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HomeMy WebLinkAbout2015-04-BOS-min Selectmen’s Meeting April 1, 2015 A meeting of the Board of Selectmen was held on Wednesday, April 1, 2015, at 6:30 p.m. in Room 148 of the Lexington High School, 251 Waltham Street. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Article Presentations / Positions Article 11(a) Appropriate for Municipal Capital Projects and Equipment - Center Streetscape Improvements and Easements – Phase I Mr. Kelley will be presenting a minority report this evening at Town Meeting. Article 11 (c) Appropriate for Municipal Capital Projects and Equipment - Storm Drainage Improvements and NPDES Compliance Mr. Valente reported that the change to the Motion is that he is recommending that some unexpended balances from prior year capital be used to underwrite the cost of Article 11 (c). Article 14 Appropriate for Water System Improvements Mr. Valente explained that similarly, there is an unexpended balance to be applied to Article 14. Mr. Pato confirmed that the Board has no objections to the change in the motions for Article 11 (c) and Article 14. The revised motions will be put out on the table for Town Meeting. Executive Session Upon motion duly made and seconded, it was voted 5-0 to go in to Executive Session at 6:35 p.m. to consider potential litigation regarding 430 Concord Avenue, and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Ms. Barry recused herself from executive session due to a personal interest. Her husband is an employee of the Town of Lexington and covered by the Town’s health plan, as is she. Upon motion duly made and seconded, it was voted 4-0 to go into Executive Session for an update on coalition bargaining and to reconvene in Open Session only to adjourn. The Chairman further declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting April 6, 2015 A meeting of the Board of Selectmen was held on Monday, April 6, 2015, at 6:00 p.m. in Room 148 at the Lexington High School, 251 Worthen Road. Chairman Pato, Mr. Kelley, Ms. Ciccolo and Ms. Barry; and Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Article Presentations/Positions Article 11a – Appropriate for Municipal Capital Projects and Equipment - Center Streetscape The Selectmen discussed whether they wanted to ask Town Meeting to reconsider Article 11a or not and whether to reconsider the same motion or a different scope of project. Mr. Kelley does not want the project reconsidered, especially since he is against the signalization of the Massachusetts Avenue/Woburn Street intersection. He also feels there was not enough notification to residents about the project. He has concerns about the placement of crosswalks and whether they are safe with or without the signal. He suggests bring the project back to a fall Special Town Meeting or the next Annual Town Meeting. Ms. Barry is in favor of reconsideration and see where Town Meeting wants to go with the project and then get the additional information. Ms. Ciccolo has not made up her mind. She understands Mr. Kelley’s issues regarding whether the project is ready and whether residents have enough information, but also feels it is an important safety project that should not be put off too long. She wants to know what Mr. Cohen’s thoughts are and whether enough additional information could be brought forward for this Town Meeting. Mr. Pato talked with Mr. Cohen and he was disinclined to proceed with the project without the signalization. He would have to be convinced to have the project reconsidered. Mr. Pato feels the intersection needs to be addressed for safety and the sidewalks are currently not safe because of their condition. There needs to be a speedier solution but also have to do a better job of getting information to residents and receiving feedback. Mr. Melendez, 1556 Massachusetts Avenue, is not in favor of the signalization at the Massachusetts Avenue/Woburn Street intersection. He feels the proposed project does not address pedestrian crossing enough. Ms. Hai, Chair of the Capital Expenditures Committee, asked whether the project would be delayed another year if it was not approved at this Town Meeting. Selectmen’s Meeting – April 6, 2015 Mr. Valente responded that if the project is not approved at this town meeting it could not be done within the next construction season and would be delayed for at least another year. If there is a fall Special Town Meeting and the project is approved there is a chance it could be bid over the winter and done during the next construction season. Ms. Manz, member of the Capital Expenditures Committee, suggests bringing the project back for reconsideration and bring forward information on all the possible options that have been looked at and let Town Meeting Members know why the current design was selected and why it is preferred. The Selectmen will discuss Article 11a again at their April 13 meeting. Consent Agenda Approve Minutes and Executive Session Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of December 9, 2014 and December 15, 2014. Upon motion duly made and seconded, it was voted 4-0 to approve the executive session minutes of January 12, 2015, February 10, 2015 and March 23, 2015. Approve One-Day Liquor License – Full Circle Adoptions Upon motion duly made and seconded, it was voted 4-0 to approve the request of Full Circle Adoption Agency for a one-day liquor license to serve all alcohol for a fundraising event on Saturday, May 2, 2015, from 6:00 p.m. to 10:00 p.m. at the Sacred Heart Parish Hall, Follen Road. Approve One-Day Liquor License – Finlandia Foundation Upon motion duly made and seconded, it was voted 4-0 to approve the request of Finlandia Foundation for a one-day liquor license to serve beer and wine for a May Day party on Friday, May 1, 2015, from 5:00 p.m. to 12:00 p.m. at the Historical Society’s Depot Building. Executive Session Ms. Barry recused herself from the executive session and left the meeting room. Selectmen’s Meeting – April 6, 2015 Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session for an update on coalition bargaining 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 of the Town. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 7:10 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 8, 2015 A meeting of the Board of Selectmen was held on Wednesday, April 8, 2015, at 6:30 p.m. in Room 148, of the Lexington High School, 251 Waltham Street. Chairman Pato, Mr. Kelley, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Mr. Johnson, Precinct 3 Town Meeting Member, commented about the accessibility of the Selectmen’s positions on individual Town Meeting articles and the ability of Town Meeting members and citizens to find that information. The Selectmen do not produce reports like the Appropriation Committee and Capital Expenditures Committee do. Mr. Johnson had difficulty with searching on the Town’s public records portal for information. He suggested updating on the TMMA list what the positions are and the date that the article came before the Selectmen. Mr. Pato pointed out that the Selectmen do make that information available in the packets. The Board will take Mr. Johnson’s input into consideration when looking at various communication strategies moving forward. Ms. McKenna, Precinct 6 Town Meeting Member, has been thinking about the Article 11 (a) (Appropriate for Municipal Capital Projects and Equipment – Center Streetscape Improvements and Easements – Phase 1) discussion and some of the subsequent discussions. In her opinion, the biggest problem with our ability to do projects is that we really don’t have community buy in on a collective vision for the Center. We have projects like Grain Mill Alley, the Battle Green Master Plan and Center Streetscape all going off in different directions. She suggested that before putting in place a Steering Committee, develop some process by which we get some collective community buy in for what the vision should be, so that we tie all these projects together instead of trying to have all these separate projects. She added that this cannot be done in the context of the current Town Meeting. Mr. McGuirk, Precinct 2 Town Meeting Member, commenting on Article 11 (a) referred to the Design Option Comparisons chart handed out at Town Meeting, and pointed out that the design options are labeled as Options 1 – 3 and then, Round About. Mr. McGuirk feels that the fact that Round About does not have a number and is listed at the end, indicates it was not seriously considered. He would suggest that the Round About option be given serious consideration. Selectmen Concerns and Liaison Reports Mr. Pato brought to the Board’s attention, a press release from the Hanscom Area Towns Committee, announcing that it will be hosting Mr. Paul Regan, Executive Director of the MBTA Advisory Board, at the next HATS meeting on April 23. There will be a discussion on matters that the various towns in the HATS grouping have with MBTA service. We took a request from Town Meeting last year to approach the MBTA about getting weekend travel on buses restored on Sunday and extended throughout the week. Mr. Pato wants the Board to consider whether or not we want to use this forum as an opportunity to re-raise this with the MBTA or to leave it for Selectmen’s Meeting – April 8, 2015 our own bilateral discussions. At the next Selectmen’s meeting, Mr. Pato wants to revisit that question so the Board will have the opportunity to discuss it before the HATS meeting. Ms. Barry reported that in anticipation of Patriot’s Day, the Lexington Council for the Arts is sponsoring the Golden Tricorn Hat scavenger hunt. This past Monday, 10 Golden Tricorn hats were hidden in businesses and shops around town. If you are the lucky person to discover a hat, you are invited to march in the afternoon parade on Patriots’ Day. Article Presentations/Positions Mr. Pato explained that the Selectmen will postpone substantive discussion on Article 11 (a) until Monday when they are a full Board again. He asked the Town Manger to prepare with engineering a time line for how we might engage with the public from now until when this project would come online. Mr. Pato wants to make sure we have a timeline we can publish, that the public is well aware of it, and that we respond to issues that have arisen during this debate. And he believes we need to do this whether or not the Selectmen want to move for reconsideration. Mr. Kelley added that he asked the engineering department for all of the data that Beta has used until now to calculate the level of service of the intersection presently and how it would change with signalization as proposed. Mr. Kelley was told it would take at least two weeks to get that information. Mr. Kelley thinks that this issue could be voted at a Fall Special Town Meeting without delaying construction in 2016. Approve Bike, Walk n’ Bus Week Walking/Biking Signs Ms. Enders, on behalf of the Bike, Walk and Bus Organizing Group presented the request for placing wayfinding signs in various locations around town during Lexington Bike Walk n’ Bus Week. The signs are to let people know the travel times or mileage from various locations around town to encourage walking or biking instead of driving. Ms. Ciccolo thinks this is a great idea. In the suburbs we have a very different perception of distance. We know that we will all be better served if we get out of our cars more often and walk or bike. Ms. Barry commended the Bike, Walk n’ Bus Group for bringing this idea forward. Ms. McKenna on behalf of the Tourism Committee, pointed out that the Bike, Walk n’ Bus week is part of Revolutionary Revelry. She asked the Bike, Walk n’ Bus Organizing Group to coordinate with the Tourism Committee regarding the sign in the Depot Square area because the Tourism Committee has a lot of programming planned for May in Depot Square. Upon motion duly made and seconded, it was voted 4-0 to approve the proposed wayfinding sign style and locations. Selectmen’s Meeting – April 8, 2015 Approve Tax Deferral Insert in Tax Bill Mailing The Selectmen reviewed the information proposed by the Tax Deferral and Exemption Study Committee to be included in the mailing of the June tax bill. Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Tax Deferral and Exemption Study Committee to insert the tax deferral information as proposed into the June tax bill. Upon motion duly made and seconded, it was voted 4-0 to approve spending approximately $300 from the Selectmen’s account to cover the cost of printing the insert. Town Manager Appointments – Youth Commission Upon motion duly made and seconded, it was voted 4-0 to approve the Town Manager’s reappointments of Debra Ann Hankins and Joseph Hankins to the Lexington Youth Commission for a term to expire April 30, 2018. Upon motion duly made and seconded, it was voted to adjourn at 7:01 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting April 13, 2015 A meeting of the Board of Selectmen was held on Monday, April 13, 2015, at 6:00 p.m. in Room 148 at the Lexington High School, 251 Worthen Road. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; and Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Pato attended the Library Foundation event over the weekend which was a great event for residents of all ages. Town Manager Report Mr. Valente reported on two items: 1.It has been necessary to run two pumps in the Gleason Road area and only one pump has the VFD so the neighbors have been notified they may hear some booming. 