraged by the design that will improve pedestrian safety and crossing opportunities and also accommodate different multi-model transportation needs. He supports Option 3 that includes signalization of the intersection with photo-sensing capabilities to accommodate traffic different times of the day. Mr. Cohen would also like to see the poles and wires put underground. He feels it is important to have the crosswalk near Fletcher Avenue on Woburn Street. He supports Option 3. Ms. Ciccolo also supports Option 3 which is the only option that includes all the safety goals and would be a huge improvement for all users. Mr. Kanter, speaking as one member of the Capital Expenditures Committee, requested the following information be provided for the 50% design: traffic flow capacity, whether the light cycle at Woburn Street/Massachusetts Avenue/Winthrop Road will be according to flow or like Massachusetts Avenue/Waltham Street, how to alert drivers that exit by Lemon Grass about pedestrians, lighting of all crosswalks, and how to handle traffic coming from Old Massachusetts Avenue that want to turn into Meriam Street and those who want to exit Meriam Street and go down Muzzey Street. He also asked about whether the consultants looked at the option of removing the island at Woburn Street and have they looked at other options. Mr. Ho responded that they looked at removing the island but it was not feasible because of problems with truck turning radiuses and so it was ruled out. . Ms. Lyons, 51 Grant Street, strongly supports the traffic light at Winthrop Road for the safety of commuters crossing from Woburn Street to the bus stop near Winthrop Road. She sees a lot of traffic coming out of Woburn Street crossing over Massachusetts Avenue into Winthrop Road. Ms. Crocker, Sidewalk Committee, asked if the MBTA bus stop near Winthrop could be bumped out to make room for a bench and/or covered protected area that would not interfere with sidewalk plowing. She likes the squared off crosswalk design and hopes it can be mimicked in the Massachusetts/Woburn/Winthrop intersection. She is concerned about the proposed horse troth idea because of trash and standing water issues. Selectmen’s Meeting - October 6, 2014 Upon motion duly made and seconded, it was 3-1 (Kelley opposed) to recommend proceeding to 50% design using the Option 3 design that includes the modified geometry and traffic signals. Proposed Sale of Tax Title Land – Laconia Street Ms. Jones, Management Intern, presented information on a request from the owner of 26 Laconia Street to purchase a tax title property (Map 54, Lot 107) which is adjacent to 26 Laconia Street. Per the Selectmen’s Sale of Land – Tax Title Policy, a resident may request to purchase it. The intent is to clean up the parcel and combine it with his existing property and use as a side yard. Feedback received from Town Departments included: if the lots are combined the owner should be required to file an ANR Plan with the Planning Board; the Tree Committee recommends protection of the Shagbark Hickory trees on the lot; and the Sidewalk Committee asked about future use of the public right of way for a sidewalk. The Fire, Police and Recreation departments have no reason to oppose the sale of this parcel. The Selectmen were asked if they would like the parcel to be put out to bid; and if yes would they like to set a minimum price for it? It was clarified that the lot does not have 50 feet of frontage and is therefore not a buildable lot. The Tree Committee understands that there is no practical way to enforce the protection of trees on the lot. Mr. Kanter urged setting a minimum price for the lot; he does not recommend giving the lot away at no cost. Do an RFP if required and then can ensure that the lot will not become a buildable lot. Ms. McKenna, 9 Hancock Street, stated the policy dictates the procedure and the Selectmen should follow the steps in the policy, which will hold the Town harmless. Mr. Pato is not comfortable with not following the steps of the current Selectmen policy. Mr. Cohen suggested finding out what it would cost to appraise the land. It the Selectmen decide to move forward with selling the lot it would be advertised and the RFP would include conditions that the lot was not buildable and if combined with another lot could not be split to allow for further development. The Selectmen asked the Town Manager to find out what the cost of an appraisal would be for this lot and return to the Selectmen for further discussion. The Selectmen made it clear they want the purchase price to include any costs incurred by the Town. Selectmen’s Meeting – October 6, 2014 Liquor License – Change of Hours – Barman’s Wine & Spirits Mass. General Laws Chapter 138, Section 15, was recently changed to allow package stores to open on Sundays at 10:00 a.m. instead of 12:00 noon beginning on October 23, 2014. Berman’s Wine & Spirits has provided the necessary paperwork for this change Upon motion duly made and seconded, it was voted 4-0 to approve the application for a change of hours of a package store liquor license for Berman’s Market, Inc., Berman’s Wine & Spirits, located at 55 Massachusetts Avenue. Approve and Sign Warrant for State Election on November 4, 2014 Upon motion duly made and seconded, it was voted 4-0 to sign the November 4, 2014 State Election Warrant. Position on Question 1 – Gas Tax The Committee for Safer Roads and Bridges, which is a coalition of citizens from around the state who recognize the severe public safety crisis Massachusetts is facing with deteriorating roads and bridges and is working to defeat the question to ensure Massachusetts has a reliable funding source to fix our unsafe roads and bridges, sent a letter requesting that the Selectmen endorse a NO vote on statewide ballot Question 1and authorize them to list the Selectmen as an opponent to Question 1. Ms. Ciccolo urged the Selectmen to endorse a position to vote NO on Question 1. Question 1 proposes to eliminate the indexing of the gas tax which came about through the 