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HomeMy WebLinkAbout2015-08-BOS-min Selectmen’s Meeting August 3, 2015 A regular meeting of the Board of Selectmen was held on Monday, August 3, 2015, at 6:30 p.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. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to consider the purchase, exchange, lease or value of real property and to reconvene in open session. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the negotiating position of the Town. Selectmen Concerns and Liaison Reports Mr. Pato reported on the many activities in Lexington Center over the weekend and how well they were attended, including the new activities in the Grain Mill Alley. He also praised the Visitor Center for remaining open later on Friday nights to allow use of the restrooms and for purchasing merchandise. Town Manager Report Mr. Valente reported that the Police Department will be hosting a five-day youth summer academy August 17-21 to introduce the many facets of the law enforcement explorer program and public safety. The camp will be held at the Community Center. Request for a New Streetlight at Hancock Church Driveway Mr. Pinsonneault, Public Works Manager of Operations, received a request from the Hancock Church to install a new streetlight on Massachusetts Avenue, north of the Hancock Church to provide better visibility on the edge of the common for the safety of drivers and pedestrians. Public Works recommends installing a new streetlight that matches the existing concrete post and light in an area that will not shine into the abutter’s home. The total cost is approximately $9,000. Hancock Church has agreed to pay 10% of the total cost up to $1400. The Town Engineer does not see the installation of this new streetlight affecting the Streetscape project. The Selectmen asked about the Battle Green Master Plan which will be looking at uniform lighting. Mr. Pinsonneault stated that the Battle Green Master Plan will only be looking at lighting directly on the Battle Green. Mr. Kelley will abstain from the vote since he is a member of the Hancock Church. Selectmen’s Meeting – August 3, 2015 Upon motion duly made and seconded, it was voted 5-0 to approve the installation of a new streetlight at the driveway to the Hancock Church, as presented. Update on Public Information Meeting Regarding Minuteman Statue and Monument Mr. Pinsonneault, Public Works Manager of Operations, has scheduled a public information meeting on Wednesday, September 9, 2015, at 7:00 p.m. to gather input from the community on whether the Minute Man Statute finish should be left as it is or returned to bronze. The project includes sealing the statue to stop any deterioration. After public information meeting Mr. Pinsonneault will return to the Board with a recommendation. The work will not be done until after the Patriots Day events in 2016. Mr. Kanter, Capital Expenditures Committee member and Precinct 7 Town Meeting Member, asked about whether the Minute Man Statue horse trough will be discussed. Mr. Pinsonneault responded that is part of the Battle Green Master Plan work, which is separate funding from the Minute Man Statue repair. Transportation Safety Group Recommendation (Bridge School/Middleby Road Parking Regulation Mr. Valente explained that the Transportation Safety Group (TSG) is proposing to amend the parking regulation on Middleby Road, by the Bridge School, in conformance with the School traffic safety plan being developed for each school. TSG recommends replacing the “No Parking” designation with “Emergency Stopping Only”. The section of Middleby Road where the signs are located is both winding and only 22 feet wide. The intent of the Bridge School on-site improvements (which includes expanding the number of parking spaces), coupled with the on-street regulations, is to encourage drop off/pick up and parking on the school campus. This signage would encourage this behavior not only during school hours but on evenings and weekends when activities are taking place at the school. The two residential abutters have been contacted regarding the proposed change in the parking regulation and have indicated their support. Ms. Ciccolo was concerned about the possible increase in speed with the changes. She asked that it be monitored and if necessary consider adding parking spaces on one side of Middleby Road which will slow the speeds. Selectmen’s Meeting – August 3, 2015 Upon motion duly made and seconded, it was voted 5-0 to approve recommendation of the Transportation Safety Group to amend the parking regulation on Middleby Road by removing “No Parking” and No Parking Here to Crosswalk” signs and installing “Emergency Stopping Only” signs on the north and south side of Middleby Road. Visitors Center FY2015 Financial Report Ms. Tintocalis, Economic Development Director, and Ms. Rynn, Visitor Center Manager, provided an update on the operations of the Visitors Center for September 22, 2014 through June 30, 2015 since the Town took over the operations from the Chamber of Commerce. The net cost of the Visitors Center for FY2015 was $2,210, but monthly sales have been increasing since June. Based on the People Counter, there were 114,772 visitors in FY2015. Recent improvements include: a visible “Open” sign, collaboration with the Historical Society, an increase in Lexington products, being a point of sale for tickets and a new poster that organizes information for the public. Future improvements include: point of sale software, developing a web presence, exploring integration with the Liberty Ride, collaboration on the Visitors Center renovation, and continue to collect and analyze data to make merchandise and strategic adjustments. The Board congratulated the efforts of Ms. Tintocalis and Ms. Rynn at the Visitors Center and feel it has proven its potential and value for the community. Minuteman Regional High School Update Mr. Horton, Minuteman School Committee Member Representing Lexington, updated the Board on the Minuteman High School proposed building project. He provided the Board with a report on the Enrollment Resolution Facts, including the two learning academies and what programs are included in each. He provided a timeline for the building project from now through next spring. August 6 the MSBA will vote on whether to approve the project. If the MSBA approves the project, at the September 8 Minuteman Regional High