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HomeMy WebLinkAbout2015-09-BOS-min Selectmen’s Meeting September 9, 2015 A meeting of the Board of Selectmen was held on Wednesday, September 9, 2015, at 9:00 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. Selectmen Concerns and Liaison Reports Ms. Barry reminded the Board and residents about the Public Information Meeting regarding the Minuteman Statue and the Minutemen Monument being held tonight at the Public Services Building Cafeteria at 201 Bedford Street. Mr. Pato reminded the Board and residents about the test sidewalks that have been poured near the Cary Memorial Building. He expects the Historic Districts Commission and the Commission on Disability to finalize the sidewalk materials and design soon. Town Manager Report Mr. Valente reported on four items: 1.Ralph Pecora was introduced as the new Water and Sewer Superintendent. 2.Carol Kowalski has accepted the position of Assistant Town Manager for Development. She is currently the Director of Planning and Community Development for the Town of Arlington. A start date has not been determined at this time, but looking at October. 3.The Conservation and Recreation and Community Programs Departments are having an event on Sunday, September 27, 2015, from 1:00 p.m. to 4:00 p.m. at Cotton Farm. Since there is a bumper crop of apples this year, residents will be able to pick apples and there will also be a nature walk. 4.Since there was an article recently in the Boston Globe about natural gas leaks, Assistant Chief Tremblay will report to the Selectmen at their September 21 meeting on the process the Town follows when they receive a report of a gas odor. Proposed FY2016 Water and Sewer Rates Mr. Addelson, Assistant Town Manager for Finance, presented the following information in support of the proposed FY2016 water and wastewater rates:  FY2015 Operating Results for water and wastewater operations;  Water and wastewater expenditure history, including proposed amendments to the FY2016 budgets adopted at the 2015 Annual town meeting to serve as the basis for proposed FY2016 rates;  Water consumption history for FY2006 to FY2015, including estimates of FY2016 usage to be used in calculating proposed FY2016 water and wastewater rates;  A history of water purchased from MWRA, by month, from 1998 through June 2015; Selectmen Meeting – September 9, 2015  Preliminary FY2016 water and wastewater rates;  A presentation of the combined impact of FY2016 water and wastewater rates at various levels of annual usage;  A history of combined rate increases in Lexington and their impact on the cost for the household of average usage;  Retained earnings history for the water and wastewater funds; and  MWRA Advisory Board Annual Water and Wastewater Retail Rate Survey, November 2014. Mr. Kelley asked about indirect cost difference for water and wastewater. Mr. Addelson will get the information and look at the detail. Mr. Kanter, Precinct 7 Town Meeting Member, would have preferred the Tier 1 increase be shown as less than Tiers 2 and 3, but is delighted to see that the high percentage of users are in Tier 1. He felt it would be a better signal if indicated doing best to keep the low consumers rate increases smaller than the high users. Mr. Addelson will return to the Selectmen’s meeting on September 21, 2015, to receive public comments on the preliminary water and sewer rates for FY2016. On October 5 the Selectmen will vote on the recommended FY2016 water and sewer rates. Continued Grant of Location – Verizon/Eversource – Philip Road This hearing was continued from the August 31, 2015 Selectmen meeting when an abutter, Mr. Shapiro, 17 Lantern Lane, requested that an alternative location be looked at for the new pole. Engineering staff met on Philip Road with Mr. Shapiro, representatives from Verizon/Eversource and the developer that requested the service. Ms. Correia, representing Verizon/Eversource, requested approval for a revised plan to locate the new pole between 8 and 10 Philip Road in the right of way. Mr. Shapiro thanked the Selectmen and staff for taking the time to address his concerns. Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon New England, Inc. and Eversource Energy to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitions, along and across Philip Road to install one (1) JO pole, P.325-4, on the southeasterly side of Philip Road at a point approximately 124 feet southwesterly from existing Pole P.325-4, being located on the southeasterly side of Philip Road. Mr. Pato closed the hearing at 9:37 a.m. Selectmen Meeting – September 9, 2015 Approve Elks Request for an Assistant Manager The Elks will be submitting paperwork shortly to the Selectmen and the Alcoholic Beverages Control Commission (ABCC) for approval of a new liquor manager. Since that will take some time to get final approval from the ABCC, they were asked to request approval for an Assistant Manager who would be responsible for liquor service. The Elks requested that Stephanie Picardi be appointed the Assistant Manager. She is up to date on TIPS training. Upon motion duly made and seconded, it was voted 5-0 to approve Stephanie Picardi as an Assistant Manager for the Lexington Lodge of Elks. Reserve Fund Transfer Request-Cary Memorial Building Renovation Mr. Valente explained that the Cary Memorial Hall Renovation Project has had a number of unknown conditions identified during the project, many related to the removal of hazardous materials or were safety related. The project contingency budget has been nearly exhausted and there is some concern that if there are future unidentified repairs needed, there will not be funds necessary. Mr. Goddard, Public Facilities Director, provided a summary of the construction costs to date, pending change orders under review and anticipated change orders not submitted yet. The current projected deficit is $33,990. The cost for the anticipated change orders is estimated to be $100,000. Therefore the request is for a Reserve Fund Transfer for $150,000. Mr. Pato asked if the $150,000 could be replenished from CPA. Mr. Valente will check with Town Counsel. Upon motion duly made and seconded, it was voted 5-0 to approve and recommend to the Appropriation Committee a Reserve Fund Transfer of $150,000 for the Cary Memorial Hall Renovation Project. Discussion of School District Building Projects Plan Mr. Pato updated the Board and audience on the School District Building Projects Plan. The School Committee met on September 8 and the architect (DiNisco) made a presentation. The School Committee made the following decisions:  Fiske School - Brick and mortar to bring the school up to 26 sections  Diamond – relocate and build new cafeteria  Diamond – expand to include space for ILP  Diamond – core mechanical upgrades (part of 5-year capital plan)  Harrington – fund design to convert vacated LCP space to be elementary classrooms Selectmen Meeting – September 9, 2015  Harrington – design funding to explore elementary school expansion independent of LCP space Additional information will be presented at the Summit on September 16. Public Facilities and DiNisco had said that a decision is needed by the end of the month on what funds will be released. Mr. Pato sent out an email to Town Meeting Members indicating that November 2, 9 and 16 have been reserved for a potential Special Town Meeting. Mr. Pato stated that the enrollment data is currently consistent with the projected growth. Up about 120 students from the mid-summer numbers. Approve Bench Location Upon motion duly made and seconded, it was voted 5-0 to approve the proposed location for a bench on the Minuteman Bikeway backed up to 10 Woburn Street near the Woburn Street intersection. Selectmen Committee Appointment – Fund for Lexington The Fund for Lexington Board needs a clergy to replace Reverend Colletti, who retired and moved out of Lexington. Upon motion duly made and seconded, it was voted 5-0 to appoint Rev. Dr. Paul Shupe to the Fund for Lexington Board as the Clergy Representative. Discuss Possible Special Town Meeting and Warrant Articles Mr. Pato reviewed possible articles for a Special Town Meeting in November:  Release funds for design/construction of schools  Request of the Town of Wayland to withdraw from the Minuteman Regional High School  Transfer portion of Busa Farm property to LexHAB  Amend the FY2016 operating and enterprise budgets  Potential land acquisition Mr. Kelley stated there might be a citizen article submitted to address the funding of the signalization along Massachusetts Avenue. Mr. Kelley asked about next steps for the Minuteman Regional High School building project since the MSBA has approved moving forward and when each community has to commit to its funding. Selectmen Meeting – September 9, 2015 Mr. Valente responded that Minuteman Regional High School needs to have its member communities agree to issue the debt by June or July 30 of 2016. The Minuteman School Committee can vote to issue the debt and then there would have to be unanimous approval from all 16 member communities to move forward with the project. If a member community does not take any action that would be considered an affirmative vote. If any one of the 16 member communities vote not to issue the debt, the project cannot move forward. Another option is for the Minuteman School Committee to have a district wide election where all 16 member communities would vote on the same day and if a majority of voters approves issuance of the debt the project would move forward. Mr. Kelley asked about the timeline for a debt exclusion vote on the proposed Lexington School projects. Mr. Pato stated that a debt exclusion vote could not be scheduled until the total cost for design and construction has been finalized for a new Hastings and the other school projects. He expects that would not be until June. Ms. Barry asked about including a warrant article for making some bylaw corrections – delivery of the warrant and changes to the work of the Permanent Building Committee. Mr. Pato responded that changing the bylaw to allow for delivery of the warrant electronically will not be ready for a November Special Town Meeting. Mr. Valente verified that Town Counsel stated that the proposed changes to the Permanent Building Committee bylaw are within the scope of the current bylaw. The changes have been referred to the School Committee for review and comment. The final proposed changes will be presented to the Selectmen for approval when they are ready. Mr. Pato is considering preparing two warrants for the November Special Town Meeting so that if there is a delay in the school projects the other articles will not be delayed. Mr. Kelley asked when the warrant would be opened and closed. Mr. Pato stated the warrant should be opened shortly and closed at the next Selectmen’s meeting so the warrant can be printed, mailed and in residents hands no later than 14 days prior to the Special Town Meeting. The September 21 Selectmen meeting will include signing a warrant. Ms. McKenna, 9 Hancock Street, suggested that the Selectmen give time for citizens to submit articles. Mr. Pato and Mr. Cohen made it clear that citizens can get signatures for an article anytime. Selectmen Meeting – September 9, 2015 Consent