2013 transportation finance legislation which overhauled the revenue system for transportation. The gas tax went up at that time by 3 cents and had not gone up in 22 years so the value of that gas tax has eroded over time and the 3 cents with indexing does not keep pace with where the state needs to be. There was an independent bipartisan Commission (Transportation Finance Commission) that made recommendations that $1 billion worth of new revenue was needed annually to cover the state need of good repair; the 2013 legislation brought that to $600 million which is not where we need to be but is significant progress. If the gas tax indexing is removed the state will lose $1 billion over ten years, 28,000 jobs and potentially the opportunity to make good on the recent transportation bond bill which authorized $300 million a year in Chapter 90 funds, of which only $200 million has been received because the revenue stream is not there to cover what cities and towns need for our roads and bridges. Bridges in the Commonwealth are structurally deficient and functionally obsolete. All three highway bridges in Lexington are structurally deficient. It is good, sound accounting practices to index to inflation Mr. Kelley feels it is a bad idea to increase the gas tax automatically. The Legislature needs to evaluate the gas tax on a regular basis; a perpetual increase is bad idea and he does not support. Selectmen’s Meeting – October 6, 2014 Mr. Cohen supports a NO vote on Question 1 and hopes residents will understand that the money is needed to repair roads and bridges before they collapse. Mr. Pato supports the gas tax indexing and opposing the ballot question. Upon motion duly made and seconded, it was voted 3-1 (Kelley opposed) to endorse a NO vote on statewide ballot Question 1 and authorize the Safer Roads and Bridges to list the Town as an opponent to Question 1 on the November 4, 2014 ballot. Approve Revised Bicycle Advisory Committee Charge Mr. Pato reviewed the proposed changes to the Bicycle Advisory Committee (BAC) charge. It is proposed to clarify that the membership will be 9 with the Selectmen, Planning Board, Conservation Commission and Recreation Committee members becoming liaisons. The BAC approved these changes. Upon motion duly made and seconded, it was voted 4-0 to approve the proposed changes to the Bicycle Advisory Committee charge, reflecting a change in membership from 13 to 9 and representatives from the Selectmen, Planning Board, Conservation Commission and Recreation Committee will be liaisons instead of members. Change Traffic Safety Advisory Committee to Working Group Mr. Valente explained that the Traffic Safety Advisory Committee (TSAC) has been examining ways to more quickly respond to citizen requests for pedestrian and vehicle safety measures. Mr. Kucharsky, Planning, was assigned to TSAC to manage the overall workflow and be the contact person for all resident inquiries. He has found that the Committee could process inquiries and requests more quickly and thoroughly if TSAC became a working group. This change would not limit citizen input. Mr. Pato stated the intent of the change was to provide better response from staff to the citizens and that policy issues will still come to the Selectmen for approval. Ms. Ciccolo supports the change but feels it is very important for the working group to keep detailed notes. Mr. Kanter wants to make sure the residents are informed of when the working groups meets so there is transparency. Upon motion duly made and seconded, it was voted 4-0 to dissolve the Traffic Safety Advisory Committee, effective October 6, 2014, and authorize the Town Manager to create a working group with similar goals of responding to citizen inquiries for pedestrian and vehicle traffic safety measures. Selectmen’s Meeting – October 6, 2014 Approve Lexington Municipal Managers Association Collective Bargaining Agreement Mr. Valente reviewed the two-year collective bargaining agreement reached with the Lexington Municipal Managers Association (LMMA) for FY2015 and FY2016. The LMMA membership voted to accept the agreement which provides for:  2% cost of living adjustment for FY2015;  2.5% cost of living adjustment for FY2016;  Implementation of the results of a classification and compensation study;  Removal of the position of Operations Manager/DPW from the bargaining unit;  Addition of the position of Town Clerk to the bargaining unit;  Addition of the Mass Small Necessities Act and Mass Maternity Leave Act; and  Listing of those positions that are eligible for a clothing allowance. Upon motion duly made and seconded, it was voted 4-0 to approve and authorize the Town Manager to sign the collective bargaining agreement between the Town and Lexington Municipal Management Association for the period FY2015 to FY2016. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 4-0 to approve the following water and sewer commitments and adjustments. Adjustments to Water and Sewer as recommended by the Water and Sewer Abatement Board ($2,099.23) Sign Proclamation for Employee Recognition Day, November 5, 2014 Upon motion duly made and seconded, it was voted to sign a proclamation recognizing November 5, 2014 as Employee Recognition Day. Appoint Michelle Ciccolo to the Massachusetts Port Authority Community Advisory Committee Upon motion duly made and seconded, it was voted 4-0 to appoint Michelle Ciccolo to the Massachusetts Port Authority Community Advisory Committee as Lexington’s member. Approve Selectmen Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of September 8, 2014. Approve Selectmen Executive Session Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the executive session minutes of September 22, 2014 and September 30, 2014. Selectmen’s Meeting – October 6, 2014 Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Summit Meeting 1 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 8, 2014 A Summit was held on Wednesday, October 8, 2014, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Mr. Pato, chair, Mr. Kelley, Mr. Cohen, Ms. Ciccolo; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Ms. Jones, Management Fellow and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members with the exception of Mr. Alessandrini; Dr. Ash, Superintendent of Schools; Ms. Dunn, Assistant Superintendent for Business and Finance Operations; all members of the Appropriation Committee (AC) with the exception of Ms. Garberg; all members of the Capital Expenditures Committee (CEC). FY2016 Budget/Financial Discussion Overview – Lexington’s Financial Condition Summit participants were provided with an evaluation of the fiscal health of the Town of Lexington for FY 2000 - 2014, presented through a series of financial indicators and, where appropriate, comparative benchmarks. Overall, Mr. Valente reported that Lexington’s financial condition is generally sound. In particular, Lexington has positive revenue growth, stable labor costs as a percentage of total operating costs, adequate pension funding, low debt service, and adequate reserves. Lexington’s financial condition is satisfactory in the areas of expenditure growth and revenues related to economic growth. Lexington’s Health Insurance spending as a percentage of employee wages has dropped almost three percent since last year, largely as a result of savings that the Town was able to realize due to joining the Commonwealth’s Group Insurance Commission (GIC). While data on federal grants was not provided, there is still ongoing uncertainty regarding unresolved federal budget issues. Nevertheless, the data in the report suggests that the Town’s financial condition is strong and the Town is expected to maintain its Aaa credit rating. Mr. Valente noted that the indicator analysis could be most useful when multiple indicators were considered together. He discussed a group of favorable financial indicators and made the point that revenues are growing faster than expenditures. Mr. Valente next looked at indicators related to personnel costs and participants in the retirement system and noted that Lexington has one of the stronger pension systems in the State in terms of level of funding. Lexington’s health insurance spending as a percentage of employee wages has dropped largely as a result of the change in state law that has given the Town more flexibility in managing health benefits. Mr. Valente turned the group’s attention to indicators related to debt service. Lexington’s debt service as a percentage of general fund revenue has remained very constant. The Town has had a very aggressive capital plan in the last five years, but the percentage of general fund revenue used within-levy debt service has remained at about 5%. While reviewing projected exempt debt Summit Meeting 1 – October 8, 2014 service, Mr. Valente noted that there has been a fairly significant increase in residential share of net exempt debt service per household. This is largely a result of the Bridge School renovation, Bowman School renovation and the new Estabrook School project. The town is projecting this number will peak in Fiscal Year 2016 and then start to decrease after that. Mr. Valente confirmed Mr. Kanter’s comments that the projection is based on existing projects, as opposed to any that may be coming up in the next 1-3 years, and for any new projects it would be at least a year or closer to 2 years for the full impact of the debt service to take place. FY2016-2018 Revenue and Expenditure Forecast Mr. Addelson, Assistant Town Manager for Finance, presented general fund revenue and expenditure projections for FY2016 – 2018. He emphasized that the projection is not a proposed or recommended budget. Mr. Addelson noted that the forecasting methodology is a maintenance budget approach, that is, the projected increase in costs needed to maintain the current level of services reflected in the adopted FY15 budget. In general, it only includes increases driven by estimated inflationary pressures, current collective bargaining agreements and other existing purchase of service contracts. Revenues are generally projected based on historical experience. The difference between projected revenues and expenditures is characterized as “available balance/shortfall,” which means, the available balance that can be used to fund variable cost drivers such as, finance additional capital projects, provide for prospective salary increases, restore services eliminated or reduced in a prior fiscal year, fund reserves, etc. Mr. Addelson gave a summary of revenue/expense projections as follows: FY2015 FY2016 FY2017 FY2018 Appropriated Projection Projection Projection Revenue: Total: $181,109,225 $191,330,921 $189,625,806 $195,164,836 Expense: Total $181,109,225 $186,681,896 $184,409,320 $188,689,346 Surplus (Shortfall): $ 0 $4,649,025 $5,216,487 $6,475,489 Summit Meeting 1 – October 8, 2014 Variable Cost drivers FY2016 FY2017 FY2018 Municipal wages $280,048 $566,534 $856,769* School Wages $752,018 $726,594 $1,482,252* New Debt Service $160,000 $315,625 $466,875** * Cumulative impact of 1% salary increase annually ** Debt Service on $1 million of capital costs annually Notes: Does not include Exempt Debt Mr. Addelson pointed out that when looking at the bottom line, there is a projected surplus of $4.65 million in FY2016, $5.2 million in FY2017 and $6.5 million in FY2018. He noted that although there is a projected surplus on the bottom line, there are potential claims against that surplus defined as variable cost drivers. Mr. Addelson went over the detailed projection on the revenue side and pointed out a few highlights. The property tax levy is growing by 2.5% per year, plus an assumed growth of $2.3 million annually. State Aid is projected to increase by 2.5% in FY2016 and 2% each year in FY2017 and 2018. With regard to available funds, focusing on FY16, the Town is carrying an estimate of $12.8 million in free cash that will be certified as of July 1, 2014. Looking at the expenditure side, Mr. Addelson pointed out projected increases in municipal and school wages of 1% and 3% respectively and increases in municipal and school expenses of 3%. He noted that debt service includes gross debt service for modular classrooms, which is offset in FY16 and FY17 with Capital Projects/Debt Service/ Building Renewal Stabilization funds. With regard to benefits, the Town’s contribution to Medicare is projected to increase at a rate of 6% annually and health insurance is projected to grow at a rate of 5% annually. FY16 Capital projection includes $2.5 million for cash capital funded from free cash decreasing to $2 million in FY17 and FY18. In FY16, the Street Improvement Program is funded at $2.25 million, which includes the inflated base from the 2001 override plus amounts added in FY12, FY13 and FY14 and a $1.1 million allocation from Health Insurance Savings in FY15. FY17 and FY18 include $2.18 million and $2.2 million respectively for the Street Improvement Program. Mr. Addelson pointed out that in FY16 the Town’s Non-Recurring Expenses include an allocation of approximately $4.8 million to the Capital Projects/Debt Service Reserve/ Building Renewal Stabilization Fund and $1.86 million to the OPEB Trust Fund. He noted that in FY16 there is a projected $1.3 million in Unallocated Revenue. FY2016 Budget Calendar Mr. Valente directed the group to Appendix H of the handout which has a budget calendar. Key Policy Issues Related to FY2015 Budget Mr. Valente presented some of the key policy issues that the group will be deliberating: Summit Meeting 1 – October 8, 2014 1.Financing Plan for Increasing School Population 2.Financing Plan for School Facilities 3.Funding for Public Safety Facilities 4.Impact of Federal Budget Reductions/Sequestration 5.Funding for and use of the Debt Service/Building/Capital Stabilization Fund School Master Plan and Enrollment Projections Dr. Ash, Superintendent, reported there has been a significant increase in school enrollment since 2008 due to an increase in apartments in Town. Dr. Ash established an enrollment advisory committee which then became a working group. The working group estimates that over a 5 year period, Lexington is looking at approximately 600 more students K-12. This is the equivalent of at least an elementary school. Simms, Maini & McKee Associates advised that 8 of the 9 schools in Lexington are at or over capacity right now. Discussion needs to take place about what to do in five years, what to do between now and the next four years and what to do between now and next September to solve this problem. Mr. Pato made the point that when thinking about this problem, the goal of building about a school’s worth of additional space would only be enough to keep the Town in hot water. The Town needs to have some buffer in what we are building. The School Committee and Capital Expenditures Committee left the meeting at 8:11 p.m. The Board of Selectmen and Appropriation Committee remained in session. Emergency Reserve Fund Transfer Request for Hoarding Situation Mr. Valente reported that last week he shared with the Board of Selectmen information concerning a hoarding situation that the Health, Human Services, Police, Fire and Building Departments were dealing with at a residential property in Lexington. The Town was successful in removing the owner of the property to a safe, but temporary living situation, following the Health Department posting the home as unfit for habitation. The owner has been deemed “competent”, so staff is now working to get him back into his house, once it is safe. To that end, the Town is planning to engage a specialty cleaning firm, at a cost of $11,500. The Town will place a lien on the property to recover the cost at some point in the future. The house has neither running water nor heat, but that cannot be evaluated until the house has been cleaned. In response to questions from Appropriation Committee members, Mr. Valente and Mr. Addelson explained that this is an emergency situation because the Director of the Health Department has assessed that the condition of the property is unsafe for the surrounding area and these measures are necessary to protect the public health. In the absence of a Town Meeting, there is not another option for a source of funds. Town staff became aware of the individual’s situation when the Police Department received a call to do a well-being check. Prior to that the Summit Meeting 1 – October 8, 2014 individual, a veteran, had not been seeking services from the Town’s Veterans’ Services Officer or the Human Services Department. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Town Manager’s request to the Appropriation Committee for a transfer from the Reserve Fund of $11,500 to the Health Department contractual services budget line. Upon motion duly made and seconded, the Appropriation Committee voted 8-0 to approve a transfer from the Reserve Fund of $11,500 to the Health Department contractual services budget line. Establish Date: Summit Meeting 2 The date of the next Summit meeting was set for Monday, November 10, 2014. The date of Summit Meeting 3 was set for Thursday December 11, 2014. Documents Presented 1.Indicator Analysis Fiscal Years 2000 – 2014 2.Revenue and Expenditure Projections: Fiscal Years 2016-2018 Upon motion duly made and seconded, it was voted to adjourn at 8:35 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting October 20, 2014 A regular meeting of the Board of Selectmen was held on Monday, October 20, 2014, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, and Mr. Cohen; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Pato provided information on the Candidate Forum, moderated by Jay Kaufman, going on at Cary Library on October 20. Also on Thursday, October 23, the League of Women Voters Candidate Forum will be broadcast live via LexMedia at 7:30 p.m. Residents can also view on LexMedia “Coffee with the Candidates”. Mr. Pato also reported on the wonderful Diwali Celebration that was held on October 11 at the Lexington High School put on by the Indian American Association of Lexington, which provided donations to the Cary Memorial Library Foundation in support of the Library. Town Manager Report Mr. Valente updated the Board on the Shade Street traffic calming speed humps that have been installed and signage that will be installed soon. Construction of the sidewalk will be done in the Spring of 2015. Grant of Location – Verizon – Laconia Street Mr. Pato opened the hearing at 7:07 p.m. Ms. Condon, Verizon Right of Way Specialist, requested approval to relocate Pole P19 to a point northeasterly of Laconia Street approximately 20 feet from its current location. The pole move is necessary to accommodate a new development at 111-119 Laconia Street. Mr. Kanter, Precinct 7 Town Meeting Member, asked three administrative questions: whether rd there was any change in the size or mass of the new pole, whether a 3 party, like a cable provider, can get permission to install wires on the pole and to make sure that the order as written does not preclude the Town from installing wires in the future. Ms. Condon stated that the old pole is a 35 foot Class 4 and the new pole is a 40 foot Class 2, which should not be a noticeable difference. The poles are owned by NStar and Verizon who rd have processes in place for a 3 party to get a license to install wires on the pole. The current language on the order is standard language that allows municipalities to request permission to install wires in the future. Mr. Kanter suggested that the order include the size of new vs. old poles. Selectmen’s Meeting - October 20, 2014 Upon motion duly made and seconded, it was voted 3-0 to approve the petition of Verizon to move Pole P19 on Laconia Street and relocate Pole P19 20 feet northwesterly of its current location. The hearing was closed at 7:12 p.m. Approve One-Hour Parking in East Lexington Mr. Cannon, Assistant Town Engineer, presented a proposal to establish a one hour parking restriction on the south side of Massachusetts Avenue from Sylvia Street to the Arlington Town line. Taft Avenue to Sylvia Street is currently zoned one hour parking on the south side. This was a request from a small business in the area. DPW will install and maintain the signage. Upon motion duly made and seconded, it was voted 3-0 to approve the proposed establishment of a One Hour Parking zone as described on the code change forms. Greenways Corridor Committee Request Naming for Rick Abrams Ms. Entin, representing the Greenways Corridor Committee, requested approval from the Selectmen to rename the “ACROSS Lexington Trail Network” to the “ACROSS Lexington: The Rick Abrams Memorial Trail Network”. In light of his commitment to, and unflagging energies on behalf of the ACROSS Lexington program this request would recognize and commemorate his essential contributions. Rick conceived of the ACROSS Lexington acronym and became the principal driver and public face of the effort from its inception. His gentle persistence and persuasive approach led to the creation of a cross-community map, walkway signage, and town- wide visibility for the program and its benefits. Throughout his tenure he demonstrated exemplary leadership through his selfless, broad and inclusive community engagement. All of the Selectmen supported renaming the trail network in Rick’s honor and felt it was a suitable memorial to him. Upon motion duly made and seconded, it was voted 3-0 to rename the “ACROSS Lexington Trail Network” to the “ACROSS Lexington: The Rick Abrams Memorial Trail Network”. Discuss Request to Ban Toy Weapons for Halloween Events Mr. Pato provided background information on a request that came to the Selectmen during Public Comment at the October 6 meeting requesting that the Selectmen send a letter to the Town’s preschool administrators and to LexFUN requesting that they advise parents not to allow toy weapons for Halloween events, including the LexFUN Halloween Parade on the Battle Green. Ms. Frymer felt as children get older they may treat real weapons as toys, which could lead to tragic consequences. Selectmen’s Meeting - October 20, 2014 Mr. Pato felt the ban was not necessary since weapons are inextricably linked to the history of the Battle Green and it is not uncommon to see young people in period costume, including toy or facsimile muskets at various times of the year. It is also not unusual for young children to look to their home lives for Halloween costume inspiration, which could include active duty service members. He is also not convinced that letters should be sent to pre-school administrators since the LexFUN invitation is inclusive and respectful of the parent’s role in choosing an appropriate costume. LexFUN encourages costumes that are family friendly and not too scary for the young participants. He thinks this is a better approach than attempting to ban toy weapons or certain costume items. Mr. Cohen felt it was important to remember that the LexFUN Halloween Parade is for children who are age five and under. Mr. Kelley appreciates the view of Ms. Frymer and he had hoped that the Schools had a policy regarding toy weapons/costumes that could have applied to the Halloween parade, but the Schools do not have a written policy. He has read the information LexFUN provides to participants that includes guidelines for appropriate costumes and he is comfortable with the current practice. Overview on Proposed Lincoln Park Field Lights Feasibility Study Ms. Simmons, Recreation Director, updated the Board on a potential public/private partnership with the Lexington United Soccer Club and the Lexington Youth Lacrosse, who are interested in privately raising money to install lights at Lincoln Park. The idea was presented to the Recreation Committee and at their October 8 meeting they voted to support the concept of lights at Lincoln Park and they support the request for a feasibility study that would include test borings at twelve potential pole locations. The approval process will require Department of Environmental Protection (DEP) approval. The results of the feasibility study will determine if lights would be feasible at Lincoln Park. If lights are feasible the Recreation Committee will hold neighborhood meetings and report back to the Selectmen. Mr. Kelley supports adding lights to Lincoln Park. Because Lincoln Park is a capped landfill, he wondered if DEP would approve the installation of the light poles into the ground. He also wondered whether the portable lighting works well enough to illuminate the fields in case DEP does not approve installing the permanent lighting. He believes the neighborhood will have many concerns and questions that will need to be resolved to move the project forward. Mr. Shiple, President of Lexington United Soccer Club, has done some research and found a couple of projects approved by DEP in Massachusetts where light poles are being installed on landfills. The temporary lights have been used for two weeks for practices; the lighting is patchy and will be challenging, especially for Lacrosse because of the smaller ball. Mr. Cohen asked if DEP had been contacted regarding penetrating the cover for the test borings. Selectmen’s Meeting - October 20, 2014 Ms. Simmons said there will be a process to ask for approval from DEP; also will have to ask the Conservation Commission for approval because Lincoln Park is in a wetland boundary. Mr. Pato supports looking into lights for Lincoln Park and felt since the Town has limited real estate for fields adding lighting would allow for use of the fields for additional hours. He understands there are issues to work out with the neighborhood and the Conservation Commission. Ms. McKenna, 9 Hancock Street, is supportive of the lighting. She suggested combining efforts with the Little League and the High School to do lighting on additional fields at the same time. Continued Discussion on Proposed Sale of Tax Title Land – Laconia Street Ms. Jones, Management Intern, explained that at the last Selectmen meeting staff presented a request from Mr. Barr, owner of 26 Laconia Street, regarding the Town-owned parcel adjacent to his property (Map 54, Lot 106). The Sale of Land-Tax Title Policy indicates that the Selectmen should have the parcel appraised before advertising their intent to put the parcel out to bid. At the Selectmen’s last meeting they questioned whether it was worthwhile to conduct a formal appraisal in light of the small size of the parcel and requested staff to find out how much the appraisal would cost. The Board was asked if they wanted to authorize the staff to move forward with a formal appraisal of the property or forego the formal appraisal and authorize staff to prepare an Invitation for Bids for the sale of the property, consistent with the Board’s policy on the sale of Tax Title land. Quotes from two firms indicate an appraisal would cost between $2,000 and $2,600. The policy indicates the appraisal cost would be added to the sales price. Mr. Cohen would like to find out what the neighbors think about the property. Mr. Kelley believes the property would be better off in private hands where it would be kept up and the Town would not be responsible for falling or dying trees. Mr. Pato did not hear unanimity among the Selectmen present and suggested that the item be postponed until the full board was present to vote on how to proceed. Ms. McKenna, 9 Hancock Street, explained that the policy process allows for others to come forward if they are interested in the property and for the Town to get the maximum dollar and put the property in private hands. Mr. Paul, Tree Committee, appreciated the invitation to comment on sale of this land. He asked the Selectmen to think of trees as assets and to consider a replacement cost for them. To replace the hickory trees on this property could cost $1,000 or more per inch to replace. The assessed value of the property should include the value of the trees; in addition to the appraiser costs and staff time. For these reasons the Tree Committee recommends not selling the property. Selectmen’s Meeting - October 20, 2014 Ms. Entin, Citizens for Lexington Conservation, also believes trees have value. Once the land is sold there will be no way to protect the trees. She asked the Selectmen to consider the environmental and aesthetic value of the trees before a decision is made on whether to sell the property. This item was tabled to a future Selectmen meeting date. Community Center Advisory Committee Interim Report Ms. Hussong, representing the Community Center Advisory Committee (CCAC), provided an Interim Status Report and initial occupancy recommendations for the new Community Center at 33 Marrett Road. She reported on the progress to date of: technology, interiors, safety/security, public relations/publicity, fundraising, programs and governance. After extensive review of program demands, and deliberation with staff, the CCAC proposes the following hours of operation:  Spring 2015 Soft Opening: Monday to Friday 8:00 a.m. to 5:00 p.m.  July 2015: Monday to Thursday 8:00 a.m. to 5:00 p.m.; Friday 8:00 a.m. to 9:00 p.m.; Saturday 9:00 a.m. to 3:00 p.m.; and  October 2015 Grand Opening: Monday to Thursday 7:00 a.m. to 9:00 p.m.; Friday and Saturday 7:00 a.m. to 10:00 p.m. and Sunday 8:00 a.m. to 6:00 p.m. The CCAC requested the Selectmen take the following actions: 1.Receive the Interim Report of the CCAC dated October 20, 2014. 2.Vote to recommend an initial phased opening and regular ongoing hours of operation so that staff department-level budgetary planning can proceed. 3.Recommend a Director Position so that the Town Manager can develop an overall staffing plan, job descriptions, and consider funding implications. 4.Encourage the Town Manager to explore establishing a Director’s position as soon as funds can be identified to do so, potentially within the existing fiscal 2015 year. All of the Selectmen praised the CCAC for all of their efforts. Mr. Cohen asked if funds were available in the current FY15 budget to hire a Director for the Community Center. Mr. Valente responded that there were funds set aside for this purpose but that a Town Meeting vote would be needed to transfer the funds. Selectmen’s Meeting - October 20, 2014 Mr. Kelley believes it is important to model the governance with a Board of Directors that worked as a policy committee, not as an advisory committee. The governance should be in place before the Director is hired. Mr. Pato is not convinced that a Board of Directors governance committee needs to be a policy committee. He sees an advisory function like the Library. Ms. Koplow visited many existing Community Centers and found that the Boards were representative of a large group of people and that they did not come across any policy boards. She thinks a policy board would be too formal and would tie the Executive Director’s hands. She recommend an advisory board. Mr. Kanter, as a member of the Capital Expenditures Committee, believes the Selectmen need to consider what the organization chart of the Town might look like with respect to the Community Center. He supports hiring a person to fulfill the function described in the interim report in order to move forward with the planning and the operation and setup of the community center. Ms. Hussong feels the request for a Director as soon as possible is important since the Director will be responsible for running the Community Center and organizing programs and activities and building the Community Center to what the Town residents want. Upon motion duly made and seconded, it was voted 3-0 to accept the Interim Report of the Community Center Advisory Committee, dated October 20, 2014. Upon motion duly made and seconded, it was voted 3-0 to recommend an initial phased opening and regular ongoing hours of operation so that staff department-level budgetary planning can proceed. Upon motion duly made and seconded, it was voted 3-0 to recommend a Director Position so that the Town Manager can develop an overall staffing plan, job descriptions, and consider funding implications. Upon motion duly made and seconded, it was voted 3-0 to encourage the Town Manager to explore establishing a Director’s position as soon as funds can be identified to do so, potentially within the existing FY2015 budget. Proposed Parking Mitigation Agreement – 21 Muzzey Street Mr. Valente explained this item was a continuation of the discussion the Board had at its August 25 meeting regarding the proposed development at 21 Muzzey Street. The Board authorized the Town Manager to negotiate, for the Selectmen’s review and approval, a Memorandum of Agreement with the developer of the property, to mitigate the zoning requirement for parking for the proposed development. Selectmen’s Meeting - October 20, 2014 Staff worked through today trying to develop an acceptable agreement but they feel they need more time. The Developer, Mr. Cataldo, is willing to wait for a final Mitigation Agreement but realizes he will need the Agreement before he needs the additional 20 parking spaces based on use. Mr. Cataldo wants to start construction work but understands when he starts tenanting if he needs more than the 20 grandfathered spaces a Mitigation Agreement will need to be in place. This process gives staff and the Center Committee time to develop a full Parking Mitigation Policy, to solicit input from other property owners, make a complete parking mitigation proposal that could serve the town for any property in the center and then to make that proposal to the Selectmen. Therefore, staff is recommending that the Board approve implementation of a Mitigation Agreement to allow Mr. Cataldo to begin construction and tenant the building using the 20 grandfathered parking spaces and the agreement would include language that no tenanting of the building over the 20 grandfathered parking spaces would be allowed until another Mitigation Agreement is entered into between the Town and Mr. Cataldo. Mr. Kelley sees no problem with the project moving forward but feels it is the Board’s responsibility to come to terms with the situation and have upfront payment for the necessary parking based on highest and best use which would ease the center parking challenges and provide funds to use for finding additional parking areas. He believes the only thing missing is the actual mitigating dollar amount. He hopes it can be accomplished soon after there is a full Board. Mr. Cohen agrees with Mr. Kelley and hopes the agreement can be completed before the end of December. Mr. Pato is encouraged by the evolution of the proposed agreement and thinks it will alleviate the parking challenges in the center and help developers. He thinks there are a few unclear sections in the draft that can be easily corrected and is willing to proceed to come up with a policy agreement using the presented draft. Mr. Kanter, Precinct 7 Town Meeting Member, expressed concern in under evaluating the relief provided in light of the long term parking issues. He thinks the parking issues have to be resolved before a policy can be completed. The Town should come to a decision on a good general policy at its own speed. Ms. McKenna, 9 Hancock Street, said the Selectmen had a consistent policy that included contributions to Lexpress/Transportation for all mitigation agreements, but that in recent years that has been watered down which means that transportation opportunities are dependent on grants. She asked that the final policy include a contribution to transportation as an annual requirement in perpetuity. Mr. Lyons, Real Estate Agent, feels it makes more sense to complete the agreement as soon as possible. Selectmen’s Meeting – October 20, 2014 Mr. Valente understands the Selectmen would like to reach consensus on a final Mitigation Agreement soon, but explained that in order to start construction staff wanted to bring forward an agreement to allow for construction and use of no more than 20 parking spaces. If more parking spaces are needed the agreement would be reopened and a mitigation agreement would be negotiated. This will give time for the Center Committee and staff to bring forward to the Selectmen a full policy Mr. Kelley requests a resolution on the dollar value for the 20 additional parking spaces so that if another development comes along they know up front what responsibilities will be. He does not support going forward without a number. Mr. Cohen agrees with Mr. Kelley that the number needs to be in place before the building is constructed. Mr. Caltaldo stated the 40 parking spaces came from when the building was analyzed and he came before the Board of Appeals for the most intense use, having been told the parking requirement would be waived. He said he could tenant the new building without needing the 20 additional spaces. Even if a final agreement is reached, he will not know how many spaces he needs until the building is fully tenanted. He will accept the risk if he decides to go forward. Mr. Lyons, Real Estate Agent, supports coming up with a final agreement before allowing construction to begin. Mr. Valente feels the issue is very complex trying to come up with an agreement that will work for everyone. He is concerned that basing the agreement on highest and best use could lead property owners to seek a permit and later go back to the Board of Appeals to change the use and then the Town has lost the ability to have any mitigation. He wants to make sure the the final Mitigation Agreement is vetted by Boards, Committees and receives public comment. Mr. Kelley believes the Board of Appeals will use the Mitigation Agreement to guide them in making their decisions. Mr. Pato suggested that more time is needed to come up with a specific direction. He suggested that Mr. Cataldo and staff should try to negotiate an agreement. All of the Selectmen agreed that the number of parking spaces used be based on highest and best use. Mr. Kelley feels the Central Business District will likely see redevelopment and he wants a policy that includes a dollar value for parking spaces, which will allow the Town to have funds for easing the parking challenges. Mr. Valente is concerned about unintended consequences of applying the highest and best use. Selectmen’s Meeting – October 20, 2014 Mr. Pato suggested the consequences should be explored while the policy is being developed. Mr. Cohen asked if the Board of Appeals decision for the Cataldo property could include specific uses which could trigger the need for a mitigation agreement. Mr. Kelley hopes that the Planning Board will look at the parking demand situation as they evaluate the zoning bylaws and look at the best way to allocate the burden and make the necessary adjustments to the zoning bylaw. Mr. Valente said the Planning Board created a use table nexus between the type of use and parking spaces required and he thinks the Selectmen want to break the nexus and say we are always going to look at highest and best use regardless of parking created for new square footage. Mr. Pato told the Town Manager that he did not think the Board could give any clearer guidance. He said the Selectmen would take under advisement and come back with better informed guidance and will also talk with the Planning Board to get their perspective on where they are and if anything better can be formulated. Ms. McKenna, 9 Hancock Street, negotiated several agreements during her tenure on the Board of Selectmen and is anxious to help. Liquor License – Change of Manager – Waxy O’Connor’s Upon motion duly made and seconded, it was voted 3-0 to approve the application for a change of manager to Douglas Carcione and issue an all alcoholic restaurant liquor license to Waxy’s Lex LLC, d/b/a Waxy O’Connor’s, 94 Hartwell Avenue. Resignation – Community Center Advisory Committee Upon motion duly made and seconded, it was voted 3-0 to accept the resignation of Mary Ellen Alessandro from the Community Center Advisory Committee, effective immediately. Town Manager Appointment – Commission on Disability Upon motion duly made and seconded, it was voted 3-0 to approve the Town Manager’s reappointment of Susan Cusack to the Commission on Disability for a term to expire October 31, 2017. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 3-0 to approve the following water and sewer commitments and adjustments: Selectmen’s Meeting – October 20, 2014 Commitment of Water and Sewer Charges September Cycle 9 $ 319,368.26 Commitment of Water and Sewer Charges September Finals $ 22,262.44 Adjustments to Water/Sewer Charges as recommended by WSAB $ (19,242.22) th St. Nicholas Church Proclamation – 50 Anniversary Upon motion duly made and seconded, it was voted 3-0 to sign a proclamation for St. Nicholas th Church in celebration of their 50 Anniversary. Approve One-Day Liquor License – Center for Life Solutions Upon motion duly made and seconded, it was voted 3-0 to approve a one-day liquor license for the Center for Life Solutions to serve wine at an open house on Thursday, October 30, 2014 from 5:30 p.m. to 8:00 p.m. MPO Election Upon motion duly made and seconded, it was voted 3-0 to submit the 2014 MPO Absentee Ballot signed by the Chairman voting for the four unopposed seats for the MPO Election on October 29, 2014. Use of the Battle Green – Lexington Minute Men Upon motion duly made and seconded, it was voted 3-0 to approve the request of the Lexington Minute Men to use the Battle Green on Saturday, November 15, 2014, from 9:00 a.m. to 1:00 p.m. for a drill and to interact with visitors. Documents Presented 1.Letter from the Citizens for Lexington Conservation Regarding Sale of Tax Title Parcel (Map54, Lot 107) dated October 18, 2014. 2.Community Center Advisory Committee – Hours of Operation by Phase. Executive Session Upon motion duly made and seconded, it was voted 3-0 to go into executive session to discuss strategy with respect to Coalition Bargaining and to consider the purchase, exchange, lease or value of real property for a Fire Station or Public Safety facility site, and to reconvene to open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position and negotiating position of the Town. Upon motion duly made and seconded, it was voted 3-0 to adjourn at 10:35 p.m. A true record; Attest: Lynne A. Pease Executive Clerk