School Committee meeting Education Alliance will present a draft document that covers the rationale for a 628 student school, the career academy model, the financial and education consequences of a failed building program and what that would mean to the school’s accreditation, the impact of not having a new building, the financial impact and what the cost to the towns and citizens would be and the trigger points for major repairs to bring the Minuteman School up to current codes and if the project fails what the towns would be asked to pay. Selectmen’s Meeting – August 3, 2015 On September 8 the Minuteman Regional School Committee will also review the results of a telephone public opinion survey being prepared by DAPA Research regarding citizen knowledge of the Minuteman Regional School and gauging whether there is support for the building project. The Minuteman Regional School Committee will also discuss on September 8 how to move the project forward and engage all the district towns through December 2015. No decision on a district vote will be made until December. They want to provide all of the information to the member cities and towns and try to get everyone’s support. At the December Minuteman Regional School Committee meeting they will review the progress and see if there is support for the building project and vote on whether to send the proposed school project to each member community for a Town Meeting vote or to call for a District wide vote. All 16 member communities have to support the project for it to move forward. If a district wide vote is taken only 51 percent of the total of votes from all the member communities would be needed for the project to move forward. If the MSBA approves the project on August 6, schematic drawings would be ready by December and would be available to all member communities Mr. Cohen hopes that Lexington will support the proposed Minuteman school project. He supports the proposed 628 student school so that it is able to offer enough programs. He supports the District-wide vote if the 16 member communities do not all support. He also thinks Lexington and the other communities should make sure their high schools have space for the students that currently go to Minuteman and to also think about providing some of the programs that Minuteman offers. Mr. Kelley supports the Minuteman Regional High School and that the 628 student population is the appropriate size to do adequate programs. He asked how many out-of-districts students would be include in a 628 student school. Mr. Horton responded that initially 40 percent of the students would be out-of-district, but the goal and aim is to increase the district participation. Also out-of-district communities will be asked to pay capital costs. Mr. Kelley asked what the stumbling block is for the 16 member communities with letting some member communities go if the burden is equally shared by all in and out-of district. Mr. Horton stated that the downside for communities who want to get out of the regional agreement is that they will not be able to send students if the school is full. It there is space available they would also be responsible for transportation costs. Minuteman Regional High School is planning to have Inter-municipal Agreements with non-member communities using a formula to recoup as much money as they can for capital improvements. Selectmen’s Meeting – August 3, 2015 Mr. Kanter, as a member of the Capital Expenditures Committee, asked if funds were available for project design if the MSBA approves the project on August 6 and has the MSBA given any indication that the member communities’ comments will have a bearing on the MSBA vote? Mr. Horton stated that the information from MSBA indicates they will accept the proposed 628 enrollment figure option and will vote favorably. Funds have already been approved to do the schematic design work. The next step in the MSBA process if they approve the proposed 628 student building, is to prepare full engineering documents. The Board does not wish to respond to any correspondence as this time. They will consider the information provided at this meeting and reconsider later if want to provide a vocal position later. Discussion of School District Building Projects Plan There was no new or additional information to discuss. Review Goal Setting Items Mr. Valente provided the Board with a preliminary list of goals for FY2016 to FY2017 that came from the July 1 Goal Setting Meeting. The goals are in three sections: preliminary priority goals, preliminary planning and zoning goals and other goals discussed. The Preliminary Planning and Zoning Goals will be discussed at a joint meeting with the Planning Board in the near future. At the last Selectmen’s meeting the Board was asked to prioritize their goals and select two to three top goals to work on. Mr. Cohen’s top priorities are: 1.Affordability for Residents (2) – how to finance an override 2.Public Safety Facilities (3) – extremely important and need to focus on 3.Business Growth (22) – make sure doing what can to attract business on Hartwell Avenue and all commercial areas; Mr. Pato working on two motivating factors: community stewards for fiscal, capital and physical basis and social community stewards and how to keep functioning in a civil and positive way. He would like to focus on moving sustainability forward to serve the community long-term and globally; deal with public safety facilities and focus on public safety for residents and visitors with respect to complete streets, sidewalks and other safety issues; and to do all the above within Selectmen’s Meeting – August 3, 2015 the Town’s means and to be fiscally responsible. The Board needs to engage with the community to find out what goals are acceptable to them. The Board needs to focus on diversity and integrating the entire community from all perspectives on what diversity means and to work on the logistics of the committee processes to make sure committee structures function effectively for efficiency, communication and diversity. Ms. Barry’s top priorities are: 1.Public Safety – public safety buildings and also complete streets and sidewalks 2.Community 3.Inclusiveness – demographics and financial inclusiveness for all ages If she has to prioritize her goals are: 1.Public Safety Facilities 2.Public Information and Communication 3.Affordability for the Residents Ms. Ciccolo looked at how to