Loading...
HomeMy WebLinkAbout2016-04-BOS-min69 -383 Selectmen's Meeting April 4, 2016 A meeting of the Board of Selectmen was held on Monday, April 4, 2016, at 6:00 p.m., in the Selectmen's Meeting Room, Town Office Building. Mr. Pato, Chairman, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. Article Presentations /Discussion/Positions Article 14 — School Zone Traffic Calming Mr. Craig Weeks, representing the Safe Routes to School (SR2S) Program, gave a presentation on its purpose which is one of a continuing series of recommendations by SR2S to improve pedestrian and bicycle safety for Lexington's students. This article focused on increasing driver awareness around our neighborhood -based schools. Controlling vehicular speeds around Lexington's schools, where the 7 out of 9 are located on/near arterial roads, is a critical safety element. This article has been indefinitely postponed but has been referred to the Transportation Safety Group (TSG) with the understanding that, if the FY2017 budget for TSG (Article 10q Transportation Mitigation) is approved, TSG will consider implementing a trial school zone program at one elementary school to evaluate its effectiveness, with the intent of determining if other school zones could benefit from these signage upgrades in the future. Article 2 — Tourism Report Mr. Pato stated that the Tourism Committee Report has been rescheduled to the April 25 meeting. Article Positions The Board did not change any of their positions. Review Draft of Brookhaven Memorandum ofAgreement for Article 45 Mr. Cohen recused himself from this portion of the meeting since he is on the Board of Directors at Brookhaven. Mr. Valente has been working with a Task Force that includes Ms. Ciccolo and Ms. Barry and they have come up with the following options for the Memorandum of Agreement related to the proposed Brookhaven rezoning, including: 1. Tax status — to be determined by the Board of Assessors 2. Contribution for affordable housing. Options to be discussed include: • Cash contribution equal to the development cost for 7 affordable units discounted to present value over 20 years; • Cash contribution, paid in equal installments over a 10 year period; • Brookhaven to provide 7 of its new units on a straight rental basis, in a manner acceptable to DHCD to be included in the Subsidized Housing Inventory; • Combination of land and cash to allow Town to construct affordable units on Brookhaven property; or 69 -384 Selectmen's Meeting — April 4, 2016 • Contribution of land to allow Town to construct affordable units on Brookhaven property. Mr. Kelley stated that when the Town reached its 10% affordable housing units, a number was calculated with the expectation that was the process going forward. Mr. Pato agrees; he would build out the entire 79 units and request a cash contribution so town can construct the additional units. Mr. Valente stated it would be difficult to develop anything beyond the 79 units since the site has wetlands. Mr. Kanter urged the Board to ensure the full objective of 10 percent. Mr. Valente stated the cost of construction for LexHAB units is $135 -165 /square foot; there is a cost for construction and the cost of the land. LexHAB is paying anywhere from $400,000- $500,000 for buildable lots. Mr. Pato stated if the units have to be built somewhere else other than Brookhaven's property, a cash contribution would be necessary. Mr. Kelley is interested in perpetuity of the affordable units and wants to make sure they are documented and tracked. Selectmen Committee — Appointment — Board of Appeals Upon motion duly made and seconded, it was voted 5 -0 to appoint Ralph Clifford to the Board of Appeals as a full member to fill the unexpired term of Leo McSweeney until September 30, 2016. Approve and Sign Royal Ranger Congratulations Letter for Oneniotekowa Jude Maracle Upon motion duly made and seconded, it was voted 5 -0 to send a letter of commendation congratulating Oneniotekowa Jude Maracle on attaining the Gold Medal of Achievement in the Royal Rangers. Approve and Sign Eagle Congratulations Letter for Michael Frank Upon motion duly made and seconded, it was voted 5 -0 to send a letter of commendation congratulating Michael Frank for attaining the highest rank of Eagle in Boy Scouting. Approve Requests for Water and Sewer Deferrals Upon motion duly made and seconded it was voted 5 -0 to approve Water and Sewer deferrals for 11 Garfield Street and 60 Wood Street. 69 -385 Selectmen's Meeting — April 4, 2016 Executive Session Ms. Ciccolo recused herself from the executive session since her parents abut the property at 20 Pelham Road. Upon motion duly made and seconded, it was voted 4 -0 to go into executive session to consider the purchase, exchange, lease or value of real property, 20 Pelham Road, 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 to adjourn at approximately 7:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 69 -386 Selectmen's Meeting April 5, 2016 A meeting of the Board of Selectmen was held on Monday, April 5, 2016, at 4:00 p.m., in the Selectme's Meeting Room, Town Office Building. Mr. Pato, Chairman, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. Public Comment Mr. Kanter, Precinct 7 Town Meeting Member, corrected a mistake he made about Brookhaven. Belmont Country Club Recreation Land /Right of First Refusal - Discussion with Conservation Commission Member Mr. Hamilton, Chair of the Conservation Commission, explained the reasons why they were not interested in purchasing the land, including limited access and it does not lend itself to public enjoyment. The Conservation Commission supports the Greenways Corridor Committee efforts but not as conservation land. Mr. Ohmart, Chair of the Greenways Corridor Commission (GCC), stated that they were not notified about the right of first refusal. The 19 acre parcel fulfills the following Land Evaluation Criteria from the 1996 report of the Land Acquisition Planning Committee to the Conservation Commission: • Contribution to Town Character • Biological Values • Public Access Values • Wetlands Protection Values • Of the 23 parcels listed as Critical to protect, 6 exceed 20 acres in size while the remaining 17 average just 7.7 acres in size. The Belmont Country Club parcels at 19 acres represents a rare and significant opportunity to protect existing open space. There is ample public access /parking on Pleasant Street and there is the possibility of negotiating weekend parking with Montessori School. Passive recreational value limited to trail connection, which is true for nearly all of the existing conservation properties. The FEMA Flood Hazard map indicates that the proposed trail route is possible and it would avoid the flood plain. The Montessori School has created a soccer field on a portion of the 19 acres and wishes to continue leasing the space should the Town acquire this property. There are other shared Recreation/Conservation spaces. Structured recreational areas adjacent to undeveloped open space provide a spectrum of outdoor activities for all age groups. 69 -387 Selectmen Meeting — April 5, 2016 A meeting was held with MassDOT District 4 Engineering staff on March 30 to discuss trail easement opportunities. The staff were very supportive but needed to refer the request to the regional Right -of -Way Division for final consideration. The GCC strongly urges the Conservation Commission to publicly support the Town's acquisition of this parcel. If the Town fails to purchase this parcel, the GCC strongly urges the Conservation Commission to publicly support the Town's acquisition of a Conservation Restriction on the property, including the provision for a trail easement. Ms. Gery, Head of the Montessori School, explained that the Montessori School has leased approximately 3 acres of the 19 -acre parcel from Belmont Country Club (BCC) for a modest annual fee. Since December 2013 they have been working with the BCC to secure a fair price for the 19 acres. They also hope to work with the Town to determine if there might be a mutually positive outcome for the land and its uses. Ms. Carpenter, 94 Pleasant Street, Conservation Steward, would not like to lose the current vista; houses would impact that. She hopes something can be worked out between the Town and Montessori School. Ms. Ciccolo feels there is not a lot of time but suggested that a working group could work out the details. Review Draft of Brookhaven Memorandum of Agreement for Articles 45 Mr. Valente has no new issues to discuss with the Board. Executive Session Upon motion duly made and seconded, it was voted 5 -0 to go into executive session to discuss strategy with respect to litigation of 430 Concord Avenue (Exemption 3) and to consider the purchase, exchange, lease or value of real property (Belmont Country Club) (Exemption 6) 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 5:48 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 69 -388 Selectmen's Meeting April 6, 2016 A meeting of the Lexington Board of Selectmen was held on Monday, September 26, 2016, at 6:00 p.m. in the Selectmen's Meeting Room of the Town Office Building. Chairman Pato, Mr. Cohen, Ms. Ciccolo, Mr. Kelley and Ms. Barry were present as well as Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk. Selectmen Concerns and Liaison Reports Chairman Pato noted that the Selectmen take "no positon" on Town Meeting Article 34 since the Board's vote was 2 -2 -1. Mr. Cohen clarified that although it was recorded as an abstention, the purpose of his vote was to withhold his opinion until hearing Town Meeting debate. Procedurally, Mr. Pato said he would rise from his place at Town Meeting and stand in line at the microphone to make a brief presentation on his position. Town Manager's Report Mr. Valente said that on March 21, he gave a presentation to Town Meeting on what the tax impact would be of all known proposed debt exclusion projects to the "average" household over the next 5 years. A subset of those total projects was also shown that included the Hastings School. Since that presentation, Mr. Valente has been asked to recalculate the projections without the Hastings project included. To report on those findings, Mr. Valente asked that Mr. Addelson, Assistant Town Manager for Finance, be recognized. Mr. Addelson showed three slides: Slide #1 was the same as presented at TM that demonstrated the impact of all projects over the course of 5 years. The list of projects in this slide included the Hastings School renovation; Police and Fire stations; Lexington High School (LHS) HVAC renovation; accommodations for the Lexington Children's Place (LCP) at an as- yet - unknown location; and acquisition of the Pelham Road property. With the base property tax bill, a 21/2% annual increase, and the CPA surcharge, the impact to a median value home would increase from $11,790 in FY16 (with $603 attributed to excluded debt) to $15,148 in FY25 (with $1,166 attributed to excluded debt). A variable amount of tax mitigation from the Capital Stabilization Fund is shown as well, ranging from $14 in FY16 to a high water mark of $328 in FY20, thereafter, declining to zero in FY24 and FY25. Just as Slide #2 on March 21 at Town Meeting showed the tax impact of a subset of projects, Mr. Addelson's Slide #2 also showed a subset but with the Hastings School removed from the calculation. This subset list includes $4M authorized a year ago for master planning designs for School facilities; $5.386M authorized in December to continue the design phase plus six modular classrooms for 3 elementary school sites; and the recent authorizations for Clarke and Diamond middle schools. The after - mitigation tax impact shows median home taxes of $11,776 in FY16 to $14,557 in FY25. Mr. Addelson said the assumed drawdown of approximately $12.7M from Capital Stabilization would leave a fund balance of $5.7M to mitigate the impact of other pending projects: the Hastings School, LHS HVAC; LCP; Police and Fire stations; and the Pelham Road property. 69 -389 Selectmen's Meeting – April 6, 2016 Slide #3 shows the tax forecast if the debt exclusion does not pass. In this scenario, tax bills in some years would not increase by the full 21/2% allowed because the debt service would decline over time for existing capital projects and no new debt would be added. Mr. Addelson said these slides will be posted on the Town's website. Article Presentations /Discussions /Positions Article 43 —Amend Zoning Bylaw— Banking and Real Estate Service Uses in CB District Mr. Pato welcomed the Planning Board as well as Mr. Jerry Michelson of the Lexington Center Committee. Mr. Pato verified that the Selectmen had seen previous drafts of the proposed zoning bylaw amendment and clarified that the Planning Board was in session as it made the evening's presentation. Mr. Richard Canale, Vice Chair of the Planning Board, said the Planning Board had met with the Center Committee and a variety of stakeholders to develop the amendment, ultimately reaching a consensus that provided not only a blueprint for banking and real estate businesses in the Center but also a plan that presented a vision for the Center as an attractive, active and cultural destination with an identifiable sense of place. As a precondition for acquiring a special permit that would allow the establishment, relocation, or expansion of a bank or real estate business in the Central Business District, an applicant would have to satisfy a seven point list of criteria. Reasons for identifying this particular list of criteria include assuring a diversity of businesses so that banks and real estate establishments do not dominate the Center, visually or commercially. Mr. Michelson said he anticipated the Center Committee would support Article 43 at Town Meeting but it has not yet taken an official vote on the final draft. It was noted that the Planning Board voted 5 -0 to approve the article. Mr. Kelley asked if Town Counsel had approved the amendment because it seemed to him as though Item D of the criteria (re: hours of operation) had looser language than before. Planning Director Aaron Henry said Town Counsel had been in close contact throughout the amendment's development. Criterion D, specifically, is intended to ensure that banks seeking the special permit keep hours similar to retail businesses so that storefronts are not dormant for significant parts of the day. Parking was also a consideration— i.e. overlapping and complimentary utilization of available spaces —as well as promotion of the concept that banks should consider themselves partners in a vibrant business center rather than stand -alone enterprises. Mr. Michelson commented that, in his committee's view, it would be acceptable for the Zoning Board of Appeals to say "no" to a bank or realtor that failed to meet the criteria. 69 -390 Selectmen's Meeting – April 6, 2016 Mr. David Kanter, Precinct 7 Town Meeting member, asked if the ZBA would be mandatorily bound by the criteria to approve or deny applications. Mr. Canale replied that the ZBA would indeed be bound and would need to apply them. Ms. Ciccolo said she supported the amendment and called it reasonable and workable. She added that the bylaw may require revision once the ease of applicability has been tested but this would be understandable. Mr. Kelley agreed, saying the amendment achieves the intended goal. Mr. Cohen said he would support the amendment but feared that Criterion D, as Mr. Kelley pointed out, contains language too loose to pass legal muster. He asked that Town Counsel be asked once again to review the amendment. Mr. Cohen also questioned whether the Attorney General would deem the language of Criterion D to be adequate but he otherwise viewed the content of the amendment positively. Ms. Barry and Mr. Pato supported the amendment. Mr. Pato added that the Board had heard much from residents on the issue of business diversity in the Center. He noted, further, that the Planning Board and Center Committee had worked against the clock to produce the amended article for Town Meeting. Center Streetscape Design Review Ad Hoc Committee Revised Charge This item was postponed for discussion until a future meeting as certain edits were not reflected in the material in hand. Board members were asked to forward any additional edits to Ms. Pease who will revise the document and return it to the Board. Mr. Michelson said the next Center Committee meeting is scheduled for April 14 and he asked if the Committee could discuss the draft in its current form and submit comments. Mr. Pato said the Selectmen might vote on the charge before then; if that is the case, he will send Mr. Michelson the revised document and will also attend the Committee's meeting on April 14. Munroe Center for the Arts — License Amendment Town Meeting will consider Article 15k that would approve roof replacement at the former Munroe School, now leased to the Munroe Center for the Arts. The MCA has said it would support the cost of the roof replacement if it is within its capacity to do so; however, replacement estimates received to date have given rise to concern that MCA's funding ability, without assistance, may be inadequate. If that is the case, MCA has asked the Town to fund that part of the cost the MCA cannot support. Since so far there have been no concrete numbers to discuss, the Board of Selectmen has not voted on whether to accept or decline this course of action. Tom Griffiths, Chairman of the Board of Directors of MCA informed Mr. Valente that MCA voted to authorize the Town to bid out the job. Once the actual cost of the project is known, the matter would come back before the Board of Selectmen to determine if /how to proceed. The letter in hand from the Town to MCA is intended to accomplish two goals: 1) to provide documentation of the possible agreement described above and, 2) to extend MCAs license to 69 -391 Selectmen's Meeting — April 6, 2016 occupy the Town's property (Munroe School) through June 30, 2018. Mr. Valente noted there would be a new Chairman of the Board of Directors of MCA by that date; June 30 allows for the new Chair to become acclimated to the role before a new lease contract must be negotiated. Mr. Kanter, speaking as a member of the Capital Expenditures Committee, said he was concerned with a change of approach that opens the door to a shared cost agreement since CEC's model anticipated full funding for the roof from MCA. He further added concern with the final sentence of the agreement letter that characterizes any reimbursement to the Town from MCA as being tied to the term of the debt rather than to a specified dollar amount. Mr. Pato agreed that this warranted clarification. Mr. Kelley agreed with Mr. Kanter, adding that the term of the roof debt would be decided by the Town based on the amount and on other debt exposure. Additionally, depending on how aggressively the Town pays down this debt, the bond for the roof may be retired before MCA is able to fully reimburse its share of the cost. Mr. Kelley said it does not seem reasonable that MCA would continue to reimburse the Town if it were to move from the building at some later date; however, he would be comfortable with an arrangement that created a structure for MCA to pay back the Town based on occupancy. Ms. Dawn McKenna, Precinct 6 Town Meeting member, said she was surprised to see re- licensing for MCA without resolution to the question of MCA's responsibility to take care of the building as understood in the original agreement. Although she supports MCA remaining in the building, Ms. McKenna, a former Selectman, said the maintenance agreement has never been honored. Mr. Cohen said it was his understanding that MCA had done a number of capital projects during its tenancy. MCA Chairman Tom Griffiths said there had never been a formal agreement between the Town and MCA, merely an agreement to agree. It was, however, specified that MCA would engage in fundraising for the building but this has never been done. Mr. Griffiths apologized for this but added that he and Mr. Valente finally discussed clearer guidelines, now that MCA has a better sense of its financial position. While Mr. Griffiths and Mr. Valente did not agree on every point, the agreement to consider cost sharing for the roof is an example of the new relationship between MCA and the Town. Mr. Valente suggested eliminating the part of the sentence about the term of the debt with which people disagree. If the Board approves the deletion, the letter can be edited and the matter can move forward. Ms. McKenna said she was uncomfortable with the language that leaves MCA's share of the project open- ended, saying she is concerned for the Town's interests. On motion duly made and seconded, the Board voted 5 -0 to approve the license for the Munroe Center for the Arts as amended and to authorize the Town Manager to enter into this agreement. 69-392 Selectmen's Meeting – April 6, 2016 Use of the Battle Green Patriot Ordnance Factory — Request to Film Commercial Mr. Pato offered an update on POF's request to use the Battle Green to film a commercial for a new rifle. Questions posed by the Board following the initial presentation on this matter have been forwarded to Zev Nadler, agent for POF. Several conditions were stipulated and the Board also requested that POF consider postponing the filming until May. If May is not acceptable, April 11 is the only day available to the group; April 11 has already been approved as long as Patriot agrees to the conditions. Confirmation has not yet been received from Patriot, so the Selectmen took no action. Ryan Riney — Assembly to Protest Passage of Article 34 Mr. Pato said, due to a scheduling conflict on the original date, Mr. Riney has revised the date of his request to Sunday, April 10. If the subject of the protest — Article 34 —does not pass at tonight's Town Meeting, Mr. Riney will not hold the event. Ms. Barry questioned whether conditions on the Green were favorable for events since there was still snow visible and rain is predicted for the next couple of days. Mr. Valente said the final approval for both requests lies with the DPW, as stated in the stipulations sent to Patriot. In response to Ms. Barry's point, Mr. Pato said the motion to grant Mr. Riney's request should contain the proviso that use of the Green is subject to DPW authorization. Mr. Pato will ask Mr. Riney to consider an alternate site for the event due to this uncertainty. In motion duly made and seconded, the Board of Selectmen voted 5 -0 to approve the use of the Battle Green for a protest to the passage of Town Meeting Article 34 on Sunday, April 10 after 1:00 p.m. subject to ground conditions and approval by the DPW. Consent Agenda Sign National Library Week Proclamation On motion duly made and seconded, the Board of Selectmen voted 5 -0 to sign a Proclamation honoring National Library Week, the staff of the Cary Memorial Library, and the contributions of the Cary Library to the quality of life in the community. Sign Arbor Day Proclamation On motion duly made and seconded, the Board of Selection voted 5 -0 to sign a Proclamation urging all citizens to celebrate Arbor Day on April 29, 2016, and to support efforts to protect trees and woodlands, the Town's urban forestry program, and also to urge all citizens to plant trees to promote the wellbeing of present and future generations. 69 -393 Selectmen's Meeting — April 6, 2016 On motion duly made and seconded, the Board of Selectmen voted 5 -0 to adjourn at 6:53 p.m. A true record; Attest: Diana Chabot Assistant to the Executive Clerk Transcribed by Kim Siebert 69 -394 Selectmen's Meeting April 11, 2016 A meeting of the Board of Selectmen was held on Monday, April 11, 2016, at 6:00 p.m., in the Selectmen's Meeting Room, Town Office Building. Mr. Pato, Chairman, Mr. Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports Ms. Ciccolo reported that she was asked to brief the Lt. Governor on Tuesday, April 12, at the Massachusetts Municipal Association on the Lexington Community Compact. Mr. Pato also mentioned that Lexington recently signed the Community Compact in Lowell. Ms. Barry reported that the Old Guard was coming to Lexington for an indoor concert on Friday, April 15, at 7:30 p.m., an outdoor concert on Saturday, April 16, at 12:00 noon and then they will participate in the afternoon parade on Monday, April 18. Mr. Pato reported that on behalf of the Town he attended the Boston Chinese Musicians Association (Dream of the Red Chamber), which was sold out. It is an asset to see the venue used for so many local cultural events. Mr. Pato also reported that at the Town Meeting on April 6, a gun resolution was passed. He asked the Selectmen to think about three possible phases: what to do as community, how to deliver the message, and how to engage residents. He asked for another member of the Board to work with him and bring it back for discussion. Mr. Pato also reported that in the Lexington Minuteman there was a letter about the Center Streetscape that was inaccurate. He would like to respond to the letter and requested that the Board review the letter at the meeting on Wednesday. Mr. Pato announced that he will not be continuing as Chairman at the conclusion of this year's Town Meeting. Town Manager Report Mr. Valente recognized Police Chief Corr who provided an update on the Lexington High School bomb threat. Liquor License Change — Lexington Golf Club The Lexington Golf Club has submitted all the necessary paperwork needed to request approval of change of manager and new officers /directors on their All Alcohol Club Liquor License, except the letter of Good Standing from the Department of Revenue, which is only good for 90 days and the Lexington Golf Club's is dated November 15, 2015. 69 -395 Selectmen Meeting — April 11, 2016 Mr. Kelley will abstain from voting on this item since he is a member of the Lexington Golf Club. Upon motion duly made and seconded, it was voted 4 -0 -1 (Mr. Kelley abstained) to approve the application reflecting a change of manager and new officers /directors and issue an All Alcohol Club Liquor License to the Lexington Golf Club, 55 Hill Street, subject to receiving an updated Letter of Good Standing from the Department of Revenue. Approve Lexington Ridge - Avalon Regulatory Agreement Ms. Elizabeth (Liz) Rust, of the Regional Housing Services Offices (RHSO), provided an update on the proposed Affordable Housing Regulatory Agreement for Lexington Ridge- Avalon property on Waltham Street and requests that the Town Manager be authorized to execute the final regulatory agreement. There are 198 total units on Lexington's SHI of which 56 are affordable and 142 are market rate units. Of the affordable units 40 are affordable to lower income households, and the remaining 16 more moderate (AMI) households. Since the Town is now the responsible Monitoring Agent, through the Regional Housing Services Board (RHSO), they proposed executing a local regulatory agreement to confirm the terms of affordability for the low income units. Upon motion duly made and seconded, it was voted 5 -0 to authorize the Town Manager to sign the binding letter and Regulatory Agreement for the Lexington Ridge - Avalon affordable housing program. Update on Use of HOME Funds Ms. Rust updated the Board on the use of federal HOME funds to be used for a portion of the purchase price for the Keeler Farm affordable housing property. The Keeler Farm project was just awarded CPA funds at the 2016 Town Meeting at a cost of $185,000. She is proposing to utilize Lexington's HOME funds in the amount of approximately $70,000. If the Board supports it, the RHSO will complete the requested administrative activities and return to the Selectmen so that the funds can be committed by the Consortium deadline of June 30, 2016. The Board supports using HOME funds for the Keeler Farm project. The RHSO will complete the necessary work and return to a Selectmen's meeting for a hearing. Article Presentations /Discussion/Positions Article 10p — Parking Meter Replacement — Phase 2 Ms. Tintocalis reviewed the Article 10p — Parking Meter Replacement — Phase 2. Last year the Town Meeting approved meters for 119 spaces (83 on Massachusetts Avenue, 16 on Waltham Street, 11 on Meriam Street and 9 in Depot Square. The credit card usage has increased and 15 minute courtesy feedback has been positive. Police Chief Corr stated that the parking meter program is part of a bigger program. It has been 5 -6 weeks but compliance has increased. 69 -396 Selectmen Meeting — April 11, 2016 Businesses are taking advantage of the outer lots and free spaces. This is an opportunity to bring technology forward to build on the current enthusiasm. To retrofit the old meters would take all summer and then would require more frequent emptying of coins. Article 2 — Town -wide Process for Safety (Article 45 of the 2015 Annual Town Meeting) Ms. Ciccolo reviewed the Article 2 presentation on 2015 Article 45 - Town Wide Process for Safety. The plan of action includes: administrative changes and policy adoption, committee coordination, data collection and information sharing and funding. Administrative changes include dissolving the Traffic Safety Advisory Committee in October 2014 and replacing it with a Town Manager working group, Transportation Safety Group. In addition, on June 17, 2014, the School Committee approved the Traffic Safety and Mitigation Policy and on March 7, 2016, the Selectmen adopted the Complete Streets Policy. Center Streetscape Design Review Ad Hoc Committee Mr. Pato explained that each Committee was to send two names to the Selectmen and each Selectmen was to provide one name back to Ms. Pease. Tourism Committee has not provided the necessary names so that appointment will wait until later. Upon motion duly made and seconded, it was voted 5 -0 to approve the Center Streetscape Design Review Ad Hoc Committee charge. Upon motion duly made and seconded, it was voted 5 -0 to designate the members of the Center Streetscape Design Review Ad Hoc as Special Municipal Employees. Upon motion duly made and seconded, it was voted 5 -0 to appoint: Peggy Enders (Bicycle Advisory Committee) Pam Shadley (Center Committee) Victoria Buckley (Commission on Disability) Timothy Lee (Design Advisory Committee) Anne Eccles (Historic Districts Commission) Wendall Kalsow (Historical Commission) Nancy Corcoran- Ronchetti (Planning Board) John Frey (Tree Committee) and the following Liaisons: Beth Masterman (Appropriation Committee) Wendy Manz (Capital Expenditures Committee) Ada Wong (Chamber of Commerce) David Wells (Historical Society) Meg Himmel (Field and Garden Club) Eric Michelson (Retailers Association) 69 -397 Selectmen Meeting — April 11, 2016 Consent Agenda Water and Sewer Adjustments Upon motion duly made and seconded, it was voted 5 -0 to approve the following: Adjustments to Water and Sewer as recommended by WSAB 3/17/16 ($60,042.92) Proclamation — National Public Works Week Upon motion duly made and seconded, it was voted 5 -0 to sign a proclamation for National Public Works Week, May 15 to 21, 2016. Proclamation — National Public Safety Telecommunicator's Week Upon motion duly made and seconded, it was voted 5 -0 to sign a proclamation for National Public Safety Telecommunicator's Week, April 10 to 16, 2016. Use of the Battle Green — Old Guard Performance Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Town Celebrations Committee to have the Old Guard to perform on the Battle Green on Monday, April 18, at 12:00 noon. Executive Session Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session under Exemption 6, to consider the purchase, exchange, lease or value of real property (Belmont Country Club parcel in Lexington and 20 Pelham Road) 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 4 -0 by to adjourn at 7:26 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 69 -398 Selectmen's Meeting April 13, 2016 A meeting of the Board of Selectmen was held on Wednesday, April 13, 2016, at 6:00 p.m. in the Selectmen's Meeting Room. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comments Mr. Nyles Barnert, Precinct 4 Town Meeting Member, would like the Selectmen to talk to the Center Streetscape consultants about evaluating two issues. The Woburn Street /Mass. Ave. decision should consider mitigation. People on Winthrop Road would like a solution that has the best chance of mitigation. Also, he proposed a 4 -way stop sign at the intersection of Harrington Road and Bedford Street, so that people are much more cautious in order to reduce accidents. Mr. Pato stated that he will convey his request and some of the questions have already been posed. Selectmen Concerns and Liaison Reports Mr. Pato stated that he gave the Board a draft of a letter to submit to the Lexington Minuteman. It is on the agenda for tomorrow night. If there are any comments, they can be sent to Mr. Cohen or Mr. Pato. Tomorrow night they will have a 2nd letter because they will have had an opportunity to discuss the tax policy and debt exclusion question. Mr. Pato is looking for endorsements of both letters tomorrow night. Approve Parklet on Massachusetts Avenue Mr. Valente stated that for the past three years, the Town has installed a parklet near the Ride Studio Cafe. They are required to come before the Board each year to have it approved. Upon motion duly made and seconded, it was voted 5 — 0 to authorize the installation of the Massachusetts Avenue parklet from May 15 to October 30, in two parking spaces in the vicinity of the Ride Studio Cafe. First Steps for Gun Resolution Response Planning Mr. Pato wants to have an inclusive process and requests that a second member of the Board join him in preparing an initial plan for responding to the request. The plan would consist of three phases: 1) Information Gathering; 2) Process Development; 3) Community Conversations. The first phase of information gathering includes how to have the inclusive process that proceeds to a resolution without preconceived outcomes. This would identify how to engage facilitators, how to engage and identify key stakeholders and how to keep the conversation moving toward a good outcome. 69-399 Selectmen's Meeting - April 13, 2016 Ms. Barry asked how many members there would be. Mr. Pato responded that he is just looking for two members of the Board for the information gathering. Mr. Cohen stated that he would like to make sure that he hopes they do not have to appoint a committee. The League of Woman Voters volunteered to take charge of this so if we are not having them do so, we should let them know. Mr. Pato stated that he has been in contact with the League and they are aware of what he is proposing. Ms. Ciccolo stated that she likes the idea but also thinks that if other committees want to be involved, they should be able to. Mr. Pato responded that he encouraged the League to proceed as they seem fit but he feels that this should involve multiple committees. Ms. Ciccolo stated that she will assist Mr. Pato in the further discussion. Review Draft of Brookhaven Memorandum of Agreement Mr. Cohen had a conflict so left the room. Mr. Valente presented the agenda item: A request by Brookhaven to extend the zoning bylaw so they can extend their facility on Waltham Street. They need to work on the non - zoning aspects of the plan. There are two main components: The first issue is tax status. Since 1986, Brookhaven has done a payment in lieu of taxes to the Town and since that time there has been various court cases on the type of facilities that are exempt from taxes and so one of the issues they are discussing is to have the Board of Assessors determine if they are tax - exempt. The second issue is Brookhaven's proposal to contribute to affordable housing. They have had many meetings with Brookhaven and at the last meeting they stated that they felt in order for this project to go forward, they would like to keep the tax - exempt status and continue to make the payments in lieu of taxes. Their proposal for the affordable housing is to either contribute $50,000 per year for four years or contribute $25,000 per year for ten years. The project is not a definite go yet until they get through Conservation. They are looking for some direction from the Board moving forward. Mr. Pato stated that they are joined by the Planning Board now as a joint meeting. Mr. Kelley asked Mr. Valente if the tax question is going before the Board of Assessors. Mr. Valente responded that it is not an issue for the Board of Selectmen to be looking at and will be an issue for the Board of Assessors to look at regardless of the Board's decision, since organizations are required to go before the Board of Assessor's each year. Mr. Kelley responded that the Selectmen need to focus on the affordable housing issue. Mr. Valente stated that Brookhaven's position is that they will not move forward with the project if they are given a tax status. Mr. Pato stated that it is not for the Board of Selectmen to determine if they meet the law. Mr. Kelley stated that with respect to affordable housing, the Planning Department will have input. 69 -400 Selectmen's Meeting - April 13, 2016 Mr. Hornig, the Planning Board, stated that they have discussed this without having discussions with Brookhaven. Typically with a private development of this size, they would expect to see 8 affordable units created. They are flexible with how they are created and assume they may not be done in kind as is usually asked. As a result, they were looking for full cost recovery of the creation of 8 units with the cost estimated at $2 million. The Board would be open to them constructing the units onsite or offsite but they would like to see the 8 units. Mr. Pato stated that they are looking for more input from the Planning Department. Brookhaven provides a healthy living experience for our senior citizens so it is not just another housing development, but with respect to pure numbers and 40B, it is another housing development and increases our denominator. Mr. Pato views it as providing a social good but it leaves us with a potential liability. His understanding is that there is no land available on the site. Mr. Valente responded that there is no land available due to conservation issues. Mr. Hornig asked if this would be a contingency to the memorandum of agreement. Mr. Valente stated that the memorandum of agreement would be signed first because once they get Town Meeting approval, then it moves forward with the conservation process Mr. Hornig asked if once it moves through the conservation process, would the contingency be satisfied? Mr. Valente stated that is his understanding. Mr. Kelley stated that it has been filed as an RD. They have something before Town Meeting that if it passes, then it would stay with an RD. Mr. Kelley stated that the numerator should be satisfied. Mr. Hornig stated that the figure he gave is based on the most recent LexHAB project. It came to about $1 million in costs to construct 3 units. So looking at 8 units, they scaled it up. Mr. Kelley stated that that does not seem right and he does not think it is a fair way to come up with the cost. Mr. Pato stated that the number does not seem right and they have cause to consider this using a different formula since it is not a conventional housing facility. Ms. Barry stated that this is on the schedule for April 25. Mr. Pato stated that they may need to continue this to May 9. Mr. Kelley stated that he would like to volunteer to figure out the formula but would like another selectmen to sit with him and Aaron Henry, the Planning Director. Ms. Ciccolo stated that we have a negotiating team that is sitting down with Brookhaven so any input can be given to the Town Manager or Mr. Henry. Mr. Hornig stated that that may be a valuable exercise to go through but he still thinks there will be a need to go through a compromise on the number. Mr. Pato stated that he agrees but the Town will need to know the kind of housing and why the Town would be interested in a compromise. Mr. David Kanter, Precinct 7, Town Meeting Member, stated that he thinks it essential that the normal allocation of units be achieved so the Town -wide liability of 40B is not jeopardized. Ms. Ciccolo asked Mr. Valente to consider speaking with the Department of Revenue or other agencies to see if Brookhaven would be eligible to qualify as an assisted living facility so that they would not fall under the Town's denominator. 69 -401 Selectmen's Meeting - April 13, 2016 Mr. Pato stated that he expects this will not be ready for the next meeting on the 25t. Mr. Hornig stated that they should know if this will be indefmitely postponed before Town Meeting. Article Presentations /Discussion/Positions 1. Article 25 Amend FY 2016 Operating, Enterprise and CPA Budgets Mr. Rob Adelson presented the article, which would be an adjustment to the current FY 2016 budget. Under that article, they are needing the Board to consider a supplemental appropriation in the amount of $33,600.00 to the Town Clerk's budget to address costs not anticipated in the original budget, such as additional election costs. If they are amenable to that, they have already prepared the motion. Article 26 is to request supplemental appropriation to provide supplemental funding for capital projects that have been approved at prior Town Meetings. They found that the budget was inadequate to fund the bids that they received in this current year. They are recommending that Article 26 be indefinitely postponed. The Board unanimously approved both articles. 2. Article 2 — Tourism Committee Report They were not able to come tonight but are expected at the April 25 meeting. 3. Discussion of Articles before Town meeting as needed Ms. Barry stated that when they meet on April 25, they have STM4 on the agenda and the Board has not taken any positions. Mr. Pato stated that the Belmont article is moved to May 9, if it proceeds. Upon motion duly made and seconded, it was voted 5 — 0 on the Minuteman issue. The easement for the bus stop — 5 yes; Country Club will wait because they have not worked out the details; the changing of the number of membership for Capital is a request from the moderator to accommodate the scale of work in capital for the next couple of years. Mr. Cohen stated that this is not just changing numbers so they should see if Town Council is working on that. Mr. Pato asked if the Board is in support. The feedback would be that the Board is in support and would like to see the actuals. Mr. Kanter, member of Capital Expenditure Committee, said the liberty to change the number does not dictate the actual number, so it could remain and go larger. Ms. Barry asked if it could be smaller. Ms. Hayes, the chair of the Capital Expenditures Committee, stated that the proposed language would allow the Committee to be comprised of between 5 -9 members. The charge will determine what the number is, so based on what is happening, they can moderate size as necessary. The first charge that would follow a bylaw change would be a 7 person Committee. Mr. Kelley said that the choice would be 5, 7, or 9 not 6 or 8. Mr. Cohen stated that the current bylaw talks about 5 and how long the terms are and that will all have to be changed. 69 -402 Selectmen's Meeting - April 13, 2016 Consent Agenda 1. Use of the Battle Green — Promotion Ceremony Sunday, May 7, at 1:00 p.m. for U.S. Army Colonel Michael D. Sullivan 2. Proclamation — Minuteman Cane Award to William C. "Bill" Hays 3. Proclamation for Citizen — Declare Lynne Wilson Day on April 16, 2016 4. Approve One -Day Liquor License — Berman's Package Store to serve wine and beer for Revolutionary Revelry in the Berman's parking lot on Sunday, May 29 from 1 to 4 p.m. 5. Approve One -Day Liquor License — National Heritage Museum for a music concert on May 7 and to serve wine and beer from 9:00 to 10:45 p.m. Upon motion duly made and seconded, it was voted 5 — 0 to approve the Consent Agenda. Executive Session Upon motion duly made and seconded, it was voted 5 - 0 by roll call at 6:26 p.m. to go into executive session to consider Exemption 6, the Purchase, Exchange, Lease or Value of Real Property at Belmont Country Club and 20 Pelham Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Ms. Ciccolo stated that she will only participate in the Belmont item but will recuse herself from the Pelham item. Upon motion duly made and seconded, it was voted 5 - 0 to return to open session only to adjourn. Upon motion duly made and seconded, it was voted 5 — 0 to adjourn at 7:13 p.m. A true record; Attest: Diana A. Chabot Assistant to the Executive Clerk 69 -403 Selectmen's Meeting April 14, 2016 A meeting of the Board of Selectmen was held on Wednesday, April 14, 2016, at 7:00 p.m. in Estabrook Hall, Cary Memorial Building. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley, Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Approval of Lexington Minuteman Articles There are two items for the Board to approve: 1. Refutation of Letter dated 4/7/2016 re: Center Streetscape Project There were no comments or questions from the Board on this draft letter. Mr. Pato asked the Board to consider the letter. There was a short discussion on the general scope. Upon motion duly made and seconded, it was voted 4 — 0 to approve sending a refutation letter to the Lexington Minuteman. 2. Op -ed piece to appear in the 4/28/16 issue of the Minuteman. This is a 600 -word piece addressing taxation issues and employee compensation issues that were raised in relation to the debt exclusion question to be voted on May 3. Mr. Kelley stated that he cannot comment on this because he did not read it. Mr. Pato stated he needs the authorization of the Board to submit it. Ms. Barry stated that she just sees a few edits and will get them to Mr. Pato offline. Upon motion duly made and seconded, it was voted 4 — 0 to authorize the Chairman to send an op -ed regarding taxation issues and employee compensation issues to the Lexington Minuteman. Public Meeting Regarding a Portion of the Belmont Country Club Land Located in Lexington Mr. Pato presented the agenda item. The Belmont Country Club notified the Board that it will be selling a portion of its property to the Montessori School. Because this property currently enjoys favorable property tax status, the Town has a Right of First Refusal and may purchase this parcel at the price of $1,800,000, which the Belmont Country Club and the Montessori School have negotiated. This is a public meeting to receive comments on whether the Town should exercise its Right of First Refusal. The property is on approximately 19 acres of land and is currently leased by the Montessori School. Comments will be received until April 15, 2016 and the Board will make its decision on April 25, 2016. Mr. Keith Omart, Precinct 5, Chairman of the Greenways Corridor Committee (GCC) indicated the property is an open space. Approximately 2/3 is forest and it is protecting areas of marsh. It is a goal of Across Lexington to create trails across open spaces; the GCC would like to explore use of this property for a future Across Lexington Trail. 69 -404 Selectmen's Meeting — April 14, 2016 Mr. Frank Sandy, Precinct 6 Town Meeting Member, suggested this parcel might be another possible site for the schools. There would be a lot of problems with that area for a school site. Ms. Laurel Carpenter, Precinct 2, 94 Pleasant Street, Lexington Conservation Steward, stated that the Board needs to make a determination at this meeting. Mr. Pato stated that if they do not make a decision tonight, it will be postponed to May 9. Mr. Steve Heinrich, 11 Potter Road, Precinct 3, grew up at 136 Pleasant Street. The Montessori school is in a wonderful neighborhood. He is concerned that if we do not purchase the property, it will be bought by a developer. We should work with the Montessori School to buy the property and require that it could not be sold to a developer. Mr. Sathish Gobichettypalayam, 119 Concord Ave. stated that we should work with the school to leave the land as it is. Ms. Gloria Bloom, Loring Rd., Precinct 4, agrees with Mr. Sandy's suggestion. Ms. Margaret Fitzgerald, 17 Lawrence Lane, encouraged the Town to try to buy the land. Mr. Mike Andriolo, 29 Lawrence Lane, agrees that the Town should buy the land. Mr. Bob Pressman, 22 Locust Ave. asked the Board whether they are amenable to conservation restrictions on the land. Mr. David Kanter, Precinct 7 Town Meeting Member, asked if there is sufficient time for the Board to review this. Mr. Pato stated that the timeline is what we have before us. There were no further comments from the audience. Mr. Pato thanked everyone for sharing their input.. Consent Agenda Sign 2016 Outstanding Youth of Lexington Awards Upon motion duly made and seconded, it was voted 4 — 0 to approve the Consent Agenda. Upon motion duly made and seconded, it was voted 4 — 0 to adjourn at 7:37 p.m. A true record; Attest: Diana A. Chabot Assistant to the Executive Clerk Transcribed by Jennifer Gingras 69 -405 Selectmen's Meeting — Morning Session April 25, 2016 A meeting of the Board of Selectmen was held on Wednesday, April 25, 2016, at 8:00 a.m. in Selectmen's Meeting Room. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 5 - 0 by roll call at 8:00 a.m. to go into executive session to consider the compensation review strategy for the Executive Clerk. 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 return to open session at 9:11 a.m. Article Presentations /Discussion Positions Annual Town Meeting Article 45: Brookhaven Rezoning — Memorandum of Agreement Mr. Cohen recused himself from this discussion due to a conflict. Mr. Valente stated that at the last meeting, Mr. Kelley proposed an alternative model for calculating the affordable housing mitigation payment that Brookhaven should pay as part of their zoning proposal. The Planning Director, Mr. Aaron Henry, reviewed the Agreement with the Planning Board and the comments were provided to the Selectmen. Under this methodology, this would bring the mitigation payment for eight (8) affordable houses to the $700,000 range. Ms. Ciccolo stated that they want to work with Brookhaven but the concern is that down the road there would be an issue with not having enough affordable housing units in town. That has to be balanced with our desire to help them. If the land cost piece were more in line with the actual cost that we would have to pay to purchase the land, it would be better. Mr. Pato stated that this proposal falls between what we would expect for a developer adding affordable housing units: the costs are not high. It is too low when you are trying to find new land. The price associated with what a developer has to pay in lieu of providing affordable housing units in their development: it is not a good model. For Brookhaven, they are providing a continuous care service to the community and not just creating housing: the model is too expensive. He is looking for a model that recognizes the value of the service provided to the community by Brookhaven. Ms. Ciccolo asked how the numbers relate to what they paid the last time the town had an agreement with them. Mr. Valente responded that in 2004 they paid $100,000 for affordable housing. Ms. Ciccolo asked if they were a non - profit. Mr. Valente stated that is correct. Ms. 69 -406 Selectmen's Meeting — April 25, 2016 Morning Session Ciccolo asked if there was any progress about her comment at the last meeting about Brookhaven being recognized as a hybrid form of assisted living so their houses do not count in the denominator. Mr. Valente responded no, that is a determination that is made by the census bureau. Mr. Pato stated that the fact that Brookhaven is a non -profit is not his concern. It is not the nature of the business model, it is that what they are providing is not a conventional model. Mr. Kelley stated that he has always viewed Brookhaven as housing units with benefits. We have to keep the numerator equal to the denominator and keep the same affordable housing unit percentage. He wanted a commitment with Brookhaven and the Town to look for an opportunity to bring more affordable housing units. Ms. Ciccolo stated that Mr. Kelley's statement to bring the numerator unit up is the right emphasis but removing the nursing units is an issue. She asks what the total of units is that we would have to create. Mr. Valente responded eight. Ms. Barry asked Mr. Valente about the definition about the assisted living part and if it is 7 -8 units or is it 5. Mr. Valente responded that it is a census bureau determination. If they are year - round living units, then they are part of the denominator. All 79 units would count in the denominator. The feedback from the Planning Board is that they are uncomfortable with the $700,000. Mr. Valente stated that they would like the Board to give some direction to the negotiating team about the affordable housing part. Mr. Kelley stated that the hard part is addressing the numerator. Mr. Kelley does not support the number and stated that we cannot ignore the need to adjust the numerator. Mr. Pato stated that they do not have any more land right now to do this. Ms. Ciccolo stated that her understanding is that the units are already counted in the existing growth. Mr. Kelley agreed with Ms. Ciccolo. He does not think we should set a denominator. Mr. Kelley stated that we could seek out a real estate inflation factor to add to the number. Ms. Ciccolo stated that we may not be able to develop a MOU in time for May 9. Mr. Valente stated that the Board of Assessors are hoping to take up a payment in lieu of taxes (PILOT) question in mid -May. Ms. Barry stated she was concerned this could be precedent setting and that they need more time to get the number right for the numerator and denominator. Mr. Kelley stated that he agrees and Brookhaven needs clarification on their tax - exempt status. He does not think the Board can get them an answer by May 9. Mr. Pato stated that they can ask to delay it and give them the feedback. He is comfortable with the $700,000 with inflation included but he wants justification on how to reduce the amount for 69 -407 Selectmen's Meeting – April 25, 2016 Morning Session an organization providing a service like continuing care— either by having the DHDC not count the units in the denominator or by establishing a value for the service. In addition, he is looking for how to find land for developing affordable housing. Ms. Ciccolo stated that MAPC was in the process of assisting DHDC to look at its methodology in counting assisted living as development and being more thoughtful about its classification. She asked if the Board would object to her having a conversation with them. The Board responded there would be no issue. Upon motion duly made and seconded, it was voted 5 – 0 to adjourn at 9:40 a.m. A true record; Attest: Diana A. Chabot Assistant to the Executive Clerk Transcribed by Jennifer Gingras 69 -408 Selectmen's Meeting — Evening Session April 25, 2016 A meeting of the Board of Selectmen was held on Wednesday, April 25, 2016, at 5:45 p.m. in the Selectmen's Meeting Room. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 4 - 0 by roll call at 5:45 p.m. to go into executive session to consider the compensation review strategy for the Executive Clerk. 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 4 - 0 to return to open session at 5:52 p.m. Selectmen Concerns and Liaison Reports Ms. Barry stated that Patriots' Day was celebrated last week and wanted to thank the many departments that helped make sure that weekend was a success. She also said that the Arbor Day celebration will be this Friday at 11:00 a.m. at Lincoln Field. Article Presentations /Discussion/Positions 1. Article 2 — Tourism Committee Report Ms. McKenna presented the Tourism Committee's Article 2 Presentation and handed out the Economic Development Department staff report. 2. Mr. Cohen stated that he has a number of items from Mr. Kanter on item 8.0. Mr. Pato asked if the Board is ready to take a position since they received it as they came in. Liquor License Hearing — Lexx Restaurant Lexx submitted all the paperwork to request an alteration of premises and a change of manager. Upon motion duly made and seconded, it was voted 5 — 0 to approve the application reflecting an alteration of premises and change of manager to a Common Victualler Liquor License to sell all alcohol to be drunk on the premises and issue an All Alcohol Common Victualler Liquor License to the Lexx Restaurant at 1666 Massachusetts Ave. Belmont Country Club Parcel/Montessori School/Right of First Refusal Mr. Valente presented the continued discussion regarding the Town's Right -of -First Refusal for purchase of land from the Belmont Country Club, adjacent to the Lexington Montessori School. 69 -409 Selectmen's Meeting — April 25, 2016 Evening Session Mr. Kelley stated that it is in the best interest for both parties to work together to work through conservation protection and a walking easement that works with the West Greenway Group and structure an agreement before May 9. He recommends not going forward. Mr. Cohen stated that he agrees with Mr. Kelley to not exercise this option. Ms. Barry also agreed and also stated they should work to get the trail easement. Ms. Ciccolo also agreed. Mr. Pato stated this would not be a future Lexington school site due to the wetlands in the area. Mr. David Kanter, member of the Capital Expenditures Committee, stated he was not clear on whether the Town is trying to pursue both or if just the trail easement. Mr. Pato responded that they are just looking for the easement. Upon motion duly made and seconded, it was voted 5 - 0 to not exercise its right of first refusal and continue negotiating with the Montessori School in regards to the easement. Town Manager's Appointment — Historical Commission Mr. Valente is requesting the Board's approval of the reappointment of Wendall Kalsow to the Historical Commission. Mr. Kalsow has been a member since 2007. Upon motion duly made and seconded, it was voted 5 — 0 to approve the Town Manager's appointment of Wendall Kalsow to the Historical Commission. Town Celebrations Request for Use of Battle Green and Parade — Memorial Day Celebration Mr. Pato stated that the Town Celebrations Committee has requested permission for the Memorial Day parade and ceremonies on the Battle Green for Monday, May 20, 2016. Upon motion duly made and seconded, it was voted 5 — 0 to approve the request of the Town Celebrations Committee for Memorial Day that includes a parade and ceremonies on the Battle Green, as outlined in their letter dated April 1, 2016. Purchase of Land — 20 Pelham Road and 6 Eliot Road This will be moved to Executive Session and then continued in open session. Consent Agenda 1. Water & Sewer Commitments Water and Sewer Cycle 9 for March 2016 $221,084.64 Water and Sewer Finals for March 2016 $299,771.61 2. Approve and Sign Eagle Congratulation Letters for: • William S. Conrad, Spenser P. Hobbs and Joseph D. Williams 3. Sign National Police Week/Peace Officers' Memorial Day Proclamation 4. Sign Emergency Medical Services Week Proclamation Upon motion duly made and seconded, it was voted 5 — 0 to approve the Consent Agenda. 69 -410 Selectmen's Meeting — April 25, 2016 Evening Session Upon motion duly made and seconded, it was voted 5 - 0 by roll call at 6:17 p.m. to go into executive session to continue the discussions regarding the 20 Pelham Road purchase and the related property at 6 Eliot Road. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Ms. Ciccolo stated that she will not participate in the 20 Pelham Road discussion but will participate in the discussion of 6 Eliot Road. They will reconvene in open session. The Board returned to open session at 7:13 pm. Ms. Ciccolo recused herself from the Pelham Road discussion. Exemption 6: Purchase of Land — 20 Pelham Road Mr. Pato stated that the Board intends to proceed with the acquisition of 20 Pelham Road at Town Meeting. The Board of Selectmen request that on May 9 that Special Town Meeting authorize the acquisition of 20 Pelham Road. The property provides significant opportunities for municipal and school uses. Town Meeting will be asked to authorize appropriation of $8M for the acquisition to purchase the property and engineering studies and connecting the property to the Community Center parcel. The Board of Selectmen is hopeful to negotiate a Purchase and Sale Agreement with the Armenian School Sisters, the motion will also include authority for the Town to obtain this property under an eminent domain taking. Ms. Ciccolo rejoined the Board. Article 8 — Grain Mill Alley Bike Node Mr. Pato stated that they need to discuss the proposed amendment to Article 8. Ms. Ciccolo is opposed to the Amendment. She believes the project can proceed without having the design done in advance. Mr. Cohen stated that he thought the Capital Expenditures Committee was unanimously for this amendment but after reading what Mr. Kanter presented, it seems that he is the only one supporting the amendment. This has gone through the CPC and the liaisons showed they were in favor of the part in the back and they had eliminated the front. Mr. Cohen will be voting no for the amendment. Ms. Barry and Mr. Kelley stated that they are opposed to the amendment for the same reasons Ms. Ciccolo raised. Mr. Pato stated he is opposed as well. Reducing it to just the construction in the region of the bike path was reasonable in scope and it is ready to go forward without amendment. Upon motion duly made and seconded, it was voted 5 — 0 to adjourn. A true record; Attest: Diana A. Chabot Assistant to the Executive Clerk Transcribed by Jennifer Gingras 69 -411 Selectmen's Meeting April 27, 2016 A meeting of the Board of Selectmen was held on Wednesday, April 27, 2016, at 6:00 p.m. in the Selectmen's Meeting Room. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Ciccolo mentioned she attended a session at the Mass. Dept. of Public Utilities for stakeholders in municipal coordination. They have a new commission to improve working relationships between private utilities and municipalities. There are promises for improvement moving forward. Mr. Pato mentioned that there will be a meeting on Tuesday, May 17, which will address natural gas leaks and National Grid has been invited. On Monday, May 2, the meeting agenda will have an item on proposed traffic trials at the intersections of Bedford St. and Harrington Rd., Mass. Ave. and Waltham St., and Mass. Ave. and Edison Way. The Board will make a decision on the subsequent Monday, May 9. Town Manager Report Mr. Valente updated the Board on the water main replacement project that started on Mass. Ave. last week. It goes approximately from Marrett Road eastbound to just past Pleasant Street. Public Works is replacing two (2) water mains that date back to the early 1900s. The Marrett Road to Maple Street work is going on presently. Right now they are limiting the contractor's work to start at 9 a.m. and once they are past Maple St., they will start at 7 a.m. This will go until November and they will expect to have two -way traffic open during the entire construction. They had two glitches during the first couple days and had to shut off water mains to another area. That same day, the contractor hit an unmarked gas main and National Grid had to be called to shut off the gas main and repair it. Public Works is setting up an e -mail list serve to send out e -mail updates on the project. Public Works also has a Twitter account (diginLex) to send out updates. There is also an on -site inspector (an employee of Weston & Sampson) at all times so any neighbors or abutters that have questions can speak with him. Article Presentations /Discussions /Positions Mr. Kelley asked if just the Wastewater budget and Brookhaven were the only ones left for the Annual Town Meeting. Mr. Valente responded that the negotiating team is meeting with Brookhaven on Friday morning so they will know more after that meeting. Ms. Ciccolo recused herself from the discussion on the 20 Pelham Road property since her parents own property that abuts it. 69 -412 Selectmen's Meeting — April 27, 2016 Mr. Pato provided the Board his response to the Capital Expenditures Committee in response to the Committee's request for information. They were looking for documents over the past 9 months in regards to the Pelham purchase. The Board has not made a commitment yet as to the use of the property; the response is a reflection of the discussions the Board has had. Mr. Pato wants to discuss who from the Board they can assign the task for presentation at Town Meeting. If any Board member would like to take on the discussion, they can let him know. Ms. Barry stated that she would not be interested as she is already presenting Article 12 at Town Meeting. Ms. Ciccolo will take the Brookhaven article. Belmont Country Club Parcel/Montessori School/Right of First Refusal Mr. Kelley asked if they received any additional correspondence from the Montessori School about the willingness to continue to work with the Town on a conservation protection and a walking easement. He would like something before May 9. Mr. Valente responded that Carol Kowalski, Assistant Town Manager for Development, contacted the school today and is attempting to set up a meeting and include a representative from ACROSS Lexington. Mr. Pato indicated the Right of First Refusal was completed on Monday. Discovery Day Discussion Ms. Barry stated that last year the Board participated in the event and would like to know if they will do it again and who is available. It is May 28 with a rain date of June 4. Ms. Ciccolo is happy to participate. Mr. Cohen will be out of town, but the rest of the Board will be in attendance. Ms. Barry will obtain a new banner. Board members can talk individually with citizens. Appointment — Tourism Committee The Board is being asked to appoint Mr. Jonathan Himmel to the Tourism Committee. He is up to date with his Ethics training and will be filling a vacancy. Upon motion duly made and seconded, it was voted 5 — 0 to approve the appointment of Jonathan Himmel to the Tourism Committee for a term to expire September 30, 2016. Conflict of Interest Determination: David Williams — Board of Appeals Mr. Williams filed a disclosure form of potential conflict of interest. On the form he states that he has had business dealings with an applicant to the Board of Appeals in the past but he has no ongoing or anticipated future business. Because of this, there is no actual conflict of interest and Mr. Williams' filing simply makes that clear and provides him confirmation that the Board agrees that there is no conflict. 69 -413 Selectmen's Meeting — April 27, 2016 Upon motion duly made and seconded, it was voted 5 — 0 to determine that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee. Consent Agenda Commitments and Adjustments of Water & Sewer Charges Upon motion duly made and seconded, it was voted 5 - 0 to approve the following commitments and adjustments of water and sewer charges: Commitment of Water & Sewer charges Section 1 Adjustments to Water & Sewer charges as recommended by WSAB Adjustments to Water & Sewer charges as recommended by WSAB Appoint Ralph Pecora — MWRA Advisory Board $1,757,827.55 ($32,512.03) ($17,973.68) Upon motion duly made and seconded, it was voted 5 — 0 to appoint Ralph Pecora as the Board of Selectmen's designee to the MWRA Advisory Board. Executive Session Upon motion duly made and seconded, it was voted 5 - 0 by roll call at 6:26 p.m. to go into executive session to consider the compensation review strategy for the Executive Clerk. Further, the Chaiiiiian 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 return to open session at 7:16 p.m. only to adjourn. A true record; Attest: Diana A. Chabot Assistant to the Executive Clerk Transcribed by Jennifer Gingras