2.Eversource will be inspecting transmission lines by helicopter starting soon. Article Presentations/Positions Article 43 – Amend General Bylaws – Demolition Delay Mr. Pato stated that the citizen who submitted this article intends to amend the motion from 24 months to 18 months. The Selectmen did not change their No position on this article. Article 11a – Center Streetscape The Board reviewed a proposed timeline for a public input process for the Center Streetscape Project. The Board needs to decide if they want to reconsider this article at the Annual Town Meeting or have a public input process and bring back a possible project for a fall Special Town Meeting. Mr. Cohen was frustrated when listening to the Town Meeting debate since the process has been worked on for four years. He wished the Selectmen had pointed out the emails they received in favor of the project. He hopes a new plan can be brought forward to improve the intersection and make it safer for all. Ms. Barry thanked all the staff for the years of work. The Board needs to find a way to reach everyone in the community with information on important projects. She also suggested renaming the project so residents realize that it is an important safety project. She hopes the project comes back soon. Selectmen’s Meeting – April 13, 2015 Ms. Ciccolo does not favor reconsideration because of the discord of the Town Meeting Members. The safety portions of the project need to be separated out. This is a critical safety project and she hopes it returns for approval in the fall. Need to ask Town Meeting Members to attend meetings regarding the project. She agrees with the proposed timeline but thinks the November 2015 Selectmen Presentation and Public Meeting will need to be done earlier. Article 11q – Parking Meter Replacement Mr. Valente handed out a revised proposal for the parking meter capital request. The revised proposal requests $113,000 for shipping, installation, signage and training, which would be funded from the parking Meter Fund and would not require borrowing. The Parking Management Group would purchase 15-20 single-head smart meter technology in specific locations for a two month period with the final approval of the trial and installation of any meters by the Selectmen. Mr. Michelson, Chair of the Lexington Center Committee supports the revised proposal. Mr. Pato forwarded a message from Town Meeting Member Johnson that the new technology will provide options for smart phones. Ms. Barry asked if the Appropriation Committee and Capital Expenditures Committee needed to review the proposal. Mr. Kanter stated that the CEC will discuss at their 7:00 p.m. meeting on April 13. All of the Selectmen support reconsidering this article and also support bringing forward a substitute motion for the revised proposal. Article 25 – Rescind Prior Borrowing Authorizations The proposed motion asks that the unused borrowing authority as set forth below be rescinded:  Article 36 of the 2007 Annual Town Meeting, Public Works Facility - $2,261,871  Article 9 of the 2010 Annual Town Meeting, Land Purchase Off Marrett Road - $1,002,600 All of the Selectmen support this article. Article 26 – Establish and Appropriate To and From Specified Stabilization Funds The proposed motion for Article 26 includes the following requests: MOTION: a) That $215,000 be appropriated from the Capital Projects/Debt Service/Building Renewal Fund to offset debt service for projects excluded from the limits of Proposition 2 ½; Selectmen’s Meeting – April 13, 2015 b)That $9,447,832 be appropriated to the Capital Projects/Debt Service Reserve/Building Renewal Fund, and to meet this appropriation $6,405,035 be appropriated from the General Fund unreserved fund balance, and $3,042,797 be raised in the tax levy; c)That $92,414.93 be appropriated to the Transportation Demand Management/Public Transportation Stabilization Fund, and to meet this appropriation $92,414.93 be transferred from the TDM special revenue account; d) That $18,174.93 be appropriated to the Traffic Mitigation Stabilization Fund, and to meet this appropriation $18,174.93 be transferred from the Traffic Mitigation special revenue account; and e) That the name of the Capital Projects/Debt Service/Building Renewal Fund be changed to the Capital Projects Stabilization Fund with the purposes of the Fund to remain the same. All Selectmen support this article. Article 30 – Amend FY2015 Operating, Enterprise and CPA Budgets The proposed motion for Article 30 is: MOTION: (a) That the following amounts be appropriated to the following line items for the FY2015 budget as approved under Article 4 of the 2014 Annual Town Meeting, and that said amounts be transferred from the following sources: Line ItemProgramFromTo 2140Unemployment Insurance$ 200,000$ 280,000 2160Property and Liability Insurance$ 776,455$ 806,455 2400Facilities$ 9,897,675 $ 9,943,675 and, further that $156,000 be appropriated from the General Fund Unreserved Fund Balance to finance said amendments. (b) That the following amounts be appropriated to the following line items for the FY2015 budget as approved under Article 5(c) of the 2014 Annual Town Meeting, and that said amounts be transferred from the following sources: DescriptionFromTo Recreation Expenses$ 1,036,319 $ 1,066,319 and, further that $30,000 be appropriated from the Recreation Enterprise Fund Retained Earnings to finance said amendment. Selectmen’s Meeting – April 13, 2015 (c) That the following amounts be appropriated to the following line items for the FY2015 budget as approved under Article 8(m) of the 2014 Annual Town Meeting, and that said amounts be transferred from the following sources: DescriptionFromTo CPA Debt Service$ 1,600,807 $ 2,601,767 and, further that $1,000,960 be appropriated from the Undesignated Fund Balance of the Community Preservation Fund to finance said amendment. All of the Selectmen support this article. Article 44 – Resolution on Fossil Fuel Divestment Ms. Barry stated that when Article 44 comes up at Town Meeting she will make a statement prior to the presentation recusing herself from discussion and voting on this article. Use of Selectmen’s Gift Account – Community Center Exercise Equipment The Department of Recreation and Community Programs would like to get approximately $60,000 in equipment for the exercise room. No program equipment funding was included in the Community Center capital budget and the Facilities Department does not believe that there will be a sufficient balance in the Community Center capital appropriation account to finance the purchase of this exercise equipment. Staff is requesting the Selectmen consider the following funding sources for this equipment purchase: 1. Appropriate $30,000 from Recreation Retained Earnings which will require Town Meeting approval under Article 30; and 2. Use $30,000 from the Selectmen’s Gift Account, from the unrestricted payments made over the past six years by Shire with a balance of $115,000. Upon motion duly made and seconded, it was voted 5-0 to authorize the expenditure of $30,000 from the Selectmen’s gift account and move to support the Town Meeting motion to appropriate $30,000 from the Recreation Enterprise Fund Retained Earnings account, both amounts to be used for the purchase of exercise equipment at the Community Center. Grant of Location – National Grid – Vine Street Mr. Pato opened the hearing at 6:38 p.m. Mr. Regan, Permit Representative, requested approval for National Grid to provide new gas service to 28 Vine Street. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 50 feet of 2 inch gas main in Vine Street. Selectmen’s Meeting – April 13, 2015 The hearing was closed at 6:40 p.m. Consent Agenda Sign Minuteman Cane 2015 Award Upon motion duly made and seconded, it was voted 5-0 to sign the 2015 Minuteman Cane Proclamation recognizing John Ward Frey for being a consistent contributor to making Lexington a more beautiful, bike friendly, healthy and livable Town. Sign National Public Safety Telecommunicators Week Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation for National Public Safety Telecommunicator’s Week and to call upon all citizens to join in recognizing the Town of Lexington Public Safety Dispatchers whose diligence and professionalism keep our town and citizens safe. Approve Use of the Battle Green – Chasing American Legends Filming This request is considered an extension of the existing permission they received from the Lexington Minute Men to film during the reenactment. Upon motion duly made and seconded, it was voted 5-0 to approve the request of “Chasing American Legends” to film on the Battle Green on Tuesday, April 21, 2015, for 1 to 2 hours in the afternoon with a cast and crew of no more than 12. Documents Presented 1.Article 11(q) for Reconsideration, Revised Proposal, dated April 13, 2015. Executive Session Ms. Barry recused herself from executive session due to a personal interest. Her husband is an employee of the Town of Lexington and covered by the Town’s health plan, as is she. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss strategy with respect to coalition bargaining and Estabrook School PCB litigation and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. Upon motion duly made and seconded, it was voted 4-0 to adjourn at 7:27 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 15, 2015 A meeting of the Board of Selectmen was held on Wednesday, April 15, 2015, at 6:30 p.m. in Room 148, of the Lexington High School, 251 Waltham Street. Chairman Pato, Mr. Kelley, Mr. Cohen and Ms. Barry; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Barry wanted to make the community and the media aware that beginning at 8 p.m. on Tuesday April 21, 2015 Mass DOT will be repaving the Grove Street Bridge and continuing work through Wednesday April 22, 2015 with an estimated completion by 5:00 p.m. Referring to a map, she noted where the road would be closed and where traffic would be detoured. The work is weather dependent. Local traffic should access their neighborhood from the appropriate side of the bridge. Updates will be posted to the Town’s website and those on twitter can follow the DPW Engineering Department @diginlex for updates. Article Presentations/Positions Mr. Kelley reported that Dawn McKenna has served notice for reconsideration on Article 11(k) Appropriate for Municipal Capital Projects and Equipment – Hastings Park Undergrounding of Wires. His suggestion would be to ask for $100,000 rather than $300,000 with the intent of raising the additional funds to bury the wires and get the poles out of Hastings Park through private sources. Mr. Kelley is willing to help spearhead the fundraising effort. He is hoping the Board can be supportive of this. Ms. Barry is in favor of reconsideration. Mr. Cohen supported this article originally but is going to wait for more discussion. He suggested that fundraising be started now and then do the appropriation after seeing how much interest there is. Mr. Pato is leaning towards not being in favor of reconsidering. Discuss HATS April Meeting Regarding MBTA Advisory Board At a previous Selectmen’s meeting, Mr. Pato asked the Board to consider whether or not they want to use the Hanscom Area Towns Committee meeting on April 23 as an opportunity to advance the request for expanded bus service in Lexington, or to leave it for our own bilateral discussions with the MBTA. Mr. Pato is inclined to the latter but seeing that this opportunity exists wanted to bring it to the Board. Ms. Barry asked if there had been any feedback from the MBTA to date. Mr. Pato explained that we have sent them a letter. The MBTA has replied that they received our letter and understood that we had been looking for expanded service, but made no commitment for doing so. Ms. Ciccolo is the point person on this issue and unfortunately was not able to be here tonight. The sense of the Board was that although it was outside the scope of the meeting, if Mr. Pato was going to see someone from the MBTA face to face, he should maximize the opportunity and bring the request to their attention again. Mr. Pato will use his discretion in taking the opportunity to remind our MBTA colleagues that we would like to pursue this discussion. Selectmen’s Meeting – April 15, 2015 Future Meetings and Goal Setting Dates The Selectmen scheduled meetings for April 29, May 11, June 1, June 8 and June 29, 2015. Mr. Valente will get back to the Board with a date for Goal Setting. 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: Commitment of Water and Sewer Cycle 9 March 2015 $ 195,263.37 Commitment of Water and Sewer Finals March 2015 $ 2,030.62 Adjustments to Water and Sewer Charges as recommended by WSAB 2/26/15 $ (25,615.63) Adjustments to Water and Sewer as recommended by WSAB 3/12/15 $ (7,457.96) Establish a Selectmen’s Gift Account for the Lexington Community Center The Ad hoc Community Center Advisory Committee is anticipating that the Town will be receiving gifts and donations for equipping the Community Center and to support Community Center programs. The establishment of a Community Center Gift Account will provide a vehicle for receiving and expending these funds. Upon motion duly made and seconded, it was voted 4-0 to create a Community Center Gift Account, under MGL chapter 44, section 53A, and to authorize the Town Manager to approve the expenditure of funds from this account in accordance with the wishes of the donor. Sign Arbor Day Proclamation Arbor Day will be celebrated this year on Friday, April 24, 2015. The Selectmen reviewed the proposed proclamation urging citizens to support efforts to protect our trees and woodlands and to support our town’s forestry program. Upon motion duly made and seconded, it was voted 4-0 to approve signing the Proclamation for Arbor Day. Sign National Library Week Proclamation National Library week will be celebrated this year from April 12 to 18, 2015. The Selectmen reviewed the proclamation encouraging all citizens to recognize the staff of the Cary Memorial Library, visit the library, and take advantage of the wonderful resources available. Upon motion duly made and seconded, it was voted 4-0 to approve signing the Proclamation for Library Week. Selectmen’s Meeting – April 15, 2015 Sign 2015 Outstanding Youth of Lexington Award The Outstanding Youth of Lexington Award will be presented to a senior at Lexington High School. This year’s recipient is Vanessa Savage because she is a strong role model and is always thinking of ways to help others make a difference. Upon motion duly made and seconded, it was voted 4-0 to sign the Outstanding Youth of Lexington Award. Executive Session Ms. Barry recused herself from executive session due to a personal interest. Her husband is an employee of the Town of Lexington and covered by the Town’s health plan, as is she. Upon motion duly made and seconded, it was voted 3-0 by roll call to go into executive session to discuss strategy with respect to Coalition Bargaining 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 of the Town. Documents Presented 1.Map showing closure and detour for Grove Street Bridge Repaving Upon motion duly made and seconded, it was voted to adjourn at 7:01 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting April 17, 2015 A meeting of the Board of Selectmen was held on Friday, April 17, 2015, at 8:30 a.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; and Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Request for Center Streetscape Engineering Documents Mr. Valente explained that Engineering received a request for documents from Mr. Kelley. He requested guidance from the Selectmen because of the effort and cost to collect and copy the data. He was also concerned about the planned public meetings and possibly there being two engineers with different ideas. Mr. Kelley is against the signalization of the Woburn Street/Massachusetts Avenue intersection and wanted to pursue options and alternatives with his own traffic engineer and requested the data from Engineering. The Selectmen felt the Town Manager should proceed with the request as a Public Records request, including paying the cost for gathering and copying the information. They suggested that Mr. Kelley wait until after the next public presentation in May with Beta and until additional input is received from the public. There was concern about starting a separate process. There should be a discussion at the next Goal Setting meeting regarding ways to get the public better informed and engaged in projects. Executive Session Ms. Barry recused herself from executive session due to a personal interest. Her husband is an employee of the Town of Lexington and covered by the Town’s health plan, as is she. Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive to discuss strategy with respect to Coalition Bargaining 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. Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 29, 2015 A meeting of the Board of Selectmen was held on Wednesday, April 29, 2015, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building, 1625 Mass. Avenue. Chairman Pato, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Reorganization of the Board The first order of business was the election of a Chairman. Ms. Ciccolo nominated Mr. Pato and there were no further nominations. Upon motion duly made and seconded, it was voted 4-0-1 (Pato abstained) to appoint Mr. Pato as Chairman of the Board of Selectmen effective immediately. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session at 7:02 p.m. to discuss negotiations with non-union personnel – Town Manager and to reconvene in open session. The chairman further declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. The Selectmen returned to open session at 7:05 p.m. Selectmen Concerns and Liaison Reports Ms. Barry reported first, that last Friday she represented the Board at the Arbor Day celebration at Lincoln Park. The Field and Garden Club planted a beautiful Pin Oak in memory of their 8 deceased members over the last year. Ms. Barry thanked the Field and Garden Club for all that they do in the Town and also thanked the Tree Committee and the DPW. She noted that this is the 26th year that Lexington has been a Tree City USA community which is a great achievement. Second, to increase communication with the community, Ms. Barry suggested that the Selectmen have a booth at Discovery Day on Saturday May 23 in the parking lot behind Michelson’s Shoes. Mr. Pato added that if there are no objections he thinks they should go ahead with it and talk about it over the next several weeks. Mr. Pato reported that a lot of work went in to preparing for Patriots’ Day even though the Town had to call off the afternoon parade. He commended the tremendous efforts made by the Town Celebrations Committee, DPW, Fire, Police and all the other organizations involved in putting together a great Patriots’ Day. Mr. Pato noted that the scroll presented to the Selectmen by Paul Revere is typically blank, but this year it was a letter from Mayor Walsh sending his regards to Lexington. The second item Mr. Pato reported on was that the Vision 2020 Sub-Committee on Demographic Change is going to be reviewing progress on the recommendations they made to the Selectmen and others on taking advantage of demographic shifts in the Community. This Selectmen’s Meeting – April 29, 2015 session will be on Wednesday May 13 and Mr. Pato will report on the Board’s actions in response to those recommendations at that meeting. Third, Mr. Pato reported that the Planning Board is about to launch a sub-committee on housing issues. This is part of their preparation for revising the comprehensive plan. The Planning Board asked the Selectmen if we would be willing to appoint a liaison to this group. Fourth, Mr. Pato received a request from the chair of the School Committee regarding an event/meeting exploring a Coalition for Lexington’s Youth. Mr. Cohen added that a date has been set for June 2 and the School Committee would like one or two Selectmen to attend; Mr. Cohen will be one. Mr. Pato continued that this is a follow up to the report on Youth at Risk presented to the Selectmen. Finally, Mr. Pato asked the Board to add May 18 to their calendars for another Board of Selectmen’s meeting so that they don’t have too much of a back-up of material to go through. Ms. Ciccolo let the Board know that this morning at a meeting of the MAPC Legislative Committee, which she now chairs, there was a long discussion about the Governor’s new transportation legislation. There was concern about implications that there will be drastic fare increases and potentially some cuts to bus routes. This is something to keep an eye on. Town Manager Report Mr. Valente’s first item to discuss with the Board was that he learned last week that FEMA has agreed to reimburse cities and towns in most of MA for the January 26-28 blizzard. We will learn next week what the amount of the reimbursement will be. Second, we are expecting temperatures in the mid-seventies next week, but the chiller needed for the air conditioning which will serve Cary Hall and the Town Office building will not be installed until May 11. Mr. Valente is working on a way to ventilate the building. Third, the DPW is looking at a technology called smart ball to analyze the force main on Gleason Road. It is out to bid now, and the next phase of the Gleason Road sewer project is to evaluate inside the main itself. Lastly, Mr. Valente announced the appointment of Sheila Butts as the new Community Center Director and informed the Board of his selection of Thomas Romano for the Youth and Family Program Coordinator position. He introduced Ms. Simmons, Director of Recreation who gave an update on the Community Center. She is planning for an early June move in to the Community Center and expects programming to begin within a week or two of the move. Ms. Ciccolo commended all of the staff and volunteers who have worked so hard on this project. She confirmed that donations to the Selectmen’s Gift Account for the Community Center are tax deductible. Approve Sewer Bond Mr. Addelson, Assistant Town Manager for Finance, explained that the Town is eligible to receive a $1,305,000 loan grant from the MWRA for sewer work. There are two components to the amount that we will receive. There is a grant component of $978,750 and a loan component of $326,250. Mr. Addelson asked the Board to approve the loan. Of the loan amount, $179,750 will be accessed through the borrowing authorization under Article 12(a) of 2013 which is our standard annual authorization for waste water system improvements, and the remaining $146,500 Selectmen’s Meeting – April 29, 2015 against Article 12(a) of 2014. The loan is a 0 percent interest loan, payable over a 10 year period. Upon motion duly made and seconded, it was voted 5-0 that the sale of the $326,250 Sewer Bond of the Town dated May 18, 2015, to the Massachusetts Water Resources Authority (the “Authority” is hereby approved and the Treasurer is authorized to execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on May 15 of the years and in the principal amounts as follows: Year Installment Year Installment 2016 $32,625 2021 $32,625 2017 $32,625 2022 $32,625 2018 $32,625 2023 $32,625 2019 $32,625 2024 $32,625 2020 $32,625 2025 $32,625 It was further voted that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote. Review of 2014 and Preview of 2015 Farmers’ Market Ms. Rosie Wall, Market Manager and Ms. Leslie Wilcott-Henrie, Market Coordinator provided a summary of the 2014 market and what is coming for 2015. 2014 was the tenth season of the Lexington Farmers’ Market (LFM) and the fifth year of the Thanksgiving FEASTival market held on the Tuesday before the holiday. New in 2014, Rosie Wall took over as Market Manager; CycleLoft and Sunlight Solar were welcomed as new sponsors; and a “close the gap” program was created where on the last Tuesday of the month anyone who shows a SNAP benefit card will receive an extra $10 in market gift certificates to shop for local food. In 2015, Via Lago once again held Mondays in March, with 20% of revenues every Monday evening going to support SNAP at the LFM. New vendors to the market will be Pure 7 Chocolate, Seta’s Café, Alex’s Ugly Sauce, Jubali Juice, and Flats Mentor Farm. This season the LFM is looking forward to working with Pinot’s Pallette and The Art Bus to include more town businesses and to provide more art opportunities at the market. Mr. Pato thought the community support for the SNAP program was great to see. Ms. Ciccolo would encourage the vendors to use the square so that people can pay by credit card and the market is even more profitable. There was discussion about why Tuesday was chosen for market day and the possibility of looking at other days of the week. Selectmen’s Meeting – April 29, 2015 rd Review 3 Quarter Budget Report Mr. Addelson, Assistant Town Manager for Finance, and Ms. Moore, Budget Officer, presented rd 3 quarter results as of March 31, 2015 of FY2015 General and Enterprise Fund expenditures by department, as well as FY2015 General and Enterprise Fund revenue collections. For the rd purpose of analysis, it is assumed that at the close of the 3 quarter, departments will have spent approximately 75% of their appropriation and that approximately 75% of estimated revenues will have been collected. In general, both expenditures and revenues are in line with expectations as rd of the end of the 3 quarter. st As of March 31, 65.93% of the FY2015 General Fund budget of $167,028,566 has been expended and 70% has been expended or encumbered. Analysis of those line items exceeding 75% of budget revealed no risk of those departments exceeding its appropriation at the end of the st fiscal year with the exception of the DPW Snow and Ice budget. As of March 31, 70.33% of the FY2015 Enterprise Fund budgets of $19,375,127 have been expended and 72.09% have been expended or encumbered. General Fund revenue collections were largely in line with estimates. As of the end of the third quarter, 76.15% or $136,797,837 of total estimated revenue for FY2015 ($179,639,304) had been collected. As of the end of the third quarter, 70.19% or $14,649,720 of total estimated Enterprise Fund revenue for FY2015 ($20,870,215) had been collected. Discussion of School District Building Projects Plan Mr. Pato provided an introduction for the discussion by recalling that the Special Town Meeting on March 23, 2015 approved architectural design funds for several school projects and noted that this is on a fast track process. Mr. Goddard was present to provide more detail of how we are progressing with our architects. However, Mr. Pato pointed out that this is not just a process for the designers, it’s a process for the community as a whole and for our leadership community to come together. He laid out the process for coming to a consensus thus far, and how information will be communicated, evaluated and decided upon, going forward. Mr. Pato shared with the Board that the School Committee chair has asked him to have a joint editorial in the Minute Man on a monthly basis to convey the status to the community. The editorial would be co-authored by her and Mr. Pato. He asked whether or not the Board has any concerns about that level of communication and would authorize him to develop the letter without having to bring it for a formal vote before it goes to be published. Mr. Kelley thinks it is a good idea, but would like to see the information before it goes in the paper. Ms. Barry supports Mr. Kelley’s idea of advanced notice. She would also suggest that Mr. Pato provide updates on other important projects such as public safety and center streetscape. Mr. Pato intends to keep a review of this project as a standing agenda item at every Selectmen’s meeting so the Board is aware of the progress. Mr. Pato confirmed with the Board that they are not looking to deliberate on or edit the piece but would like the information in advance of it hitting the press. Selectmen’s Meeting – April 29, 2015 Mr. Goddard, Director of Public Facilities updated the Board on the progress of the school facilities capital projects since Town Meeting voted on March 23, 2015. The Permanent