compliment what work is currently going on and which goals to tackle first. She would like to hear from staff where they would place emphasis on goals and where they need the Board’s input for policy setting or guidance as leaders of the communities before she can refine the goals further. She feels it is important as the school process moves forward to have a sustainability policy to help guide the design. Also the State will be releasing funds for the Complete Streets, which is expected in September; if the Town wants to participate there needs to be a policy. Mr. Kelley wants to continue being considerate of stakeholders. He wants to continue focusing on and responding to complete streets, safety resolution, debates on the Center Streetscape and East Lexington Massachusetts Avenue Intersection Projects and schools. The Board needs to focus on the financial burden that all of these projects will mean to the community on the tax levy. He suggested it would be helpful to have an exercise in the early fall to look at the burdens to the community, including the additional operating costs to handle the school enrollment challenges and see what the community is willing to endorse. His priority is with understanding the financial consequences that the community feels are important to embrace. He also supports business growth and thinks the Economic Development Department has been doing a good job and should be supported. Mr. Pato will meet with each Selectmen individually to talk about their individual goals, how to approach and move the goal forward. He will report back to the full board at the September 9 Selectmen meeting. Selectmen’s Meeting – August 3, 2015 Authorize MWRA Sewer Loan The Department of Public Works will be soliciting bids for removal of infiltration and inflow into its sewer lines in sewer basins 4, 5 and 14. The work is scheduled to begin fall 2015 at an estimated construction cost of $1.565 million. In May 2015 the MWRA made a zero interest loan/grant to the Town in the amount of $1,305,000 of which $586,000 is to be applied against construction costs. The MWRA has made available an additional loan/grant of $979,000 to apply toward the remaining construction costs of which $244,750 is the zero interest loan portion and $734,250 is the grant portion. The Purpose of this item is to seek the Board’s approval to borrow the loan portion against Article 12a of the 2014 Annual Town Meeting, the annual authorization for wastewater system improvements. Upon motion duly made and seconded, it was voted 5-0 that the sale of the $244,750 Sewer Bond of the Town dated August 17, 2015, to the Massachusetts Water Resources Authority (the “Authority”) is hereby approved and the Town 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 August 15 of the years and in the principal amounts as follows: Year Installment Year Installment 2016 $24,475 2021 $24,475 2017 24,475 2022 24,475 2018 24,475 2023 24,475 2019 24,475 2024 24,475 2020 24,475 2025 24,475 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 such 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. Town Manager Evaluation Mr. Pato stated the Board was uniform in its appreciation and admiration for the work Mr. Valente does for Lexington. He looks forward to his continued leadership as Town Manager. Ms. Barry, as the junior Selectman, thanked him for his willingness to provide time to answer all her questions. Mr. Cohen is glad he voted to appoint Mr. Valente as the Town Manager. Mr. Kelley is glad Mr. Valente is here and said it has been a pleasure working with him. Selectmen’s Meeting – August 3, 2015 Ms. Ciccolo feels Mr. Valente makes the Selectmen’s job easy and is one of the best Town Manager’s in the State. Mr. Valente read the following statement: Thank you for your generous comments in my annual evaluation. Quite frankly, any town manager’s ability to do his or her job is largely dependent on the support and direction from their board of selectmen. As I mentioned when the Selectmen at the time interviewed me for this position 10 ½ years ago, I see the Manager and Selectmen as flip sides of the same coin. In Lexington I have been blessed to work with excellent boards of Selectmen who have allowed me to practice a profession that I love. The Selectmen are required by the Town’s charter to complete an evaluation of the Manager each year. Equally important to me, however, is the feedback and direction the Board as a whole and each of you individually provide during the other 51 weeks of the year. I listen to those very constructive comments and will continue to challenge myself to meet your expectations. Much of my work is based on the outstanding efforts of the senior management team, the staff in the Town Manager’s office, and the day to day efforts of the departmental staff. I have the easy part of presenting the results of the work of our very talented employees who I am fortunate to serve with. Lastly, the Board of Selectmen’s support goes beyond just my position. The Board has continually been supportive of the Town staff and the work that they do. That goes a long way and a primary reason why Lexington is such a wonderful community to work in. Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s Evaluation for FY2015: As in our last evaluation, the Board has high praise for your performance and believes that Lexington benefits greatly with you as our Town Manager. In the words of one member of the Board – “same as last year, only better!” We note that you have met all of your previously established written goals. In addition you have handled the unexpected transfer of Visitor Center operations from the Chamber of Commerce to Town staff with grace and efficiency. We applaud your accomplishments. More specific feedback follows: Management of Town Finances As has been the case in all previous evaluations, the Board greatly appreciates your methodical and cautious approach to managing our finances. We appreciate the prudent use of our various stabilization funds, the management of our debt, and the thoughtful Selectmen’s Meeting – August 3, 2015 and collaborative approach for our budget process. Good planning and good oversight has once again made it possible to avoid the need for an override. Our bond rating continues to remain strong. Several Board members observe that you rank at the top of your peer group in understanding municipal finance and that you have done an excellent job over the years in setting clear expectations and controlling budgetary creep. These skills will be tested as the Town prepares to respond to the needs of our growing school population and the demands of other long awaited projects. Communication with Selectmen Your communication with the Board is outstanding. You are well-prepared, clear, concise, and take the time to make sure that issues are well understood. Board members appreciate that you keep them in the loop and insure that information flow is timely. Communication with Other Boards, Committees and Officers You are a model for local government leadership. You strive for inclusiveness, are a thoughtful listener, and are open to hearing new ways of considering things. You work for consensus, but you also keep an eye on reaching closure. Negotiations You continue to perform well in this area and the Board understands how demanding this is of your time and patience. Community Relations The positive feedback we provided in terms of your work with other Boards, Committees and Officers also applies to your work with all members of our community. You have taken a personal interest in reaching out to the community and finding ways to make town governance accessible to multiple cultural traditions. The Board compliments you on how you reach out to community groups. You are equally available to the business community as you are to cultural and ethnic groups, schools, public celebrations, and other community programs. Several members of the Board express concern over the amount of time this personal level of engagement requires and encourage you to delegate participation in some events to other members of the Senior Management Team. Personnel and Management/Leadership The Board greatly appreciates your leadership by example. You have created an organizational culture that is committed to civil discourse, patience, and accessibility for all. The long tenure for many senior staff speaks to your talent as a leader and a manager who is fair minded and who encourages staff growth and development. Transition planning for the retirement of key staff remains a critical objective. The Board applauds Selectmen’s Meeting – August 3, 2015 the steps you have taken to re-organize and looks forward to you hiring a new Assistant Town Manager for the planning, land management, and community development areas of operation. Problem Solving, Innovation & Decision Making We note and praise your immediate response to any problem or issue directed to you by the Board. We appreciate your presentation of recommendations and the explanation of how you approached the issue and who provided you with advice and/or information. You have a high attention to detail and have a conservative approach to issues that is generally well tuned to community need. Decision making is the key area of responsibility for the Board. Several members of the Board expressed the desire to improve our collaborative decision making processes and believe it is an area for joint work. One member would reduce our reliance on professional consultants and shift more tasks to citizen’s committees. Another member encourages a review of lengthy processes that might be shortened and encourages taking small risks to be more innovative. Personal, Professional and Organizational Expertise and Integrity You have the reputation as being one of the best Town Managers in Massachusetts. Our evaluation agrees with and reinforces this reputation. As one member put it “overall, Carl, I believe, is as good as they get.” We appreciate your continued active work in national and state municipal management associations. As in all prior evaluations, we note that you “maintain high standards of ethics, honesty and integrity in all professional matters.” You also “exercise fair and unbiased professional judgment in providing services and arriving at decisions.” Your leadership in these areas has created an organization of which we and you should be proud. In virtually all areas, Lexington leads in its exemplary organizational behavior and professionalism. In conclusion, we give high praise for your performance and look forward to your continued leadership. Selectmen Committee Resignation – 20/20 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Saatvik Ahluwalia from the 20/20 Vision Committee, effective immediately. Consent Agenda Sign MPO Nomination Paper for Arlington Upon motion duly made and seconded, it was voted 5-0 to approve the Chairman signing Arlington’s MPO nomination paper for an “at-large” seat on the Metropolitan Planning Organization. Selectmen’s Meeting – August 3, 2015 Approve Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of May 18, 2018, June 1, 2015, June 8, 2015, June 10, 2015, June 22, 2015, June 29, 2015, July 1, 2015 and July 6, 2015, including non-substantive editorial changes. Approve Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of June 8, 2015, June 22, 2015 and July 6, 2015. Approve Releasing Executive Session Minutes from 2012 Upon motion duly made and seconded, it was voted 5-0 to approve releasing the following executive session minutes from 2012: January 9, 11, 18, 23 and 30; February 13 and 27 (partial), March 28; April 23 and 25; May 3, 21 and 24; June 4 and 5; July 24 and 30; September 10; October 1 and 22; November 5, 13 and 20; and December 3 and 17. Documents Presented 1.Lexington’s Visitors Center Town Review of Transition/Operations for FY2015. 2.Minuteman Enrollment Resolution Facts: The Determination of the 628 Student Design Enrollment Number. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting August 25, 2015 A joint meeting of the Board of Selectmen and School Committee was held on Tuesday, August 25, 2015, at 6:00 p.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, were present. Also Present: School Committee Members: Ms. Steigerwald, Chairman, Ms. Coppe, Ms. Crocker and Mr. Alessandrini; Dr. Czajkowski, School Superintendent; Mr. Goddard, Public Facilities Director; and Ms. Pilarski, Assistant Superintendent for Curriculum Instruction and Professional Development. Executive Session Upon motion duly made and seconded, it was voted 4-0 (Ms. Barry arrived at 6:05 p.m.) by roll call to go into executive session at 6:00 p.m. to consider the purchase, exchange, lease or value of real property and to reconvene in open session. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 7:55 p.m. A true record; Attest: Norman P. Cohen Selectman Selectmen’s Meeting August 31, 2015 A regular meeting of the Board of Selectmen was held on Monday, August 31, 2015, 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; and Ms. Vine, Deputy Town Manager; and Ms. Pease, Executive Clerk, were present. Public Comment Mr. Pressman, 22 Locust Avenue, requested the Board include a warrant article on the next Town Meeting to move forward affordable housing on the Leary property. Selectmen Concerns and Liaison Reports Mr. Cohen sadly reported the passing of two Lexington residents who contributed to the community: Erna Green was Secretary for the Conservation Commission and later worked on putting together the yearly Annual Reports; and Jan Howell was a major reason why the METCO program has been so successful in Lexington as an advocate for racial equality and the METCO Coordinator at Estabrook. Ms. Barry reported that there will be a public meeting on Wednesday, September 9, 2015, at 7:00 p.m. in the Public Services Building Cafeteria to discuss the restoration of the Minuteman Statue on the Lexington Battle Green and the Lexington Minutemen Monument adjacent to Buckman Tavern. Ms. Barry reported on the Fall 2015 Setback Tree and Street Tree Program. Residents can request a setback tree to be planted on their property in their front yard; residents can also request a street tree to be planted in the town-owned right of way in front of their home. Requests are honored on a first come first served basis. Ms. Barry reported that the Council for the Arts is beginning the 2016 Grant cycle and invites residents to submit an application. Applications are available at the Selectmen’s Office or from the Council for the Arts website (blog.artslexington.org). The website also includes lots of additional information about arts around town. Ms. Barry attended a Superintendent’s House Call where the new School Superintendent came to a resident’s home and listened to about 30 residents discuss issues and concerns of the community. The new Superintendent introduced herself. She plans to do additional House Calls. Residents can contact the Superintendent’s Office regarding scheduling or attending a meeting. Ms. Barry, Mr. Cohen and Mr. Pato attended the Lexington Public Schools Opening Day Ceremonies held in the morning. They wished the Administration, Teachers and 6900 students a great year. Selectmen’s Meeting – August 31, 2015 Mr. Pato reported that he attended the LexFarm Block Party to look at the produce and activities at the farm. He also saw the first presence of East Lexington Community Association at the Block Party and encouraged residents to get involved. Mr. Pato attended a meeting last week to examine the proposed sidewalk materials for the Cary Memorial Building. There have been many discussions between the Selectmen, Commission on Disability and the Historic Districts Commission on the type of exposed aggregate concrete and brick edging to be used. Sample panels have been poured and can be looked at in front of Cary Memorial Building. Another section will be poured from the non-public Police Entrance to the Cary Memorial Building using the preferred treatment to see if it is smooth enough for those with disabilities. He hopes a final conclusion is reached shortly so the sidewalk can be poured. Mr. Pato reminded residents and Town Meeting Members that November 2, 9 and 16 have been reserved as potential Special Town Meeting dates. The Special Town Meeting is driven by the school projects but may also include articles for the following: zoning, land acquisition, Wayland request to leave the Minuteman Regional High School District and some housekeeping articles. Town Manager Report Ms. Vine congratulated Wendy Heiger-Bernays, Chair of the Board of Health, who was appointed as an American Association for the Advancement of Science-Executive Branch Fellowship for the 2015-2016 academic year. She will be assigned to the U.S. EPA, Office of Science Coordination & Policy, Office of Chemical Safety & Pollution Prevention in Washington DC. She will continue to serve on the Board of Health and come back from DC for the monthly meetings. Grant of Location – NStar – Maguire Road/Hartwell Avenue Ms. Carroll, representing Eversource Energy, requested approval of the petition to install approximately 117 feet of conduit in Maguire Road and 155 feet in Hartwell Avenue, which will be used as the feed for the solar project at the Compost Facility. In addition to the feed, the overhead wire running to the Compost Facility will be put underground for safety concerns. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Eversource Energy, formerly NStar Electric Company, to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located in Maguire Road southwesterly at pole 399/11 thence turning and running southwesterly approximately 57 feet northwest of Hartwell Avenue, a distance of about 117 feet of conduit and Hartwell Avenue at and southeasterly from Maguire Road, a distance of about 155 feet of conduit. Selectmen Meeting – August 31, 2015 Grant of Location – National Grid – Belfry Terrace Mr. Regan, Permit Representative for National Grid, requested approval to install 50 feet of 4 inch gas main in Belfry Terrace from the existing 4 inch main at House #15 northerly to House #18 for a new gas service. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of National Grid to install and maintain approximately 50 feet more or less of 4 inch gas main in Belfry Terrace, from the existing 4 inch main in Belfry Terrace, from the existing 4 inch main at house #15 to House #18 for a new gas service. Grant of Location – Verizon/Eversource – Philip Road Ms. Correia, representing Verizon, requested approval for a joint petition with Eversource for the installation of a new pole on Philip Road to service a new home at 10 Philip Road. Mr. Shapiro, 17 Lantern Lane, owns the property where the recommended pole would be placed and felt there were other options for the location of the pole other than his property. Mr. Kelley suggested that Engineering Staff meet with Mr. Shapiro and Verizon and Eversource representatives at the site to work out an alternative location for the new pole that is agreeable to all parties. The hearing will be continued to September 9, 2015 at 9:00 a.m. in the Selectmen’s Meeting Room. Mr. Pato adjourned the hearing at 7:35 p.m. Public Hearing – Amendment to HOME Annual Action Plan Ms. Rust, Regional Housing Services Office, explained that Lexington is currently in a regional affordable housing consortium, receiving approximately $34,600 per year in federal HOME funds. Given the limited amount of the grant, the Town has had few opportunities to expend the funds; therefore the funds have gone to other members of the consortium. She is suggesting that the Selectmen consider using HOME funds for a tenant-based rental assistance program to assist those very low income families with financial assistance by way of a rental subsidy (first and last month rent and security deposit) to help reduce and eliminate housing barriers. Eligible applicants would be low income (60% AMI) households, who do not own property, have never been granted assistance in the program and are not obligated to the Housing Authority for any past due funds. Priority would be given to households with Lexington connections. Avalon, Lexington Housing Authority and Lexington Housing Assistance Board properties would be eligible for the program. Selectmen Meeting – August 31, 2015 The security deposit would be returned to the resident if they moved because the administrative cost of tracking that money would not be worth it. Ms. Ciccolo thinks the program is a great idea but is uncomfortable with returning the security deposit since it comes from public funds. She suggested paying first month rent and an additional ½ of the rent. She hopes the project can move forward. Mr. Kelley asked whether any of the funds have been used for home buyers. Mr. Henry, Planning Director, responded that Lexington Courtyard had a down payment assistance program that was funded by the Lexington Housing Foundation, a private money source, and that no municipal money was used. Mr. Kelley asked if these funds could be used for engineering and architectural work on the Leary property. Mr. Henry investigated using the HOME funds for the Leary property but LexHAB was not interested in using the HOME Funds and it was ruled out of scope around 2008. Ms. Ciccolo and Mr. Cohen asked that the assistance be given as rent, not a security deposit. It is important that tenants pay a security deposit so that they maintain the apartment and it is in good shape when they move out. They suggest giving Ms. Rust the flexibility to develop the regulations with that in mind. Upon motion duly made and seconded, it was voted 5-0 to approve modifying the HOME Annual Action Plan to fund a Tenant-Based Rental Assistance Program with current HOME funds of $34,671. Ms. Rust hopes to return to the Selectmen in October to finalize the program and also to announce the new program and prepare for outreach and publicity. Mr. Pato closed the hearing at 8:00 p.m. There is a 30-day comment period following this hearing. Approve Regulatory Monitoring Report – Avalon and LexHAB Ms. Rust, Regional Housing Services, explained that the Town is required to monitor affordable housing units in town to determine whether the units are in compliance with their regulatory agreements. The regulatory agreements largely require that rents meet affordability requirements, tenant selection follow State and federal non-discrimination requirements, tenants meet low and moderate income levels and that there is the proper documentation in place for these requirements. The Town is required to do an annual certification. Avalon continues to manage properties properly and are courteous, responsive and accommodating during the monitoring process and has all the necessary documentation. Selectmen Meeting – August 31, 2015 LexHAB has made significant improvements in compliance and processes and the relationship with the Regional Housing Services continues to strengthen. Upon motion duly made and seconded, it was voted 5-0 to certify, based on the information provided to the Town, that each Low and Moderate Income Unit at Avalon Lexington, Lexington Hills, and those units owned by the Lexington Housing Assistance Board (LexHAB) continue to be a Low and Moderate Income Unit as provided in the regulatory agreements and that the Project and Low and Moderate Income Units have been maintained in a manner consistent with regulations and guidelines and this agreement. The Selectmen are not opposed to the Town Manager receiving a summary of the Regulatory Monitoring Report done annually for Avalon and LexHAB. Ms. Rust will work to submit a summary report to the Town Manager next year. Joint Meeting with Planning Board – Policy Priorities Also Present: Planning Board Members: Ms. Corcoran-Ronchetti, Chair, Mr. Canale, Mr. Dunn, Mr. Hornig, Ms. Johnson; and Mr. Henry, Planning Director. Governmental/Civic Use Zoning Bylaw or Modification Mr. Henry explained that last spring the proposed Bylaw for a governmental/civic use zone almost passed. He learned from the Selectmen’s Goal Setting Meeting in July that the Selectmen are interested in bringing it back for another Town Meeting vote. He has proposed to the Planning Board a scaled back zone that does not include Town-owned properties. Mr. Pato offered a summary of where the Selectmen were from the Goal Setting Meeting. The proposal to Town Meeting included all Town owned land so the map for the new district included a large percentage of the Town. The goal was to make sure there was some level of Town control when properties change use. Mr. Hornig provided his opinion since the Planning Board and staff have not discussed yet. He would support bringing back the proposed district that was presented at the 2015 Annual Town Meeting. His concerns are that removing the Town-owned land would show an incomplete picture of governmental uses. Also he is concerned about adding privately owned land since there have not been any discussions with the owners about the proposed changes and the Planning Board has not talked through what the allowed uses would mean. There is no time to have conversations before the Special Town Meeting. Mr. Canale agrees with Mr. Hornig’s assessment of the Lexington-owned parcels and what is suitable for residential use and what is not. The institutional civic piece makes sense because not all of the parcels being talked about would be suitable for residential and so there should be some oversight by the Town so if land changes use the Town has a say in the use. The Planning Board needs to look at thresholds and what to include or not. It is a big job and the Planning Board and Selectmen Meeting – August 31, 2015 staff have other things on their agenda. They are willing to try and work on but would like to make sure the staff has the right amount of support. Ms. Johnson feels the Government Civic Use District meets her goals for Lexington zoning because it allows the Town more control and neighborhoods more control, but she does not want the Town-owned land to have special treatment and the zoning should reflect the Lexington we want. Conservation should be part of that district. The Planning Board needs time for a process and outreach plan. The Selectmen encouraged the Planning Board to work on bringing the Government Civic Use District to the Annual Town Meeting. Mr. Kelley and Ms. Ciccolo offered to work with the Planning Board on the evolution of the plan. Center Diversity (Article 53 Bank Moratorium/Street Level Storefront Use) Mr. Henry stated that attempts to get the working group together over the summer did not happen. There will be a meeting scheduled soon to discuss the issues in more depth. Staff is developing power points and relooking at data. They hope to bring findings and recommendations to the working group and will need input from the public. There will need to be policy input from the Board of Selectmen, Planning Board and Center Committee. Mr. Pato reminded the Planning Board and staff that the moratorium will expire and there needs to be action before the Annual Town Meeting. The Selectmen want to make sure it moves forward quickly. He asked if the Planning Board wanted additional input or participation from the Selectmen. Mr. Pato and Mr. Cohen will participate as needed on this project. Parking Requirements in Zoning Bylaw Mr. Pato stated that the Selectmen have been working on a Pilot in Lieu of Parking (PILOP) to address new uses in the Center, but the Board has concerns about the current zoning tables for parking and uses and whether they should be reviewed. Mr. Kelley raised the parking issue when a property owner was increasing the square footage of a building which required additional parking. Currently establishments can request a waiver through the Board of Appeals which is usually approved. He suggests that the added responsibility for parking should be dropped when a property is used differently. Mr. Hornig stated something similar was brought before Town Meeting previously and failed because of opposition from residential districts in the center. It will take a lot of work to come up with a plan that everyone would be comfortable with and approve of. Mr. Canale added that the Town has invested a lot of time, effort and money to come up with a comprehensive parking program which is key; the sooner and quicker the phases get implemented the better. The parking zoning should be removed. The proposed parking plan should be advanced quickly by the Town and Selectmen. Selectmen Meeting – August 31, 2015 Mr. Pato underscored that the Parking Demand Management Plan has been approved and is being executed. New meters are coming soon for a trial approved by Town Meeting. Have to make sure the parking meters work the way we want. The Town still needs to decide on what development limitation or inducements exist in zoning for parking space requirements. Mr. Canale agrees that public/private piece is important in order to get a sense of what the actual inventory is who needs to park and what additional spaces are needed. The Planning Board should let the Board know if they need help with looking at this policy issue. Affordable Housing and Housing Diversity – Residential Policy Committee Ms. Johnson reviewed the discussion of the Residential Policy Committee. The Committee heard that residents felt they were losing neighborhood character to homes, the loss of the scale relationship in neighborhoods, environmental and attainability of housing. Affordable and Senior housing were major concerns. Residents want to be able to downsize and stay in Lexington. The Committee has talked about a policy and what neighboring towns are doing. They also went on a tour of a recent development. The next meeting will be an informal joint meeting with the Planning Board. They will discuss 5 or 6 initiatives that they hope to bring to the Annual Town Meeting. They will likely propose: an annual allocation to LexHAB to do a couple of affordable units a year; address neighborhood character development of single family homes by converting them into multi-unit housing with a dedicated senior unit on the first floor and affordable family unit on the upper story; Neighborhood Conservation Districts that would enable a neighborhood to volunteer to be a Conservation District where there are architectural guidelines for changes to structures and to the scale of structures; dimensional controls on conforming and non- conforming lots based on a Concord bylaw that would include a site plan review for non- confirming lots; and changing setbacks so lots cannot be cleared of all significant trees. Mr. Kelley asked about ongoing housing projects that bring more housing units than what zoning might allow and whether that goes against the inventory relationship for 40b projects. He asked if there was anything being considered when more units are created that bring a requirement for affordable units. Mr. Canale said the Town needs to maintain affordable housing in the technical governmental sense but what seems to be the more threatened part of housing diversity in Lexington is in the attainability. Part of the rationale is to try to create more diversity in housing sizes. What the Planning Board can control in subdivisions is small compared to the teardown market where they have no control. The assumption is that teardown houses will cost a homebuyer over $1 million so the only change is through balanced housing. The Committee is looking at balanced housing approved vs. conventional and what could it gain us. The Planning Board only controls 10% of new home construction because a good portion of new homes are teardowns which they are not involved with. Selectmen Meeting – August 31, 2015 Mr. Henry said in the last few years the Town has done a good job developing a pipeline of projects. Regarding 40b projects the lower the net new unit number is in any given year the easier it is to keep up with 10%. Adding more density housing makes it harder to achieve the statutory requirements of 40b. He regularly tracks the residential growth and how it affects the 10%. The Regional Housing Services Office has identified more existing development units to include on the Subsidized Housing Inventory (SHI) through a monitoring program. In 2016 they will be able to provide a snapshot of where the Town will stand with the 2020 recalculation of the denominator. He acknowledged the affordable housing pipeline will be a chronic issue for Lexington with land prices the way they are. Mr. Kelley asked the Planning Board to look into whether a program could be offered to provide development tax credits to homeowners with smaller homes and who would be willing to help keep their home affordable. Mr. Henry will look into. The Planning Board recessed and adjourned to the Planning Board office at 9:17 p.m. Discussion of School District Building Projects Plan Mr. Pato had no new information that he could report on. A special Summit has been scheduled for Wednesday, September 16, to prepare for a potential Special Town Meeting and what articles are needed. Discuss Wayland Request to Withdraw from Minuteman Tech High School On April 15, 2015, Wayland Town Meeting voted to seek withdrawal from the Minuteman Regional High School District. The Minuteman Regional Agreement requires the Minuteman Regional School Committee to draft an amendment to the Agreement and submit the amendment to the member towns for approval. The Minuteman Regional School Committee has requested that a warrant article be included on the next warrant for the acceptance of the amended agreement. Mr. Cohen stated that the school charge requires that the article be included on the next warrant, but does not mean that the Town endorses the amended Agreement. Ms. Vine stated the Town Manager is working with Mr. Horton, Lexington’s Representative on the Minuteman Regional School Committee, to arrange a meeting with Wayland, the Selectmen and Finance Committees. Mr. Kelley and Mr. Cohen will help coordinate scheduling a meeting as soon as possible with a couple members of the Selectmen and Finance Committees. Selectmen Meeting – August 31, 2015 Liquor License – Busa Brothers Liquors – Pledge of License Upon motion duly made and seconded, it was voted 5-0 to approve the application for a pledge of license of the Retail Package Goods Store liquor license for Busa Brothers Liquors, located at 55 Bedford Street. Liquor License – Vinebrook Bottle Shop – Pledge of License Upon motion duly made and seconded, it was voted 5-0 to approve the application for a pledge of license of the Retail Package Goods Store liquor license for Vinebrook Corporation, located at 131 Massachusetts Avenue. Approve Theatre License Renewals – Lexington Venue Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two theatre licenses to Lexington Theatre Project, Inc., d/b/a Lexington Venue, located at 1794 Massachusetts Avenue, for Cinema 1 and 2 to show movies seven days a week from September 1, 2015 through August 31, 2016. Approve Common Victualler License – Panera Bread Upon motion duly made and seconded, it was voted 5-0 to approve a common Victualler License reflecting a corporate name change for PR Restaurants LLC, d/b/a Panera Bread, 1684 Massachusetts Avenue. Selectmen Committee Appointment – Design Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Caroline Fitzgerald to the Design Advisory Committee for a term to expire September 30, 2016. Appointing Authority Determination of Financial Interest – Historic Districts Commission Ms. McCarthy, a member of the Historic Districts Commission, submitted a Disclosure by Non- Elected Municipal Employee of Financial Interest and Determination by Appointment Authority form and requested the Board consider allowing her to deliberate and vote as a member of the HDC when the Massachusetts Intersection Project is discussed since she lives in the area of the project. Upon motion duly made and seconded, it was voted 0-4-1 (Mr. Pato abstained) that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee and to authorize the Chairman to sign the disclosure for the Board. Selectmen Meeting – August 31, 2015 Approve and Sign Eagle Letter Congratulating Jack Schulz Upon motion duly made and seconded, it was voted 5-0 to send a letter of commendation congratulating Jack Schulz for attaining the highest rank of Eagle in Boy Scouting. Town Manager Appointments – Council on Aging and Permanent Building Committee Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Nancy Adler to the Council on Aging for a term to expire May 31, 2018. Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Richard Perry to the Permanent Building Committee for a term to expire June 30, 2018. 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: Adjustments of Water and Sewer Charges as Recommended by WSAB on 7/23/15 ($28,202.27) Commitment of Water and Sewer Finals for July 2015 $24,472.88 Commitment of Water and Sewer Cycle 9 for July 2015 $137,030.44 Sign Proclamation – Constitution Week Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Daughters th of the American Revolution (DAR) to sign a Proclamation for the 228 Constitution Week, celebrated September 17 through September 23, 2015. Approve One-Day Liquor License – Czech and Slovak Association Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Czech and Slovak Association for a one-day liquor license to serve beer and wine at a Harvest Fest/Family Event on Saturday, October 17, 2015, from 6:00 p.m. to 11:00 p.m. at the Sacred Heart Church located at 16 Follen Road. Approve One-Day Liquor License – Historical Society Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Historical Society for a one-day liquor license to serve all alcohol at the Lextopia Cocktail party and Mid- Century Marketplace on Friday, September 11, 2015, from 6:00 p.m. to 8:00 p.m. at the Depot Building located at 13 Depot Square. Selectmen Meeting – August 31, 2015 Approve Tax Bill Insert – Conservation Stewards Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Conservation Stewards to insert an information sheet into the next tax bill. Approve Use of the Battle Green – Lexington Minute Men Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Minute Men to use the Battle Green on Thursday, September 17, 2015, from 5:00 p.m. to 7:30 p.m. for a Change of Command Ceremony, including the firing of muskets for a volley and salute. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk