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HomeMy WebLinkAbout2017-03-BOS-min 71-97 Selectmen’s Meeting March 8, 2017 A meeting of the Board of Selectmen was called to order at 7:02 p.m. on Wednesday, March 8, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Selectman Concerns Mr. Kelley reported that he and Ms. Barry had attended a meeting with members of the Tourism Committee and Town staff to discuss how to move forward with designs for a new Visitors Center. Mr. Kelley is optimistic that enough progress will be made for a project proposal to be ready for presentation in the fall. Mr. Lucente, newly elected to the Board, thanked the citizens of Lexington for their support and said he looks forward to working with Town staff, committee and boards, and his new colleagues. Ms. Barry said Selectmen liaison assignments and future BOS meeting dates will be reviewed at the upcoming Selectmen’s meeting on March 13. Ms. Barry indicated that Planning Board Chair Richard Canale has asked the Board to appoint a Selectmen to co-present Comprehensive Plan Article 7 to Town Meeting. Ms. Ciccolo agreed to play that role. Ms. Barry, on behalf of the Board of Selectmen, acknowledged custodian Chris Gaffron for his 6-year service to the Town of Lexington and wished him well in his new job. ATM 2017 Warrant Article Update—Articles 32, 39, 46 (Citizen Article) Ethan Handwerker, 17 Pine Knoll Road, the sponsor of the articles to be presented to Town Meeting, updated the Board. Article 32—Establish Cannabis Committee Mr. Handwerker proposed the establishment of an ad hoc advisory committee so there is an official process to respond to the 2016 statewide passage of adult-use of cannabis. Mr. Handwerker recommended that representatives from other Town committee and boards populate the Cannabis Committee. One of the purposes of the committee would be to provide transparency and forthright engagement in what can be considered a difficult subject. Article 39—Amend General Bylaws—Right to Farm Mr. Handwerker stated this article would establish a process by which the Town will provide information to residents about existing State laws pertaining to agriculture. The article does not, however, propose additional benefits or protections beyond those explicit in current law. 71-98 Selectmen’s Meeting – March 8, 2017 Article 46—Amend Zoning Bylaw—Chapter 135 Medical Marijuana This is a 6-part zoning article that would require a 2/3 vote in order to pass. For the first three amendments, Mr. Handwerker said he is proposing three definitions—marijuana distribution center, medical marijuana processing center, medical marijuana cultivation center— to replace two definitions currently in the bylaw that describe medical marijuana treatment centers and medical marijuana distribution center. The second three amendments are to associated zoning permitted use tables so that facilities will be sited in appropriate parts of the community. Medical marijuana distribution centers –RMDs—are non-profit and would require State licensure from the Massachusetts Department of Public Health. Mr. Handwerker said Article 46 would also limit the number of RMDs in Lexington to two rather than the three that would be permitted under State law. Ms. Barry asked Mr. Handwerker to provide proposed RMD zoning maps to the Board before Town Meeting. Mr. Handwerker said he would do so. Mr. Pato asked Mr. Handwerker to provide a list of other communities similar to Lexington that have adopted Right to Farm bylaws. Mr. Handwerker agreed to provide such a list. Mr. Lucente asked Mr. Handwerker to also provide a list enumerating other communities that have formed a Cannabis Committee, including the scope of the committees’ charges. Mr. Handwerker noted the language of Article 32 was modeled after other communities’ cannabis committees. Ms. Barry asked Mr. Valente to check to see if the Board of Health and Planning Board plan to provide opinions on these articles prior to Town Meeting and if so, the Selectmen would like to hear from them before adopting positions. Update—Hartwell Avenue/McGuire Road Intersection Project Mr. Cannon, Assistant Town Engineer, reported that the DPW met with Conservation regarding proximity of the intersection to wetlands. The design material has not changed since it was first th presented at the January 9 BOS meeting. Mr. Cannon asked the Board for direction as to which of the two designs, roundabout or light controlled (both with variations), to pursue in light of monetary cost and wetland impact. Mr. Cannon recalled the Board indicated on January 9 that the roundabout design was preferred if the cost and wetland impact differentials were not significant. Mr. Cannon said that from an engineering standpoint, the DPW does not have a preference between the proposed designs. David Kanter, Capital Expenditures, asked if the supplemental appropriation for $2.185M under Article 10L for the construction intersection is sufficient for the chosen design. Mr. Valente replied that now that the Board has reached consensus, his office will work with the DPW to hone the estimate, including contingencies. 71-99 Selectmen’s Meeting – March 8, 2017 Mr. Kanter asked how the signals at the intersection will interact with the signals at the bike path. Mr. Cannon said the design is still in the early stages but there will most likely be coordination between the two. The bike path light would act similarly to a pedestrian crossing, timed with the traffic signal. Mr. Kanter asked how the multi-use path down Hartwell will interact with the intersection project. Mr. Cannon said the path and the intersection will be integrated. The Board expressed support of signalized option #3 out of the designs that were presented. Update on Exempt Debt Financing Model Ms. Ciccolo was recused due to matters relating to 20 Pelham Road. Mr. Valente and Ms. Kosnoff, Assistant Town Manager for Finance, presented changes to the excluded debt financing model for upcoming Capital projects: Hastings School, Lexington Children’s Place, purchases of 20 Pelham Road and 173 Bedford Street and the fire station renovations including modifications to the interim swing space. The LHS HVAC project has been dropped since the last update and the purchase price for the Pelham property has been added, increasing the anticipated exempt debt total from $93,950,000 to $103,936,000 (or by about 10%). The budget the Selectmen have recommended to Town Meeting would increase the Capital Stabilization Fund by $7.8M which can be used to mitigate debt impact to the taxpayers. Based on the supposition that close to $8M will be added to the fund, Ms. Kosnoff has revised the ten-year the impact analysis: Based on a median home value of $831,000 and use of the Capital Stabilization Fund, taxpayer impact would range from $321 to $451 or 2.1% to 3.4% annually in the ten-year period from FY18 to FY26. The yearly drawdown from the $28,160,585 Capital Stabilization Fund between FY18 and FY23 for Exempted Debt mitigation is projected to be as low as $2,200,000 in FY23 and as high as $6,400,000 in FY20. Mr. Kelley asked about revenues for the Capital Stabilization fund and how should the future Police Station project be positioned within the Capital investment landscape? Mr. Valente said two preliminary designs for the Police Station will be presented to the Selectmen at a future meeting by the project’s architects. The cost of a new station has been estimated at $19M which has been built into the debt model and taxpayer mitigation figures, even though the project will not be voted for a few years. As for the question Mr. Kelley raised about where the money for the Capital Stabilization Fund has come from, Mr. Valente said there are a number of sources. First, the Town came out of the last recession in a good position, with many of the “elastic revenues” (motor vehicle excise taxes, New Growth construction, building permits, etc.) stronger than expected. Additionally, this has been a period of low inflation. Third, pressures on the Operating Budget from either personnel or expenses have been eased because, 71-100 Selectmen’s Meeting – March 8, 2017 at the Selectmen’s direction, the Town has intentionally limited Operating Budget growth by adding only a limited number of Project Improvement Requests (PIRs) beyond maintenance of service budget bases. This action has been taken with full understanding of the number of large Capital projects on the horizon. Last, the Town’s enrollment in the State’s GIC insurance group has held employee health insurance costs down to a lower level than they would have otherwise been. Increases in cost have not been negligible but they have been far less than if the Town had not joined the GIC. Mr. Valente and Ms. Kosnoff believe it is reasonable to expect the Town will continue to be able to put funds into the Capital Stabilization Fund. Mr. Pato asked if the Town should search for alternate funding sources for some projects, like the community space in the Pelham property to be shared with LCP. Ms. Barry asked if the revised debt model has been provided to Capital Expenditures and Appropriations. Mr. Valente said the numbers will be re-checked and then passed on to these committees. He asked for the Board’s approval to present the figures to the TMMA on March 16 and also to Special Town Meeting. The Selectmen agreed the figures could be presented. David Kanter, Capital Expenditures Committee, noted there is nothing about a new high school included in the debt model. He added that he believes the amount of funding dedicated to OPEB runs contrary to the need to address Capital projects. Dawn McKenna, Chair of the Tourism Committee, asked if any of the modeling has included a new Visitors Center. Mr. Valente said it has not. Mr. Valente said the within levy mitigation Capital Stabilization Fund drawdown is as challenging as the excluded debt drawdown. If more projects are added to either within levy or excluded debt, more resources from the mitigation fund will need to be used. Or, alternatively, the more money that’s used to fund projects directly, the less that will be available to replenish the Fund. Ms. Kosnoff said all projects have been modeled using a 30-year debt window. Article Positions & Presenters ATM 2017 & STM 2017-1 Potential Consent Agenda Articles This year, there are at least four articles proposed to be bundled into a single Consent Agenda because they are considered routine and not in need of deeper discussion. Those articles are: Article 6: Appropriation for Senior Service Program; Article 11: Appropriation for Recreational Capital Projects; Article 23: Rescind Prior Bond Authorizations; and Article 26: Appropriation from Debt Service Stabilization Fund. The Capital Expenditures Committee has also proposed several more articles to be included. Mr. Pato suggested adding Article 13: Appropriation for Water System Improvements and Article 14: Appropriation for Wastewater System Improvements, saying these articles or their 71-101 Selectmen’s Meeting – March 8, 2017 equivalents are present routinely, on a yearly basis. Mr. Valente noted these two articles are also on the CEC’s list. The other Board members agreed to support inclusion of Articles 13 and 14. Ms. Barry asked whether Article 19—Getting to Net Zero—should be included since it is the second of three identical $40,000 appropriations. The other Selectmen, after discussion, supported inclusion of Article 19 in the Consent Agenda. David Kanter, Capital Expenditures Committee, asked if the Board would entertain a short discussion of the other articles recommended by CEC for inclusion: Special Town Meeting Articles 5 and Annual Town Meeting Article 22 are administrative and identical. Ms. Barry noted if STM Article 5 was put on a Consent Agenda, it would be the only article. The proposal regarding Article 5 was therefore dropped. Article 10 o & p—CPA debt and administrative budget— are obligatory and need no discussion. Article 12v—Appropriation for Municipal Capital Projects and Equipment—Transportation Mitigation—is a fixed program that comes up every year. Article 16 a, c, and f are all routine facilities maintenance articles with fixed amounts. Articles 25—Stabilization Fund will be indefinitely postponed so it could be included in Consent. Article 28—Amend FY17 Operating could be included if indefinitely postponed. Article 29—Appropriate for Authorized Capital Improvements The Board of Selectmen supported all CEC suggestions with the exception of Articles 28 and 29. Dawn McKenna, Precinct 6 Town Meeting member, suggested including Article 30—Adjust Retirement COLA Base for Retirees. Mr. Pato said he is still waiting for further information on Article 30 because the proposed increase of the COLA threshold poses a non-trivial impact to the Town budget. He therefore does not support including Article 30. Because Ms. Barry is recused on Article 30, Ms. Ciccolo stepped in to chair the discussion. She noted that the Board does not yet have a sense of its position and would therefore prefer to include Article 30 for regular consideration. Ms. Barry went through the Special and Annual Town Meeting articles one by one to record members’ votes: STM Article 2: Appropriate Design Funds for the Fire Station: yes: 5, no: 0. STM Article 3: Appropriate Design Funds for the Fire Station Swing Space: yes: 5, no: 0. 71-102 Selectmen’s Meeting – March 8, 2017 Ms. Barry will present Articles 2 & 3 together, as recommended by the Town Manager and Town Moderator. STM Article 4: Appropriate Design Funds for Lexington Children’s Place/20 Pelham Road: yes: 4, no: 0, recused: 1 (Ciccolo). Mr. Kelley will present. STM Article 5: Appropriate Bond and Note Premiums to Pay Project Costs: yes: 5, no: 0. Mr. Lucente will present. Article 4: Appropriate FY18 Operating Budget: yes: 4, no: 0, wait: 1 (Lucente). Ms. Barry will present. Article 5: Appropriate FY18 Enterprise Funds Budgets: yes: 5, no: 0. Ms. Barry will present. Article 6: Appropriate for Senior Services Program: yes: 5, no: 0. Mr. Kelley will present. Article 7: Appropriate for Town Comprehensive Plan: yes: 5, no: 0. Ms. Ciccolo will present. Article 8: Accept PEG Access and Cable-Related Funds: yes: 5, no: 0. Mr. Pato will present. Article 9: Establish and Continue Departmental Revolving Funds and Special Revenue Fund: yes: 4, no: 0, wait: 1 (Lucente). Mr. Lucente will present. Article 10, FY 2018 CPA Operating and all sub-articles: yes: 0, no: 0, wait: 5. Article 11: Appropriate for Recreational Capital Projects: yes: 5, no: 0. Article 12: Appropriate for Municipal Capital Projects and Equipment a)Center Streetscape: Indefinitely postponed Mr. Kelley asked if all the sub-articles under Article 12 will be bundled into one vote or presented separately. Mr. Valente said the items that were particularly out of the ordinary would receive a fuller description, as has been done in previous years. The Board elected to take positions on the Article 12 sub- articles at the next meeting. Article 13: Appropriation for Water System Improvements: yes: 5, no: 0. Mr. Lucente will present. Article 14: Appropriate for Wastewater System Improvements: yes: 5, no: 0. Mr. Lucente will present. Article 15: Appropriate for School Capital Projects and Equipment: yes: 0, no: 0, wait: 5. Article 16: Appropriate for Public Facilities Capital Projects: yes: 0, no: 0, wait: 5. Ms. Ciccolo noted she would be recused from sub-item j and any other sub-item that is Pelham-related. 71-103 Selectmen’s Meeting – March 8, 2017 Article 17: Appropriate for Hastings School Replacement Design: yes: 5, no: 0. Ms. Ciccolo will present. Article 18: Appropriate for Visitors Center (Citizen article): yes: 0, no: 0, wait: 5. Article 19: Appropriate for Advice and Analysis—Getting to Net Zero: yes: 4, no: 0, wait: 1 (Lucente). Mr. Pato will present. Article 20: Accept Harbell Street: yes: 0, no: 0, wait: 5. Article 21: Appropriate to Post Employment Insurance Liability Fund: yes: 4, no: 0, recused: 1 (Barry). Mr. Lucente will present. Article 22: Appropriate Bonds and Note Premiums to Pay Project Costs: yes: 5, no: 0. Mr. Lucente will present. Article 23: Rescind Prior Borrowing Authorization: yes: 5, no: 0. Mr. Kelley will present. Article 24: Establish and Appropriate to and from Specified Stabilization Funds: yes: 5, no: 0. Mr. Pato will present. Article 25: Appropriate to Stabilization Fund: yes: 5, no: 0. Ms. Ciccolo will present. Article 26: Appropriate from Debt Stabilization Fund: yes: 5, no: 0. Mr. Kelley will present. Article 27: Appropriate for Prior Years’ Unpaid Bills: yes: 0, no: 0, wait: 5. May be indefinitely postponed. Articles 28, 29, 30: yes: 0, no: 0, wait: 5. Ms. Barry will be recused from Article 30. Article 31: Resolution to Reduce the Influence of Money in Politics (Citizen Article): yes: 3, no: 0, wait: 2 (Ciccolo, Kelley). Mr. Pato will present. Article 32: Establish Cannabis Committee: yes: 3, no: 0, wait: 2 (Barry, Lucente). Ms. Ciccolo will present. Article 33, 34, 35, 36, 37, 38, 39: yes: 0, no: 0, wait: 5. Articles 40, 41, 42, 43, 44, 45, 46: yes: 0, no: 0, wait: 5. Consent Agenda Approve One-Day Liquor License—Education Francaise of Greater Boston On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request for Education Francaise of Greater Boston for a one-day alcohol license for a Gala Fundraiser to be held at Lexington’s Depot at 13 Depot Square on April 1, 2017 from 6:45 p.m. until 12:00 a.m. 71-104 Selectmen’s Meeting – March 8, 2017 Approve One-Day Liquor License—Lexington Education Foundation On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request for a one-day liquor license for the Lexington Education Foundation for a fundraiser at the Hayden Recreation Lower Field on Worthen Road on Saturday, June 10, 2017 from 7:00 p.m. until 12:00 a.m. Approve One-Day Liquor License—Lexington BBQ Festival On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request for a one-day liquor license to serve beer, wine, and cider at the Lexington Battle Green BBQ Festival on the Farmers’ Market Fairgrounds on May 19, 2017 from 5:30 p.m. until 8:00 p.m.; May 20, 2017 from 11 a.m. until 7:00 p.m. and May 21, 2017 from 12:00 p.m. until 4:00 p.m. Use of the Battle Green—Fife & Drum Tattoo On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request from the William Diamond Junior Fife and Drum Corps for permission to hold the annual Tattoo and Lexington Muster on the Battle Green on Friday, May 5, 2017 from 7:00 p.m. until 8:00 p.m., including a small parade from St. Brigid’s Parish to the Battle Green beginning approximately at 6:50 p.m. Approval will be subject to working out details with Town staff. Approve Lexington Little League Opening Day Request On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request from the Lexington Little League to hold the Annual Little League Parade on Saturday, April 29, 2017 from 8:30 a.m. until approximately 11:00 a.m. as outlined in a letter dated February 27, 2017. The Town Manager, Fire, Police, and Public Works staff have approved the plans. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to enter Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining with the Fire union and, further, to enter Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, 20 Pelham Rd and to re-convene in Open Session only to adjourn. It was declared that that an open meeting may have a detrimental effect on the bargaining and negotiating position(s) of the Town. It was noted that Ms. Barry would be recused from the Fire contract discussion and that Ms. Ciccolo would be recused from the 20 Pelham Rd. discussion. Adjourn Upon re-convening in Open Session and on motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 9:45p.m. A true record; Attest: Kim Siebert Recording Secretary 71-105 Selectmen’s Meeting March 10, 2017 A meeting of the Lexington Board of Selectmen was called to order at 8:00 a.m. on Friday, March 10, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager, Mr. Goddard, Director Public Facilities, Police Chief Corr and Ms. Katzenback Assistant to the Executive Clerk. Evaluation of 173 Bedford Street and 1575 Mass. Ave for Police Station Site Mr. McElravy, Techton Architects, presented the conceptual designs and projected costs for three building options, included pros and cons of each, as well as the conceptual design and projected cost for a temporary building space to take into consideration for the Police Station site. Option 1: Tear Down and Rebuild 1575 Massachusetts Avenue Police Facility - Probable Project Costs: $25,397,762 Pros: Maintains the known location of the police station and keeps the Town Center active. Provides improved floor to floor clearance at the lower level to better accommodate police functions. Enhances the “green” space along Massachusetts Avenue and incorporates Hosmer house into the green on a new foundation. Organizes parking more efficiently and removes excess paving that encroaches on green. Allows all police functions to be located in a structure that conforms to the current code standard for emergency services facilities. Connects to bike path, bus routes, and downtown vehicular and pedestrian traffic. Connects to alternative police response routes. Central location is where all four patrol sectors meet; including Center walking beat; routine activities and deployment will be easier to support from a central location. Lexington center has a significant number of banks (and a few other high risk businesses); close proximity to Cary Hall (town meetings & shows) and Town Offices (treasurer’s office, BOS, senior management) Better radio and fiber optic connectivity 365/24/7 access to a training / meeting room for Town Committees Public paying tickets or inquiring at Town Offices can stop at current location; Center businesses can walk to PD for permits and other business. Cons: Requires the use of a temporary facility which adds up to $5 million in additional costs New Police Station is not available until at least summer of 2021. Continues parking issues on campus. Limited future expansion potential. Size of building may offend some people 71-106 Selectmen’s Meeting – March 10, 2017 Option 2: Salvage and add on 1575 Massachusetts Avenue Police Facility - Probable Project Costs: $23,805,042 Pros: Maintains the known location of the police station and keeps the Town Center active. Reuses much of the existing police station structure and may qualify for CPA grant funding. May qualify for LEED credit for re-using structure. Enhances the “green” space along Massachusetts Avenue and incorporates Hosmer house into the green on a new foundation. Organizes parking more efficiently and removes excess paving that encroaches on green. Connects to bike path, bus routes, and downtown vehicular and pedestrian traffic. Connects to alternative police response routes. Central location is where all four patrol sectors meet; including Center walking beat; routine activities and deployment will be easier to support from a central location. Lexington center has a significant number of banks (and a few other high risk businesses); close proximity to Cary Hall (town meetings & shows) and Town Offices (treasurer’s office, BOS, senior management) Better radio and fiber optic connectivity 365/24/7 access to a training / meeting room for Town Committees Public paying tickets or inquiring at Town Offices can stop at current location; Center businesses can walk to PD for permits and other business. Cons: Requires the use of a temporary facility which adds up to $5 million in additional costs New Police Station is not available until at least summer of 2021. Continues parking issues on campus. Locates some police functions in a structure that does not meet the current code standard for emergency services facilities. Limited future expansion potential. Size of building may offend some people. Option 3: New Police Facility 173 Bedford - - Probable Project Costs: $22,130,756 Pros: Locates all police functions in a new structure that could provide additional space if desired. Provides adequate and segregated police and public parking for current and future needs. New Police Facility could be available as soon as the winter of 2020/2021. Does not require a temporary facility which could save up to $5 million. Opportunity to replace/rebuild an EOC, computer head end. Cons: The site is narrow and linear which is not an optimal arrangement for a police facility, and it limits future expansion options. 71-107 Decentralized will have adverse impact on being a “go to” community space Parking tickets, permitting, licensing, other services no longer connected to Town Offices/Center Selectmen’s Meeting – March 10, 2017 A single accident; downed tree, wire, water break could cut off Bedford Street location (intentional obstructions could be worse) Location is in a more restricted radio signal area and we will need a tower network or fiber optic connections to other repeater sites Emergency operations under final approach to Hanscom airfield; also, given prevailing westerlies, any fire plume/crash on 95 from the notorious golf course hill. Temporary Police Facility 173 Bedford Street - Probable Project Costs: $4,959,532 Ms. Ciccolo asked Chief Corr which site best meets the Police Department’s operational needs. Chief Corr stated that a centrally located police department location provides the best opportunity to connect with the community. Mr. Kelley stated he agrees with the importance of a centrally located site in order to connect with the citizens for public safety and noted the facility should be large enough to be able to store and protect all equipment. Mr. Kelley expressed concern that the estimates do not cover all costs. Ms. Barry asked if the communication issue will be addressed when the Fire Department moves to Bedford Street temporarily. Chief Corr stated the Police Department is the dispatch center for the Fire Department. Chief Corr noted as long as the dispatch center stays at 1575 Massachusetts Avenue there will not be any issues, if the dispatch center moves to Bedford Street, an antennae network or fiber optic system would need to be implemented to ensure signals are not blocked. Ms. Barry asked if renovating the existing 1575 Massachusetts Avenue site will update it to current code standards. Mr. McElravey explained the code requirements for renovated buildings versus brand new structures necessary to meet emergency service codes. Ms. Barry asked if the allocated prisoner space is suffice as designed in the temporary use of the Bedford Street building. Chief Corr explained the space is adequate to accommodate short term detention and that in the event long term detention is required, the prisoner would have to be taken to another facility. Mr. Pato asked if onsite renewables, such as rooftop solar, have been taken into consideration for all site options. Mr. McElravy provided an overview of the evaluation of solar energy for both 173 Bedford Street and 1575 Massachusetts Avenue. Mr. Adams (Historic District Committee) expressed there is general concern for sufficient parking. Ms. Barry asked if the Board is ready to take a position on this project. The Board agreed additional information is needed in order to make a determination. 71-108 Selectmen’s Meeting – March 10, 2017 Executive Session - Exemption 6 (Purchase of Real Estate): Pine Grove/Judges Road Affordable Housing On motion duly made and by roll call at 9:13 a.m., the Board of Selectmen voted 5-0 to enter into Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, Pine Grove/Judges Road Affordable Housing, and to reconvene in Open Session only to adjourn and the CPC to continue its meeting. Further, it was declared that an open meeting might have a detrimental effect on the negotiating position of the Town. Mr. Lucente stated he owns property in close proximity and he filed a 23(b)(3) form with the Clerk’s office to dispel the appearance of a conflict of interest. Adjournment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 9:40 a.m. A true record; Attest: Kim Katzenback Recording Secretary 71-109 Selectmen’s Meeting March 13, 2017 A meeting of the Lexington Board of Selectmen was called to order at 7:01 p.m. on Monday, March 13, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Public Comments Dawn McKenna, Tourism Committee Chair, thanked the Board of Selectmen and Town Manager for their support of the recent Voyages en Francophonie events. This year, the French Consul asked Lexington to host the children’s program, attended by residents from across the state. Due to the success of the program, the event will be held in Lexington again next year. The Tourism Committee is also working with Spectacle Management to augment next year’s program with a related Sunday performance. Selectmen Concerns Ms. Barry reported that a meeting was convened with Selectmen Barry and Pato, Town Manager Valente, School Committee members Ms. Jay and Ms. Steigerwald and Superintendent Czajkowski to discuss the creation of a Diversity Think Tank, based on recommendations from the Vision 20/20 Committee. A second meeting of this group will be scheduled for some time in April. Town Manager Report Claire Goodwin, Management Fellow, announced that the Vision 20/20 Committee has launched its town-wide survey which is available online or in hardcopy at the Town Office Building, st Community Center, and Cary Library and the response deadline is March 31. The purpose of the survey is to gather feedback from Lexington residents about which municipal services citizens deem most important and to help the Town improve its services. Mr. Valente said Town staff are actively preparing for tomorrow’s anticipated severe weather event. Mr. Valente stated Town Public buildings will be closed, all public meetings have been cancelled, Lexpress will not operate and trash collection will be delayed by one day. A parking th ban is in effect on public roads starting at 9:00 a.m. tomorrow, March 14, and continuing until 9:00 a.m. Wednesday, March 15 but Town lots will remain open. A Code Red message will be sent out tonight via telephone and storm-related information has also been posted on the Town website. Chief of Police Mark Corr said anyone with a Lexington phone—including households with unpublished numbers—will be contacted via the Code Red system. Those with cell phones that do not have a Lexington exchange are encouraged to sign up by visiting the Police website. Update: Bikeway Signage Project David Kucharsky, Town Planner, and Beth Isler, Toole Design, presented designs for wayfinding and regulatory signs to be placed on, or in the vicinity of, the Minuteman Bikeway. Mr. 71-110 Selectmen’s Meeting – March 13, 2017 Kucharsky provided some background of this project: Ms. Isler showed examples of different signs intended for the bikeway and stated that Toole Design proposes: 59 wayfinding signs on the full length of the path; 24 wayfinding signs off the path; 14 street signs; 20 mile markers; 57 regulatory signs (Stop, Yield, etc.); 27 current signs removed; and 31 signs re-located. The signs are intended to improve safety at path crossings to establish rights of way. Another goal of sign placement is to encourage economic development by connecting the bikeway users to amenities along the way. Mr. Kucharsky said the next steps include: advertising the bid to fabricate and install the signs; reviewing bids and awarding the contract; scheduling the work during 2017 construction season; and beginning development of kiosks and other interpretive signage. Mr. Kelley asked if the blue selected for the signs is a universal color for bike paths since Town signs are green. Ms. Barry asked how bike path users will know which town they are in. Mr. Kucharsky said there will be signs indicating town lines. Mr. Kucharsky said Public Safety recommended that ½ mile markers be installed, which the project now includes. Currently installed granite mile markers will be re-purposed. Ms. Isler said the mileage markings begin at Alewife and end in Bedford. Emergency response would know the town based on the mileage reported. Dawn McKenna, Chair of the Tourism Committee, also thanked the team for their efforts and suggested using the “Linger in Lexington” logo on the signs to help orient bikeway users. Ms. McKenna encouraged the team to coordinate with the Tourism Committee so that kiosks and interpretive signs throughout town are consistent. ATM 2017 Warrant Article Update: Article 37—Amend General By-Laws—Trees Nancy Sofen and Gerry Paul from the Tree Committee spoke about proposed amendments to the tree bylaw that deal mainly with protected large tree removal mitigation, including fees and dimensions of replacement trees. The goals are to discourage large tree removal and to provide incentives to maintain/protect tree health. Ms. Sofen noted there is currently no mitigation required if replacement trees are removed or die shortly after planting. Language to correct this oversight is proposed within the amendments. One of the key issues being addressed by the amendments is loss of tree canopy. The amendments would also provide a re-planting bonus of ½ inch for every diameter inch removed if the replacement species are selected from a list of recommended large shade trees. Species diversity— to guard against decimation by pests— is a collateral goal of the list which does not include host trees for the Asian Longhorn Beetle and the Emerald Ash Borer. 71-111 Selectmen’s Meeting – March 13, 2017 Higher payments would be mandated for choosing not to replant and replanted tree health must be maintained for 2 years after a certificate of occupancy is granted. Enforcement of the bylaw would rely of voluntary compliance and/or reporting by abutters. In the case of the removal of trees 24 inches or larger, the amendment would require mitigation of 4 times that amount, as if 96 diameter inches had been removed. The current fee for not replanting is $50/inch; the proposed fee would increase to $100/inch. Ms. Sofen said even with the increase, the mitigation amount is lower than many nearby towns with similar bylaws. The recommended motion for Article 37 includes two addenda that Ms. Sofren asked to be approved by the Selectmen so they can be included in the Tree Management Manual. Ms. Ciccolo asked how the enforcement of replanting within two months of a certificate of occupancy will be enforced. Mr. Paul said the current practice is that the Tree Warden does not approve the certificate of occupancy until trees have been replanted or the mitigation fee has been paid. Mr. Filadoro, Tree Warden, said the owner or builder would have to pay into the Tree fund or make other arrangements prior to the closing. Ms. Ciccolo asked how the list of trees was chosen and if the addenda proposed would become part of the bylaw Town Meeting would be asked to approve. Ms. Sofen said the addenda are separate and the Tree Committee can propose changes to the manual to be approved by the Selectmen without needing to seek approval from Town Meeting. The list was developed by Tree Committee members with referral to tree species being planted in Worcester, closer to the pest infestation. There are no maples, elms, or ashes on the list. Ms. Ciccolo recommended that the list be included in the addenda so it can be changed easily if other trees become susceptible or develop problems. She also expressed concern about the 4 times rule appearing in the addenda because Town Meeting might not be comfortable that this can be changed without its approval. Mr. Paul clarified that the language about replanting within 12 months is in current bylaw, not a proposed change. He added that putting changes into the Tree Manual as opposed to the Tree bylaw was done specifically to allow time for the Tree Warden to see how workable the new regulations are. If they need to be adjusted, proposals can be presented to the Selectmen rather than to Town Meeting. However, the Committee will consider Ms. Ciccolo’s comments. Mr. Pato asked for clarification regarding replacement planting mitigation, asking if removal of a 24-inch tree would require replanting 96 inches under the 4 times rule. He believes the proposed rule indicated that one inch should be replaced by one inch, unless the 24-inch threshold is crossed. Ms. Sofen thanked Mr. Pato for this clarification and said the language will be adjusted for the replanting mitigation. A resident asked if there is a way to know if a neighbor is supposed to replace trees they cut down. She lives in an area where a lot of white pine trees and beeches are being removed. Mr. 71-112 Selectmen’s Meeting – March 13, 2017 Paul replied that building permits, scanned digitally and accessible online, have trees marked for removal. The Tree Warden and the Tree Committee can also be contacted as they have running lists about tree removal. The lists are not available online. Dawn McKenna, Precinct 6 Town Meeting member, asked if the article will be proposed in one motion or in several. Ms. Sofen said the intent is to present it in one motion. Ms. McKenna recommended it be broken up. Ms. McKenna said she is concerned about the 12-month replanting stipulation and suggested the bylaw be changed to a shorter period of time. She does not believe it is fair to make a builder/owner pay the fee if they cannot wait 12 months for a certificate of occupancy. Gloria Bloom, 17 Loring Rd, suggested owners/builders who pay into the Tree Fund be allowed to reclaim their mitigation if they later offer proof of replanting. This way, the Tree Warden would not need to check back; it would be up to the owner to request the reimbursement. Ms. Barry said she believes it is premature for the Selectmen to approve the addenda before Town Meeting approves the bylaw amendments. She asked the Tree Committee to come back for those approvals after Town Meeting concludes. ATM 2017 Warrant Article Update: Article 45—Amend Zoning By-Law—Balanced Housing Development—Citizen’s Article Christopher Locher, 242 Grove Street, is a proponent for this article which proposes that Balanced Housing Development (BHD) applications be subject to Town Meeting approval before a Special Permit can be issued, just as preliminary site plans now must be approved by Town Meeting for planned developments (PRDs). Mr. Locher said the article basically constitutes a change in process in the form of requesting approval for changes to the Zoning Bylaws. Approvals and permits would be applied for and obtained separately; Town Meeting would represent one such approval but would not grant the Special Permit. Mr. Locher stated the rationale for Article 45 is that there are issues that fall outside the purview of the Planning Board and BHD offers no incentive to protect open space or to put land into conservation. The original intention was for BHD to encourage smaller footprint housing but, when analyzed, it has not resulted in more affordable housing alternatives. Quite the reverse, BHD may actually threaten Lexington’s 10% SHI by creating a larger housing inventory without compensatory affordable units. The financial incentive is significant for developers to propose balanced housing developments; increased residential density erodes the town’s character, adds to the school-age population, and impacts municipal services. Mr. Pato asked if injecting Town Meeting into the BHD process by way of zoning bylaw amendment is the goal of the article and, if so, if Town Counsel has deemed this appropriate. Mr. Valente said Counsel’s early assessment of the article was that could not be proposed as written under State law. 71-113 Selectmen’s Meeting – March 13, 2017 Mr. Locher said if this is the case, the bylaws pertaining to PRDs would also not pass muster. Mr. Valente said that, in the case of PRDs, the parcels are rezoned as part of the process, which clears the hurdle of legality. The way Article 45 is written, underlying zoning still exists. Mr. Locher said he is not sure if Town Counsel has seen the revised version of Article 45. He was initially concerned the way Article 45 was written would make Town Meeting the Special Permitting authority. The revision makes clear this would not be the case. Mr. Pato asked Mr. Locher if he could accomplish the goal by merely removing the BHD classification altogether and ask instead for property to be re-zoned under the existing PRD bylaws. Mr. Locher said he is amenable to this approach. Mr. Kelley agreed with Mr. Pato. Ms. Ciccolo said the Selectmen are awaiting an understanding of what the Planning Board will propose under Article 40—Amend Zoning Bylaw—Special Permit Residential Developments, which may do some of what Mr. Locher proposes with Article 45. She, too, is concerned that Article 45 does not seem viable as written. Mr. Pato echoed Ms. Ciccolo’s desire to wait to see what the Planning Board proposes. His understanding is that there will be provisions added to ensure a Public Benefit for higher density development which would mitigate many of the concerns expresses by Mr. Locher. Mr. Locher said he was called by the Planning Board just today. The most recent form of the bylaw is not posted correctly on the Planning website but Mr. Locher found the updated version on the Town website and was able to correct some of the acronyms and terms. Mr. Lucente said he appreciates the intent behind Article 45 because it is an issue that needs to be addressed. Ms. Barry said the Planning Board, according to Chair Richard Canale, intends to take up BHD at their next meeting on March 15. The Town Meeting Planning articles will also come before the Selectmen prior to Town Meeting at the 6:00 p.m. meeting, Wednesday, March 22. Proposed Local Acceptance Statutes from Municipal Modernization Legislation Speed Limit Regulations (Sections 193-194): David Kucharsky, TSG Town Meeting Article 36 deals with the adoption of Section 193, Mass General Law Chapter 90, Section 17C Thickly Settled or Business District. It would allow the Town to reduce the statutory speed limit from 30 mph to 25 mph. MassDOT recommends communities opt in to the legislation town-wide to avoid confusion. The revision is applicable to any Town-owned roadway that has no posted speed limits and where no speed studies have been performed. Adoption of Section 194, Mass General Law Chapter 90, Section 18B allows municipalities to establish safety zones with regulatory 20mph limits. 71-114 Selectmen’s Meeting – March 13, 2017 The Selectmen asked the Transportation Advisory Group (TSG) to review the statutes to recommend how they would be implemented if adopted. The pros of adopting a town wide speed limit of 25mph, as recommended by MassDOT, are: global acceptance; quick implementation; modest number of signs needed. The cons are:concern that drivers would not remain aware of the lower limit; perception that the lower limit is merely a symbolic gesture; potential for confusion on major entry roads with already posted limits. Opting in on a street-by-street basis also carries a list of pros and cons. Pros: increased awareness and improved effectiveness in reducing speeds where most needed; a potential tool for TSG to use to improve safety. Cons: majority of streets may meet the criteria, resulting in the need to erect signage which is costly, causes sign fatigue, and adds to visual clutter; extensive installation and maintenance required. Given the State’s recommendation and pro/con analysis, TSG recommends the statute be adopted town wide. In addition to posting “Thickly Settled District 25 mph” signs on a limited number of roadways, additional roadways would be evaluated for signage based on a set of criteria: traffic volumes, pedestrian and cyclist activity, crash history, road condition, functional classification, and whether the roadway has been accepted by the Town. To establish a 20mph Safety Zone, TSG noted that adoption of the provision would be regulatory rather than statutory and require a study by traffic engineers. MassDOT requires that a safety zone be adjacent to land uses that are likely to attract “vulnerable users” and should contain one or more areas where potential conflicts between motor vehicles and vulnerable users interact, warranting the reduction of speed. The minimum length of the Safety Zone is no less than ¼ mile and should not extend more than 500 feet beyond a side street unless applicable land use continues along the adjacent block. TSG has added a fourth criterion which takes into account the crash history involving pedestrians and cyclists. Mr. Pato asked if the provision would come back before the Selectmen after Town Meeting is over to be applied. Mr. Kucharsky said he will confirm the process. The Town is obligated to inform the State that these provisions have been adopted. Mr. Lucente asked how the Town would inform the citizens that the lower speed will be enforced. He questioned if signs at the entry points would be enough. Chief Corr said enforcement and achieving voluntary compliance is a large part of the Police Department’s job. He believes a major public education push will be needed, including using the electric sign boards, the website, and other available methods. For the beginning of the roll out, he envisions issuing warnings rather than citations. Ms. Ciccolo said, since already posted speeds will not change, lowering unposted streets to 25 mph may not achieve changes to the extent the Town would like. She cautioned citizens to set their expectations accordingly. Revolving Funds and PEG Special Revenue Fund 71-115 Selectmen’s Meeting – March 13, 2017 Town Meeting Article 38 is one of a number of articles on the warrant dealing with municipal finances, Mr. Valente said. If adopted, future Town Meetings will no longer be required to re- authorize individual Revolving Funds themselves, only specific dollar amounts. The Rental Revolving Fund must be accepted by Town Meeting but no substantive change in the way it operates is being proposed. Another Municipal Modernization acceptance refers to how the Town would handle injured-on- duty claims for Police and Fire. The new statute allows towns to appropriate funds and to be allowed to carry these funds over to the next fiscal year, rather than returning them and re- appropriating them for again next year. The last Modernization acceptance deals with the issuance of tax bills under $100. If adopted, the Town will send these bills out once a year instead of quarterly. Separately, Article 8 asks that the current PEG Revolving Fund be converted to a Special Revenue Fund. There are minor differences in how the two types of funds are administered. Dawn McKenna, Tourism Committee Chair, recommended language changes for the items listed under the Tourism Committee Revolving Fund. She asked it to be specified that both the Visitors Center and the Liberty Ride can submit Capital requests. Update: Article 28 of ATM 2016—Chapter 59 Section 2D of MGL Mr. Pato stated Article 28 was indefinitely postponed at ATM 2016 pending deeper analysis. Adopting Mass General Law Chapter 59 Section 2D would increase revenues to the Town annually by a non-trivial amount because it would cause real time tax assessments to certain built properties that increase in value over 50% in the course of a fiscal year. Current practice wait until the next fiscal year to adjust the tax bill. Mr. Pato recommends that the Selectmen rescind the 2003 Board of Selectmen’s rejection of the statute in order to adopt the provision. Action on this provision must take place in the fiscal year prior to the year in which it is applied; acting before the end of FY17 would permit application in FY18. Mr. Pato will make a brief presentation about these findings at Annual Town Meeting. Ms. Ciccolo asked if adoption requires Town Meeting approval. Mr. Pato reported only Selectmen action is needed. Mr. Kelley asked if the Assessor has been consulted. Mr. Pato said he and Ms. Bloom worked in conjunction with the Assessor’s Office. Mr. Valente said the question of administration is an open one and it has not been determined whether the new system would require additional staff. Mr. Lucente asked what the reasons were for the 2003 rejection. Mr. Kelley said, in his recollection, the rejection was due to the mismatch of time and the amount of work required to 71-116 Selectmen’s Meeting – March 13, 2017 set up a new system. Mr. Lucente said he approved of the new system but did not want to have to hire additional staff to carry it out. Gloria Bloom, 17 Loring Road, thanked all involved for their work. To avoid the element of surprise, property owners could be informed that a bill is coming. She added one reason the provision was rejected in 2003 was because there was not such a large number of teardowns then, a phenomenon that has since dramatically increased. She believes new owners expect to pay bigger residential real estate taxes because their properties have increased in value. Ms. McKenna said she was on the Board of Selectmen in 2003 and her recollection is there was a small number of teardowns at the time. She believes also that there was an impediment in State law. There was also the concern about administrative application, staffing levels in Town Hall were minimal at the time. Article Positions & Presenters ATM 2017 & STM 2017-1 Consent Agenda items were confirmed, noting some previously considered articles did not receive unanimous support from the Appropriation Committee and have therefore been pulled. Selectmen article positions still to be determined: Article 15—Appropriate for School Capital Projects and Equipment: Ciccolo yes; Kelley wait; Barry yes; Pato yes; Lucente wait. School Committee and Appropriation have not yet taken a position. Mr. Pato will present/move. Article 16—Appropriate for Public Facilities Capital Projects, items a through j: The Appropriation Committee has voted to approve all but 16b, which they have not yet voted. The School Committee has yet to take positions on any of the items. Ms. Ciccolo recused on 16e because it deals with Pelham Road and will wait on 16b and 16j. She is a yes on all others; Kelley wait on all; Barry wait on 16b and yes on all others; Pato yes on all but 16b; Lucente yes on all but wait on 16b. Mr. Kelley will present/move. Article 31—Resolution to Reduce the Influence of Money in Politics: Ciccolo remains a wait; Kelley changed wait to yes. Article 32—Establish Cannabis Committee: Lucente and Barry change from wait to no. Article 33—Amend General Bylaws—Scenic Roads: The Planning Board voted 4-0 to approve with one member recused. Ciccolo recused; Kelley wait; Barry wait; Pato wait; Lucente wait. Mr. Lucente will present. Article 35—Amend General Bylaws—NCD Technical Changes: Planning Board voted 5-0 to approve. Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Mr. Pato will present. Article 36—Amend General Bylaws—Municipal Modernization Act: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Mr. Kelley will present. 71-117 Selectmen’s Meeting – March 13, 2017 Article 37—Amend General Bylaws—Trees: Planning Board voted 4-1 in favor with Mr. Hornig dissenting. Ciccolo wait; Kelley wait; Barry wait; Pato wait for language clarification; Lucente wait. Ms. Barry will present. Article 38—Amend General Bylaws—Revolving Funds: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Mr. Lucente will present. Article 39—Amend General Bylaws—Right to Farm: Planning Board has yet to take a position. Ciccolo wait; Kelley no; Barry wait; Pato wait; Lucente wait. Ms. Ciccolo will present. Article 46—Amend Zoning Bylaw—Chapter 135 Medical Marijuana: Planning Board will move that Town Meeting strike from the Table of Uses all Ys except in zone CM. If Town Meeting approves that, then the Planning Board supports the article. Mr. Valente said there are two portions to the article and one is a definitions piece that the Planning Board supports. The other piece would extend medical marijuana clinics to all districts and the Planning Board does not support that. Ms. Barry pointed out this is not how the motion is written. Ciccolo is presently a no but would support the Planning Board’s revision; Kelley no; Barry no as written; Pato no but supports the Planning Board amendment; Lucente no. Ms. Ciccolo will present. Article 12—Appropriate for Municipal Capital Projects a through x: 12a will be indefinitely postponed. The Appropriation Committee voted 9-0 in favor of all except item q, the highway sign machine, on which they have not yet voted. Ms. Ciccolo asked if the bikeway signs could be made with the machine instead of sent out to bid. Mr. Valente will check. All except Mr. Lucente voted to approve sub-articles 12b though 12x. Mr. Lucente approved all but project o: CPA Debt Service. He would like more information. Mr. Pato will present. Article 20—Accept Harbell Street: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente wait to hear if there is feedback from opposition. Mr. Pato said he would be willing to change his mind if opposition is strong. Mr. Kelley will present. Mr. Kelley said with regard to Article 10d—Judges Road, he would like the Board to consider a different structure to address perpetual affordability. The Board will add an Executive Session on the matter on March 20. Review of Selectmen Liaison Assignments The Board reviewed the committee liaison list. Community Center Advisory, Electric Utility Ad Hoc, Grain Mill Alley (soon to be dissolved), Community Farming (soon to be dissolved), and Sister City committees were eliminated. Mr. Pato will check with Richard Canale from Planning to see if Scenic Byways is still active. Retired Selectman Cohen will retain membership on the Community Preservation Committee until June. 71-118 Selectmen’s Meeting – March 13, 2017 Ms. Barry took the Cary Library Executive Committee and LexHAB from Mr. Cohen’s list and HATS from Mr. Pato’s list. Mr. Pato will take Policy Manual from Mr. Cohen’s list. Ms. Ciccolo took Tax Deferral and Exemption, gave Youth Sports to Mr. Lucente. Mr. Lucente took Recreation from Ms. Barry, Economic Development Advisory from Mr. Kelley, Energy Conservation from Mr. Pato, and will join Ms. Barry on Community Coalition. Ms. McIntosh, Executive Clerk, will update the list and redistribute for final approval. Ms. Ciccolo drafted a liaison policy document to help guide members on the role they play. The policy is also intended to help committee chairs understand how to interact with the liaison and what to expect from Selectmen. Ms. Ciccolo noted that reexamination of committee charges continues to come up on the Selectmen’s work plan. Ms. Barry agreed that reviews should be conducted but perhaps not every year. A rotation could be established. Mr. Pato said he is glad for an articulation of minimum guidelines. His practice is to deal with committees on a case-by-case basis. He is active on some, even though he is a liaison, and on others in he merely checks in with the Chair and follows along by reading the minutes. Mr. Lucente agreed the document is a good minimum guideline and noted committees often look to the Selectman liaison for direction. He believes it is important for Selectmen to establish accessibility with committees and chairs. Mr. Lucente said it behooves the Selectmen to look at the charges with some frequency because it helps work flow and because some charges are mandated by the State. Mr. Pato said one of the recommendations the Selectmen received from Vision 20/20 was to look at committee charges and create more accessible articulations of goal and scope. He recommended each Selectman consider which of the committees on their own lists seem to be in most need and attend to them in the next year. Ms. Ciccolo agreed and added that working with committee chairs whose groups have strayed off task will help make the committees more functional and successful. Mr. Pato added that succession planning is an important component to address. Some of the committees work well because there is a successful chair but the community needs to make sure there is more than one potential leader for the group. The workload needs to be proportionally distributed and not all on the shoulders of one dedicated person. Future Board of Selectmen Meeting Dates July-December 2017 Board of Selectmen meetings were proposed for the following Monday evenings: July 17 and 31 August 14 and 28 September 11, 18, and 25 71-119 Selectmen’s Meeting – March 13, 2017 October 2, 16, and 30 November 6, 13, and 27 December 4 and 18 A weekday daytime Goal Setting meeting will be added for mid-to-late June, 8:00 a.m. to 12:00 p.m. stth Meetings were also added on May 1 and June 26 Consent Agenda Water & Sewer Commitments & Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water & Sewer commitments Special Billing BB116 ($19,928.00); Water & Sewer Commitments January 2017 Final Water Bills $3,401.72; Water & Sewer Commitments Special Billing BB1231 $7,111.32; Water & Sewer Commitments Cycle 9 January 2017 $242,973.91; and Water & Sewer Commitments as recommended by WSAB February $2,611.06. Approve Minutes & Executive Session Minutes—September 2016 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and release the minutes of September 7, September 12, September 21, September 26 and a joint meeting between the Board of Selectmen and School Committee on September 13, 2016. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve but not release the Executive Session minutes of September 12 and September 26, 2016. Approve Tax Bill Inserts Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three tax bill inserts from: the Lexington Business Directory that will be inserted in envelopes addressed to those that pay personal property tax on a business (approximately 900); the Visitor Center, inserted in all property tax bills; and the REV, inserted in all property tax bills. Approve One-Day Liquor License—Lexington Historical Society Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request for a one-day liquor license from the Lexington Historical Society for the purpose of a Conservation Evening fundraiser at the Lexington Depot on March 23, 2017 from 6:00 p.m. to 8:00 p.m. Use of the Battle Green—Historical Society Battle Re-Enactment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request from the Lexington Historical Society to use the Battle Green on April 19, 2017 for an annual children’s Battle Reenactment from 10:00 a.m. to 11:15 a.m. and from 12:30 p.m. to 1:45 p.m. 71-120 Selectmen’s Meeting – March 13, 2017 Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to enter Executive Session at 9:30 p.m. under Exemption 3 to discuss strategy with respect to collective bargaining related to Crossing Guards Union and, further, to enter Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, Community Center-Adjacent Parking Lot and Land, and to re-convene in Open Session only to adjourn. It was declared that that an open meeting may have a detrimental effect on the bargaining and negotiating position(s) of the Town. Ms. Barry will be recused from the Crossing Guard discussion and Ms. Ciccolo will be recused from portions of the Community Center parking lot discussion that deals with Pelham Road property. Adjourn Upon re-convening in Open Session and upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 10:20 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-121 Selectmen’s Meeting March 20, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Monday, March 20, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Mr. Pato reported that the 20/20 Vision Committee is conducting an every-five-year Town-wide survey that can be taken by Lexington residents online or in hardcopy format. He noted the demographic questions in the survey are included to ensure the committee is getting a representative sampling across sub-populations, compared to the Federal census, but these questions should be considered optional. Town Manager Report th Mr. Valente said the first hazardous waste collection of the year will be held on April 15 at 201 Bedford Street instead of at the Hartwell Avenue facility which is in the midst of solar panel installation. Amend Change: Economic Development Advisory Committee Mr. Valente reported that the Economic Development Committee has requested a reduction in member numbers from 11 to 9 as it has been difficult to reach a quorum with the higher number. There are currently 9 members. A typo related to the number of Selectman liaisons will be corrected to read “two” rather the “one.” Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to amend the charge of the Economic Development Advisory Committee, reducing the number of members from 11 to 9. Class II Auto Dealer—Corporate Name Change Mr. Lucente was recused from this discussion due to a family relationship with the owner of the company. Ms. Barry stated that Lexington Auto Sales LLC has submitted all the necessary paperwork needed to request reconsideration of their previous application to renew their dealer license effective January 1, 2017. The application was returned by the State of Massachusetts as the corporation name (Lexington Auto Sales, LLC) did not match the name on the license renewal (Lexington Auto Sales). Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the application reflecting the change of corporate name and reissue a Class II Dealer License to Lexington Auto Sales, LLC, located at 542 Massachusetts Avenue. 71-122 Selectmen’s Meeting – March 20, 2017 Approve Common Victualler License for Dunkin’ Donuts The Board has received a completed application from Dunkin Donuts for a Common Victualler License, located at 277 Bedford Street. Requested hours of operation are Monday-Sunday, 5:00 a.m. to 10:00 p.m. Mr. Kelley said he assumes the application has received the required Special Permit from the ZBA but he wonders if the hours of operation were granted within the terms of the Special Permit or if the Board of Selectmen, as the license issuer, can name the hours. The closing hour of 10:00 p.m. seems to be later than might be desired by the neighborhood. Mr. Valente said the Selectmen are the appropriate authority and can determine the hours. Ms. Ciccolo asked if license renewal will occur every year, thus giving the Board the opportunity to change hours of operation if problems occur. Mr. Valente confirmed the license is on an annual renewal cycle. Mr. Pato noted this Dunkin’ Donuts is attached to a gas station which presumably keeps the same hours. Mr. Lucente said the neighbors should be informed of the hours so that they won’t be caught off- guard when delivery trucks start backing up in the parking lot at 5:00 a.m. Mr. Kelley said the ZBA, in the Special Permitting process, would have notified abutters, giving neighbors the opportunity to attend the hearing, ask questions, and express concerns. If the business was granted the Special Permit, it is entitled to the license. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a Common Victualler License for Dunkin’ Donuts, 277 Bedford St, with the hours as proposed. Selectmen Liaison Member/Committee Update th At the last meeting on March 13, the Selectmen reviewed the Board’s committee liaison assignments. It was discovered that two committees—the Policy Manual Committee and the Fund for Lexington—have 6 members listed in their charges rather than a preferred odd number; Ms. Barry asked if her colleagues agree the number should be raised to 7. She asked further if her colleagues agree that the Policy Manual Committee should have two current, sitting Selectmen listed in the charge instead of one. Ms. Barry said the amended language of the charge will brought back before the Board at a later date. Article Positions & Presenters ATM 2017 & STM 2017-1 Ms. Barry noted that the Article 5 text will be at the Selectmen’s places at tonight’s Town Meeting. 71-123 Selectmen’s Meeting – March 20, 2017 The strategy for the evening is to open the meeting and complete Special Town Meeting-1, then begin the Annual Town Meeting by addressing Article 3— Cary Lecture. The next article to be taken up—Article 37—Amend General Bylaws—Trees— was postponed because of staff concerns and the need for the Selectmen to re-visit article before it is presented. Ms. Barry penciled in the discussion of Article 37 for the Wednesday, March 29 and asked that relevant staff be asked to attend. The remainder of the night’s agenda will cover articles 35—Amend General Bylaws—NCD Technical Changes; 36—Amend General Bylaws—Municipal Modernization Act; and 38— Amend General Bylaws—Revolving Funds, according to the latest from the Town Moderator. Ms. Barry asked her colleagues if anyone wanted to update a previous vote on any of the articles. Ms. Barry changed her “yes” vote on Article 36 to “recuse” because one of the subsections deals with Police officer payment if injured and her husband is a Police Officer. She asked presenter Mr. Kelley to amend the Selectmen’s vote from “5 in favor” to “4 in favor and one recusal”. Ms. Ciccolo had been a “wait” on Article 31, in anticipation of receiving a revised copy of the motion. Mr. Valente said the motions should be at the Selectmen’s places at Cary Hall. Ms. Ciccolo said her vote could be changed to “yes” but she would like to see the revised article from the petitioner before the Wednesday vote. Ms. Barry changed the Selectmen’s votes on Article 31 to “5 in favor”. Ms. Barry noted that Mr. Kelley is the only Selectman to so far take a position on Article 39— Right to Farm. Mr. Pato has not received the information he requested about what other communities similar to Lexington have done about the issue. In the absence of that information, he leans toward a “no” vote but will wait to make it official in the hope of receiving the information. Ms. Ciccolo asked if the Planning Board has weighed in on Right to Farm. Since the Planning Board will present its articles to the Selectmen March 22, the Board opted to wait to hear from Planning before taking positions. This Wednesday, Town Meeting will take up anything not finished tonight and then Article 2— Elect the Deputy Moderator, Article 31—Resolution on Money in Politics; Article 32—Establish Cannabis Committee; Article 39—Right to Farm; and Article 46—Amend Zoning Bylaw— Chapter 135 Medical Marijuana. If all of these articles are completed, Mr. Valente will begin his Town Manager’s Report on Wednesday as well. The ATM Consent agenda will be addressed on Monday of next week. Mr. Valente added that he will deliver a report on Capital Financing and use of the Capital Stabilization Fund tonight during the STM portion of the proceedings. Ms. Barry noted that the totals have changed slightly; Mr. Valente said the updated figures are also at the Board’s places in Cary Hall. 71-124 Selectmen’s Meeting – March 20, 2017 Consent Agenda Water & Sewer Commitments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water & Sewer Commitments Cycle 9 November 2016 for $212,402.04; Water & Sewer Commitments Special Billing January 2017 for $17,560.51; Water and Sewer Commitments Finals February 2017 for $4,504.48; and Water & Sewer Commitments Miscellaneous Required Adjustments for $113.44. Approve and Sign Letter of Appreciation—Town Meeting Members Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a letter of appreciation to the following former Town Meeting members who were not re-elected or chose not to run in the 2017 election cycle. The letter offers the appreciation of the Board for their service to the Town and extends the opportunity to continue to serve on a board or committee or some other way: Suzanne Abair, Diane Bigelow, David Burns, Lawrence Chan, Joel Herda, Iang Jeon, David Kaufman, Kenneth Kreutzinger, Paul Minutti, Sharmila Mudgal, Michael O’Sullivan, Judith Pappo, Paul Rubin, Kimberly Ryan, Carol Sampson, Thomas Wanderer, David Williams, and Jeri Zeder. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to enter Executive Session at 6:50 p.m. under Exemption 6 to consider the purchase, exchange, lease or value of real property, Community Center-Adjacent Parking Lot and Land, and to re-convene in Open Session only to adjourn. It was declared that that an open meeting may have a detrimental effect on the negotiating position of the Town. Adjourn Upon re-convening in Open Session and upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 7:15 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-125 Selectmen’s Meeting March 22, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Wednesday March 22, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Mr. Pato stated he met with members of the community regarding questions about particular demographic questions in the Vision 20/20 survey. The meeting was organized by members of the Chinese American Association of Lexington (CAAL) and a subset of the Vision 20/20 Committee. He noted an email was sent to the Selectmen from the Chair of the survey subcommittee, Mr. Enrich. Mr. Pato said the Town Moderator has asked him to provide an update on last year’s Town Meeting gun article and the supplemental tax model. Mr. Pato noted he sent the Moderator a draft of the update with only slight edits from what he presented recently to the Board of Selectmen. There have been no substantive changes. Article 30—Review by Appropriation Committee Ms. Barry was recused from the discussion as her husband is a Town employee. Ms. Ciccolo assumed the role of Chair. Ms. Ciccolo said the Selectmen requested a review of Article 30 by the Appropriation Committee. The article was submitted by the Retirement Board and asks Town Meeting to approve a $1,000 increase in the COLA base from $13,000 to $14,000. The base was increased two years ago from $12,000 to $13,000. John Bartenstein, Chair of Appropriation, delivered the review, saying the matter is a complicated yet important one because projections show significant budget impact in FY23 and FY24. The goal of the review was to understand why that would happen and what it means. Mr. Bartenstein said the majority of committee members felt the Selectmen, working with the Town Manager, should be able to determine all aspects of compensation as a complete package with components that are inter-related. However, Mr. Bartenstein said the Appropriation Committee is alright with the arrangement as long as the Selectmen remember the COLA base is an element of the bigger compensation picture. The proposed increase adds about $100,000 a year to the cost of the pension level for current employees. The increase also has an estimated $1M impact on OPEB, although Mr. Bartenstein said the actuarial studies are somewhat confusing. The concern at hand is the way the impact was structured by the Retirement Board. The unfunded liability was basically back-loaded, Mr. Bartenstein said, so the costs hits in FY23 when OPEB amortization increases by $330,000 and by $1,886,000 in FY24. 71-126 Selectmen’s Meeting – March 22, 2017 Through discussion with the Town Manager, Mr. Bartenstein said he is happy to learn there is flexibility in how to move forward. Mr. Valente is concerned that the one of the effects of deferring payments against OPEB liability is that interest accrued by those payments is also deferred. This year’s pension retirement is already fixed but future actions can be discussed. Mr. Bartenstein noted an Appropriation Committee minority opinion opposes granting the increase at Town Meeting. The majority, however, feels COLA to be important and believes the Town, as an employer, should match consumer adjustment increases. Ms. Ciccolo said Appropriation’s report was comprehensive and she appreciated the work that went into it. Mr. Valente said the matter is scheduled to come up at ATM17 on Wednesday, March 29. Mr. Kelley asked if the 5-member Retirement Board was unanimous in approving the request. Mr. Bartenstein said he asked for the minutes of the meeting at which the vote was taken but has not yet received them. Mr. Pato said he appreciates the work Appropriation has done and wants to take time to consider the findings before the Selectmen take positions on the article. Ms. Barry returned to the meeting. Application for Common Victualler License—Great Harvest Bread Ms. Barry said all license application requirements have been fulfilled by K & N Food Services, doing business as Great Harvest Bread Co, 233 Mass. Ave. Ms. Ciccolo asked Mr. Valente about the status of a crosswalk across Massachusetts Ave. requested by Great Harvest. Mr. Valente had no news to report other than the business is also hoping for a connection to the bikeway, which Ms. Tintocalis is working on. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a Common Victualler License for Great Harvest, 233 Massachusetts Avenue for the hours of Monday through Friday 7:30 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 5:00 p.m. Article Positions & Presenters ATM 2017 & STM 20017-1 Town Meeting will take up articles 31, 32, 39, and 46 tonight. Ms. Barry noted that Mr. Kelley is the only Selectmen to have voted so far on Article 39—Right to Farm. Like Mr. Kelley, Ms. Ciccolo, Ms. Barry and Mr. Lucente also voted “no; Mr. Pato said he had deferred his vote pending receipt of information he requested but, since he still has not received it, he also voted “no”. Ms. Ciccolo will present the article. 71-127 Selectmen’s Meeting – March 22, 2017 Update—Zoning Articles for ATM 2017—Planning Board to join Board of Selectmen’s Meeting Before moving on to the Article reviews, it was determined that the next joint meeting of the Planning Board and Board of Selectmen would take place Wednesday, March 29 at 8:00 a.m. The Selectmen’s office will post the meeting. Planning Board members Mr. Canale, Mr. Hornig, Ms. Corcoran-Ronchetti, Ms. Johnson were present. Mr. Creech is out of town. Planning Director Henry and Planner Fields were also present. Mr. Canale said the board is still working on some of the articles and will have to give Selectmen “live updates”. Article 46—Medical Marijuana—will come up tonight. Article 33—Scenic Roads Mr. Canale and Ms. Ciccolo are both residents of streets under consideration and were therefore recused. In Mr. Canale’s absence, Ms. Johnson presented, saying that the Scenic Roads initiative is one of the follow up steps that came from the 2006 Freedom’s Way Landscape Inventory. It is a way to document and protect historic roads under Commonwealth General Law, Chapter 40, Section 15c. Scenic Road protection applies only to trees and stone walls in the road’s right of way. The designation can only be made to roads that are accepted by the Town. The motion reflects what the regulation would state: in the interest of protecting scenic roads as designated by the Town, property owners must meet with the Planning Board to review changes to tree canopy and stone walls within the right of way. Changes are possible but should be done in a manner sensitive to the historic road. Fines for offenses range from $100 for a first offense to $300 for third and subsequent offenses. Ms. Barry asked how a street would become designated. Ms. Johnson said everyone living on the currently proposed streets has been notified that their street under consideration. Generally, residents have been supportive, although some residents on Shade St. expressed concern. Ms. Johnson said in the future, particularly with the Comprehensive Plan, residents will be able to submit suggestions for the Scenic Roads list. The Planning Board and/or a group of ten residents can nominate a road that meets eligibility requirements. The Planning Board notifies abutters when their street becomes a candidate. Mr. Pato said the list of Scenic Roads in enumerated in the bylaw so the only way the list can expand is by Town Meeting vote. He said there should be a provision for informing new residents that their street is a Scenic Road. Article 34—Blasting Prohibition 71-128 Selectmen’s Meeting – March 22, 2017 Mr. Canale said this article is a continuation of what Planning has done with past residential policy articles. Recent house building requiring removal of ledge, grading changes, and excessively high retaining walls has caused resident outcry; the Planning Board has been trying to address these problems and may return to Town Meeting next year with subsequent articles to deal with associated development challenges. Now that the town is almost entirely “built out” and dwellings are close together, particularly in the RS district, the impact of blasting is excessive and risky, affecting both topography and subsurface. Ms. Johnson said the motion proposed prohibits blasting unless authorized by the Board of Selectmen as being “in the public interest” (such as utility projects, public building construction, etc.) Ms. Barry asked if Town Counsel has seen the latest version of the motion. Mr. Henry said Counsel has not seen the motion as it now reads. Mr. Kelley said he would not like to see blasting removed entirely as an option because it is sometimes more appropriate than other methods. Regulations that govern blasting, administered by the Fire Marshall, include important safeguards. Mr. Pato said the members of the Economic Development Committee unanimously expressed concern about this article and would prefer that it not go forward. Mr. Pato stated he finds the language about the public interest to be vague and prone to being read in at least two ways. Mr. Lucente said his main concern is with what alternate methods might be used in lieu of blasting. Mr. Canale said the Planning Board felt constituents were calling for action that would curtail blasting. He agreed the solution is not easy. He asked if the Selectmen would form a subgroup with Planning to examine the issues. Ms. Barry said the Board would entertain the request. David Kanter, Precinct 7 Town Meeting member, said he believed that basing the article on anything but measurable technical consequences would be too arbitrary. The idea of exempting municipal projects from a ban is a slippery slope. Article 40—Amend Zoning Bylaw Special Permit Residential Development Mr. Canale said this article has taken the most Board time and garnered the most interest from residents. There are two main ways Planning has now to approve residential development: by conventional, by-right zoning statutes and by Special Permit. Planning now discourages conventional, so-called cookie cutter development because it does not make the best use of remaining developable land. With Special Permit balanced housing (BHD), developers can get a “density bonus” which is intended to have less of an impact on abutters and town resources. However, Mr. Canale acknowledged that the BHD process is flawed. Proposals have not been what the Board envisioned. Planning would like to turn the process around so that developers 71-129 Selectmen’s Meeting – March 22, 2017 work collaboratively with the Board from the beginning of the project, rather than present fully- conceived plans that the Board then reacts to. Mr. Canale said increasing the number of smaller units is a goal as well. If more units are constructed, 11.5% of them would be designated as affordable. The article would allow the current minimum square footage to be reduced to a smaller number which the Planning Board hopes will result in the creation of more workforce housing; currently, even the smallest new construction units are being sold for $1M, beyond the reach of many. Mr. Canale noted the Board is still discussing how small the footprint can go and how great the density can be, but they are in agreement with changing the process. Ms. Ciccolo said she will reserve judgement on the article until she sees the details. In an effort to save historic homes on properties being developed, she asked that language be considered to exempt historic homes from the Gross Floor Area equation. Mr. Canale agreed that Planning wants to preserve stately homes. Ms. Ciccolo said the addition of the word “new” would make this clarification. Ms. Ciccolo noted there was no mention of interior pathways becoming public connections. Mr. Canale believes there is general agreement among Planning members that a phrase should be added so that Planning can designate land as open to the public. Mr. Kelley asked if BHD was not an option, are there other site-sensitive strategies to encourage development that achieves Town goals. Mr. Canale said cluster housing is an option but the advent of Gross Floor Area has complicated that style of development. Mr. Pato said the proposed article goes in the right direction but he would like to see the affordable housing factor of 11.5% raised, based on increased density. He questioned the Minimum Percentage less than 2,700 SF in the Table under Section 6.9.2. Mr. Canale said the percentage of affordable units in a given subdivision required to be less than 2,700 SF includes the percentage required to be under 2,100 SF. Mr. Pato also questioned percentages in the Table that were technically correct but confusing for the reader to interpret. Mr. Canale said Planning would make this clear. Article 43—Amend Zoning Bylaw & Zoning Map Amend GC, CM & CRO Districts Mr. Hornig said Planning is recommending a series of changes to the dimensional controls of the CRO office district located on Bedford, Hayden, and Spring streets. The biggest change is an increase to the maximum allowable floor area ratio (FAR) to 0.35 from 0.15 and permitting variance to the dimensional controls by Special Permit, as allowed now in the Hartwell Ave area. The Use Table would also be changed to uses allowed on Hartwell and to allow Biotech Manufacturing by Special Permit. Minor map changes are also proposed to match parcel boundaries and re-organize orphaned slivers of land so stray residential parcels are absorbed by the CRO or GC districts. 71-130 Selectmen’s Meeting – March 22, 2017 Two new TMOD overlay districts will also be created—one for the Forbes Road area and one for the Hayden Road area. Mr. Pato and Mr. Lucente reported the Economic Development Advisory Committee was in full support of the provisions of Article 43. David Kanter, Capital Expenditures Committee, asked if new TMOD funds would flow to the existing TMOD Stabilization Fund and if the language of the current TMODs would have to be modified. Mr. Hornig said what happens to the money is defined in the specific TMOD regulation. Article 46—Medical Marijuana: The Planning Board unanimously recommends disapproval of Article 46 in its original form finds some elements of it to be are valuable. Mr. Hornig says Planning hopes to salvage those elements by including them in a substitute motion which is essentially identical to the original motion except that each row of the Use Table is adjusted to match the current zoning allowances in the CM district (Hartwell and Tracer Lane). Ms. Barry said the Selectmen have already taken a position, unanimously rejecting Article 46. Mr. Hornig asked for the Selectmen support of the alternate motion. Mr. Kelley asked if replacement zoning proposals need to be on record a certain number of days before a Town Meeting vote. Mr. Hornig said that is the case only for the former RD and CD districts. Ms. Ciccolo, Ms. Barry, and Mr. Pato supported Planning’s motion. Mr. Kelley said he will make his decision at Town Meeting but he is generally averse to supporting marijuana-related articles. Mr. Lucente said he would wait to decide. Ms. Ciccolo will update her presentation on Selectmen positions at Town Meeting. The remainder of the articles were deferred to a later time. The Planning Board moved to adjourn. Consent Agenda Approve One-Day Liquor License—LHS Baseball Boosters Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request from the Lexington High School Baseball Boosters for a one-day liquor license for the purpose of a fundraiser to be held at the Lexington Depot at 13 Depot Square, Lexington, MA on April 8, 2017 from 7:00 p.m. to 10:30 p.m. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:12 p.m. A true record; Attest: Kim Siebert, Recording Secretary 71-131 Selectmen’s Meeting March 27, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday, March 27, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Selectmen Concerns and Liaison Reports Ms. Barry made a follow-up statement to Selectman Pato’s comments of March 22, regarding one of the demographic questions on the Vision 20/20 survey. A question that has caused concern has been revised based on discussions with representatives from the Chinese American Association of Lexington (CAAL), Indian Americans of Lexington (IAL), Koreans of Lexington (KoLex), some members from the 20/20 Committee, the Chairman of the Human Rights Committee, the Town Manager, and Selectmen Barry and Lucente. The Board of Selectmen encourage those who have not yet done so to take the survey which is available on the Town website or in hardcopy form available at the Town Hall, Community Center, or Library. The paper version of the survey is available in English, Mandarin, and Korean; the online version is only in English. The deadline to submit responses has been extended to Friday, April 14. Update—ATM 2017 Article 18—Appropriate for Visitors Center Dawn McKenna and Kerry Brandin from the Tourism Committee presented details of Article 18, stating timing is crucial if the Town is to be prepared for commemorative events in 2020. Representatives of the Tourism Committee met with members of the Selectmen and Town staff. Architect Don Mills has been asked to give an estimate of what it would take to bring the project through the design development phase. Total funds needed for the schematic design phase are $152,000; $131,000 remains in the Visitors Center account from prior appropriations. Therefore, the initial phase is $21,000 short. Design development services would cost another $80,000. Based on these calculations, Article 18 asks Town Meeting to approve a total of $100,000 to advance the Visitors Center project. Ms. McKenna said several people have approached her about identifying sources of funding other than the Town. Some ideas are being floated that may bear fruit but until the project officially moves forward, such sources cannot be pursued. Mr. Pato said he believes the $4M building cost is at least two times too high is not inclined to support Article 18 funding because he would reject a building plan if it remained elaborate. Ms. Barry said in the context of prioritizing projects and funding, it is difficult to add yet another capital project to an already challenging list. Ms. Barry said she can support the $21,000 shortage to get through the exhibit design phase but, beyond that, she is not comfortable giving a green light to anything that might draw from the debt stabilization fund, as Ms. McKenna suggests. 71-132 Selectmen’s Meeting – March 27, 2017 In response to comments, Ms. McKenna said allowing the schematic portion of the project to move ahead will provide time to research alternative funding sources. Additional funding would not be committed until a second approval threshold has been crossed. The Tourism Committee regrets that architect Mills was not given narrower and more utilitarian guidelines that would have resulted in a less elaborate building design. The Visitors Center project was put on hold to make way for other projects and unless the Town recognizes the new Visitors Center as an investment, it will be easy to keep postponing the project. Ms. Ciccolo would like the project to go through the schematic design phase with the remaining appropriated funds. Unless the project is deemed manageable within the context of competing projects, she cannot guarantee her support after the initial phase. David Kanter, Town Meeting Member Precinct 7 and Capital Expenditures Committee member, urged the Board to support the use of the remaining appropriated funds plus the additional $21,000. He believes addressing overall project costs should be the highest priority. Further funding approval should rest with Town Meeting once the full scope of the project is known. John McWeeney, Chairman of Economic Development Advisory Committee, said consensus of EDAC at a recent meeting was that the Visitors Center project needs to be done and that the Selectmen should determine the best way to accomplish that goal. Ms. McKenna will present Article 18 to Capital Expenditures and Appropriation at upcoming committee meetings. The matter is scheduled to come before Town Meeting on April 12. Mr. Kanter said Capital Expenditures will want to know the funding source so this information can be included in the committee report. Upon motion duly made and seconded, the Board of Selectmen voted 3-2 to support the requested $100,000 from unallocated funds with the caveat that the project not go beyond the schematic design phase without re-authorization by the Board of Selectmen. Mr. Pato and Ms. Barry were the dissenting votes. Reconsider Common Victualler License for Dunkin’ Donuts—Hours of Operation When this matter previously came before the Board, there was an unresolved question about whether the hours on the Common Victualler license mirrored the hours on the Special Permit. Staff researched the question and found that the hours of operation on the Special Permit are listed as 6 a.m. to 10 p.m., not 5 a.m. to 10 p.m. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the hours of operation for the Common Victualler license to be as written in the Special Permit, 6 a.m. to 10 p.m. 71-133 Selectmen’s Meeting – March 27, 2017 Article Positions & Presenters ATM 2017 Mr. Pato will not attend Town Meeting tonight due to illness. Articles he had been assigned to present have been re-assigned per an email Ms. Barry sent earlier in the day. Mr. Lucente declared that he is in support of Article 4 and Article 9. The Planning Board will move to indefinitely postpone Article 33 Scenic Roads. Ms. Barry reported the Planning Board will also move to indefinitely postpone Article 34- Blasting. The Selectmen unanimously supported indefinite postponement. Positions on Article 41—Revise Definitions: Ciccolo yes; Kelley wait; Barry yes; Pato yes; Lucente wait. Article 27—Prior Years’ Unpaid Bills will be indefinitely postponed. The Board was unanimously in support of indefinite postponement. Wednesday night’s Town Meeting schedule is Articles 20, 37, 17, 15. Mr. Lucente and Mr. Kelley both changed their positions on Article 15—Capital School Projects and Equipment from “wait” to “yes”. Article 12(o)—Westview Cemetery Building Design : Mr. Lucente remains a “wait.” Update—ATM 2017 Article 37—Trees Gerry Paul, Tree Committee, said he and Nancy Sofren met with Mr. Valente and staff and came to an agreement to make two changes to Article 37. 1)In instances where a large tree must be removed as a requirement of a building permit, the higher mitigation rate would not apply; 2)A section about maintenance of protected and replanted trees has been deleted to allow further consideration. Mr. Valente said Town Counsel is still working with staff to revise the wording of the motion for Article 37. Positions on Article 37: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Consent Agenda Water & Sewer Commitments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve water & sewer commitments February 2017 Cycle 9 for $213,842.67. 71-134 Selectmen’s Meeting – March 27, 2017 Sign Eagle Scout Letters—Peter Ekrem and Thomas Barry Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign a letter of commendation congratulating Peter B. Ekrem and Thomas C. Barry for attaining the highest rank of Eagle in Boy Scouting. Approve Minutes & Executive Session Minutes—October 2016 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes of Budget Summit 1 on October 6, 2016, regular meeting minutes from October 13, 2016 and October 24, 2016 and a joint meeting with the BOS and Planning Board on October 25, 2016. Further, the Board of Selectmen voted 5-0 to approve but not release the Executive Session minutes of October 13 and October 24, 2016. Executive Session Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to enter into Executive Session at 6:38 p.m. under Exemption 6 to consider the purchase, exchange, lease or value of real property 20 Pelham Rd. and to reconvene in open session only to adjourn. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Ms. Ciccolo was recused from the Pelham Property discussion. Adjourn Upon re-convening in Open Session and upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 6:50 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-135 Joint Meeting Board of Selectmen and Planning Board March 29, 2017 A joint meeting of the Board of Selectmen and the Planning Board was held on Wednesday, March 29, 2017, at 8:00 a.m., in Estabrook Hall, Cary Memorial Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Arnold, Recording Secretary. Also in attendance: Planning Board (PB) members: Mr. Canale, Chair; Ms. Corcoran-Ronchetti; Mr. Hornig; and Ms. Johnson. Mr. Henry, Planning Director; Mr. Kucharsky, Assistant Planning Director. Ms. Barry called the Selectmen’s meeting to order at 8:00 a.m. and introduced the Board members. Mr. Canale called the Planning Board meeting to order at 8:03 a.m. Annual Town Meeting (ATM) Warrant Article 44: Brookhaven Mr. Valente reviewed efforts to develop an agreement between the Town of Lexington and Brookhaven at Lexington (Brookhaven) that would allow Brookhaven to expand its facilities while the Town receives increases in Brookhaven’s annual Payment In Lieu Of Taxes (PILOT) plus an annual affordable housing mitigation payment over the next 15 years. Negotiations resulted in a compromise that includes a payment schedule, adjustments to be made if Brookhaven’s tax-exempt status changes, and steps to be taken after the 15 years. Mr. Valente noted that an approved agreement would be signed by the BOS and Brookhaven, and it is anticipated that the Planning Board would take a position on the affordable housing portion. Planning Board and BOS members expressed appreciation for the work that had been done. Ms. Barry noted that the BOS had received and read written comments sent by residents, including those who live at Brookhaven. The Planning Board members expressed general consensus in support of the agreement. Mr. Canale and Ms. Johnson recognized that the agreement required both sides to adjust their expectations, while expressing general support for the total package.Ms. Corcoran-Ronchetti and Mr. Hornig expressed support for the affordable housing component without commenting on the PILOT. The BOS members expressed general consensus in support of the agreement, although Mr. Kelley shared concerns about the affordable housing piece and was not prepared to take a position at the time. He wants to see tangible efforts that result in increased affordable housing in the near future. Ms. Kreiger, Chair of the Brookhaven Board of Trustees, thanked the two Boards on behalf of the Brookhaven Board of Trustees. Mr. Henry expects the agreement to be finalized by April 12. Mr. Kanter, Precinct 7 Town Meeting Member, identified four concerns relating to the proposed agreement: 71-136 Joint Meeting – March 29, 2017 The annual 2.5% percentage increase in the PILOT is less that the increases experienced by residents and is not adequate. Spreading the affordable housing mitigation payments over 15 years means the funds may not be available when they are needed. Also, they may not be adequate to cover the costs of affordable housing, which are likely to experience inflation-related increases, and they may not be adequate to cover the cost of borrowing until the funds are available. He noted that the 2020 census will be used for the next affordable housing calculations, which could impact Lexington’s current exemption from Chapter 40B housing development if the Town does not meet the affordable housing threshold that is required to restrict such development. Although Brookhaven’s assisted care units are not currently counted as part of Lexington’s denominator for calculating its percentage of affordable housing, there are no assurances that this will continue to be accepted practice.Brookhaven plans to add assisted care units, and the agreement does not include an adjustment should past practice change so that they are included in the affordable housing calculations. It is not clear what happens to the agreement if the Article is not supported by ATM; in that event, the current PILOT should continue. Warrant Article Update - ATM 2017 - Zoning Articles ATM Warrant Article 40: Amend Zoning Bylaw—Special Permits Residential Developments Mr. Canale reported that the Planning Board has not yet reached consensus on this effort to adjust the current “by right” regulations. ATM Warrant Article 42: Amend Zoning Bylaw—Two Family Homes Mr. Canale reported that the Planning Board is close to reaching consensus on this Article, which is designed to encourage housing diversity by allowing additional two family structures. It is anticipated that the constraints that are being be included in the Article would result in minimizing the increase of such housing. Ms. Ciccolo expressed concern about monitoring and enforcing restrictions. Mr. Henry said that there are mechanisms for monitoring affordable housing, while monitoring senior housing requires some adjustments. Mr. Kelley reported that he opposes allowing additional two family homes in Lexington because of monitoring challenges and because they could change the Town’s character. ATM Warrant Article 43: Amend Zoning Bylaw—Economic Development Refinements Mr. Canale reported that two members of the Planning Board support the proposed ATM Motion that was distributed and two members are requesting modifications. The fifth member is traveling out of the country. Mr. Canale said that the concern with the current motion is that it does not address the potential need for a special permit process regarding transportation mitigation. All of the Selectmen expressed support for the Article’s effort to facilitate the commercial development process in order to increase the commercial tax base. Mr. Valente suggested that the Economic Development Advisory Committee (EDAC) be consulted. The 71-137 Joint Meeting – March 29, 2017 EDAC has previously expressed concern that the special permit process is a deterrent to development. Adjourn Upon duly made and seconded motion, the Board of Selectmen voted 5-0 and the Planning Board voted 4-0 to adjourn at 9:09 a.m. A true record; attest: Sara Arnold Recording Secretary 71-138 Selectmen’s Meeting March 29, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:03 p.m. on Wednesday, March 29, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Public Hearing—Flammable Storage License—113-115 Hartwell Ave Chairman Barry opened the public hearing at 6:05 p.m. Mike DiMinico, Senior Director of King St. Properties, presented information and answered questions about the company’s request for a flammable storage license at 111-115 Hartwell Avenue. The license is intended to accommodate the needs of new tenant Wave Life Sciences, a research and development concern involved with preclinical genetic medicine. Wave has signed a long-term lease for this location. Mr. DiMinico noted that King St. Properties obtained a Special Permit in 2015 from the Planning Board for ground-up lab development at 113-115 Hartwell. King Street Properties keeps close track of tenant flammable use but, until this time, no other tenants of King Street Properties have exceeded the threshold that would require this form of licensure. After receiving the license, Wave will review safety and material handling procedures with the Fire Department and the Building Commissioner (Phase 1) in order to receive a flammable use permit (Phase II). Due to its substantial investment in the properties, King Street Properties has retained a team of consulting engineers to advise on best practices. Mr. DiMinico said his company has met also with Town staff and answered all questions pertaining to site development. Assistant Fire Chief John Fleck confirmed Mr. DiMinico’s account and said that his department has worked with King Street Properties over the last 6 months to meet necessary standards. He emphasized that the property is not yet built-out and the license is needed so storage areas can be designed and constructed. Assistant Chief Fleck foresees a 3-to-5-year horizon before the property is fully functional. Once the Board grants the license, the Fire Department will continue to work with King St and Wave to ensure compliance with standards. Assistant Chief Fleck noted that if Shire was on one parcel instead of four, the same licensure would have been necessary; flammable materials are a normal part of the bio-medical research business. Mr. Lonardo, Building Commissioner, said King Street Properties needs to be granted this license in order to obtain a building permit. He sees no impediments to moving forward. Mr. Lucente asked if the license is subject to periodic review. Assistant Chief Fleck replied that the registration card must be renewed every April, before which the facility will be inspected to make sure everything is satisfactory. 71-139 Selectmen’s Meeting – March 29, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a Flammable Storage License for King 113 Hartwell LLC at 113-115 Hartwell Avenue for the storage, operation, and maintenance for flammable and combustible storage at 113-115 Hartwell Ave (Lot 5, Plan No. 31330B; Parcel ID: 10509) as presented. Ms. Barry closed the public hearing at 6:10 p.m. Discussions ATM 2017—Article 10—Appropriate for the FY2018 Community Preservation Committee Operating Budget and CPA Project Mr. Kelley referenced Article 10(d), Judges Road under Community Preservation requests. In previous discussions, the Selectmen have been unanimous in support of keeping all 16 Judges Road units affordable. CPC has voted 6-0 in favor of the $1.048M to secure perpetual affordability. After the most recent Selectmen deliberations about Judges Road, Mr. Kelley determined it is wiser to move toward a 100% ownership model rather than keeping the status quo of eleven units owned and five rented. In order to accomplish that, Mr. Kelley asked that the CPA funding be released to the control of Selectmen so that the Board can manage the transition. Ms. Ciccolo clarified that Mr. Kelley means he does not want to have the rental units under the authority of the LHA. Mr. Kelley concurred, saying the five units would ultimately be purchased by occupants rather than leased. Then, all 16 residences would contribute uniformly on a monthly basis to the property’s mortgage and upkeep and the LHA would not become the de facto “parents” of the property. Further, selling the units would mean the purchase revenue could replenish dwindling CPA Affordable Housing coffers, putting the Town in a better position to create/buy additional affordable housing. Ms. Ciccolo agreed it would be better in the long run if LHA did not become the de facto parent, as it has for other affordable housing properties. Ms. Ciccolo asked Mr. Valente if the rental vouchers would stay with the tenant or moved to another property. Mr. Valente was unsure. Mr. Kelley contacted Lexington’s RHSO agent Liz Rust about his proposal. She deemed his idea feasible but said it would add to the immediate complexity of the issue. Mr. Kelley said he does not want to hold up progress but he thinks his proposal would ultimately be a better arrangement for the Town. Mr. Valente said there are three issues to be researched: First: Under the current Town Meeting proposed, the LHA would own the 5 rental units. Funding the article as it stands would create a grant that LHS would use to execute the purchase. Does the LHA have the authority to sell those assets? 71-140 Selectmen’s Meeting – March 29, 2017 Second: If those assets can be sold, where does the revenue go? Would it come back to the Town or stay with LHA? Third: Are assets purchased with CPA funds allowed to be sold? Ms. Barry said CPA is scheduled to come up on Monday, April 3. Mr. Valente will contact Town Counsel about relevant questions. The matter will come back before the Selectmen on April 3 prior to Town Meeting that night. Article Positions & Presenters ATM 2017 Tonight’s articles: Article 20 –Harbell St. Acceptance. Mr. Kelley will present. Article 37—Trees has been moved to a later night TBA. Article 17—Hastings School Replacement Design is on the agenda tonight. Ms. Ciccolo presents. Article 15—School Capital Projects. Ms. Barry will present. Article 16—Public Facilities Capital Projects. Mr. Kelley will present. Ms. Barry indicated the Capital Expenditures Committee has concerns about three items under Facilities and Site Improvements. Mr. Pato voted “yes” across the board on all Article 16 projects. Time permitting, Town Meeting will return to Article 21—OPEB. Ms. Barry is recused. Mr. Lucente will present. Article 16 (j), the Town has reached an agreement with the Scottish Rite to purchase a 20-space portion of their parking lot for $400,000. As part of that purchase, the Board has asked the Pelham connection, the sidewalk issue, and the signage issue to be resolved. Mr. Valente said the Pelham connection is close to agreement; the sidewalk issue is resolved and will be along the driveway; and the Scottish Rite has agreed the Town can erect a sign on the wall. Ms. Ciccolo said, out of an abundance of caution, she will recuse on the parking lot question— Article 16 (j) because of the connection to Pelham Rd. Mr. Pato said that even if the article passes at Town Meeting, the details can continue to be deliberated. Ms. Barry, Mr. Pato, Mr. Kelley, and Mr. Lucente voted “yes” on project (j). Mr. Lucente is a yes on Article 16 (a) through (c), remains a wait on project (d), and is a yes for projects (e) through (j). Ms. Ciccolo voted to support Article 16 (b). 71-141 Selectmen’s Meeting – March 29, 2017 Mr. Kelley will wait on Article 16 (a) through (i). Ms. Ciccolo asked that items for which she is recused be held aside and voted separately. Article 12—Municipal Capital Projects and Equipment: Mr. Lucente changed his vote on project (o)—Westview Cemetery—from wait to yes. Ms. Barry will present. Article 24—Specified Stabilization Funds: Ms. Ciccolo will present. Article 30—Retirement COLA Base: Ms. Barry is recused. Mr. Lucente will present. Positions: Kelley yes; Lucente yes; Pato yes; Ciccolo yes. Article 10—CPA will come up on Monday April 3. Projects (h) and (k) are indefinitely postponed. Positions: Ms. Ciccolo voted yes on all but (h). Mr. Kelley supported all projects except (h) on which he voted no. Ms. Barry likewise supported all except (h) on which she voted to wait. Mr. Pato voted yes on all but project (l) on which he voted to wait. Mr. Lucente voted yes on all except (h) on which he voted no. Mr. Valente said that if there is no Selectmen support for item (h)—Stone Building Feasibility Study—there is no point in moving it on Town Meeting floor. Mr. Kelley said it is true the Selectmen’s goals have included getting the Stone Building into working order but he believes a citizens’ committee should be formed to study the matter. The design work done in 2008 could be a strong starting point for program and design discussions. Mr. Lucente agreed and added he does not believe that funding will take the project to where it needs to go any faster than a study group. Mr. Valente said the proposed funding is to accomplish what he hears Board members saying they want. Ms. Ciccolo said perhaps the term “feasibility study” is misleading, then, because it gives the wrong impression of the scope of the project being funded. Even if a citizens’ committee is formed, it is helpful to have staff or a consultant guide the project forward. Mr. Pato said his understanding was that the next phase would be to hire a consultant to look at possible market opportunities to attract renters. If this is indeed the next step, the logical choice would be to expend funds on a consultant rather than form a citizens’ committee. Mr. Valente said moving forward with the project at Town Meeting would not preclude forming a citizens’ committee. With the vote tally two yeses, two noes and one wait, Mr. Valente said the support was not strong enough to move the article. Mr. Lucente, Mr. Kelley, and Ms. Ciccolo voted for indefinite postponement. Mr. Pato voted no on indefinite postponement and yes to the existing request. Ms. Barry voted no for indefinite postponement. The article will be indefinitely postponed. 71-142 Selectmen’s Meeting – March 29, 2017 Purchase of Real Estate—Review and Authorize Town Manager to Sign Purchase and Sale Agreement for 20 Pelham Road Property Ms. Ciccolo recused herself due to conflict of interest. Mr. Valente said the Town has completed its negotiation with the Armenian Sisters for the purchase and sale of 20 Pelham Rd. The Selectmen reviewed a copy of the document at an earlier meeting. Since this is the first time the issue is being discussed in open session, Mr. Valente highlighted several items: The purchase price is $7.95M; the appropriation at Town Meeting for the purchase was $8M; The due diligence window was 3 weeks long, ending March 31. The site survey and phase one environmental survey have been completed; The closing is scheduled for April 19; The Town has agreed to buy the property “as is” with known the defects of asbestos and PCB, which must be removed. Negotiations to purchase the property included reimbursement of $75,000 for underground oil tank removal and cleaning the building of furnishings, academic materials, etc. Mr. Valente will ask the Board on April 3 for authorization to request a reserve fund transfer from Appropriations for $75,000. Rose Zhao, 41 Bloomfield St., asked if the Town has the budget to fix up the property. As a statistician and a realtor, she asked if the Town has done a forecast of the need for Special Education facilities. Ms. Barry said the forecast question would be better directed to the School Committee, however 20 Pelham has been determined by the School Committee as the best place to house the LCP program. Design funds have been approved by Town Meeting for the Pelham site. The renovation project costs have yet to be fully determined. Ms. Zhao said she would want to know the exact cost of renovations before purchasing the property. She has not heard any forecasts about how many children the LCP program is expected to serve in the future. Ms. Barry said the School Committee’s enrollment working group has determined that Pelham will satisfy LCPs needs for at least five years. Ms. Zhao believes the projection for school age children is flat. Mr. Pato, a member of the enrollment working group, replied that Lexington’s school age population is projected to grow at 2% a year for at least the next five years as it has done for the past six years. The LCP move to Pelham in not only to accommodate Lexington’s pre-school students with special needs but also to vacate space at Harrington School for regular ed. There are several documents such as the Enrollment Master Plan and the Capital Plan that can be accessed for further information. Ms. Barry thanked Ms. Zhao for expressing her opinion and encouraged her to reach out to the School Committee and access the information Mr. Pato cited. 71-143 Selectmen’s Meeting – March 29, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to authorize the Town Manager with respect to 20 Pelham Rd., Lexington, Massachusetts (the “Property”), to enter into a purchase and sale agreement for the Town’s acquisition of the property in substantially the form presented to the Board at its March 29, 2017 meeting, with final changes to be approved by the Town Manager in consultation with Town Counsel as reasonably necessary (the “Purchase and Sale Agreement”); and to authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgement of the Town Manager, to complete the purchase of the Property in accordance with the Purchase and Sale Agreement, including without limitation delivering closing funds and signing deeds. Deed restrictions, closing forms, closing documents, letters, and settlement statements. Ms. Ciccolo rejoined the meeting. Consent Agenda Approve and Sign Proclamations National Library Week—April 9-15, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the National Library Week Proclamation for the dates specified. National Public Safety Telecommunications Week—April 9-15, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the National Public Safety Telecommunications Week Proclamation for the date specified. Arbor Day—Friday, April 28, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the Arbor Day Proclamation for the dates specified. Approve One-Day Liquor License—Hindu Holi Festival Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request by Thakali Samaj Boston for a one-day alcohol license for the purpose of a Hindu/Holi Festival Fundraiser to be held at St. Brigid Parish Center Hall, 1955 Mass Ave., Lexington, MA on April 1, 2017 from 6 p.m. to 11 p.m. Executive Session—Exemption 6: Update Belmont Country Club Upon motion duly made and by roll call, the Board of Selectmen voted 5-0 to enter into Executive Session at 7:03 p.m. under Exemption 6 to consider the purchase, exchange, lease or value of real property Belmont Country Club and to reconvene in open session only to adjourn. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. 71-144 Selectmen’s Meeting – March 29, 2017 Adjourn Upon re-convening in Open Session and upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 7:10 p.m. A true record; Attest: Kim Siebert Recording Secretary