Building Committee and the Department of Public Facilities have selected DiNisco Design Partnership as the firm which the Town would contract for the next phase of the project, as laid out in the Consensus Plan, and based on information provided in the Lexington Public Schools Master Plan by Symmes Maini & McKee Associates. Hill International has been contracted to provide project management services and is developing a project website, which Mr. Goddard hopes will be available early next week. The project team quickly mobilized to present an overview to the Town of Lexington Design Review Team (Planning, Recreation, Building Department, Police, Fire, and Conservation) and to the Superintendent’s Administration Council on April 7. School based meetings have been conducted and the design team consultants are examining and verifying the buildings and grounds conditions at each site. The project team is scheduling public forums in May to seek input from the school communities and provide information on the project. Also scheduled are presentations to the School Committee in May and monthly project reviews at the Permanent Building Committee meetings. As the project work continues, more staff level meetings will be conducted with the schools. The second appropriation at the Special Town Meeting on March 23 was a supplemental appropriation for the Lexington High School prefabricated building. The general contractor has mobilized at the High School and has begun demolition and excavation for creating the foundation for the modular building. Mr. Kelley would like to see information as it is available to keep up to date on all the options and alternatives so that the Town is not spending money where we don’t necessarily need to. Mr. Goddard pointed out that details would be reviewed on a monthly basis at the Permanent Building Committee meetings and Mr. Pato reminded the Board that this would be a standing item at every Selectmen’s meeting. Ms. Ciccolo suggested that the Town set up a listserv like was done with the Community Center so that residents can be made aware of information as it becomes available. Mr. Cohen wanted to note that although the School Committee has certain jurisdiction over school buildings, there is going to have to be a debt exclusion vote and 4 of 5 Selectmen have to be convinced, so it is very important to keep the Board informed. Review Draft – Roles and Responsibilities of Permanent Building Committee Mr. Himmel, chair of the Permanent Building Committee joined Mr. Goddard to review recommended changes to and clarification of Roles & Responsibilities for the Permanent Building Committee (PBC) with respect to Town Building Projects. The Town’s bylaw establishing the PBC provides limited detail on which construction/renovation/rehabilitation projects will be overseen by the PBC. Further, the Town established the Facilities Department in 2007, after the PBC bylaw was created. Projects that are new construction, additions or renovations tend to be under the jurisdiction of the PBC. Projects that are rehabilitation (system upgrades such as the Cary Memorial Building project) tend to be under the jurisdiction of the Facilities Department. This division of project management has been by practice rather than a result of an agreed upon guideline. This approach has also helped to balance the workload of the Selectmen’s Meeting – April 29, 2015 PBC. The PBC has drafted a document to clarify their roles and responsibilities. Once the Board of Selectmen has provided its input on this draft document, the PBC will make any revisions and discuss it with the School Committee before finalizing it. Ms. Ciccolo suggested that as the PBC finalizes this they look at streamlining the review process with all of our committees. Mr. Himmel has prepared a document that addresses that process and will present it at some point in the future. Mr. Cohen suggested reviewing whether the process as outlined fits within the existing bylaw. Ms. Barry also wondered if this would require a bylaw change and would suggest some edits to the word choices in the document. Ms. McKenna, 9 Hancock Street, is concerned about the threshold of $3 million. She would not want the visitor center project to be taken out of the PBC process. She suggested keeping in mind the importance of the citizen connection in the building process. Mr. Pato would like to take time away from the meeting to consider whether a bylaw change would be needed, check with town counsel and bring it back for an agenda item should it need bylaw discussion. Ms. Ciccolo would like to see this document one more time before it goes to the School Committee unless it is clear that when it goes to the School Committee that it is still a work in progress. PILOP (Payment in Lieu of Parking) Framework Ms. Tintocalis, Economic Development Director, explained that during the discussion of the 21 Muzzey Street special permit application, the Board of Selectmen proposed that Center redevelopment projects that cannot meet the Zoning bylaw parking requirement have, as an alternative, the option of making a payment in lieu of parking (PILOP) to the Town, with such funds to be used by the Town to manage the Center parking and create additional Center parking. Staff has begun to draft a PILOP policy and/or bylaw and has prepared a general framework for this policy/bylaw. Prior to discussing this framework with the Planning Board and Center Committee, staff would like input from the Board of Selectmen. Mr. Pato pointed out that this is a framework. The question to the Board is, does this cover everything we are interested in; it is not to weigh in on the actual policy. This will go back to the parking management working group and the Planning Board and then come back to the Selectmen with a real proposal to discuss. Mr. Cohen referred to a memorandum by attorney John Farrington which raises the issue of whether the zoning bylaw would need to be revised. Mr. Farrington pointed out first, that the MAPC devoted an entire day seminar to parking mitigation and there is a wealth of material available in their archives. Second, the discussion of 21 Muzzey Street and Memorandum of Understanding, throws into uncertainly the rebuilding of a building and the insuring of a building. Finally, he would suggest that the zoning bylaw and its standards be relooked at. Mr. Fenn 15 Shade Street, is thinking of other buildings in the CB district for mixed use, and wondered if this policy would apply to someone wanting to develop something like Lexington Selectmen’s Meeting – April 29, 2015 Place. Ms. Tintocalis reported that this is exactly the idea, to create an alternative to meeting the on-site parking requirement. Ad hoc Grain Mill Alley Steering Committee Charge Ms. Tintocalis explained that the 2015 Annual Town Meeting approved funding to continue the conceptual design phase of the Grain Mill Alley project. The Board of Selectmen discussed having a steering committee to provide direction to the designer. The Selectmen were provided with a draft committee charge and membership categories for review. The Board was also asked to discuss how they want to reach out to potential members of this Committee. Ms. Ciccolo suggested that Youth membership and Board of Selectmen membership be liaisons only. Mr. Kelley would like to encourage trying to use the space this season with planters or something to define the space. Mr. Pato agrees with Mr. Kelley regarding getting something going quickly. Mr. Shaw, member of the Board of Directors of the Chamber of Commerce, reported that the businesses in Lexington are eager to see the space used as soon as possible. Ms. Tintocalis will come back to the Board with cleaned up language in the charge for approval. Mr. Pato commented that she could also come back with candidates for membership at the same time and she should feel free to start working with a working group. Review Center Streetscape Plan for May/June Public Meeting The Board reviewed the plan for the late May/early June public meeting and considered a possible date to provide residents notice well in advance. Mr. Pato is planning to put on the agenda for the May 11, 2015 Selectmen’s meeting a presentation from the engineering department and consultants for a more detailed review of the recommendations relating to the first phase of the project. Based on the availability of venues and consultants the target date for the first information session is June 18, 2015. The suggested format for the meeting is to be an information session following the process used for the December Tax Assessments meeting, which means a moderated discussion with a presentation, a review of the questions that came up at Town Meeting, and questions by the public provided in writing to the Board of Selectmen. Several Selectmen and members of the public expressed interest in having the first public meeting earlier than June 18 and the second public meeting earlier than October. Mr. Pato will look again for an earlier date in June to hold the first public meeting. Noise Advisory Committee Recruitment and Interim Process Mr. Pato explained that the Noise Advisory Committee has only one member and his term expires in September 2015. The Board needs to recruit participants and the Chairman would like Selectmen’s Meeting – April 29, 2015 to “formalize” the process for reviewing noise complaints until we have an operational committee. Mr. Kelley, as the Noise Advisory Committee liaison, was asked to handle last week’s noise complaint. It is recommended that there should be a second member of the Board tasked to work on recruitment and reviewing complaints with the existing member of the committee until we again have an operational appointed committee. Mr. Cohen volunteered to join Mr. Kelley in handling complaints in the interim and take the lead in finding candidates for the committee. Appointments/ Resignations Historic Districts Commission Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Daniel Griffin from the Historic Districts Commission. Upon motion duly made and seconded, it was voted 5-0 to appoint Ann Eccles to the Historic Districts Commission, representing the Board of Selectmen, to fill the unexpired term of Daniel Griffin until December 31, 2016. Upon motion duly made and seconded, it was voted 5-0 to appoint Robin Lovett to the Historic Districts Commission as an Associate member, representing the Cary Memorial Library, to fill the unexpired term of Britta McCarthy until December 31, 2018. Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Stephanie Lawrence from the Human Services Committee effective September 1, 2014. Registrar of Voters Upon motion duly made and seconded, it was voted 5-0 to appoint Jean Barrett to the Registrars of Voters representing the Republican Town Committee for a term to expire March 31, 2018. Permanent Building Committee – Visitor Center Project Upon motion duly made and seconded, it was voted 5-0 to appoint Peter Kelley and Joel Berman to the Permanent Building Committee, representing the Selectmen on the Visitor Center Project. Use of Battle Green and Musket Fire – Chamber of Commerce Revolutionary Walk Tom Fenn a member of the Board of the Lexington Chamber of Commerce, presented the request for permission to use the Battle Green on Saturday, June 13, 2015, at the beginning and end of a Revolutionary Walk with History. Mr. Fenn would also like permission for musket firing on Depot Square. The Town Manager is responsible for approving the request to walk on the sidewalks and the request for store owners to display store goods on the sidewalk. Staff is also reviewing the request. Selectmen’s Meeting – April 29, 2105 Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green on Saturday, June 13, 2015, at the beginning and end of a “Revolutionary Walk with History” starting at 9:30 a.m. and ending at 4:00 p.m. Upon motion duly made and seconded, it was voted 5-0 to approve musket firing on Depot Square from 11:00 a.m. to 2:00 p.m. This request is approved subject to review and approval by the Town Manager and staff. Consider Health Insurance Opt-Out for Town Manager The Board discussed whether to allow the Town Manager to participate in the Town’s Health Insurance Opt-Out program. Since health insurance is part of the Town Manager’s compensation package, the Ethics Commission has advised the Town Manager that participating in the opt-out program requires consideration and approval by the Board of Selectmen. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to participate in the Town’s Health Insurance Opt-Out program. Consent Agenda Sign National Public Works Week Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation declaring the week of May 17 – 23, 2015 as National Public Works Week, recognizing the employees of the Lexington Public Works Department. Sign National Police Week/Peace Officers’ Memorial Day Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation designating the week of May 10-16, 2015 as National Police Week, encouraging all citizens to join in recognizing law enforcement officers; and proclaiming May 15, 2015 as Peace Officers’ Memorial Day in honor of law enforcement officers who have made the ultimate sacrifice or have become disabled in the performance of duty. This request includes lowering the Battle Green flag on May 15, 2015. Approve Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of January 12, 2015, January 22, 2015, January 26, 2015 and January 29, 2015. Approve One-Day Liquor License – Stacey Elizabeth Avallone Memorial Foundation Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Stacey Elizabeth Avallone Memorial Foundation to serve wine for a fundraising event on Saturday, May 9, 2015, from 2:00 p.m. to 5:00 p.m. at the Depot Building. Selectmen’s Meeting – April 29, 2015 Upon motion duly made and seconded, it was voted to adjourn at 10:03 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk