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HomeMy WebLinkAbout2014-11-BOS-minSelectmen's Meeting November 3, 2014 A regular meeting of the Board of Selectmen was held on Monday, November 3, 2014, at 6:30 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. Executive Session Upon motion duly made and seconded, it was voted 4 -0 by roll call to go into Executive Session to discuss strategy with respect to: 1) Coalition Bargaining over employee and retiree health insurance; and 2) settling litigation with Ferrara Fire Apparatus; and to reconvene in Open Session. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. Town Manager Report Mr. Valente reported on two items: 1. The Traffic Safety Working Group has looked at the Massachusetts Avenue /Worthen Road intersection turning traffic and they recommend a study to determine if a left arrow should be added to the traffic light. 2. The Police are warning residents about fraudulent phone calls from the Middlesex Sherriff s Office regarding pending payment of fines. The caller ID shows the Lexington Police Department's business number on caller ID. Update and Accept Visitor Center Report Mr. Valente explained that following the October 6, 2014 presentation by Wendy Manz of the Visitors' Center Report she prepared, the Selectmen, at the request of the Tourism Committee Chair Dawn McKenna, asked for a summary accounting of the Liberty Ride since its inception in FY2003. Since that time the Liberty Ride has had revenues in excess of $1,500,000. It has relied on ticket sales, grants, gifts and general fund loans to fund its operations. Over this period the Comptroller's Office has determined that there is approximately $8,000 to $14,295 in loans outstanding to the General Fund. The reason for the range is that staff is still analyzing whether some of the General Fund loans have been repaired using Gift Funds or surpluses from prior years. Ms. Manz also submitted to the Town Manager an addendum to her original report clarifying certain sections in the report, as requested by the Tourism Committee. Mr. Pato stated that Ms. McKenna asked for time to review the addendum information provided to the Selectmen in their packet and then an opportunity to respond. Selectmen's Meeting - November 3, 2014 The Selectmen tabled this item until their next meeting on November 17. Approve Recommendation — No Parking Restriction on Robinson Road Mr. Cannon, Assistant Town Engineer and member of the Traffic Safety Working Group, reviewed a recommendation to not allow parking on both sides of Robinson Road from Grove Street to the end of Robinson Road. Robinson Road is 18 feet wide and connects to the Estabrook School; parking would limit the ability of emergency vehicles to access the school. Also, during the planning of the new Estabrook School police and neighbors were concerned about parking and the understanding was that there would be no parking allowed on Robinson Road. No Parking signs will be installed. Upon motion duly made and seconded, it was voted 4 -0 to approve the proposed establishment of a No Parking zone on both sides of Robinson Road from Grove Street to the end of Robinson Road, as described on the code change form. Approve Recommendation — No Parking at Burlington Street /Simonds Road Intersection Mr. Cannon, Assistant Town Engineer and member of the Traffic Safety Working Group (TSWG), reviewed a recommendation to have a No Parking zone at the intersection of Burlington Street and Simonds Road. The TSWG reviewed the intersection and felt it made sense to restrict parking for pedestrian safety. Mr. Pato mentioned a letter received by the Selectmen from John McMillen, 74 Burlington Street, who felt that cars parked on Burlington Street served as traffic calming. He feels parking restrictions will discourage use of Kineans Park and would like addressed the safety problem of fast moving traffic on Simonds Road /Burlington Street intersection. Mr. Cannon responded that the visibility of pedestrians outweigh the issue of traffic. Ms. Eckert, 70 Burlington Street, said speeding is an issue and she hopes the Traffic Safety Working Group will look at it and requested that the Police monitor the intersection. Ms. Ciccolo suggested that a "Stop" sign be added to Simonds Road. Ms. Wilson, 88 Burlington Road, encouraged the Selectmen to have the speeding looked at. Mr. Pato asked Mr. Cannon to discuss with the Traffic Safety Working Group the concerns brought up. Upon motion duly made and seconded, it was voted 4 -0 to approve the proposed establishment of a No Parking zone east bound on Burlington Street from 75 feet west of the crosswalk at Simonds to the crosswalk and west bound on Burlington Street from 75 feet east of the crosswalk at Simonds to the crosswalk, as described on the code change form. Selectmen's Meeting - November 3, 2014 Board of Assessors Property Recertification Update Mr. Addelson, Assistant Town Manager of Finance; Mr. Lent, Town Assessor; and Board of Assessor members Mr. Johnson, Mr. Grant and Mr. Groblewski were in attendance. Mr. Addelson explained that every three years the Department of Revenue (DOR) regulations require the Board of Assessors to undertake a more intensive analysis of property values before the DOR will certify property values and allow the Board of Selectmen to set the Tax Rate. FY2015 is a recertification year for Lexington. In past recertification years the Town has not seen dramatic changes in property values because in the non - recertification years the Assessors update property values based on the recent sales data. For FY2015, however, the Assessors are anticipating fairly significant changes in residential values as a result of three factors: • Due to very strong residential property sales during calendar year 2013, single family residential property values are increasing by 10 percent, on average. Commercial values are increasing approximately 2 percent; • The 10 percent average increase in residential property values however, masks the variation in increases across the residential sector. In particular, residential property values for the more modest homes may be increasing in value by more than the 10 percent average; and • For this recertification year, DOR directed the Assessors to undertake a much more comprehensive analysis of residential values. Normally this level of analysis takes place in phases, over a nine year period, such that changes in values are spread out over this period. With this more aggressive schedule required by DOR, many residential property values are changing as a result of more complete and up -to -date data. The DOR is now in the process of reviewing the Town's analysis and proposed property values. The Assessors should be receiving the results of DOR's review in two to three weeks. If the new values are approved by DOR, the Assessors will begin a public outreach of this information. Staff and the Assessors believe it is prudent, however, to begin this outreach with an early presentation to the Selectmen. Mr. Lent presented a status report on the FY2015 Assessment Valuation, which focused on approximately 9,000 single family dwellings (SFD). The results of the triennial year re- certification show an average increase from last year of +10 %. However, there are specific - property changes where the increase will be 15% to 35 %. Land value is increasing by 15% and SFD overall assessed value is increasing by 10 %. Reevaluation was done on all properties in Town, but this status report focused on the SFD. Selectmen's Meeting — November 3, 2014 Filing an abatement can be done as soon as the tax bills are released, typically January 1, and the abatement has to be requested before February 1 to be considered. An abatement is requested when there is a question on the value of the property or there is factual information that needs to be corrected. Mr. Kanter, 48 Fifer Lane, Precinct 7 Town Meeting Member, asked about whether the absence of interior inspection affects the assessment. Mr. Lent responded the Assessors Department has an entry rate less than 50% but that they get views of the interior of houses from MLS when houses are sold. Also they consider the outside of homes to be reflective of the inside. Mr. Pressman, 22 Locust Avenue, asked about the tear down effect on the analysis. Mr. Lent responded that they try to remove that factor from the analysis. DOR requires that properties where physical changes have taken place after the property is sold be removed from the analysis. Mr. Pato is concerned about the sharp difference in the change evaluations, especially on the lower end of the market. The Town needs to understand what forms of relief are available for the elderly and what state run programs are available to allow people to have some tax mitigation. The Selectmen agreed that the Tax Deferral and Exemption Study Committee should be asked to revisit program options and come back to the Board with information how those programs apply to the current situation this year and as value continues to increase what does it mean for next year's assessments. The Chair will contact the Co- Chairs of the Committee to ask them to gather information. Approve Sending Letter to Governor -Elect in Support of Solar Energy Mr. Sandeen, Chair of the Sustainable Lexington Committee, explained that the Committee voted to recommend that the Selectmen sign and send the proposed letter to the Governor- elect. The Sustainable Lexington Committee reviewed a request that came from Environment Massachusetts, a statewide grassroots environmental advocacy organization, whose priority is fighting global warming and promoting clean energy. They are asking local officials to sign a letter in support of solar energy. Upon motion duly made and seconded, it was voted 4 -0 to approve the Chairman sending the proposed letter to the Governor Elect in support of solar energy. Selectmen's Meeting — November 3, 2014 Proposed Parking Mitigation Agreement — 21 Muzzey Street Mr. Valente explained that at the October 20, 2104 Selectmen meeting the Board authorized the Town Manager to negotiate a Memorandum of Agreement with Todd Cataldo, the developer of the 21 Muzzey Street property, to mitigate the zoning requirement for parking. The Selectmen also asked the Town Manager to review whether the mitigation payments could be based on potential use of parking spaces rather than actual use of parking spaces. Town Counsel recommends that the mitigation be for actual use rather than potential use. The proposed Memorandum of Understanding between 21 Muzzey Street LLC and the Town of Lexington would allow the property owner to demolish and begin construction on the lot. The new building may be permitted with tenants, as long as those tenants do not create a demand for more than 20 parking spaces, the so -called grandfathered spaces for the property. Before any tenants may be permitted that will require parking in excess of the 20 grandfathered spaces, the property owner will be required to enter into a parking mitigation agreement with the Town. This approach will provide the Center Committee, Economic Development and Planning Office staff time to recommend to the Selectmen a comprehensive parking mitigation policy that will apply to not only this parcel but future redevelopment and reuse proposals in the center. The Town Manager provided a revised section under "Mitigation of Parking for Proposed Building" in case the Town has not adopted and implemented a parking policy that would require the Town and the applicant to negotiate a preliminary mitigation payment for the spaces needed agreed to by Town Counsel and the applicant's Counsel. Mr. Kelley is comfortable with the proposed agreement that allows Mr. Cataldo to move forward with his development plan. Now that the challenge has been identified and knowing the issue will get more acute when we see greater interest in developing and redeveloping in the center business district, the Town has to come to terms with how to be creative and improve the availability of parking. He suggested that the Planning Board should be made aware that this is a significant issue for the Selectmen and the Town that needs clarification of the parking demand requirements and how they can be applied to reuse and new square footage. He hopes that a zoning article will be ready for the next Annual Town Meeting. Mr. Pato agrees with Mr. Kelley, including the need to enable redevelopment and refreshment of the business district. He wants to encourage a healthy development in the center, but parking is a true concern and at different times parking is difficult. So have to be mindful when allowing and creating parking that it does not aggravate the existing problems. He agrees that the Planning Board should review the current bylaw, however a policy needs to be in place in case changes to the zoning bylaw cannot be made in a timely manner. Mr. Kanter, Precinct 7 Town Meeting Member, endorses moving ahead with the proposed agreement. He is still concerned about the mitigation metric that was contemplated in an earlier Selectmen's Meeting — November 3, 2014 agreement and is not comfortable with it as properly reflecting the value of the parking correction that is made. He also endorses the suggestion to make changes to the zoning bylaw that refresh the baseline under which the Town operates. Mr. Pato has no intention of allowing the clock to run out if the Planning Board Rezoning process does not come to fruition in time. Mr. Valente plans to pull together the Parking Management Group, Center Committee, Planning Board and Economic Development Director to work on a policy. He feels he has a sense of all the issues and now the group will need to try and understand how a policy would apply to different cases. Once they have a policy outlined the plan is to do public outreach to property owners in the center to get their feedback. Upon motion duly made and seconded, it was voted 4 -0 to adopt the Agreement, in concept, between the Board of Selectmen and 21 Muzzey Street, LLC and authorize the Town Manager to sign the final Agreement with any non - substantive changes as may be recommended by Town Counsel. Town Manager Disclosure of Coalition Bargaining Mr. Valente explained that he and the Human Resources Director have been negotiating a new Coalition Bargaining agreement with the Town's unions for employee and retiree health insurance benefits. Since they are employees of the Town, and potential retirees of the Town, this Coalition Bargaining agreement may have a direct financial impact on them. He contacted the Ethics Commission and asked for their advice. The Ethics Commission advised that a Section 19 Disclosure be filed with the Board of Selectmen explaining the potential conflict so that the Board could determine whether or not the financial interest is not so substantial as to be deemed likely to affect the integrity of the services the Town may expect from the Town Manager. The Human Resources Director would file the Section 19 disclosure with the Town Manager, as her appointing authority. Upon motion duly made and seconded, it was voted 4 -0 to authorize the Town Manager to continue to participate at the Town's negotiator with respect to Coalition Bargaining, with any conditions the Board may impose on the Town Manager, dependent on the final Agreement negotiated with the Coalition and approved by the Board of Selectmen. Liquor Licenses — Change of Hours — Busa Brothers Liquors, Inc. and Vinebrook Bottle Shop Busa Brothers Liquors, Inc. and Vinebrook Bottle Shop provided the necessary paperwork to request a change of hours to allow them to open at 10:00 a.m. on Sundays, as per Mass. General Laws, Chapter 138, Section 15. Selectmen's Meeting — November 3, 2014 Upon motion duly made and seconded, it was voted 4 -0 to approve the application for a change of hours and issue a retail package goods store liquor license to Busa Brothers Liquors, Inc., 55 Bedford Street. Upon motion duly made and seconded, it was voted 4 -0 to approve the application for a change of hours and issue a retail package goods store liquor license to Vinebrook Corporation, d /b /a Vinebrook Bottle Shop, 131 Massachusetts Avenue. Appointments/Resignation Battle Road Scenic Byway Committee Upon motion duly made and seconded, it was voted 4 -0 to appoint Polly Kienle to the Battle Road Scenic Byway committee to fill the unexpired term of Richard Abrams until September 30, 2015. Tourism Committee Upon motion duly made and seconded, it was voted 4 -0 to appoint Leeying Wu to the Tourism Committee for a term to expire September 30, 2015. Sidewalk Committee Upon motion duly made and seconded, it was voted 4 -0 to accept the resignation of Bettina McGimsey from the Sidewalk Committee, effective November 4, 2014. Future Meetings The Selectmen will schedule meetings in 2015: January 12 and 26, February 9 and 23, and March 9 and 23. Consent Agenda Approve Chairman Sending Letter to Hanscom Regarding Installing Solar Upon motion duly made and seconded, it was voted 4 -0 to approve the Chairman sending a letter with comments in response to Hanscom's letter proposing the installation of solar at four Lexington locations. Approve Proposed Hats Letter to MBTA Regarding Notice of Schedule Changes for the Fitchburg Commuter Line Upon motion duly made and seconded, it was voted 4 -0 to approve the proposed HATS Letter to MBTA regarding Notice of Schedule Changes for the Fitchburg Commuter Line subject to stylistic changes. Selectmen's Meeting — November 3, 2014 Ratify Franklin School Vote Taken on September 22, 2014 Regarding Loan Restructuring Upon motion duly made and seconded, it was voted 4 -0 to ratify the Franklin School vote taken on September 22, 2014 regarding its loan restructuring. Approve Flying Flag on Battle Green for LEF Trivia Bee Upon motion duly made and seconded, it was voted 4 -0 to approve flying a flag on the Battle Green for the LEF Trivia Bee. Approve Request from the Council for the Arts for a Selectmen Gift Account Upon motion duly made and seconded, it was voted 4 -0 to approve the request of the Council for the Arts to set up a selectmen's Gift Account to use for the Golden Tricorne Project funds. Approve a One -Day Liquor License — Wilson Farm Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license for Wilson Farm to serve wine on Saturday, November 8, 2014, from 2:00 p.m. to 4:00 p.m., for a Cheese and Wine Pairing Event at 10 Pleasant Street. Approve Selectmen Minutes Upon motion duly made and seconded, it was voted 4 -0 to approve the Selectmen minutes of September 22, 2014 and October 8, 2014. Documents Received Revision to the Memorandum of Agreement - Section 1 (Mitigation of Parking for Proposed Building) under b) 2.b — adding a paragraph under existing paragraph regarding the parking policy. Upon motion duly made and seconded, it was voted 4 -0 to adjourn at 8:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Summit Meeting 2 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee November 10, 2014 A Summit was held on Monday, November 10, 2014, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Mr. Pato, chair, Mr. Kelley, Mr. Cohen, Ms. Ciccolo, Ms. Barry; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: School Committee (SC) members: Ms. Coppe, chair, Mr. Alessandrini, Ms. Crocker, Mr. Hurley, Ms. Steigerwald; Dr. Ash, Superintendent of Schools; Appropriation Committee (AC) members: Mr. Parker, chair, Mr. Bartenstein, Ms. Garberg, Mr. Levine, Ms. McLeish, Ms. Masterman, Mr. Michelson, Mr. Neumeier, Mr. Radulescu -Banu; Capital Expenditures Committee (CEC) members: Ms. Hai, chair, Mr. Cole, Mr. Kanter, Ms. Manz, (Ms. Barnett was not present). FY2016 Revenue Proiections Overview Mr. Valente gave a summary of gross and net General Fund Revenues. Gross General Fund Revenues include all revenues projected as available for use in FY2016. Net General Fund Revenues are gross revenues less revenues recommended to be set -aside to fund designated expenses. In FY2016, Gross Revenues are projected to increase by approximately $11.62 million or 6.4 %, while Net Revenues are projected to increase by approximately $11.59 million, or 6.9 %. FY2015 Revenue Projection by Source Mr. Addelson, Assistant Town Manager for Finance, gave a summary of the major components of projected General Fund Revenue annually: Property Tax Levy, State Aid, Local Receipts, Available Funds, Revenue Offsets, and Enterprise Receipts. Of the approximately $11.62 million increase in FY16 Gross General Fund Revenues, 53.4% is accounted for by the increase in property tax and 30.2% is attributable to available funds, driven mainly by an increase in free cash and proposed use of the Town's Health Claims Trust Fund. Mr. Addelson also gave a summary of revenues set -aside for designated purposes, broken down by funding source: free cash and the tax levy. A total of approximately $18.9 million is recommended to be set aside for designated expenses. This is an increase from FY 15 to FY 16 of $28,974 or .2 %. Of the total, approximately $1.86 million is recommended to be set aside for Other Post - Employment Benefits (OPEB); $2.5 million for Cash Capital; $6.5 million for the Capital Stabilization Fund (or Unidentified Operating Budget Needs); $1.3 for Debt Service Mitigation (High School Modulars); and $2.27 million for the Street Improvement Program. Summit Meeting 2 — November 10, 2014 Mr. Addelson also noted that there is the assumption that the Town would reserve $4 million of Free Cash to underwrite the cost of the FYI Operating Budget. Policy Issues for Consideration Mr. Valente presented some of the key policy issues that the group will be deliberating: 1. Impact of Federal Budget Reductions - Unknown 2. Use of Free Cash for FYI Operating Budget 3. Use of Free Cash for Cash Capital 4. Use of Health Claims Trust Fund Balance to Continue OPEB Funding 5. Use of Capital Stabilization Fund to Offset General Fund Debt Service 6. Use of Free Cash for Capital Stabilization Fund (and As Yet Identified Needs) 7. Capital, Capital, Capital — continue with the policy to set aside funds in stronger years FYI Property Value Changes Mr. Addleson talked about where the town's property values are going and explained that this is a recertification year for Lexington. Under state law, every third year the town has to go through a more rigorous approach to setting property values. Residential property values have been growing very strongly; commercial properties have not. Overall Lexington's residential property values are growing by an average of approximately 10 %, but they are not growing as fast at the high end of our property value spectrum; it is more at the lower end. Mr. Pato pointed out that while the actual tax bills are not ready, a significant number of households will see an unusually large change in their valuation and as a result, an unusually large change in what they owe, either more or less. It would be advisable for the group to take this information with great care and as projects are considered, make sure we are careful in how we choose to spend. Request for Special Town Meeting by School Committee Ms. Coppe, chair, reported that the School Committee unanimously voted to ask the Board of Selectmen to call a Special Town Meeting in January 2015 to obtain the funding necessary for up to 6 modular classrooms to be placed at Bridge, Bowman and Fiske Elementary Schools. In order to have the modular classrooms in place for September 2015, the School Committee feels that it is necessary to have a Special Town Meeting in January. Referring to the conclusions of the Enrollment Working Group Progress Report of September 2014, Ms. Coppe reported that Lexington continues to be faced with increasing enrollments in our schools and projections continue to rise. Four of Lexington's six elementary schools are at or over capacity, along with Summit Meeting 2 — November 10, 2014 the two Middle Schools and the High School. From the School Committee's viewpoint, this is a big problem. Referring to a page from architectural firm SMMA's report, Ms. Coppe noted five elementary school relief valves that the School Committee has looked at: slight increase in class size, redistrict adjustments, use art and music as classrooms, divide the gym into: gym, art and music spaces, and (not listed on the report) add modular classrooms. The School Committee's plan is to provide modular classrooms for Lexington's three most crowded schools to give the breathing room and flexibility needed while planning for more permanent solutions. Ms. Steigerwald, School Committee member, presented information on Elementary Space Needs Draft Scenarios. The Enrollment Working Group predicts that enrollment is going to continue to grow. At the Elementary level, over the next 5 years, Lexington could expect an increase of 268 students ( +/- 114). In order to accommodate this growth, the working group is suggesting adding 12 classroom spaces plus an additional 12 spaces to provide leeway. Ms. Steigerwald described the proposal for 6 additional classroom spaces at a new or renovated Hastings and the proposal for immediate additional space at Bridge, Bowman and Fiske elementary schools. Mr. Levine, Appropriation Committee, supported the School Committee's proposal for an immediate plan to go forward and provide some breathing room to not rush the long term planning. Other members of the group had concerns about providing temporary modular classrooms by the start of school in September 2015 and discussed other solutions. Mr. Kelley feels it is important to think about what is best for the students but also feels that is important to do what is best for the town as a whole. At the Selectmen's Meeting on Monday November 17, the School Committee will ask the Board to consider calling a special town meeting sometime in January. Mr. Pato noted that there were a number of questions tonight with respect to what the timing would need to be in order for modular classrooms to become available. He would like the School Committee to come to the November 17 meeting with hard data on timing and give a clear assessment of the tradeoff of having a special town meeting at that time versus later in the year. Without any other discussion, Mr. Pato's preference would be to have a special town meeting at the start of the annual town meeting. Cubist Request for Zoning Change Mr. Valente explained that Cubist Pharmaceuticals, Inc. is looking to do an expansion project. They would like to be early on the agenda for the annual town meeting or would be interested in being part of a special town meeting in February. Establish Date: Summit 3 Meeting The date of the next Summit meeting was confirmed for Thursday, December 11, 2014. Summit Meeting 2 — November 10, 2014 Documents Presented 1. Summit II FY2016 Revenue Projections (Overview packet) 2. FY2016 Revenue Projections (Detail packet) 3. Lexington FY2015 Assessment Valuation Status Report to Summit II 4. Lexington Public Schools Ad hoc Schools Master Plan Committee School Committee Progress Report Phase 2 — Elementary Schools prepared by Symmes Maini & McKee Associates (SMMA) October 30, 2014 5. Elementary Space Needs Draft Scenarios presented by Jessie Steigerwald 6. Page 33 from the Progress Report of the Enrollment Working Group September 16, 2014 7. Page from SMMA Lexington Master Plan — Phase 1 - Elementary Schools Relief Valves Upon motion duly made and seconded, it was voted by the Board of Selectmen, Appropriation Committee and Capital Expenditures Committee to adjourn at 9:17 p.m. The School Committee remained in session. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen's Meeting November 17, 2014 A regular meeting of the Board of Selectmen was held on Monday, November 17, 2014, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Public Comment Ms. Hooper, Town Clerk, thanked everyone who was involved in conducting the dual election on November 4. Selectmen Concerns and Liaison Reports Ms. Barry welcomed 13 high school students and 2 teachers from Erding, Germany, who are visiting Lexington on an exchange program with Lexington students. They were presented with a 300th Anniversary Celebration flag and a Lexington seal pin for each of them. Mr. Cohen attended the Veterans Day breakfast on November 8 and the parade and ceremonies on Veterans Day. He complemented Ms. Barry, the Town Celebrations Committee and Human Services/Veterans Office on the great success of both events. Town Manager Report Mr. Valente reported on three items: 1. The Town has reached an agreement with NET, the contractor responsible for the Lincoln Park soccer field turf replacement. They will remove the improperly installed synthetic turf field within the next few weeks and assign its contract to Greenfield. Greenfield will install the new turf this fall, weather permitting, or next spring. There is no additional cost to the Town for this reinstallation. 2. All taxpayers were sent an Impact Notice notifying them of the proposed FY2015 property values that are currently being evaluated for approval by the Department of Revenue (DOR). This notice provides residents the opportunity to review their information and correct any wrong information. Notification is required before DOR will certify the values and allow the Selectmen to set the tax rate. 3. Lexington's FY2015 Community Preservation Act distribution from the State will be $1,230,116 or a 32.56 % match to the amount locally raised. Right of First Refusal for Purchase of 430 -432 Concord Avenue - Hearing Mr. Pato opened the hearing at 7:14 p.m. Selectmen's Meeting — November 17, 2014 Mr. Valente explained that the property located at 430 -432 Concord Avenue, owned by John Sellars, has qualified for favorable property tax status under Massachusetts General Law, Chapter 61A, given that the land has been used for agricultural or horticultural purposes. This tax status is frequently referred to as "chapter land ". When a property owner is considering selling chapter land or converting it to another use, the Town has the right of first refusal to purchase the property at the sales price found in the purchase and sale agreement. Mr. Sellars has a purchase and sale agreement with Artis Senior Living, LLC, for this property. Should the Town not exercise its right of first refusal to purchase the property, Artis will construct a 72 unit residential facility to house and maintain dementia, Alzheimer and similarly impaired individuals. Further, Artis has received zoning relief by way of a CD rezoning and Board of Appeals Special Permit to build and operate such a facility. Should the Town not exercise the option to purchase this property, the Town is required to send written notice of the non - exercise, signed by the Board of Selectmen, to Mr. Sellars. This notice must contain the name of the owner of record and a description of the premises adequate for identification of the property with said notice recorded with the Registry of Deeds. Upon motion duly made and seconded, it was voted 5 -0 not to exercise their statutory option to purchase 430 Concord Avenue pursuant to Massachusetts General Laws, Chapter 61A, Section 14 with respect to the property. The hearing was closed at 7:15 p.m. Smoking Regulation Presentation Mr. Cody, Health Director, and Mr. Makarious, Anderson & Kreiger, explained that the Board of Health proposed revisions to its Smoking and Youth Access to Tobacco Products Regulation (Article III, Chapter 155 in the Code of the Town of Lexington). The changes include adding e- cigarettes, increasing the purchase age of tobacco products to twenty -one and prohibiting the sale of blunt wraps. The proposed revised regulation differs in certain respects from the Town's Code on Clean Indoor Air ( §97 -5), Restrictions of Smoking in Public Places and Workplaces ( §97 -6) and Access to Tobacco by Minors ( §97 -7). The most notable difference is the legal sales age for tobacco products. Town Counsel recommends that the Board of Health seek a revision to the existing Bylaw to accommodate such a change before the revised regulation goes into effect. After reviewing the various Bylaws there were other related smoking issues that need to be revised, including: confirming changes to Non - criminal Disposition and confirming changes to numbering the Code of the Town of Lexington. Rather than amending the existing Bylaws §97 -5, §97 -6 and §97 -7, another option is to repeal the Town's Bylaws to avoid redundancy between the Bylaw and the Board of Health regulations. The Board of Health prefers that the existing Bylaws be repealed. Selectmen's Meeting — November 17, 2014 Mr. Cody stated that the Board of Health has been discussing at its meetings the proposed new regulation over the last 18 months and has received comments from the public and also support for the proposed changes. The Board of Health does not plan to approve the proposed regulation until the bylaw issue has been resolved. Mr. Kanter, 48 Fifer Lane, thinks it is prudent to remove the current bylaw if the Board of Health retains all prerogatives in the regulation. Mr. Cody confirmed it would. Mr. Radulescu -Banu, 86 Cedar Street, does not think the Board of Health should be making the decision on raising the age for purchasing tobacco from 18 to 21. He suggested Town Meeting should vote on it. He suggested that he would support the increase in age if it came before Town Meeting. The Selectmen will discuss whether a warrant article should be included in the 2015 Annual Town Meeting warrant. Mr. Cohen stated that the Bylaw needs to include a reference to the non - criminal disposition bylaw and the Board of Health needs to make sure the proposed regulation meshes with the non- criminal disposition bylaw. Update on the Cary Memorial Building and Community Center Sidewalks Community Center Sidewalk Mr. Livsey, Town Engineer, and Mr. Pinsonneault, Manager of Public Works Operations, presented options for adding a sidewalk from Marrett Road to the Community Center. The proposal includes adding an opening in the current wall and the sidewalk would meander up the hill so it would be ADA accessible and avoid any trees. At the top of the hill it can connect with the existing sidewalk that runs along the driveway or cut through the line of trees. He asked for the Boards thoughts and opinions of the options. Mr. Kelley asked about putting the sidewalk along the current driveway, but the Scottish Right will not consider changing the entrance walls in that area. He is concerned about the cost and maintenance of the sidewalk in all winter conditions versus a sidewalk that runs along the driveway. He asked that it be considered by the Board and priced. Mr. Kelley does not like the idea of carving into the lawn for the sidewalk. Mr. Pato asked if a cut in the brick wall could be made closer to the column and then run along the roadway. Mr. Kanter, Capital Expenditures Committee member, prefers that the sidewalk run along the driveway and connect with the existing sidewalk at the top of the hill rather than through the trees and lawn area. Ms. McKenna suggests that the sidewalk should run parallel and be symmetrical to the sidewalk on the other side so the site looks consistent. Selectmen's Meeting — November 17, 2014 Mr. Martignetti, 27 Barberry Road and a member of the Commission on Disability, asked what material would be used for the sidewalk. Mr. Livsey responded that they currently plan to use asphalt for the sidewalk. Cary Memorial Building Mr. Livsey, Town Engineer, provided two options for the sidewalks around the Cary Memorial Building: all wire cut brick or concrete sidewalk with a wire cut brick edge. Ms. Ciccolo asked which surface wears best and would last the longest. Mr. Livsey responded there is no different if the materials are built correctly they should last 50 plus years. The preference of the Commission on Disability is the concrete sidewalk with the brick edge, which has no vibration or tripping hazard. Mr. Kelley prefers the square edge wire cut bricks to concrete. He feels the bricks are more durable and if the bricks are laid with a good base without concrete repairs can be made underneath them if necessary. Repairs to the concrete would be more difficult and costly. He also suggested that whatever material is used for the center streetscape project sidewalks should continue around the Cary Memorial Building. Mr. Goddard explained that the Cary Memorial Building Contractor would like to know what materials will be used for the sidewalks in order to prepare to do the work right after the Patriots Day events. Mr. Pato recommends the concrete sidewalk with brick edging which will provide access for everyone. Mr. Cohen agrees with using concrete with the brick edge, but no matter what material is used it will not remain perfect for years and years. Ms. Ciccolo, has had direct experience with installing street sidewalks and feels concrete with a brick edge is preferable for accessibility. She suggested doing some site visits to some downtowns and find out what specifications they used. All the Selectmen feel it is important to be committed to long -term maintenance of the sidewalks. Ms. Cusack, Commission on Disability, prefers a concrete sidewalk. Ms. McKenna, 9 Hancock Street, supports consistency and would like the Battle Green Master Plan, Center Streetscape and Cary Memorial Building complex to use the same material for the sidewalk. Selectmen's Meeting — November 17, 2014 Mr. Goddard explained that the current construction plan is to remove the existing brick in the semi - circle and put a new base and reset the existing bricks. When the Selectmen reviewed there were different opinions on what material to use from the Historic Districts Commission and the Commission on Disability. The Selectmen recommended looking at options. The Selectmen will continue the discussion of sidewalk material at their meeting on December 1. Solar Task Force Discussion on Hartwell Mr. Voss, Sustainable Lexington Committee Solar Task Force, updated the Board on the solar projects. The Lexington High School rooftop solar installation is the final building to be completed and is on track to begin working in December. He provided a summary of the Hartwell solar project, including gross benefit, site availability assessment, site analysis, and schedule. In conclusion, the Hartwell project is moving forward strongly. The critical path rests with Development Site Selection/Letter of Intent which would allow the vendor to move forward with critical permit application and does not financially commit the Town. The Solar Task Force requested permission to present the proposed site assignment to the Selectmen on December 1 and at that time confirm that the Town Manager will have authority to enter a Letter of Intent with the vendor. Mr. Pato asked what information would be provided to the Selectmen for the December 1 meeting. Mr. Voss said the contractor is working on the operational site and revenue impact and will come up with a case to review. Mr. Voss responded to Mr. Kelley's question about the timeline. The federal grant program economics are better if done before April. Come April it is estimated the current allotment for this type of solar project will close and the project would be delayed until more allotments are authorized, and also the rules governing the benefit to the Town will change and not be as beneficial to the Town. Mr. Kelley does not want to rush with this project and wants to make sure the Town has lots of flexibility and he also wants to hear from the police regarding the firing range. The current site has been successful and provided a positive financial benefit, which cannot be accommodated anywhere else. He asked that the analysis identify alternatives for transporting the current materials going to the Hartwell site. He would like to hear from Public Works on the current operations and a general history of the site and how the Town services the needs of the Town before committing to solar for 25 years. Selectmen's Meeting — November 17, 2014 Mr. Pato deferred public comment until the December 1 Selectmen meeting. Mr. Kanter is concerned about analysis for the firing range needs since there is no information on what to build so the location and size may be at risk. Request for Special Town Meeting from School Committee Ms. Coppe, School Committee Chair, made a presentation to the Selection requesting that a Special Town Meeting be called for early January 2015. She reviewed the options to increase capacity in the schools, including the facts, assumptions, urgency, timeline and solutions. The options include: standard modular classrooms that have a lifespan of 10 years with a 3 -year lease with the option to purchase; prefabricated classrooms with a lifespan of 20 years; brick and mortar additions with a lifespan of 50 years; and rebuilding Hastings. The Elementary School enrollment is projected to grow at about 45 + 19 students per year. The School Committee assumes: the need for flexible and scalable solutions; working under the umbrella of the School Master Plan; class size guidelines cannot be maintained while preserving dedicated specialist space; "empty chairs" do not solve current educational needs; and to preserve the option of brick & mortar additions, we need at least 3 years of space to accommodate increasing enrollment. She provided the urgency documented by the ESG and SMMA and the urgency defined by the overcrowding. The two solution approach for September 2015 is to install 6 modular classroom spaces at three elementary schools and evaluate redistricting options. If there is no Special Town Meeting in January 2015: the additional classrooms could not be available for use before November 2015; there would be disruption to the fall/winter school classroom schedule; specialist classrooms would be repurposed to general classrooms which would impact the curriculum, increase class size and compromise school parity. The location of the modular classrooms will not impact: long -term planning; a new or renovated Hastings; or possible future additions to Harrington and Fiske. Thus the School Committee seeks the Board of Selectmen's support to avoid further overcrowding and provide the current level of programming for all of the students. The Selectmen were concerned about having a Special Town Meeting before the results of the report are available on space solutions and getting the necessary 2/3 vote from Town Meeting to borrow the necessary funds in view of the short window to get information out. Selectmen's Meeting — November 17, 2014 Mr. Cole, Capital Expenditures Committee (CEC), acknowledged the challenging situation. The CEC has not voted but recommends continuing with the process and plan on a Special Town Meeting at the beginning of the 2015 Annual Town Meeting. Mr. Parker, Chair of the Appropriation Committee (AC). The AC has not voted on a position but based on discussions with the School Committee and others they feel there should not be a Special Town Meeting scheduled until the Town has received the report with options for handling the school overcrowding and until a good plan can be analyzed further and everyone can be confident that it is ready to be presented at a Special Town Meeting Ms. Strimling, Peacock Farm Road and Bowman parent, feels there are tradeoffs and she is willing to wait for the report and then make the best long -term decisions for the schools. Ms. McKenna, Precinct 6 Town Meeting Member, shared her comments with the School Committee. She will have a hard time supporting adding modulars at the Fiske School because it is a new school and moving the geo- thermal system would be harmful. She feels the Special Town Meeting should not happen until after the report is received. She suggests that the Schools should consider adding staff to handle class size issues that will come up with the higher enrollment. Ms. Stevens, 1373 Mass. Avenue, feels the Special Town Meeting should not be scheduled before the report is received. Ms. Colburn, 49 Forest Street and Precinct 4 Town Meeting Member, feels the Special Town Meeting should be scheduled for January. Symmes, Maini & McKee Associates (SMMA) has stated that adding the modulars will not affect options for handing the increased enrollment projections. Since it is known that space is needed and the earliest new space could be built is 2017 why not add modular units to the schools now. Redistricting is only a one year solution; still need solution for future needs. She asked the Selectmen to consider the impact of the instability to principals, teachers and students. She asked the Selectmen if they are voting no to modulars or because of the need for a better plan and more information before a Special Town Meeting is scheduled. Ms. Lin, 2 Eustis Street and Bowman parent, suggested waiting until the report is received and the Town has a more comprehensive picture of the options. Asked when the SMMA Report would be available, Mr. Poinelli, SMMA, said the draft report is anticipated for January 5, which will include options for proceeding. The report will be reviewed and the School Committee and others will provide comments. The report should be available for the Selectmen and Finance Committee before the end of January. Asked about when the Town expects to hear from the MSBA regarding the Hastings School project, Dr. Ash said the earliest they expect to hear anything is the end of November. Selectmen's Meeting — November 17, 2014 Mr. Kelley does not see a downside to having the Special Town Meeting prior to the 2015 Annual Town Meeting in March. The Ad Hoc School Master Planning Committee needs time to complete its work. For the best interest of the community he does not support a Special Town Meeting in January. Mr. Cohen said he is not against adding modulars, but feels it would be a mistake to have a Special Town Meeting in January without being prepared. It makes the most sense to wait until March. Ms. Ciccolo is concerned that a request for modulars at a Special Town Meeting in January would fail because there is not enough time for meetings and to get consensus of everyone. She is not opposed to modular units but thinks there is value in waiting for the results of the report. Also need to know whether the MSBA will approve Hastings as a project. Ms. Barry is concerned about the timing. A Special Town Meeting in January would require an incredibly fast paced process to get everyone up to speed. Mr. Pato is supportive of the school system, but bringing Town Meeting members together for a Special Town Meeting in January will not allow much time to get the information out early enough for Town Meeting Members to review. Upon motion duly made and seconded it was voted 5 -0 to plan to call a special town meeting before the annual town meeting. 2015 Tax Classification, Valuation and Rate Setting Presentation Mr. Johnson, Chair of the Board of Assessors, reviewed with the Selectmen the preliminary /unapproved values by Class for FY2014 to FY2015, tax rate shift options and property comparisons, alternative tax rate scenarios for FY2015, a historical levy summary, history of average single family dwelling and tax burden from FYI 992 to present, tax factors and tax rates for comparable commercial communities and contiguous communities, the top 25 communities by total assessed value, and tax factors and tax rates for Aaa rated communities. Also Present: Board of Assessor Members Mr. Grant and Mr. Groblewski; Mr. Lent, Assessor and Mr. Addelson, Assistant Town Manager for Finance. When the Board votes the tax rate there will be four votes: establish a residential factor, determine whether to adopt the Open Space Discount, determine whether to adopt the Residential Exemption and, if so, the percentage (up to 20 percent), and determine whether to adopt the Small Commercial Exemption. Selectmen's Meeting — November 17, 2014 Mr. Pato asked about the estimated tax bills for the first two quarters and whether they would increase by 2 percent or be flat. Mr. Addelson answered that the Town is permitted to capture in preliminary tax bills the increase attributed to debt exclusions and 2 �/z percent allowable increases. Ms. Ciccolo asked about the large drop in personal property and whether it is because of the number of corporations who have applied for manufacturing status. She also asked how many corporations achieve manufacturing status. Mr. Lent answered that he will have to do some research and get back to the Board, but he believes most of the larger corporations have achieved the manufacturing status. Mr. Addelson stated that the personal property drop may be partially attributable to the DOR values, which staff is looking at. Ms. Ciccolo asked whether the increase in property values is happening to other communities or just Lexington. Mr. Johnson said the main reason for the increase in values is the market. There have been major changes in assessing practices driven by DOR and the Town has tried to become better and more accurate and have done additional field inspections, interior inspections and cleansed the data. Mr. Pato suggested that on average the increases are attributable to the market price increase but the market did not rise or fall uniformly so there is more variability among segments, which will spread out the burden more significantly than is usually seen year to year. Mr. Johnson said the average increase in property values will be 10.66 percent and that there are going to be some that increase more and some will be less. Mr. Pato has asked the Tax Deferral and Exemption Study Committee to do a quick study on the effect of the changes and for the residential exemption, which is a more substantial tool, and to provide a more detailed analysis over time. They will be invited to present information at the next Selectmen's meeting on December 1. F2016 Preliminary Capital Projects Mr. Addelson explained that staff has begun the process of developing the FY2016- FY2020 capital plan. This is an opportunity for the Selectmen to highlight projects at this early stage that they deem significant or if they have any comments or questions they would like answered. The Board was provided a list of all the requested capital projects. All of the project requests have also been sent to the Capital Expenditures Committee, and if appropriate the Community Preservation Committee, for review. During the Budget Presentation meetings staff will present their capital requests. Selectmen's Meeting — November 17, 2014 Mr. Kelley requested a list that showed whether the capital project included Community Preservation funds. Ms. Ciccolo felt the sidewalk improvement request was low, especially with the increased enrollment issues at Bridge School and whether there would be safety improvements needed in that area. Solar Task Force Discussion on Community Aggregation Mr. Sandeen, member of the Sustainable Lexington Committee Community Choice Task Force, stated that the Task Force recommends that the Selectmen include a warrant article on the 2015 Annual Town Meeting warrant seeking Town Meeting authorization to enter into a Community Choice Aggregation program. Other members of the Community Choice Task Force include Mr. Chernick and Mr. Manz. Mr. Sandeen presented information on: current electricity generation, competitive supplier status, commercial accounts, public- private options, what is community choice and how it works, and the approval process. The approval process includes Town Meeting approval, issue RFP to hire an energy broker, broker develops aggregation plan with Department of Environmental Resources (DOER), Selectmen approve aggregation plan, Department of Public Utilities (DPU) approves plan, broker issues RFP for competitive supplier, and Town chooses competitive supplier. The warrant article they are proposing is to see if the Town will vote to authorize the Board of Selectmen to enter into a Community Choice Aggregation Program and contract for electric supply for Lexington residents and businesses as per MGL 164, Section 134, or otherwise act thereon. Selectmen Committee Appointments Upon motion duly made and seconded, it was voted 5 -0 to appoint Seetha Ramnath to the Council for the Arts for a term to expire September 30, 2017. Upon motion duly made and seconded, it was voted 5 -0 to appoint Kevin Breunig to the Greenways Corridor Committee to fill the unexpired term of Richard Abrams until September 30, 2015. Approve Limousine License — R &M Ride Upon motion duly made and seconded, it was voted 5 -0 to approve the application and issue one limousine license to R &M Ride, 24 Deering Avenue. Selectmen's Meeting — November 17, 2014 Approve Class II License — Minutementech Automotive LLC Upon motion duly made and seconded, it was voted 5 -0 to approve the application and issue a Class II license to Minutementech Automotive, LLC, 6 Fulton Road, provided no vehicles are stored at the property at any time. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and sewer commitments and adjustments: Commitment of Water and Sewer Charges October 2014 Finals $17,002.87 Commitment of Water and Sewer Charges October Cycle 9 $343,728.14 Commitment of Water and Sewer Charges Section 1 Bill Run $2,283,146.95 Approve Tax Bill Insert for Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Bicycle Advisory Committee to include a Bicycle Safety Flyer as a tax bill insert. Approve Selectmen Minutes Upon motion duly made and seconded, it was voted 4 -0 -1 (Ms. Barry abstained) to approve the minutes of October 6, 2014. Approve Selectmen Executive Session Minutes Upon motion duly made and seconded, it was voted 4 -0 -1 (Ms. Barry abstained) to approve the executive session minutes of October 20, 2014 and November 3, 2014. Documents Presented Lexington School Committee Request for Calling a January 2015 Special Town Meeting, November 17, 2014. 2. Elementary Schools Relief Valves, SMMA Lexington Master Plan — Phase 1. Executive Session Upon motion duly made and seconded, it was voted 5 -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 in 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. Selectmen's Meeting — November 17, 2014. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 12:10 a.m. on November 18, 2014. A true record; Attest: Lynne A. Pease Executive Clerk