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HomeMy WebLinkAbout2016-06-BOS-min69 -408 Selectmen's Meeting June 6, 2016 A regular meeting of the Board of Selectmen was held on Monday, June 6, 2016, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Chabot, Acting Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 5 -0 by roll call at 6:00 p.m. to go into executive session under Exemption 6 to consider the purchase, exchange, lease or value of real property, site for Main Fire Station, 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 Selectmen returned to open session at 7:01 p.m. Selectmen Concerns and Liaison Reports Mr. Pato reported that on May 27, 2016 he attended an award ceremony at the MWRA facility on Deer Island. This was for a school poster contest that was conducted across all grade levels and included all communities in the MWRA system. Joy Gong and Anna Honohan both students of Mr. Laxague in the 7th grade at the Clarke Middle School won first and third place in the middle school competition. Ms. Barry congratulated all of the Lexington High School class of 2016 graduates. Mr. Kelley and Ms. Ciccolo joined Ms. Barry at the Tsongas Arena in Lowell at the graduation on June 5, 2016. Ms. Barry congratulated Ms. Ciccolo on having her son graduate and thanked her for bringing the greetings from the Board. Water /Sewer Abatement Appeals — 6 -8 Hill Street and 24 Percy Road At the May 2, 2016 meeting of the Board of Selectmen, the owners of 24 Percy Road and 6 Hill Street appeared before the Board to appeal the recommendations of the Water and Sewer Abatement Board regarding the owners' applications for abatement of particular water and sewer bills that showed evidence of leaks. Mr. Addelson, Assistant Town Manager for Finance reviewed the recommendations of the Abatement Board, which as a matter of policy, recalculates usage attributable to leaks at Tier 1 water and sewer rates, the lowest rates. Mr. Addelson identified three options for calculating leak -based abatements for the Selectmen to consider to apply to the current appeals and similar cases moving forward. 69 -409 Selectmen's Meeting — June 6, 2016 The Selectmen were supportive of Option 3, that for a bill where a leak is evident, normal average usage would be subject to Tier 1 water and sewer rates and usage attributable to a leak would be charged at MWRA wholesale rates plus a factor to capture administrative costs. Upon motion duly made and seconded, it was voted 5 -0 to direct the Water and Sewer Abatement Board to recalculate the two bills according to Option 3, which would allow the MWRA wholesale rates for the leaked water only, the retail rates for their normal consumption, and an administrative fee to cover the Town's costs. Mr. Addelson inquired and Ms. Barry confirmed that this would be the policy for other cases moving forward. Update on 20/20 Demographic Subcommittee on Asian Communities Mr. Krupka of the 20/20 Demographic Subcommittee on Asian Communities updated the Board on the Committee's work so far. The objective of their work is to increase the inclusion of residents of Asian ancestry in Lexington by drawing on lessons learned in communities across the U.S. with larger relative populations of Asian residents. They have selected 12 reference communities, surveyed community leaders and are in the process of conducting follow -on dialogues. Their very preliminary findings include that no other community has performed this type of study, almost all are working on increasing participation, almost all have high performing schools and students are under a lot of stress, and few have a formally structured Asian community organization identified. Mr. Krupka feels that Lexington has a lot to learn about addressing the issue of unspoken racial tensions. The Committee expects to file a final report later in the year, in the meantime he hopes that the recommendations that were made to the Selectmen in 2014 by the Subcommittee on Demographic Change will be included in the Board's goals for the coming year. Receive Recommendation of Community Farming Committee — Conservation Restriction — Busa Farm Property Under the Community Preservation Act (CPA) statue, the Town must place a conservation restriction (CR) on the portion of the Busa Farm property that is leased to LexFarm. The CR will then be held by an entity other than the Town. Charles Lamb, Chairman of the Community Farming Committee (CFC), explained that their intent is to allow agricultural and farming uses, and allow the Board of Selectmen to change the land to recreational uses, but only if farming fails and the citizens approve. They would like to set a high but not unreasonable standard to change it to recreational use and leave options for future Boards. A draft CR, provided by Town Counsel, has been reviewed by the CFC and LexFarm. The primary substantive change by the CFC is to Section 18: that if the property is not used for agricultural purposes, defined as abandonment of 80% of the arable land for three successive growing seasons, then a vote of Town Meeting will be required to use the property for active recreation purposes. This Town Meeting action is not required by the CPA statute, but recommended by the CFC. Town Counsel is also reviewing Section III.B.1 to make sure this is 69 -410 Selectmen's Meeting — June 6, 2016 clear that the intent is that existing and new structures on the property cannot exceed 50 % more than the current footprint. Ms. Barry explained that the Board is receiving the recommendation of the CFC this evening, will take public comment in a hearing at their meeting on June 27, 2016 and intend to vote the restriction at their meeting on July 25, 2016. Upon motion duly made and seconded, it was voted 5 -0 to receive the draft Conservation Restriction as proposed and to schedule a subsequent meeting to receive public comments on the draft. Amend Revolving Funds Spending Authorization Mr. Addelson gave backup information for the proposal to increase the FY16 spending limits of two revolving funds. Article 7 of the 2015 annual town meeting established the spending ceiling of the DPW Compost Operations Revolving Fund and the Visitor Center Revolving Fund at $520,000 and $117,000 respectively. MGL Chapter 44, Section 53E 1/2 provides for an increase in the spending ceiling of a revolving fund established by town meeting upon approval by the Appropriation Committee and Board of Selectmen. If the Board approves the requested increase, a request for approval will be sent to the Appropriation Committee. Upon motion duly made and seconded, it was voted 5 -0 to increase the FY16 spending ceilings of the DPW Compost Operations Revolving Fund and the Visitor Center Revolving Fund to $620,000 and $195,000 respectively. Approve Sale of Notes Mr. Addelson explained that on June 2, 2016, the Town sold $13,406,017 of bond anticipation notes which will come due on February 17, 2017. The notes were issued to fund multiple purposes which are described in the Authorization of Notes and Use of Proceeds. $9.836 million of the proceeds are for school purposes excluded from the limits of Proposition 2 1/2 by the referendum held this past May. The sale was rated by Moody's and was assigned a rating of MIG1 which represents the highest quality of notes sold. Seven bids were submitted for the notes. The bids, based on a calculation of the net interest cost (NIC) which takes into consideration the amount of the issue, coupon rates and any premium bid, ranged from a high of 0.9171% to a low of 0.6490 %. The low bidder was Eastern Bank whose bid included a premium of $124,265. The Board of Selectmen needs to vote to accept the low bid. Upon motion duly made and seconded, it was voted 5 -0 to approve the sale of a $13,406,017 2.00 percent General Obligation Bond Anticipation Note (the "Notes ") of the Town dated June 10, 2016, and payable February 17, 2017, to Eastern Bank at par and accrued interest plus a premium of $124,265.21. 69 -411 Selectmen's Meeting — June 6, 2016 It was further voted: that in connection with the marketing and sale of the Notes, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated May 26, 2016, and a final Official Statement dated June 2, 2016, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. It was further voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2 -12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Note for the benefit of the holders of the Note from time to time. It was further voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax - exempt status of the Notes. 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 votes. Compost Fees Mr. Beaudoin, Superintendent of Environmental Services and Mr. Pinsonneault, Director of Public Works provided recommendations for changing yard waste disposal fees and establishing a bulk rate for the sale of compost. In response to Mr. Kelley's question Mr. Beaudoin confirmed that Lexington is going to stop receiving yard waste from Arlington as of July 1, 2016. Upon motion duly made and seconded, it was voted 5 -0 to approve the revised yard waste disposal fees and bulk rate sale of compost fees as presented. Trash and Recycling Collection Update Mr. Beaudoin, Superintendent of Environmental Services and Mr. Pinsonneault, Director of Public Works updated the Board on the solid waste and recycling collection program for the past year. Town Manager's Task Force — Solid Waste /Recycling Contract Mr. Valente explained that the Town's contract with JRM expires on June 30, 2017. The DPW is recommending that this contract be re -bid in the late fall of 2016. Prior to re- bidding this 69 -412 Selectmen's Meeting — June 6, 2016 contract the Selectmen may want to consider changes in this program. The Town Manager is proposing creating a Task Force to work with DPW staff to examine and make recommendations regarding: continuing the current solid waste and recycling collection program as is; considering automated solid waste and /or recycling collections; considering additional special recycling programs to remove certain items from the solid waste stream; considering a single- stream recycling collection system. The task force will include representatives /designees from the Board of Selectmen; League of Women Voters; Council on Aging; At -large residents; Liaisons from the Health Department and Department of Public Facilities; and staff support by the DPW. Mr. Pato agreed to serve in that role for the Board. Presentation — Visitor's Center Concept Plan Ms. Lee Noel Chase, Permanent Building Committee, introduced Mr. Don Mills of Mills Whitaker Architects. She explained that Mr. Mills presented concept plans to the Permanent Building Committee (PBC) on September 10, 2015 and the PBC recommended that these be presented to the Selectmen. Mr. Mills presented the Board with an evaluation of the site, an approach to the many stakeholder concerns, and his evaluation of the several primary options for the Visitor's Center. Mr. Mills explained that he is presenting the results of the conceptual planning exercise and asking for direction from the Board. The conceptual estimate of project costs is $3.3 million. This cost does not include the exhibit designer, temporary Visitor's Center Facility, Site work of Master Plan, Financing Costs, and further cost escalation. Decisions needed for next steps are to confirm new building at existing site, authorize design and project planning, and the appropriation timeline for the project. Several Selectmen were concerned with the cost of the project and would like Ms. Chase and Mr. Mills to come back with more information at a meeting in September. The Board would like to see a cost estimate for using temporary space during construction, information on grants for funding, the cost for the exhibit designer, and what the deliverable will be when the $182,108 in remaining funds to develop the design is spent. Ms. Chase pointed out that some of the $182,108 will need to be spent to get the requested information. Upon motion duly made and seconded, it was voted 4 -1 (Pato opposed) to confirm the preference for constructing a new building at the existing site. Ms. Chase clarified that searching out grants is not a task on her plate. Ms. McKenna, Chairman of the Tourism Committee offered to help the Economic Development Office with this but pointed out that it would also not be something that the Tourism Committee will take on. 69 -413 Selectmen's Meeting — June 6, 2016 9 Hancock Street — Proposed Alterations to the Land Lease — Accessory Apartment Dawn and Stephen McKenna presented plans and answered questions for adding an accessory apartment in the Carriage House at 9 Hancock Street. Because of the unique agreements between the Town and the McKennas regarding the property, the McKennas are seeking a determination from the Board on the following: 1. Is the Board of Selectmen the Special Permitting Authority (rather than the Zoning Board of Appeals) to approve use of the Carriage House as an accessory apartment? 2. Does the Board continue to delegate the HDC as the authority to determine whether the changes are consistent with the Preservation Agreement? 3. Is an accessory apartment in the Carriage House allowed under the lease and preservation agreements? The Board will vote on this issue at their next meeting on June 27, 2016. Approve Regional Housing Services Office FY17 Amendment Mr. Valente explained that in 2011, Lexington along with five other towns, established a Regional Housing Services Office to oversee required monitoring of the regulatory agreements for the affordable housing units in each community. Since inception, one of the original towns dropped out of this regional program and two new towns have been added. By approaching this work on a regional basis, each town has access to the staff expertise that it could not have otherwise afforded on its own. We are now entering the sixth year of this regional service. Lexington's FY17 increase in its portion of the total budget is approximately $1,600 over the FY16 amount, largely reflecting a slightly larger portion of the overall percentage of the work, increasing from 15% to 16% of the total. Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the FY17 Regional Housing Services Office contract amendment. Approve Sunday Entertainment License for Fiesta Shows /Lions Club Upon motion duly made and seconded, it was voted 5 -0 to approve the request of Fiesta Shows and the Lions Club and sign a Public Entertainment on Sunday license for the July 4th Carnival to be held on Sunday, July 3, 2016. Selectmen Appointments /Reappointments /Resignations Executive Clerk Upon motion duly made and seconded, it was voted 5 -0 to reappoint Lynne Pease as the Selectmen's Clerk for a 1 -year term to expire June 30, 2017. 69 -414 Selectmen's Meeting — June 6, 2016 Keeper of the Lockup Upon motion duly made and seconded, it was voted 5 -0 to reappoint Mark Corr as Keeper of the Lockup for a 1 -year term to expire June 30, 2017. Town Celebrations Committee Upon motion duly made and seconded, it was voted 5 -0 to reappoint Linda Dixon, William Mix and Henry Murphy to the Town Celebrations Committee for a three year term to expire June 30, 2019. Town Celebrations Subcommittee Upon motion duly made and seconded, it was voted 5 -0 to reappoint Suzanne Caton, Carol Flynn, Karen Gaughan, Paul Jenkins, Linda Levitt, Wayne Miller, Geetha Padaki, David Taylor and Sam Zales to the Town Celebrations Subcommittee for a term to expire June 30, 2017. Human Services Committee Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Barbara Ciampa from the Human Services Committee, effective immediately. Consent Water & Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following Water and Sewer commitment: Commitment of Water & Sewer charges Section 3 $3,033,214.57 Approve Tax Bill Insert — Lexpress Schedule Upon motion duly made and seconded, it was voted 5 -0 to approve the Lexpress schedule as an insert for the June quarterly property tax bill. Approve One -Day Liquor License — Cary Memorial Library Foundation Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve wine at the Foundation's Annual Meeting and Dinner at Cary Library, 1874 Mass. Ave., on Tuesday, June 7, 2016 from 4:00 to 9:00 p.m. Approve One -Day Liquor Licenses — Wilson Farm Upon motion duly made and seconded, it was voted 5 -0 to approve one day liquor licenses for Wilson Farm to serve wine on Wednesday, June 15, 2016 (rain date June 16) and Wednesday, July 20, 2016 (rain date July 21) from 6:00 p.m. to 9:00 p.m. at their Dinner in the Field event at 10 Pleasant Street. Approve and Sign Eagle Letter — Rohen Sundaram Upon motion duly made and seconded, it was voted 5 -0 to sign a letter of commendation for Boy Scout Eagle Rohen Sundaram — Troop 160. 69 -415 Selectmen's Meeting — June 6, 2016 Approve Use of Battle Green — Promotion Ceremony Upon motion duly made and seconded, it was voted 5 -0 to approve the request of Natasha Miller, US Air Force, to conduct a promotion ceremony on the Battle Green on Sunday, June 30, 2016 from 3:00 p.m. to 5:00 p.m. Approve Minutes and Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve with minor edits, the minutes of November 2, 2015, November 9, 2015, November 12, 2015 Summit, November 16, 2015, November 23, 2015 regular meeting, November 23, 2015 joint meeting on School Projects, November 30, 2015 Budget Presentations and November 30, 2015 regular meeting. Upon motion duly made and seconded it was voted to approve with minor edits but not release the executive session minutes of November 2, 2015, November 9, 2015 (both sessions), November 12, 2015 and November 23, 2015 (both sessions). Upon motion duly made and seconded, it was voted to adjourn at 10:15 p.m. A true record; Attest: Diana B. Chabot Acting Executive Clerk 69 -416 Selectmen's Meeting June 13, 2016 A regular meeting of the Board of Selectmen was held on Monday, June 13, 2016, at 6:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Cohen, and Mr. Pato; Mr. Valente, Town Manager, Rob Addelson, Assistant Town Manager for Finance, were present. Ms. Barry read the following statement: On behalf of the Board of Selectmen, I want to extend our sympathies to the family and friends of the 49 people who were killed yesterday morning in the tragedy in Orlando, Florida. Our thoughts and healing wishes are also with the 53 people who were injured, the public safety officials who responded to the call and to all who are affected by this tragedy. Request for Battle Green Memorial for Orlando, Florida Tragedy Rabbi Howard Jaffe was present and presented his request as set forth in an earlier telephone message and e -mail to the Board of Selectmen as follows: As per our phone conversation, this is a request on behalf of the Lexington Interfaith Clergy Association (LICA) to hold a vigil on the Lexington Battle Green on Wednesday, June 15, 2016, from 7:30 PM to 8:30 PM. The purpose of this vigil is to offer to our community an opportunity to come together for an ecumenical gathering in memory of the victims of the Orlando nightclub shooting, similar to gatherings that took place following 9/11 and other occasions that called for us to gather in such fashion. The vigil will be led by members of LICA including, but not limited, to Rev. Lauren Lorincz of Pilgrim UCC, Rev. Paul Shupe of Hancock UCC, and myself. Ms. Ciccolo arrived at 6:07 p.m. Upon motion duly made and seconded, it was voted 5 — 0 to approve the request of the Lexington Interfaith Clergy Association to hold a vigil in memory of the victims of the Orlando Nightclub shooting on the Lexington Battle Green on Wednesday, June 15, 2016, from 7:30 PM to 8:30 PM. Executive Session Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote to go into executive session at 6:08 p.m. under Exemption 6, to consider the purchase, exchange, lease or value of real property at 171 —173 Bedford Street and to reconvene in open session only to adjourn. 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 7:33 p.m. A true record; Attest: Norman P. Cohen Selectman 69 -417 Board of Selectmen Goal Setting Meeting June 22, 2016 A goal setting meeting of the Board of Selectmen was held on Wednesday, June 22, 2016, at 9:15 a.m. in Estabrook Hall in the Cary Memorial Building. Chairman Barry, Selectmen Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; and Mr. Valente, Town Manager; Ms. Vine, Deputy Town Manager, Ms. Goodwin, Management Intern, and Ms. Burke, Temporary Clerk, were present. Also Present: Fire Chief Wilson Police Chief Corr Ms. Stembridge, Library Director Ms. Kowalski, Assistant Town Manager for Development Ms Simmons, Recreation and Community Programs Director Mr. Addelson, Assistant Town Manager for Finance Ms. Hooper, Chief Information Officer Ms. McLaughlin, Project Manager Mr. Pinsonneault, Public Works Director Mr. Goddard, Public Facilities Director Ms. Casey, Human Resources Director Mr. Henry, Planning Director Ms. Tintocalis, Economic Development Capt. Sencabaugh, Fire Dept. Capt. McLean, Police Dept. Ms. Butts, Community Center Director Mr. Lovering, Treasurer Ms. Goodman, IT Director Ms. Rice, Town Clerk Ms. Axtell, Asst. Dir. Senior Services Ms. Rebecchi, Transportation Manager Mr. Newell, Asst. Dir. Facilities Mr. Valenti, Supt. Highway Mr. Filadoro, Supt. Public Grounds Mr. Beaudoin, Supt. Environmental Services Mr. Pecora, Supt. of Water and Sewer Introduction Ms. Barry opened the meeting by welcoming all present and emphasizing the meeting objective of seeking consensus on the Board's goals and work plan for FY2017 -2017. She mentioned that they would be following a different format than in previous sessions and, as there are 62 goals to review, there will be no public comment. 69 -418 Selectmen's Goal Setting Meeting — June 22, 2016 Review Status of FY2016 -2017 Goals Mr. Valente proceeded to review the process and organization of the binder: The list of items that the BOS has identified is a very large number (62 goals). There were three types: Departmental goals, organizational goals and goals to be brought to the Board. The last section of the binder includes a "Work Plan Report of Town Departments ", a report from Ms. Vine and himself that concluded that staff are stretched thin; with crushing workloads. Expect changes in senior management in the next year with retirements and filling those positions. Starting with the first tab in the binder, Goal Status "FY16— FY17 ". Last year had 19 goals and another 20 issues and he reviewed the status of some of those goals: • #5 Road and Sidewalk Maintenance • #6 Complete Streets • #7 Sidewalks (Article 42) • #8 Safety Resolution (Article 45) • #9 PILOP • #10 Public Information & Communication • #11 Changing Demographics /Diversity • #12 Youth Issues • #14 Annual Town Meeting Warrant • #15 Center Diversity and "Bank Moratorium "(Article 53) • #19 Parking Requirements in Zoning Bylaw Discuss Proposed Goal Topics The Selectmen were asked to rank their top five issues to be discussed which resulted in the list of "Preliminary Goals Discussion Topics for FY2017 -18" which they will work from. The list is separated into areas of Affordability, Communication, Planning/Housing, Diversity and All Others. The Selectmen will discuss and narrow the list at their July 25 Board meeting. These issues include: Under "Affordability" • #3 Affordability for the Residents • #58 SMT — New Revenue Sources Under "Communication" • #8 Public Information & Communication Under "Planning /Housing" • #11 Affordable Housing/Housing Production Plan • #59 Planning /Housing Under "Diversity" • Public Service impacts of changing demographics, diversity Under "All Others" there were 9 issues. 69 -419 Selectmen's Goal Setting Meeting – June 22, 2016 Affordability for the Residents Need to balance what we need vs. what we can afford. Looking for new revenue growth as expenses are driven by increased school enrollment and mandates. Look to increase commercial tax base; look for alternative revenue sources; grants or private funding. Have to make choices. SMT – New Revenue Sources Potential sources include a Stormwater Management Utility and a Cemetery Burial Fee. New permitting requirements from EPA; bring back in the fall and some optional ways to address. Large part is educational, i.e., ways to reduce impact of landscaping runoff. The increased Cemetery Burial Fee will mitigate the cost of replacing the building that houses equipment and the office staff at Westview Cemetery. A modest increase in the burial fees will offset debt service costs. Fees have not been raised since 2005. Gather data from other municipal cemeteries and their cemetery fees. Public Information & Communication In our present society and the speed at which information is transmitted, staff are not able to keep up. Requires additional board involvement —what is working or isn't working. Realize that community has some responsibility also. Translation services could improve. All selectmen have office hours. Think outside the box: have information table at flu clinics, Town pools, Res, etc. Schools have a way to communicate with all parents electronically. Affordable Housing and Planning /Housing Maintaining affordability is not keeping pace with some of goals. Seniors don't have place to downsize in Lexington. Need diversity of housing stock. Board needs to work with the Planning Board. Diversity A change in demographics over past 20 years; with that comes challenges in both town services and how we engage our residents in civic activity. Finding best practices and reaching out to community and making all members of the community feel valued and welcome in our civic life. Requires active participation by the Board. Should have a goal of increasing diversity in hiring staff with language skills. Senior Management Goals: Mr. Valente reviewed the Senior Management Team goals: #58 SMT - New revenue sources, #59 Planning /Housing, #60 Parking and loading zone requirements, #61 Increasing the allowable FAR in the CRO District #62 Redevelopment opportunities in the Hartwell Ave. / Bedford St. corridor and intersection of Lowell and North Streets. 69 -420 Selectmen's Goal Setting Meeting — June 22, 2016 All Others Ms. Barry referred back to the "All Others" list on the "Preliminary Goals Discussion Topics" spreadsheet and asked for comments on these: • Public Safety facilities location(s) is high priority for Board and a work in progress. • Combine Road and Sidewalk Maintenance and Complete Streets. • Committee Support and Process goal. Each committee needs to understand its charge and mission, etc. The Board liaison should check in with chair ahead of time and after meetings when they cannot attend. Should have a conversation about the number of committees, whether or not they are productive, and are we putting burden on staff? • Town Meeting Gun Resolution (Article 34) Town Meeting said to come back to them with a report on a Community Conversation on Gun Safety. Bring discussion on how we approach. Do we hire third party facilitator for a fee. • "Encourage the Use of Public Transit" goal. Proposed new community bus service; we should look at Lexpress mid -day service have those buses flex; and funding for the REV is not adequate. • Vacant Buildings goal. Mr. Valente indicated that staff have ideas for each building but plans for the Hosmer House are dependent upon the Police Station decision; Muzzey is complicated; and they are having conversations with the Historical Society about the Stone Building. Proposed Goals from Committees Mr. Valente referred to New Proposed Goals from Committees. He indicated goals with financial implications are more challenging. A letter should be drafted to send to committees acknowledging their submission(s). If no financial implications, they can continue. Ms. Barry indicated the Board will narrow down the goals at its meeting on July 25. Upon motion duly made and seconded, it was voted to adjourn at 11:50 a.m. A true record; Attest: Pauline D. Burke Temporary Clerk 69 -421 Selectmen's Meeting June 27, 2016 A regular meeting of the Board of Selectmen was held on Monday, June 27, 2016, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo; Mr. Valente, Town Manager; and Ms. Chabot, Acting Executive Clerk, were present. Ms. Barry announced that the Board has some special guests, Boy Scouts from Troop 160 working on their communications merit badge, where they have to attend a public meeting and write a paper about it. Public Comment Ms. McKenna, 9 Hancock St, commented that a few weeks ago she presented a petition to the Board of Selectmen regarding looking in to the Historic Preservation Agreement with Munroe Tavern. Mr. Valente mentioned that there were 45 days that the Town had to respond and that he was getting an expert to assist with that. Ms. McKenna wondered if she could get an update and wanted to let the Board know that The National Park Service is available to consult in terms of standards. Mr. Valente has hired an architect to review the Preservation Restriction. In the absence of getting an extension from the Historical Society, our decision is due by July 2nd. Town Manager Report Mr. Valente reported first, that this afternoon staff and all the members of the Board of Selectmen were at Shire for a ribbon cutting ceremony for the newest building they are occupying at 95 Hayden Ave. When Shire first came to Lexington they had about 500 employees and had committed to bringing 680 new jobs to Lexington; they are now at 2,600 employees and Lexington is now their US operational headquarters. Shire's coming to Lexington has also brought some capital funding from the state, over $2 million to make road improvements and sidewalk improvements. Mr. Valente also described all the ways that Shire has made a commitment to our students in Lexington and been a good neighbor to our community. Second, Mr. Valente reported that last week our US Representative, Katherine Clark held a listening session where public officials from her district could let her know about the types of issues we are interested in having her pursue at the federal level. Carol Kowalski, Assistant Town Manager for Development attended. Most of the discussion was around transportation funding. All of the things the Selectmen talked about in Goal Setting were conveyed. Mr. Valente and other public officials were asked to co -sign a letter with Representative Clark regarding reducing gun violence in this country. He asked the Board to evaluate if they would be comfortable having this letter co- signed by Mr. Valente. 69 -422 Selectmen Meeting — June 27, 2016 Third, Mr. Valente was pleased to announce the appointment of our new DPW Manager of Operations, Marc Valenti, and gave some background information about Mr. Valenti's experience and education. Liquor License Hearing — Vine Brook Tavern Ms. Barry opened the hearing at 7:12 p.m. Lindsay Kick, the proposed manager and Todd Casey, a managing member of VBT Revolution, LLC presented the application for a transfer of liquor license from Great Road Tavern, Inc. to VBT Revolution, Inc. Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a transfer of all alcoholic beverages restaurant liquor license from Great Road Tavern, Inc. d /b /a Vine Brook Tavern to VBT Revolution, LLC d /b /a Vine Brook Tavern, 20 Waltham Street. Ms. Barry closed the hearing at 7:14 p.m. Liquor License Hearing — Aloft Hotel/Element Hotel Ms. Barry opened the hearing at 7:15 p.m. Jennifer Ioli of Sherin and Lodgen LLP attorney for the applicant, Anwar Issa, the proposed manager for Aloft, and Neil Dang the proposed manager for Element presented the application for transfer of liquor licenses for Aloft and Element hotels from A &E Lexington Hotels Operator, LLC to Lixi Hospitality Lexington FB MGT, Inc. Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a transfer of all alcoholic beverages Innholder Liquor License to Lixi Hospitality Lexington FB MGT, Inc. d /b /a Aloft Lexington, 727 Marrett Road — A. Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a transfer of all alcoholic beverages Innholder Liquor License to Lixi Hospitality Lexington FB MGT, Inc. d /b /a Element Lexington, 727 Marrett Road — B. Ms. Barry closed the hearing 7:17 p.m. Elect Board of Selectmen Vice Chair Ms. Barry explained that there may be times when the Chairman of the Board may be unable to serve due to illness, personal recusal, conflict of interest or other reasons. It has been suggested that the Board elect a Vice Chairman who would chair the Board meetings during those times. Mr. Cohen nominated Ms. Ciccolo and there were no further nominations. 69 -423 Selectmen Meeting — June 27, 2016 Upon motion duly made and seconded, it was voted 4 -0 -1 (Ms. Ciccolo abstained) to appoint Ms. Ciccolo as Vice Chairman of the Board of Selectmen effective immediately. FY17 Cost -of- Living Adjustment for Non - Represented Employees Ms. Barry recused herself and left the room on the advice of the State Ethics Commission attorney of the day, her husband is an employee of the Town and there is a perceived conflict. Ms. Ciccolo explained that a 2% cost of living adjustment for Fiscal Year 2017 is recommended. This amount is consistent with the amount negotiated with those Unions who have settled contracts for FY17. This proposed cost of living adjustment is within the amount allocated in the FY17 operating budgets. Ms. Casey, Director of Human Resources was available to answer any questions from the Board. Upon motion duly made and seconded, it was voted 4 -0 to approve and authorize a 2% cost of living adjustment for non - represented staff. Cary Memorial Building Signage Ms. Barry rejoined the meeting and resumed as chairman. As part of the overall Cary Memorial Hall renovation project, plans called for improvements to the exterior signing for the building. After a number of iterations were discussed with the Historic Districts Commission (HDC) and Design Advisory Committee, agreement was reached on the design. Colin Smith, architect, presented Cary signage site plan and elevations, HDC options for main Cary sign, and main Cary sign rendering. In response to Ms. Barry's question, Mr. Smith explained that the sign's sole purpose is to advertise for events taking place in the Cary Memorial Building. No vote is required by the Board of Selectmen; however, staff wanted to have the Board's support for this design before proceeding. Continue Discussion — Visitor's Center Project Mr. Mills, Mills Whitaker Architects, gave a more abbreviated presentation than on June 6, 2016 to answer the Board's questions raised at that meeting. The updated conceptual cost including allowance for Temporary Visitors Center, Exhibit Designer and related costs, Sitework and Landscape Design Fees and Landscape Construction totaled $4,063,675. In light of the cost of this project and other projects coming in Town, Ms. Barry, Mr. Pato and Ms. Ciccolo were not in support of moving forward to schematic design right now, but to consider it when budgets for FY18 and FY19 become a little more clear. Mr. Kelley was in 69 -424 Selectmen Meeting — June 27, 2016 support of moving forward to schematic design. Mr. Cohen supports having the final design done and looking in to alternative funding. Ms. Tintocalis asked if the Board would consider moving forward if the program was designed to a certain budget or if renovation was an option and Community Preservation Act money was considered. The Board asked that Ms. Tintocalis bring that as an agenda item to a future meeting. Accept Public Comments — Conservation Restriction — Busa Farm Property Ms. Barry explained that the Board is taking public comments on the draft Conservation Restriction (CR) for the Busa Farm property located at 52 Lowell Street. Under the Community Preservation Act statute, the Town must place a conservation restriction on the portion of the Busa Farm property that is leased to LexFarm. The CR will then be held and enforced by an entity other than the Town. Abutters were notified of the draft Conservation Restriction and an article placed in the Lexington Minuteman newspaper soliciting public comments. The Selectmen have received four public comments by email. Because of the lateness of one of the comments received by email, the Community Farming Committee and Town Counsel were not able to review that document, regarding language changes within the CR. Bella Tsvetkov, 42 Lowell St., is concerned about potential new buildings near the existing homes and the possibility that a swimming pool could be put in for recreational use. Mr. Bartenstein, Precinct 1, submitted language changes within the CR which Town Counsel has not yet had a chance to review. Alison Guerette, president of the Board of Directors of Lexington Community Farm, read a statement including LexFarm's support of the suggestions that have been made to revise the CR language to allow for infrastructure improvements in the future. She also supports the amended language proposed by Mr. Bartenstein. Mr. Karnofsky, Precinct 7, former president of the Board of LexFarm, feels that the CR addresses the key issues. Janet Kern, 72 Lowell St, applauds the work done to date, but feels that more people, organization and groups in town need to be invited to think about the possibilities for this land, especially the conservation commission. Gay Busa, 52 Lowell St, is concerned about any building near the house lots. She understood that there would be a clear buffer zone between the Farm and private property. Ms. Barry thanked all who came this evening and let them know that this item will appear on the Selectmen's agenda for the July 25, 2106 meeting. 69 -425 Selectmen Meeting — June 27, 2016 Approve Temporary Signage for Bikeway At their June 1, 2015 meeting the Board of Selectmen approved the request of the Lexington Bicycle Advisory Committee to place a series of signs along the Minuteman Bikeway to remind users to share the trail, walk and ride safely, etc. Ms. Enders, Committee Chairman, presented the request to repeat this program for the 2016 summer /fall season. Upon motion duly made and seconded it was voted 5 -0 to approve the request of the Bicycle Advisory Committee to post safety messages on the Lexington section of the Minuteman Bikeway for the 2016 summer /fall season. Community Choice Electricity Aggregation Program — Public Comment and Approval Mr. Sandeen, chairman Sustainable Lexington Committee, explained that in March of last year Town Meeting approved community choice aggregation. Mr. Sandeen introduced Paul Gromer, CEO of Peregrine Energy Group and John Shortsleeve of Bay State Consultants. Mr. Gromer explained that the purpose of their presentation is to fulfill the State law requirement for making the community electric aggregation plan available for public review and comment by Town citizens. Mr. Gromer presented an overview of Lexington's community choice electric aggregation plan including: an introduction to what an electric aggregation is and how it works; potential benefits to the community; participant experience and the public education; and estimated timeline for implementation. In response to Ms. Barry's question regarding how citizens will be made aware of the public comment period and who they direct comments to, Mr. Gromer explained that first there is the discussion this evening and then the plan will be posted on the Town's website. There will be a media release that will similarly explain the process. The contact for public comment is Mr. Sandeen, through the Sustainable Lexington Committee email account. The public comment period is typically 3 weeks but it is for the Town to decide. In this phase it is just public comment on the plan itself. Vote on 9 Hancock Street — Proposed Alterations to the Land Lease — Accessory Apartment At the Board's June 6, 2016 meeting, Dawn and Stephen McKenna presented plans for adding an accessory apartment in the Carriage House at 9 Hancock Street. Because of the unique agreements between the Town and the McKenna's regarding the property, the McKenna's sought determination from the Board on several questions and the Board took the following votes: Upon motion duly made and seconded, it was voted 5 -0 to contact the Zoning Board of Appeals (ZBA) clarifying for them that the Board of Selectmen would like the ZBA to hear this special permit application. 69 -426 Selectmen Meeting — June 27, 2016 Upon motion duly made and seconded, it was voted 5 -0 to convey to the ZBA that the Board of Selectmen, under the Town's land lease for this property, has no objection to this request for a special permit. Upon motion duly made and seconded, it was voted 5 -0 to confirm with the Historic Districts Commission (HDC) that the HDC is the Administrative Authority, on behalf of the Board of Selectmen, to administer the Preservation Agreement. Further, the HDC also has jurisdiction under its statutory authority. Town Counsel suggests that the HDC take two votes in this matter: 1. Vote whether the proposed changes are consistent, with or without conditions, with the Preservation Agreement 2. Vote a Certificate of Appropriateness, with or without conditions, under the HDC's statutory authority. Proposed FY2016 Budget Transfers Ms. Barry recused herself and left the meeting because her husband is an employee of the Town. Ms. Ciccolo served as chairman for this item. Mr. Addelson, Assistant Town Manager for Finance, presented information to explain the request for FY2016 3% Rule and Salary Adjustment Account transfers. Proposed transfers were provided to the Selectmen in a table titled FY2016 Proposed Year -End Transfers. On July 14, 2016 the finance department will present the proposed transfers to the Appropriation Committee for its review, and in the case of the 3% transfers, its approval. While salary adjustment account transfers do not require the approval of the Appropriation Committee, it has been the practice to present them for its review and a supporting vote. Mr. Addelson also presented the request for an increase to the FY16 spending ceiling of the Building Rental Revolving Fund to $480,000. If approved by the Selectmen, this request will also be presented to the Appropriation Committee on July 14, 2016, as its approval is also required pursuant to Chapter 44, Section 53 /2. Upon motion duly made and seconded, it was voted 4 -0 to approve and sign the proposed FY2016 3 % Rule and Salary Adjustment Account transfers and approve the increase in the Building Rental Revolving Fund to $480,000. Update on Minuteman High School Debt Approval Ms. Barry rejoined the meeting and resumed as chairman. Mr. Cohen explained that representatives from the Boards of Selectmen and some town managers and finance committee people from 13 of the 16 communities that make up the Minuteman High School district met on June 20 to discuss the vote by Belmont Town Meeting to 69 -427 Selectmen Meeting — June 27, 2016 not support the issuance of debt for the Minuteman school project. Since the issuance of debt by Minuteman requires either the unanimous vote of all 16 member towns or majority vote in a district wide election, Belmont's Town Meeting vote can potentially stop this project, which has secured approximately $45 million in funding from the Massachusetts School Building Assistance Bureau. The consensus of the selectmen attending the meeting was to recommend to the Minuteman School Committee that they call for a districtwide election on this matter. If a majority of the voters vote to approve this debt, the project can go forward. Mr. Cohen went on to say that there will be a referendum vote in the district, all 16 towns, including the 6 that are going to be dropping out of the district in FY17. The vote will be on Tuesday September 20, 2016. If a majority of the voters vote for it, the bond issue is deemed approved. Selectmen Appointments /Resignations Center Streetscape Design Review Ad Hoc Committee Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Meg Himmel from the Center Streetscape Design Review Ad Hoc Committee, as a liaison representing the Garden Club, effective immediately. Upon motion duly made and seconded, it was voted 5 -0 to appoint Elaine Doran to the Center Streetscape Design Review Ad Hoc Committee, as a liaison representing the Garden Club. Board of Appeals Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Richard Michelson from the Board of Appeals as an Associate, effective immediately. Upon motion duly made and seconded, it was voted 5 -0 to appoint Hank Manz to the Board of Appeals as an Associate, filling the unexpired term of Richard Michelson until September 30, 2016. Fence Viewers Upon motion duly made and seconded, it was voted 5 -0 to appoint Hank Manz to the Fence Viewers until September 30, 2016. Town Manager Appointment — Permanent Building Committee Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of Peter Johnson to the Permanent Building Committee until June 30, 2019. 69 -428 Selectmen Meeting — June 27, 2016 Town Manager's Annual Review Ms. Barry provided a draft review to the Board and went over it with Mr. Valente. The Selectmen gave high praise for Mr. Valente's performance and look forward to his continued leadership. Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the annual performance review for FY16 for Mr. Valente, Town Manager. Future Meetings The Board scheduled regular Selectmen's Meetings on September 12, September 26, October 13, October 24, November 7, November 21, December 5, and December 19, 2016. Budget Summits were scheduled for October 6 — Summit #1, November 9 — Summit #2, and December 1 — Summit #3. Departmental Budget Presentations were scheduled for November 29 through December 2, 2016. Possible Town Meeting dates if needed were reserved for September 12, 19 or 21, 2016 and October 17 and 19, 2016. Vote to Accept a Citizen - Generated Donation from Jet Aviation Mr. Pato presented information for the Board to consider accepting the citizens - generated donation from Jet Aviation, borne out of a nearly two year effort by Hanscom -Area citizens to limit the adverse impacts on natural resources from the most recent instance of expansion of the Hanscom Civil Airport. An outline of the issues and elements of the settlement was attached in the Board's packet. The donation of $100,000 will be divided, according to the agreement, among those Towns whose Boards vote to accept, with each share to be disbursed on a yearly basis per Town, on or before March 1 (in 2015 for Concord; in 2016 for Bedford; in 2017 for Lexington). The Concord Select Board voted to accept its Town's share on May, 4, 2015, and the Bedford Board voted to accept on December 21, 2015. Both Towns have received their share of the donations. Because of its involvement in the permitting and ruling process, the Town of Lincoln asked not to be named a recipient of the donation, nor a party to the settlement agreement (the latter being a role assigned by MassDEP as standard practice in appeals). Both of these requests were honored and therefore the donation is being split among the three remaining towns. Mr. Kelley commented that he is trying to understand why the amount is $100,000 and what it represents. Ms. Kati Winchell, Lead Citizen Petitioner, and Mr. Pato responded to questions. 69 -429 Selectmen Meeting — June 27, 2016 Upon motion duly made and seconded, it was voted 4 -1 (Mr. Kelley opposed) to accept Lexington's share of the $100,000 donation from Jet Aviation for the purpose of any environmental improvement and /or acquisition of conservation land that the Town chooses in its sole discretion. Preliminary Discussion — Community Conversation on Town Meeting Citizen Article 34 — Gun Resolution Mr. Pato explained that at their Goal Setting meeting, the Board talked about responding to Town Meeting's request for the Selectmen to enable a community wide discussion on gun violence. At the Selectmen's meeting on April 13, 2016 Mr. Pato proposed and the Board approved a process that called for us to do a series of investigations in how to facilitate these kinds of conversations to make sure that they are inclusive of all perspectives and extract from the community the real underlying concerns about gun violence. As part of this exercise Ms. Ciccolo and Mr. Pato have been in contact with the Public Conversations Project, a leader in helping communities and organizations develop the trust that underlies constructive engagement toward creative solutions. Ms. Ciccolo gave information regarding two drafts of the Scope of Work and Budget proposed by the Public Conversations Project. Next steps are final refinement of the proposal, some thought around how we might crowd source the funding or find some other opportunity for funding and then how we would start to establish a base line of information, which is what we think we should start in the fall. Mr. Pato asked for general feedback. Ms. Barry pointed out that we have a stripped down proposal which comes to $10,800 and a more robust proposal which comes to $32,800. She is not sure that Town Meeting was intending that the Board was going to engage in spending this amount of money to facilitate a conversation. Also of concern is that under Project Objectives it talks about the role of firearms in the community and "helping the Board of Selectmen to make a better, more informed and inclusive decision." Mr. Pato thinks the word "decision" probably reflects our discussion of what we would bring back to Town Meeting with respect to a response; there is no specific action proposed. Mr. Kelley suggested and Mr. Cohen agreed that educating ourselves and the community on what the laws of Massachusetts are would be helpful. We could do this with the assistance of the Police Department and groups such as the League of Women Voters. Mr. Kanter, Town Meeting member, feels that getting some professional advice is worth being done, not at $30,000, but it is worth spending some money. Ms. McKenna, chair Tourism Committee, does not agree with spending money on something like this but not the Visitor Center. Mr. Armstrong, citizen, it is only after reaching common consensus that any action could be taken, the money is immaterial, it is about taking a moral stance. 69 -430 Selectmen Meeting — June 27, 2016 Ms. Barry explained that Mr. Valente has asked the Board to review the letter proposed by Katherine Clark, member of Congress, to the Speaker of the House regarding improving gun safety. The Board has no objection to Mr. Valente joining other Town Managers and Administrators in signing the letter proposed by Congresswoman Clark. Consent Water & Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following Water and Sewer commitment: Commitment of Water & Sewer charges May 2016 Cycle 9 $287,679.46 Approve One -Day Liquor License — Spectacle Management Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for Spectacle Management to serve beer and wine in the Cary Memorial Building Lobby on Friday July 29, 2016 from 7:00 p.m. to 10:00 p.m. for the Taj Mahal Concert. Approve Town Manager's Vacation Request Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's vacation from August 29, 2016 to September 2, 2016. Approve Use of Battle Green — Promotion Ceremony Upon motion duly made and seconded, it was voted 5 -0 to approve the request of Natasha Miller, US Air Force, to conduct a promotion ceremony on the Battle Green on Sunday, June 30, 2016 from 3:00 p.m. to 5:00 p.m. Approve Minutes and Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of December 2, 2015, December 4, 2015 Budget Presentations, December 7, 2015 Budget Presentations (morning meeting) and December 7, 2015 (evening regular meeting), December 10, 2015 Summit meeting, December 14, 2015, and December 21, 2015 with the addition of a statement correcting a factual error from the November 30, 2015 meeting read during the December 2, 2015 meeting and other non - substantive edits. Upon motion duly made and seconded it was voted to approve but not release the executive session minutes of December 4, 2015, December 10, 2015, December 14, 2015 and December 21, 2015. Approve and Sign Eagle Letter — Arjith Jegannathan Upon motion duly made and seconded, it was voted 5 -0 to sign a letter of commendation for Boy Scout Eagle Arjith Jegannathan — Troop 160. 69 -431 Selectmen Meeting — June 27, 2016 Executive Session Ms. Barry recused herself and left the meeting because her husband is an employee of the Town. Upon motion duly made and seconded, it was voted 4 -0 by roll call to go into Executive Session at 10:06 p.m. to discuss strategy with respect to collective bargaining related to Crossing Guards Union and to reconvene in Open Session only to adjourn. Further, the Vice Chairman declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10:26 p.m. A true record; Attest: Diana B. Chabot Acting Executive Clerk