Agenda - Approve Lowering the Battle Green Flag on September 11 Upon motion duly made and seconded, it was voted 5-0 to lower the Battle Green Flag on Friday, September 11, 2015, the anniversary of 9/11, in memory of all those who lost their lives. Executive Session 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 collective bargaining with the municipal custodians; and to consider the purchase, exchange, lease or value of real property for the main fire station; and to return to open session only to adjourn. Further, the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining and negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 11:00 a.m. A true record; Attest: Lynne A. Pease Executive Clerk School District Building Projects Plan Summit Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee September 16, 2015 A Summit was held on Wednesday, September 16, 2015, at 6:30 p.m. in the Dining Room of the Community Center, 39 Marrett Road. Mr. Pato, chair, Mr. Kelley, Mr. Cohen, Ms. Ciccolo, Ms. Barry; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: School Committee (SC) members: Ms. Steigerwald, chair, Mr. Alessandrini, Ms. Crocker, Mr. Hurley, Ms. Coppe; Dr. Czajkowski, Superintendent of Schools; Appropriation Committee (AC) members: Mr. Parker, chair, Mr. Bartenstein, Ms. Colburn, Ms. Garberg, Mr. Levine, Ms. Masterman, Mr. Michelson, Mr. Neumeier; Capital Expenditures Committee (CEC) members: Ms. Hai, chair, Mr. Cole, Mr. Kanter, Ms. Manz. Executive Session Upon motion duly made and seconded, the School Committee voted 5-0 by roll call and the Board of Selectmen voted 4-0 (Ms. Ciccolo arrived at 6:50 p.m.) by roll call to go into executive session at 6:30 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. The Capital Expenditures Committee and Appropriation Committee were asked to join the Executive Session at approximately 7:35 p.m. The Board of Selectmen, School Committee, Capital Expenditures Committee and Appropriation Committee returned to open session at 8:42 p.m. Board of Selectmen – Potential Property Acquisition Mr. Pato explained that tonight’s meeting is in preparation for the fall special town meeting, focusing on the school projects. The first item is a discussion of a planned property acquisition. This has been the subject of executive sessions for the past several months. The Board has not been able to go public with the location until tonight. The School Committee has recommended to the Board of Selectmen, and the Board has evaluated a request, to purchase the property currently occupied by the Armenian Sisters’ Academy at 20 Pelham Road. The Selectmen became aware of this opportunity in May and then brought that discussion to the School Committee. School Committee – Recommended Pre-K and Elementary Schools Capital Plan Ms. Steigerwald referred to a handout with different school plans A through E. She announced that the School Committee voted to ask the Selectmen to pursue acquisition of the Pelham Road property for potential school purposes. Overall the School Committee is looking at this as School Building Projects Plan Summit – September 16, 2015 another elementary school, eventually a K-5, although it might open not servicing all grades. It would be for approximately 200 – 240 students. Ms. Steigerwald explained that over the first two years possibly 2-4 spaces would be added, bringing it to a 10-12 classroom school. The School Committee is looking at the site and building conditions and recommends taking up to 2 years to open the school so that it will be in a condition comparable to other schools. Additional operating expenses are relatively minimal: an additional Principal, Secretary, Nurse and two Custodians. Ms. Steigerwald explained that the School Committee is recommending that the Town continue to pursue the designing and building of a new Hastings School, up to 30 classrooms; relocate the Pre-K program from Harrington to Minuteman Technical Vocational High School; a small renovation at Harrington to create 4 general education classrooms, which will allow 3 to be used for redistricting; and pursue the purchase of the Pelham Road property and renovate it to open in the fall of 2017, sooner if possible. The School Committee is also recommending a 3 phase redistricting as follows: 3 classrooms at Harrington and 3 at Estabrook that can be used for fall 2016; coming in the fall of 2017, at least 10 classrooms at Pelham Road; and then in 2018 and 2019 up to an additional 9 classrooms at Hastings. With respect to the Pelham Road School, Dr. Czajkowski explained that in her experience as a school superintendent, a smaller elementary school can be very attractive for parents and children who like that small feel. She is looking at piloting a world language program in one of the grades. The School would open as a K-3 or K-4 elementary school as an initial phase to limit the disruption and allow children to complete fifth grade in their current school. There are currently 10 general education classrooms, a very large gymnasium, cafeteria and additional core spaces for occupational therapy, special education, and literacy spaces. Dr, Czajkowski would be looking to add an additional dedicated art and music room, allowing approximately 220 – 240 children to occupy the space. Additional Design Fees Necessary for Pre-K, Elementary Schools and Middle Schools Capital Plan Mr. Goddard referred to the presentation, Budget Summit Meeting Multiple Schools Construction Project, dated September 16, 2015. He updated the group on information regarding Pre-K and Elementary July 2015 Board of Selectmen release of funds; Fiske brick and mortar classrooms; Fiske project cost comparison; Middle School July considerations; Diamond cafeteria location; Diamond Special Ed feeder pattern; Diamond mechanical upgrade; Diamond science room conversion; Clarke science room conversion; Clarke partition reconstruction; previously deferred fees and design fees for consideration. Mr. Pato pointed out that we announced our preferred elementary school plan moving forward which did not include the Fiske expansion or construction and at the same time there was an outstanding request of the School Committee to expand the Fiske investigation. Ms. Steigerwald commented that while we have a preferred plan we are dependent on a successful negotiation to acquire the Pelham Road property so the preference of the School Committee is to complete the School Building Projects Plan Summit – September 16, 2015 stage of design work that is currently underway at Fiske to a point where it can reach a natural pause point. Mr. Levine commented that when we put all the projects on the table, the total price tag may become something that is not going to make us comfortable. Ms. Crocker pointed out that the School Committee’s votes on the feeder pattern and Diamond cafeteria relocation were not unanimous, and it was really because they were trying to look at the bottom line. Ms. Steigerwald didn’t have a handout with their total request, but asked the group to follow along with her: Middle Schools $51 million, Hastings (without MSBA support) $60 million, Pelham Road acquisition and renovation $25 million, and Pre-K program $10 million, for a total of approximately $146 million. In response to Ms. Colburn’s question, Dr. Czajkowski gave more detail about how she might use the Pelham Road property and what she might do in the short term for the 3 schools that are already over-crowded. She added that one of the advantages to the Pelham Road property is the size of the core spaces - the gymnasium, cafeteria and library are very large. In response to Mr. Levine’s question, Mr. Pato explained how the process of potentially acquiring the Pelham Road property would move forward. Presuming successful votes along the way, this process would include the request for acquisition at the fall Special Town Meeting, construction funding requests at the Annual Town Meeting, and a debt exclusion which would go to the voters after that. The Finance Committees adjourned at 9:40 p.m. and left the meeting. The School Committee remained in session in order to vote to authorize Dr. Czajkowski to sign the lease for pre-K space at Minuteman High School and then adjourned. The Board of Selectmen took a short recess to allow time for the School Committee to vote, and then continued their meeting. Documents Presented 1.School Committee Pre-K and Elementary Schools Capital Plan Options 2.Budget Summit Meeting Multiple Schools Construction Project September 16, 2015 The Board of Selectmen continued their meeting to discuss two additional items: Establish and Vote Date for November Special Town Meeting, Open the Warrant and Set Date to Close the Warrant Mr. Cohen recommended closing the warrant to citizen articles on Friday, September, 25, 2015 instead of September 30, 2015 because of the time involved in preparing, printing and delivering the warrant to citizens. Selectmen’s Meeting – September 16, 2015 Upon motion duly made and seconded, it was voted 5-0 to schedule Special Town Meetings to begin on Monday, November 2, 2015. Upon motion duly made and seconded, it was voted 5-0 to open the warrant and close the warrant to citizen articles for the November 2015 Special Town Meetings, on September 25, 2015. Approve One-Day Liquor License – League of Women Voters Upon motion duly made and seconded, it was voted 5-0 to approve the request of the League of Women Voters for a one-day liquor license to serve wine at the League Kick-Off Event evening with Dr. Mary Czajkowski on Thursday, September 17, 2015, from 6:30 p.m. to 8:45 p.m. at the Community Center, 39 Marrett Road. Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting September 21, 2015 A regular meeting of the Board of Selectmen was held on Monday, September 21, 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 Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Barry reported first, that the DPW is aware that some of the trees in the Center are not in good condition. They plan on replacing 8 trees in mid to late October and after this planting they will evaluate how many other trees might need to be removed and planted and will do this in the spring. Ms. Barry reported second, that on Wednesday October 7, 2015 there will be a meeting of the Lexington Community Coalition to discuss what we can do collectively to address stress and other risks to our youth. Ms. Ciccolo reported that the Sidewalk Committee is evaluating their role relative to the Traffic Safety Group. She reminded the Board that this issue will be coming back after the Traffic Safety Group and Mr. Valente provide us with some additional feedback. Mr. Pato reported that we have received a number of requests to consider adding an item for the special town meeting warrant to address the question of refugees in Europe, specifically to call on our congressional delegation to increase the limit on refugees entering the US to allow for an additional 100,000. Mr. Pato asked his colleagues to deliberate on this topic at the Board’s next meeting. Second, this morning there was a meeting of members of the Historic Districts Commission, Commission on Disabilities, Selectmen and town staff to review the test pour of concrete for the sidewalk in the area of the Police Station and Cary Memorial Building. We hope to have a decision on sidewalk material in time for the building opening, but if not, there will be something done in the meantime that will last through the winter. Town Manager Report Mr. Valente reported on several items: 1.This is Emergency Preparedness month. Mr. Hadley reported that he and Fire Chief Wilson meet on a regular basis with the Schools and Police to work on emergency planning for the community. He pointed out that Lexington is also a member of the North East Homeland Security Council (NERAC) and the benefits of that association. 2.The base of the Minuteman Statue was hit by a vehicle last week. There was no structural damage to the monument but one of the large boulders that holds the base was dislodged so DPW is working to bring in a mason to repair it. 3.Later on this week the Town will be installing the first group of parking meters in the Center. These meters will give more flexibility to the user in terms of payment options and allow the user to have a free period of time. In the future it will also allow the Town Selectmen’s Meeting – September 21, 2015 to have varying rates if we want to make them lower on the outskirts of the Center. The rates will be brought to the Board at their next two meetings. 4.Yesterday at the Police Station parking lot, the Lexington, Bedford and Arlington Police sponsored a Minuteman health and safety collaborative for a car seat and bicycle safety initiative. Representatives from Lahey and Winchester Hospitals were also there and gave out materials. 5.Two companies will be volunteering their time in Lexington. First, on October 2, Shire will have 45 staff members volunteering at the Cotting School. They will also have 25 of their staff working on Dunback Meadow and another 35 packaging meals for hungry children. And second, BAE Systems on October 3 will have a group of about 15 people doing clean up at the Daisy Wilson conservation area. 6. There will be apple picking on Sunday, September 27, 2015 at the Cotton Farm conservation area from 1:00 – 4:00 p.m. Public Hearing – Flammable Storage License – 128 Spring Street Mr. Pato opened the hearing at 7:21 p.m. Ms. Orpik of Related Beal and Senior Property Manager at Ledgemont Center, and Mr. Vitale of Vitale & Hopcroft Associates, Environmental Health and Safety Consultants to Related Beal at the Ledgemont Center were available to answer any questions. Assistant Fire Chief Tremblay reported that the license is issued to the land and there was a question as to the land’s address. There is a discrepancy between the assessors’ records and the address on the application. The Fire Department has no other issues with the application. Upon motion duly made and seconded, it was voted 5-0 to adjourn the hearing until October 5, 2015 at 7:00 p.m. in the Selectmen’s Meeting Room. Presentation on Battle Road Scenic Byway Mr. Canale, chair of the Battle Road Scenic Byway Committee, gave an interim report on activities over the past two years, focusing on the proposed logo for the Battle Road Scenic Byway. Ms. Ciccolo encouraged Mr. Canale to deploy the signs and get feedback to make sure people are interpreting the signs the way he thinks they are. Mr. Pato asked Mr. Canale to reach out to local advisory boards to get public opinion. Public Hearing – Receive Comments on Proposed FY2016 Water and Wastewater Rates Mr. Pato continued the hearing at 7:40 p.m. Mr. Addelson explained that this is the second of three meetings on proposed Water/Wastewater rates for FY2016. The purpose of tonight’s meeting is for taking public comment on proposed rates. He pointed out a few modifications to the figures presented at the meeting held on Selectmen’s Meeting – September 21, 2015 September 9, 2015, however, these modifications do not change the preliminary rates presented at that meeting. The presentation included FY15 operating results, water consumption history for FY06 to FY15 including estimates of FY2016 usage proposed to be used in calculating FY16 water and rates, a revision of the FY16 proposed water and wastewater budgets to be funded with rate and non-rate revenue, a history of retained earnings, proposed FY16 rates and the impact of proposed rates on various classes of users. Rates as proposed will generate revenue needed to fully support the FY2016 direct and indirect operating costs of water and wastewater operations. The third meeting will be held on October 5, 2015, at which time it is anticipated final FY2016 rates will be recommended to the Board of Selectmen for review and approval. Mr. Bartenstein, 46 Sanderson Road, member of the Appropriation Committee, presented his review of water, sewer and irrigation usage projections and recommended that projections used to calculate this year’s proposed rates be adjusted. Mr. Pato thanked Mr. Bartenstein for all of his work and suggested in future years, it would be helpful to have a meeting before rate setting, maybe at the end of the spring, to take a look at possibly adopting some of Mr. Bartenstein’ s methodology. In preparing for spring, Mr. Pato asked Mr. Bartenstein to develop a narrative of what the risks are of overestimating versus underestimating and what goal he is trying to accomplish by getting closer, so that it is clearly understandable to the lay person. Mr. Pato closed the hearing at 8:15 p.m. Approve Community Center Non-Resident Membership Fees In an effort to bring on and manage programming at the Community Center, the Department of Recreation and Community Programs is recommending that users of the Center be provided with a membership card. Ms. Butts, Community Center Director, presented a fee proposal for non- resident membership to the Lexington Community Center. Lexington residents will be issued a membership card at no charge. Ms. Ciccolo supports the fee structure, but suggested a lower fee for employers in town and their employees. Mr. Kelley suggested that non-resident visitors should be a guest of a Lexington resident. The Community Center Director will prepare final policy following input from the Selectmen, Council on Aging and Recreation Committee. A final recommendation will be brought back to the Board of Selectmen. Selectmen’s Meeting – September 21, 2015 Report on Natural Gas Leaks Assistant Fire Chief Tremblay reported that over the last five years there was an average of about 80 calls per year regarding natural gas leaks. Looking specifically at 2014, the Fire Department received 74 calls regarding an odor of natural gas. Of the total, 40 reported gas inside a building, 30 outside, and 4 as a result of construction damaging the gas main. The Fire Department has a layered response depending on the situation. An odor of gas within a building is very dangerous and so the Fire Department sends a full response. Calls reporting an odor of gas outside are less dangerous because they are not in a confined space and so there is an initial response of one engine. Construction accidents can be high, medium or low pressure. In every case the Fire Department works hand in hand with Natural Grid to determine if it is a significant event or a minor event. Leaks are graded as follows: Grade 3 are Nuisance leaks, Grade 2 are Explosive level leaks, and Grade 1 are considered serious and repair is needed immediately. Mr. Pato is glad to hear that we have a process in place to deal with explosive level gas leaks. He noted that there is a second dimension to this issue which is the greenhouse gas characteristics of escaping natural gas through the pipelines, and the number of leaks that exist considered to be Tier 3, that we know have existed in some locations for decades. A question to the Board is whether we want to lend our voice in asking for the legislature to address policy initiatives to create incentives or penalties for utilities in addressing the degree of gas leaks that are sub-critical level from a public safety perspective but are the broader public safety of environmental damage. Ms. Barry pointed out that there are two pending pieces of legislation addressing this issue. Mr. Pato will ask our Sustainable Lexington Committee to come to the Board with a recommendation. Presentation of View Permit Ms. McLaughlin, Project Manager and Mr. Lonardo, Building Commissioner presented information on ViewPermit, an online permitting application implemented by the Town in August of 2015. Residents and contractors can now complete and pay for building, electrical and plumbing permits via the Town’s online portal, 24 hours a day, seven days per week. This online process allows the review and approval of permit applications by the various Town departments (e.g. Building, Fire, Engineering, and Conservation) to also be done electronically, rather than circulating paper copies to each department. Further, inspectors have been issued tablets so that they can complete their field inspections electronically. The status of any accepted application can be viewed, online, by any interested party. Staff will soon be implementing similar applications for Conservation and Fire permits. Following the implementation of these applications, Planning and Zoning permits are scheduled next. Selectmen’s Meeting – September 21, 2015 Discussion of School Building Projects Plan Mr. Pato reported that at last week’s Budget Summit, the Board was able to make public that the Town is pursuing the acquisition of 20 Pelham Road, the former Armenian Sisters Academy. Other portions of the plan are to pursue a new Hastings Elementary school and expansions at both Clarke and Diamond Middle Schools. Mr. Goddard, Director of Public Facilities, gave a review of the request for funds to be released in order for projects to continue. The request included putting funds for Fiske on hold, where it stands, at Schematic Design. In response to Ms. Barry’s question, Ms. Steigerwald reported that the School Committee has not had a chance to vote on the idea of putting a hold on the funds for Fiske. Ms. Steigerwald is concerned about not releasing funds for Fiske if something goes wrong with the Pelham Road property. Mr. Kelley brought up the need for possible improvements to Pelham Road to access the 20 Pelham Road school. He would like to see an engineering study done. Mr. Pato agrees that this is something the Board should be bringing to the fall Special Town Meeting. Upon motion duly made and seconded, it was voted 5-0 to approve the release of $62,106 of design fees for the school district building projects and recommend holding on the Fiske Schematic Design and Design Development Supplement as presented. Review Final Draft of Historic Preservation Restriction and Monitoring Agreement for Community Center Mr. Valente explained that as a condition of purchasing the Community Center property with Community Preservation Act funds, the Town is required to place an Historic Preservation Restriction (HPR) on the property. An HPR insures that the Town will continue to maintain the historical aspects and features of this property. Further, an entity other than the Town is required to hold and enforce the HPR. The Historical Society has agreed to serve this role. Mr. Valente referred to the final draft of the HPR as developed by representatives of the Town, Historical Society and Town Counsel. It incorporates the comments the Board of Selectmen offered when it reviewed an earlier draft at its meeting on July 27, 2015. In light of the Selectmen’s and School Committee’s decision to pursue the purchase of the adjacent property at 20 Pelham Road, the Town is also discussing with the Historical Society whether the HPR should include language allowing certain site improvements on the Community Center parcel that may be necessary for placing a new or renovated school at the Pelham Road site. Selectmen’s Meeting – September 21, 2015 Mr. Valente referred to a draft of the HPR Monitoring Agreement between the Town and the Historical Society. The purpose of this Monitoring Agreement is to compensate the Historical Society for any expenses it may incur in monitoring and enforcing the HPR. The Executive Committee of the Historical Society is scheduled to review these two agreements at its October meeting. Any final edits from today’s Selectmen’s review or the Historical Society review in October will be brought back to the Board of Selectmen for approval. Ms. Ciccolo commented that the document is well constructed and has gone through many reviews. She thanked the participants who have been involved. Mr. Pato is thankful that his concerns about making sure that any future additions on the site are anticipated and we have worked out an appropriate method for review and approval by the grantee. Approve Waiver of Conflict for Anderson & Kreiger (Town Counsel) Regarding 20 Pelham Road Negotiations As part of the School Committee’s recommended School District Building Projects Plan, the Town will begin negotiations to purchase the property at 20 Pelham Road, owned by the Armenian Sisters of the Immaculate Conception. Anderson and Kreiger (Town Counsel) would typically advise the Town in this matter and prepare many of the related legal documents. Anderson and Kreiger however, also represents the International School of Boston (ISB), which has expressed interest in this property in the past. Under the Code of Professional Conduct for attorneys, it is possible for Anderson and Kreiger to represent both parties by creating a “Conflict Screen” whereby the attorney representing the Town and the attorney representing the ISB agree to a waiver of this conflict. If the Town or ISB does not approve this waiver, we will identify another law firm to represent the Town. If the Board approves the waiver, but ISB does not, Anderson and Kreiger can choose not to represent ISB in this matter and to only represent the Town. Mr. Kelley is not comfortable with a single law firm representing both parties. He feels that Anderson and Kreiger should decide if they are exclusively representing the Town of Lexington in this matter, or not. Ms. Barry agrees with Mr. Kelley. Upon motion duly made and seconded, it was voted 5-0 to ask Anderson & Kreiger to exclusively represent the Town in the transaction of the Pelham Road property. The Board directed the Town Manager to look for alternate counsel if Anderson & Kreiger does not agree. Selectmen Committee Appointments/Reappointments Ms. Barry abstained from voting on the Gammel Legacy Trust reappointments since one of the members is her mother. Selectmen’s Meeting – September 21, 2015 Gammel Legacy Trust Upon motion duly made and seconded, it was voted 4-0-1 to reappoint Marie Hill and Jacquelyn Ward to the Gammel Legacy Trust for a term to expire September 30, 2016. 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Margaret Coppe, Ginna Johnson, Bhumip Khasnabish, Peter Lee, Joseph Pato, Fernando Quezada, and Alan Wrigley to the 2020 Vision Committee for a term to expire September 30, 2018. Battle Road Scenic Byway Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Canale and Polly Kienle to the Battle Road Scenic Byway Committee for a term to expire September 30, 2017. Upon motion duly made and seconded, it was voted 5-0 to appoint Aaron Henry to the Battle Road Scenic Byway Committee for a term to expire September 30, 2017. Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Laurel Carpenter, Robert Dangel and John Frey to the Bicycle Advisory Committee for a term to expire September 30, 2018. Board of Appeals Upon motion duly made and seconded, it was voted 5-0 to reappoint David Williams to the Board of Appeals for a term to expire September 30, 2020. Board of Appeals Associates Upon motion duly made and seconded, it was voted 5-0 to reappoint Ralph Clifford, William Kennedy, Richard Michelson, James Osten and Frederick Wells to the Board of Appeals Associates for a term to expire September 30, 2016. Upon motion duly made and seconded, it was voted 5-0 to appoint Nyles Barnert to the Board of Appeals Associates for a term to expire September 30, 2016. Lexington Center Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Brown, Pamela Lyons, Jerold Michelson, Pamela Shadley and Peter Siy to the Lexington Center Committee for a term to expire September 30, 2018. Communications Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint David Becker and Smita Desai to the Communications Advisory Committee for a term to expire September 30, 2018. Selectmen’s Meeting – September 21, 2015 Community Farming Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Michael Bliss and Thomas Oliver to the Community Farming Committee for a term to expire September 30, 2018. Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to reappoint Cristina Burwell and Jean Hart to the Lexington Council for the Arts for a term to expire September 30, 2018. Design Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Friedson, Bahig Kaldas, Timothy Lee, Alenka Slezak, Brigitte Steines and Steven Vincent to the Design Advisory Committee for a term to expire September 30, 2016. Design Advisory Committee Associates Upon motion duly made and seconded, it was voted 5-0 to reappoint Bruce Creager and John Frey to the Design Advisory Committee Associates for a term to expire September 30, 2016. Economic Development Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Frederick DeAngelis, Kevin McGuire, Lawrence Smith and Sigmar Tullman to the Economic Development Advisory Committee for a term to expire September 30, 2018. Energy Conservation Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Joseph Musacchia to the Energy Conservation Committee for a term to expire September 30, 2018. Fence Viewers Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski to the Fence Viewers for a term to expire September 30, 2016. Greenways Corridor Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Kevin Breunig, Robert Hausslein and Paul Knight to the Greenways Corridor Committee for a term to expire September 30, 2018. Housing Partnership Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Linton to the Housing Partnership Board for a term to expire September 30, 2018. Human Rights Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Fuang-Ying Huang and Sean Osborne to the Human Rights Committee for a term to expire September 30, 2018. Selectmen’s Meeting – September 21, 2015 Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Eleanor Elkin and Gail Fields to the Human Services Committee for a term to expire September 30, 2018. Lexington Scholarship and Education Fund Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Thomas Fenn and David Williams to the Lexington Scholarship and Education Fund Board for a term to expire September 30, 2016. Upon motion duly made and seconded, it was voted 5-0 to appoint Mary Czajkowski and Riaz Adamiee to the Lexington Scholarship and Education Fund Board for a term to expire September 30, 2016. Noise Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint John Maloney to the Noise Advisory Committee for a term to expire September 30, 2018. Police Manual Policy Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Cleveland Coats, Jr., Chief Corr, Edith Flynn and William Hays to the Police Manual Policy Committee for a term to expire September 30, 2016. Sustainable Lexington Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Marcia Gens to the Sustainable Lexington Committee for a term to expire September 30, 2018. Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Kerry Brandin, Margaret Coppe, Bernice Fallick, Dawn McKenna and Willem Nijenberg to the Tourism Committee for a term to expire September 30, 2016. Town Celebrations Subcommittee Upon motion duly made and seconded, it was voted 5-0 to appoint Diana Bishop to the Town Celebrations Subcommittee for a term to expire September 30, 2016. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Sara Arnold, William Levison and Hank Manz to the Transportation Advisory Committee for a term to expire September 30, 2018. Tree Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Karen Longeteig and Nancy Sofen to the Tree Committee for a term to expire September 30, 2018. Selectmen’s Meeting – September 21, 2015 Water and Sewer Abatement Board Upon motion duly made and seconded, it was voted 5-0 to reappoint William Ribich to the Water and Sewer Abatement Board for a term to expire September 30, 2018. Approve New Limousine License – Melodi Limo Service Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue one (1) Limousine License to Melodi Limo Service, 203 Lowell Street, subject to receiving a favorable Inspection Report from the Police Department. Consent Agenda Approve Use of Battle Green – Battle Road Memorial March rd Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 3 Legal Operations Detachment Army Reserve of Massachusetts to use the Battle Green on Sunday, October 4, 2015, from approximately 9:00 a.m. to 9:30 a.m. for ceremonies before the Battle Road Memorial March to Minuteman Park. Approve One-Day Liquor Licenses – Spectacle Management Upon motion duly made and seconded, it was voted 5-0 to approve the request of Spectacle Management for five (5) one-day liquor licenses to serve beer and wine in the lobby of the Cary Memorial Building, 1605 Massachusetts at each of the October concerts/musicals as follows: Friday, October 16, 2015, Livingston Taylor Concert, 7:00 p.m. to 10:30 p.m. Saturday, October 17, 2015, Bruce Hornsby Concert, 7:00 p.m. to 10:30 p.m. Friday, October 23, 2015, Menopause, The Musical, 7:00 p.m. to 10:30 p.m. Saturday, October 24, 2015, Menopause, The Musical, 1:00 p.m. to 4:00 p.m.; 7:00 to 10:30 p.m. Sunday, October 25, 2015, Menopause, The Musical, 1:00 p.m. to 4:00 p.m. Approve Town Celebrations Committee Request for Veterans’ Day Events Mr. Pato explained that there is a request from the Town Celebrations Committee to approve the Veterans’ Day Parade and ceremonies as outlined in their letter, with the caveat that they are requesting that the venue be the Cary Memorial Building, but not being sure about the date of availability, they are also asking for the Lexington High School gym. The parade route will either terminate at the Cary Memorial Building or the Lexington High School depending on which venue is available. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Town Celebrations Committee for the Veterans’ Day Parade and Ceremonies, as presented in their letter dated September 14, 2015. Selectmen’s Meeting – September 21, 2015 Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:45 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk