Loading...
HomeMy WebLinkAbout2017-04-BOS-min 71-145 Selectmen’s Meeting April 3, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Monday, April 3, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley, Mr. Pato, Ms. Ciccolo and Mr. Lucente were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Ms. Barry made comments on behalf of the Board: The Board was deeply saddened to learn of the passing of State Senator Ken Donnelly. Senator Donnelly started his career as a Lexington firefighter, where he worked for over 35 years, retiring from the department with the rank of Lieutenant. He was born in Cambridge and raised th his family in Arlington, living and serving for over 55 years in the 4 Middlesex District. Senator Donnelly was well respected for his dedication, compassion, vigorous leadership, and approachability. He was a tremendous advocate for Lexington and the district. He will be deeply missed by family, friends, colleagues, and constituents. Senator Donnelly’s wake is scheduled for Friday afternoon, April 7, at Arlington Town Hall and his funeral service will be Saturday, April 8, at St. Eulalia in Winchester. Ms. Barry reported with sadness that Lexington centenarian Aurio Pierro, a lifelong resident, died early this morning. A proclamation was signed by the Board last month in honor of Mr. th Pierro’s 100 birthday. Mr. Kelley proposed that the Battle Green flag be lowered in honor of Mr. Pierro on Thursday, th April 6, the day of his funeral. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to lower the flag on the Battle Green on Thursday, April 6, 2017, in honor of Aurio Pierro and his dedication to the Town. Mr. Valente added that Governor Baker has asked flags to be lowered to mark Senator Donnelly’s passing, starting today through Saturday, the date of his funeral. Selectman Concerns and Liaison Reports Ms. Barry noted that the assignment of Minuteman High School liaison was omitted from a recent discussion. Mr. Kelley and Mr. Cohen had been the point people; Mr. Pato is interested in replacing Mr. Cohen. Board members agreed. Mr. Pato and Mr. Kelley will attend the upcoming Minuteman High School Committee meeting this Thursday morning at 7:30 a.m. Noise By-law Public Hearing—Patriots’ Day Preparations Ms. Barry called the Public Hearing to order at 6:09 p.m. Mr. Pinsonneault, DPW Director, requested a Special Permit to begin Patriots’ Day event site preparations, starting at 5:00 a.m. on April 10 and ending April 14. A start time earlier then 7 a.m. is necessary due to increased pedestrian and vehicular traffic in the later morning hours. The 71-146 Selectmen’s Meeting – April 3, 2017 work area covers the length of Bedford Street from the DPW building to the intersection of Massachusetts Ave. and Woburn Street. The work includes cleaning roadways, sidewalks, and other tasks. Abutters and close neighbors have been notified by mail. An announcement has appeared in the Lexington Minuteman for two weeks, as required by the bylaw. Mr. Pato asked if the DPW has looked into the use of quieter, electricity-powered landscaping devices. Mr. Pinsonnault said his department has been researching machinery with lower decibel output and is hoping to try out some demo units before purchasing. In the interim, the Town has procured several noise-reduced gas-powered leaf blowers. Dawn McKenna, 9 Hancock St, said although she does not like early morning noise, she appreciates the DPW’s efforts to prepare for Patriots’ Day. As an abutter, Ms. McKenna deems the inconvenience “unique and necessary”. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to grant a Noise Bylaw Special Permit to the Lexington Department of Public Works to carry out Patriots’ Day thth preparation tasks beginning 5:00 a.m. from Monday, April 10 through Friday, April 14, 2017. Ms. Barry closed the Public Hearing at 6:13 p.m. Approve Reserve Fund Transfer Request—20 Pelham Road Building Mitigation Ms. Ciccolo was recused from the discussion due to a conflict of interest. Mr. Valente asked the Board to approve a request for a reserve fund transfer of $75,000 to cover mitigation work done by previous owners, the Armenian Sisters. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize the Chairman to sign a Reserve Fund Transfer request for $75,000 to reimburse the Armenian Sisters for their expenses to remove the building’s underground oil tank and dispose of educational materials and supplies from the building, prior to the Town’s purchase. The Town Manager will present this request to the Appropriation Committee. Article Positions & Presenters ATM 2017 Article 19—Getting to Net Zero: Mr. Pato presents. Mr. Lucente changed his vote from “wait” to “yes.” Article 18—Visitors Center: Mr. Kelley will present. Ms. Barry said Ms. Hai from Capital Expenditures intends to amend the main motion for the article by replacing $100,000 with $21,000. This would allow the project to advance through the schematic design phase only. Ms. Ciccolo asked if there would be an opportunity at the fall STM to include an article for the additional funding if the Selectmen were satisfied with the results of the first phase. Mr. Valente 71-147 Selectmen’s Meeting – April 3, 2017 said the Facilities department workload is such that it does not appear the schematic design would be completed in time for fall Town Meeting consideration. Mr. Kelley encouraged the Selectmen to continue their support for the $100,000 request, given that funds will be released in a structured, deliberate way. By ATM 2018, the design development should be advanced enough to consider construction funding. Mr. Valente said Facilities and the architect believe they can have the design ready by late fall. Selectmen positions: Ms. Barry can support Ms. Hai’s amendment; Mr. Pato does not see the project as requiring support at this time, particularly with over-extended staff; Mr. Lucente supports the full $100,000, especially with Selectmen control: Ms. Ciccolo is concerned about the Board’s lack of unanimity on the project and about taxpayer debt fatigue. She is leaning toward the Capital Expenditures Committee amendment. Mr. Kelley supports the full $100,000. Article 16(d)—Public Facilities Capital: Mr. Kelley presents. Mr. Kanter, Capital Expenditures Committee, has submitted an amendment to the motion, specifying how much funding each part of the bundled project will receive. Mr. Valente explained the background of the article, saying that in the past few years, Facilities has combined several projects into one “site improvement” request because project costs can vary slightly up or down and a bundled total can be used fluidly. Board positions on the substitute motion: Ciccolo no; Kelley no; Barry no; Pato no; Lucente no. Article 2: Community Preservation Committee report Article 10—CPC 2018 Budget and Projects: Ms. Barry will present (h). Zoning articles More discussion was anticipated about these articles but there has been no additional information from the Planning Board. Article 43—Economic Development Refinements Mr. Valente noted two memos in reference to Article 43: one from Economic Development Officer, Melisa Tintocalis, one from John McWeeney, Chair of the Economic Development Advisory Committee. Mr. McWeeney said if the article passes, regulatory hurdles will be lowered or removed, making it easier for commercial development to happen by right rather than through the special permitting process. Ms. Tintocalis said her memo was intended to further the understanding of certain key points, such as increasing the Floor Area Ratio (FAR) in the Commercial district, inclusion of fast 71-148 Selectmen’s Meeting – April 3, 2017 food/quick service amenities, creation of new Transportation Overlay Districts, streamlining/elimination of the special permitting process, and the potential to add another $1M in annual tax revenue. Referring to an analysis done in 2008 by the Cecil Group of what Lexington’s commercial build out could be, Ms. Tintocalis said the resulting recommendation was to consider a 0.9 FAR in order to unlock development potential. Doing so would make it cost effective to provide structured parking and make it feasible to tear down/redevelop commercial property. The result of a .35 FAR would be a spreading out of surface parking, anathema to what the Town desires. Three primary properties would be significantly affected by the change to FAR: 2 Forbes Rd (132,400 SF); 3 Forbes Rd (49,400 SF); and 181-201 Springs Rd (135,000 SF). Mr. Kelley asked if a Special Permit would be required for an increase to .35 FAR for an existing property. Ms. Tintocalis said, if Article 43 is approved, businesses could move to a .35 FAR by right. The transportation trip wire triggered when intersections are affected by vehicle trip demands would remain, regardless of the fate of Article 43. But, the same type of transportation overlay currently in the Hartwell Avenue area would be applied to Forbes and Hayden areas. The overlay payment (cost per dollar) for Forbes and Hartwell has not been established because it would be tied to a plan that has not yet been developed. Ms. Tintocalis will get back to the Board with additional information. Mr. Kelley said businesses will not invest now if they believe the FAR will again be increased in the near future. He asked if it is true that businesses could apply to the Planning Board for a higher density FAR via Special Permit. Ms. Tintocalis concurred this was indeed the case. She recommends an FAR of 0.9, although she acknowledged the change was possibly more than the community is ready for without additional vetting. Mr. Pato said he believes increasing what can be done by right to 0.9 is the probable outcome over time. In the meantime, he is comfortable with article as it stands. Mr. Valente said the Planning Board is meeting tonight about the article before Town Meeting is called to order. At the moment, they are split 2 to 2 on going so far as .35. If they do not pass it, the ratio would remain .15 FAR; most of the buildings in the CRO already exceed that ratio. Article 43 will be taken up at Town Meeting on April 12. Ms. Barry asked the Selectmen what feedback they would like provided to the Planning Board. Mr. Kelley said he wants to get their attention by supporting the more radical 0.9 FAR. Mr. Pato stated he would also like a 0.9 FAR but is willing to accept a minimum of .35. Ms. Barry asked if her colleagues were comfortable sending the message about increased density. Mr. Pato and Mr. Kelley agreed. Mr. Lucente said he would support .35 as a minimum, but would prefer more. Ms. Ciccolo said it might help Planning to have some visual sense to offer Town Meeting of the different FARs. Mr. Lucente agreed, adding it would be helpful to give examples of buildings that already exceed the current FAR. Article 44—Brookhaven: No update. 71-149 Selectmen’s Meeting – April 3, 2017 Article 45—Balanced Housing (Citizen’s Article): no further update. Article 10 —CPA Articles Board positions remaining to be determined: Article 10 (i): Munroe School Window Restoration: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Article 10 (l): Athletic Fields: Mr. Pato will continue to wait to hear the presentation. Article 10 (m): Town Pool Restoration: Mr. Valente said the Town bids on the estimated $1.026 all came in over $2M. He would like to postpone voting the article at Town Meeting tonight and discuss what to do with CPC. The moderator will remove 10 (m) from tonight’s proceedings. Article 10 (n): Park and Playground Improvements: Ciccolo yes; Kelley yes; Barry yes; Pato yes; Lucente yes. Articles 10 (o) and 10 (p) are on the Consent Agenda. Mr. Kelley asked if the motion for Article 10 (d) Judges Way would be amended, given the Selectmen’s decision to make all the units ownership-based. Mr. Valente said there is no limitation inherent in the wording of the motion. When the deed restriction is crafted with the Housing Authority, language will be included to achieve the full ownership model. However, the Board has not yet worked this out with LHA. Mr. Kelley said as long as the Town acts in compliance with the article, his concerns are allayed. Article 37—Amend Tree By-law After the last Article 37 presentation, staff met with Town Counsel and representatives of the Tree Committee. Counsel had concerns about the four times calculation for replacement of 24+ inch diameter protected trees. The Tree Committee has now changed the replacement multiplier to two times the inches removed. Counsel also said the replacement table should be in the body of the bylaw rather than standing alone. Ms. Sofen and Mr. Paul from the Tree Committee said that another concern requires more study. On this subject, Mr. Pinsonneault suggested a one-to-one mitigation/replacement for some trees would be appropriate rather than two-to-one. He suspects the problem might be with how the bylaw amendment is worded. Mr. Kelley agreed the concern was with the wording: the way the revision is inserted removes mitigation all together if the tree cutting is mandated by the Town. Ms. Sofen agreed with Mr. Kelley’s assessment. Ms. Barry said the Moderator might agree to put off the article until April 12 if the Committee is close to resolving the issue. Otherwise, it could be indefinitely postponed. Mr. Paul said the 71-150 Selectmen’s Meeting – April 3, 2017 Committee would like to move ahead on the all the revisions except this one which it will study and bring forward again next year. Mr. Pinsonneault said staff prefers that the section be modified but that it stays in the bylaw to reflect application to larger trees. Staff agrees that not all trees be exempted. Ms. Sofen said the revision would be acceptable if the phrasing from the exemption was included in the Table. It could be evaluated in application and modified next year if necessary. Ms. Barry said the issue seemed close to resolution but the mechanics of the article are still confused. Mr. Pato said the Level I specifications should include language about permit compliance. Mr. Kelley said the Town wants mitigation no matter why the tree is being removed. If the removal has relevance to the permit, the mitigation ratio is one-to-one. If the removal is for reasons other than permit compliance, the mitigation is two-to-one. Ms. Sofen concurred. Mr. Lucente said the issue was now clear and he can support it. He advised doing whatever can be done to make it clear at Town Meeting. Mr. Valente said he and Town Counsel will work on the wording and forward a new draft to Mr. Paul and Ms. Sofen. Once the Tree Committee approves the new language, the revision will be posted on the Town Meeting website. Article 28—Amend 2017 Operating Budget Mr. Valente said the minor revisions recommended by Town Counsel constitute no substantive change: One change is a $7,000 one-for-one transfer from DPW Expenses to DPW Personal Services to appropriately account for UMass engineering student stormwater management assistance. The second change is a fiscal year accounting adjustment for MWRA Water Assessment from $7,349,661 to $7,377,061 due to how Burlington summer water purchase payment was applied. Selectmen positions on Article 28: Ciccolo yes: Kelley yes; Barry yes; Pato yes; Lucente yes. Article 29—Amend Prior Capital Articles The Selectmen unanimously support indefinite postponement. Consent Agenda Approve One-Day Liquor Licenses—Spectacle Management Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day liquor licenses to Spectacle Management for concerts/events at Cary Memorial Hall, 1605 71-151 Selectmen’s Meeting – April 3, 2017 Massachusetts Avenue on the following dates/times: April 9, 2017: Lori McKenna 7:00 p.m. to 10:00 p.m.; April 20, 2017: Del and Dawg 7:30 p.m. to 10:30 p.m.; Rachel Dratch 8:00 p.m. until 11:00 p.m.; April 27, 2017 Melissa Etheridge 7:30 p.m. to 10:30 p.m.; and April 28, 2017 Branford Marsalis 8:00 p.m. to 11:00 p.m. Water & Sewer Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve water and sewer adjustments as recommended by WSAB 3/16/17 of ($35,377.97). Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:13 p.m. A true record; Attest: Kim Siebert Recording Secretary 71-152 Selectmen’s Meeting April 5, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Wednesday, April 5, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback Assistant to the Executive Clerk. Also present was Mr. Sandeen, Chairman Sustainable Lexington Committee Selectmen Concerns and Liaison Report Mr. Kelly announced the Town of Lexington and HKT Architects were the recipient of the 2017 Richard Bechtel Design Award in recognition for use of best practices in the design and construction of the Department of Public Works Building project. Mr. Pato stated the Communication Advisory Committee (CAC) will hold a public hearing at the end of April to review the renewal of the LexMedia contract. Mr. Pato said the CAC and LexMedia will come in front of the Board of Selectmen on May 22 to review the contract terms. Ms. Ciccolo said the Transportation Advisory Committee is reviewing the changes that are being proposed for the MBTA Bus routes noting the changes are driven by safety concerns. Town Manager Report nd Mr. Valente noted that the Parklet project came in 2 place as a contender for the 2017 Bechtel Award. Update - Sustainable Design Policy Mr. Sandeen stated that the Sustainable Lexington Committee has been working with the Public Facilities Department, the Permanent Building Committee and the Energy Conservation Committee in evaluating building design performance standards for health, energy and resilience. Mr. Sandeen provided a summary of the sustainable building principles that have been reviewed and recommended for the design, construction and operation of Town facilities. He cited the importance of incorporating Stakeholders from onset of the project so informed decisions about the optimal design for each specific project can be made early on. The Sustainable Lexington Committee submitted an updated Sustainable Design Policy draft to the Board of Selectmen for review. Authorize Town Manager to Enter Into Lease and Related Agreements with Syncarpha- Lexington LLC, for Hartwell Solar Site Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the Town Manager to enter into a lease with Syncarpha Lexington LLC for the installation, operation and maintenance of a solar system on portions of the Town’s Landfill at 60 Hartwell Avenue. 71-153 Selectmen’s Meeting – April 5, 2017 Review Draft Memorandum of Agreement with Brookhaven for PILOT and Affordable Housing Mitigation Payments Mr. Valente noted Brookhaven submitted concerns regarding this draft of the Memorandum of Agreement (MOA) specifically related to the wording of the PILOT after 15 year payment schedule and the calculation of assisted care units as deemed by the Census. The Board of Selectmen stated they were not in favor of Brookhaven’s request to include arbitration in the agreement language regarding the PILOT. General Board discussion ensued regarding the Census and the calculation of the subsidized inventory denominator. Mr. Valente said a revised MOA will be brought forth to the Board of Selectmen after meeting with Brookhaven. Bill Dailey, representing Brookhaven, conveyed that Brookhaven would like the MOA to state good faith negotiation would take place at the end of the 15 year PILOT payment schedule. Mr. Daily also asked that noise testing and abatement be governed by the Town Bylaw. Jim Freeling, CEO of Brookhaven, said the assisted care units should be deemed exempt from affordable housing since these units are provided nursing around the clock and are group quarters which do not have kitchens. Article Positions & Presenters ATM 2017 Ms. Barry asked what the Board position is on Article 43 Amend Zoning Bylaw – Economic Development Refinements; Article 37 Amend General Bylaws – Trees. The Board stated they would IP Article 43 if necessary and voted yes to Article 37. Adjournment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 7:20 p.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-154 Selectmen’s Meeting April 12, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Wednesday, April 12, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; and Ms. Katzenback, Assistant to the Executive Clerk. Selectman Concerns and Liaison Reports Ms. Ciccolo stated she spoke at a venue regarding legislation for CPA funding and a venue regarding Green Communities Act grants. Ms. Barry reminded everyone of the upcoming Patriots Day Celebration weekend which includes a full schedule of events. Mr. Pato reported members of the Board participated in the Let’s Play Holi cultural event and visited the Douglas House, assisted living facility, for an overview of the wellness programs offered to their brain injured residents. Approve Parklet on Massachusetts Avenue Mr. Valente noted that for the past three years Lexington has set up a public parklet on Massachusetts Ave.The public parklet is an area for outdoor seating for approximately 15 people and bike parking for up to 18 bicycles created by converting two vehicle parking spaces on Massachusetts Avenue, near the Ride Studio Cafe, into a mini-park. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the installation of the Massachusetts Avenue parklet from the first week of May to the last week of October, in two parking spaces in the vicinity of the Ride Studio Cafe. Amend Charge: Housing Partnership Committee This item was tabled and will be brought forth at a future meeting. Discovery Day Discussion Ms. Barry asked if the Board would like to participate and host a booth at Discovery Day being held on Saturday, May 27, 2017. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to participate in the 2017 Discovery Day program. Approve and Sign Letter to MBTA RE: RIDE Premium Service Area. Ms. Barry noted the Board of Selectmen have been asked join the Transportation Advisory Committee in opposition to the proposed elimination of the RIDE's Premium Service Area. 71-155 Selectmen’s Meeting – April 12, 2017 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 approve and sign a letter to the MBTA opposing the MBTA's proposed elimination of the RIDE's Premium Service Area. Review Memorandum of Agreement with Brookhaven for PILOT and Affordable Housing Mitigation Payments Mr. Valente stated there is a revised Brookhaven Memorandum of Agreement (MOA) for consideration and noted there is an open item for discussion regarding the section in the MOA regarding affordable housing mitigation. Mr. Jim Freeling, CEO of Brookhaven, stated they do not feel the assisted care units should not be counted towards affordable housing since they are group quarters.Mr. Freeling emphasized that the assisted care units are different than assisted living units and expressed concerned that the future census will accurately count the units. General Board discussion ensued. The Board agreed that the affordable housing mitigation section of the MOA should be modified and clarify that the assisted care units will not include full kitchens. The Board agreed to the concept of the MOA as part of Article 44 of the 2017 Annual Town Meeting. David Kanter, precinct 7, conveyed he feels that the PILOT is not proportionately increased with the extent of the change that is being made to the Brookhaven facility. Mr. Kanter expressed concern about affordable housing mitigation. Selectmen Committee Appointment/Reappointment Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2018. Article Positions & Presenters ATM 2017 Board of Selectmen agreed to refer back to the Planning Board Article 40 Amend Zoning Bylaw - Special Permit Residential Developments and Article 45 Amend Zoning Bylaw - Balanced Housing Developments (Citizen Article). In regards to Article 42 Amend Zoning Bylaw – Two-Family Homes, the Board noted they need to see information from the Planning Board in order to take a position. Ms. Battite, Director of Recreation and Community Programs provided a brief update the of the Town Pool renovation. The Board of Selectmen agreed to support the revised figure for Article 10m Town Pool Renovation for Town Meeting. 71-156 Selectmen’s Meeting – April 5, 2017 Consent Agenda Approve and Sign 2017 Minuteman Cane Award Proclamation On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the signing of the 2017 Minuteman Cane Award proclamation honoring Sophia Ho. Sign 2017 Outstanding Youth of Lexington Awards On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the signing of the 2017 Outstanding Youth of Lexington Award proclamation honoring Emily Zhang. Approve Town Manager's Vacation Request On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager request for vacation dates as follows: May 10-12; August 21-25; August 29 (or 30) - September 2, 2017 Adjourn On motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:20 p.m. A true record; Attest: Kim Katzenback Assistant to the Executive Clerk 71-157 Selectmen’s Meeting April 24, 2017 A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Monday, April 24, 2017 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Kelley; Mr. Pato; Ms. Ciccolo; and Mr. Lucente were present as well as Mr. Valente, Town Manager; Ms. McIntosh, Executive Clerk; and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Ms. Barry extended the Board’s gratitude to the Town Celebrations Committee for this year’s Patriots’ Day events. Ms. Barry acknowledged the Lexington Minuteman Company and His th Majesty’s 10 Regiment of Foot for the battle re-enactment, and praised all Town departments for yet another successful commemoration. th Mr. Pato reminded the Board and the public that on Thursday, April 27 at 6:30 p.m., the Communications Advisory Committee (CAC) will hold a Public Hearing to solicit comments regarding LexMedia’s performance over three past three years. The CAC will gather input and send comments to the Selectmen for consideration during the upcoming PEG access contract renewal. Reorganization of the Board Ms. McIntosh, Executive Clerk, opened the floor for nominations for Chair of the Board of Selectmen. Mr. Kelley moved to nominate Suzy Barry to serve for the next year. Mr. Lucente seconded. As no other nominations were forthcoming, Ms. McIntosh closed the floor. The vote was 5-0 in favor of the motion. Ms. McIntosh declared Ms. Barry the duly-elected Chair. Ms. McIntosh opened the floor for nominations for Vice Chair. Ms. Barry nominated Michelle Ciccolo to serve for the coming year. As no other nominations were forthcoming, Ms. McIntosh closed the floor and took the vote. Ms. Ciccolo was declared Vice Chair by a vote of 5-0. Ms. McIntosh exited the meeting at the conclusion of the election. Amend Committee Charges Lexington Housing Partnership Committee The Lexington Housing Partnership Committee (LHPC) has requested that their committee composition be changed to nine voting members and six liaisons. Further, the Committee requested that the LexHAB representative be changed from Voting Member to Liaison and the Council on Aging representative be changed from Liaison to Voting Member. Revisions to the “Responsibilities” section of LHPC’s charge have been made to accurately reflect the Committee’s current activities. The section now reads: 71-158 Selectmen’s Meeting – April 24, 2017 1.Identify local, state, and federal housing resources available to the Town and to residents seeking affordable housing; 2.Advocate for land use regulations and zoning bylaws to increase affordable housing stock; 3.Develop and modify affordable housing strategies based on the Planning Board’s Comprehensive Plan; 4.Increase public awareness through public information and forums; 5.Assist with land or properties acquisition suitable for development of affordable housing; 6.Make recommendations on particular housing proposals; 7.Advise the Selectmen and Planning Board to aid in their decision-making process. Ms. Barry noted that now-retired Assistant Town Manager Linda Vine worked on these changes with Melinda Walker, Chair of LHPC. Ms. Walker was present in audience to field questions. Fund for Lexington The Fund for Lexington has requested an increase in membership to a non-even number—from 6 th to 7—with the 7 member defined as a Community Member. Policy Manual Committee The Board of Selectmen previously decided to add a second Selectmen to the Policy Manual Committee. This addition increases membership from 6 to 7. Mr. Pato noted the length of term indicated for Policy Manual Committee members is “until dissolved.” He recommended the term be more specified, perhaps two or three years. The Selectmen reached consensus to change the length of term to two years’ duration. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to amend the charges of the Lexington Housing Partnership Committee, Fund for Lexington, and Policy Manual Committee as described and as revised. Minuteman Statue Restoration Mr. Pinsonneault, DPW Director, reported that the Town has not been able to find a suitable conservator to perform the work as approved by the Selectmen in the John Parker statue and Minuteman Memorial. He asked the Selectmen to reconsider the restoration treatment that was chosen, and choose conservation treatment more along the lines of what Daedalus Consulting recommended so as to keep the repair, cleaning, and restoration schedule on track. Mr. Kelley said he does agree that cleaning the statue and filling the seams is necessary. Mr. Pato recommended the Town take time to either find a conservator that will do the work as chosen or determine another course of action. 71-159 Selectmen’s Meeting – April 24, 2017 Mr. Pinsonneault said the waxing option would not disturb the statue material, although repeated deep cleaning could cause damage over time. The wax is for preservation. Ms. Ciccolo said a number of people have approached her to say they believe that the Selectmen’s decision was incorrect and that the more responsible way to proceed was to follow Daedalus’ recommendations. Ms. Barry said she had also had similar conversations with residents, including members of the Monuments and Memorials Committee who submitted a lengthy report. Mr. Pinsonneault said the statue would only be touched up to refresh the spots that had blackened. He believes this procedure is the same technique used the last time the statue had work done, although he was not in his present job when that occurred. Given this information, Ms. Ciccolo said she is comfortable accepting Daedalus’ recommendation and moving ahead in that manner and believes postponing repair work any longer is risky. Mr. Pato he would like to have time to revisit the two strategies. Mr. Pinsonneault reiterated that he has not been able to find a conservator to execute the chosen treatment. Because of the nature of the statue—what it means and what it entails—none of the companies the DPW or the Historical Society reached out to would agree to use that method. David Kanter, Precinct 7 Town Meeting member, said he was astonished at the way this process was unfolding. Dr. Michael Evans, a metallurgist who provided the assessment that altered the Board’s opinion, has not been contacted following the decision as he expected to be. Mr. Kanter feels the argument now being presented is one-sided. The Town has made no attempt to involve Dr. Evans, who might be able to identify conservators. He hopes the Board will rectify the situation and involve Dr. Evans before deciding to abandon his recommendations. Mr. Kanter does agree, however—as did Dr. Evans— that cleaning and repairing the statue is necessary, no matter which surface treatment option is chosen. Dawn McKenna, Chair of the Tourism Committee, said the Battle Green Master Plan included a review of the statue. Her understanding is there was no problem with the statue’s base. Ms. Barry said the Selectmen have been asked to vote tonight on how to proceed. The DPW is looking at the end of August to execute the work. The Board is of the opinion that the statue needs to be both cleaned and repaired. Members also agreed that the statue keep its green color. Ms. Barry said she is ready to vote in favor of the Daedalus treatment as recommended by the Monuments and Memorials Committee, the Historical Society, and various interested citizens. Ms. Ciccolo voted similarly. Mr. Kelley said he believes the Board needs to wait for both sides of the story. Mr. Pato is not ready to vote. Mr. Lucente said he, too, is not ready to vote. He agrees there is an imperative to do the cleaning and repair work, however. 71-160 Selectmen’s Meeting – April 24, 2017 Mr. Pinsonneault said no conservator has been willing to take on the cleaning and repairing work without assurance that the treatment will be up to their standards. Mr. Pato asked what the prognosis for the statue is. Mr. Pinsonnault said if the work waits another year, there is the potential for more problems. Mr. Kanter strongly suggested Dr. Evans be consulted. Ms. McKenna said the window of time to shoot for is from the end of August until a week or so after Labor Day. Ms. Barry asked that the matter return to the Board either Monday May 1 or Monday May 8. Consider Outdoor Seating, Grain Mill Alley and Visitors Center Melisa Tintocalis, Economic Development Director, asked the Selectmen to consider approval of seasonal outdoor seating for two distinct locations: in front of the Visitors Center and in the public right of way on Mass Ave at the intersection of Grain Mill Alley. The recommendation comes out of a Center Committee initiative to “activate the space” and create a more welcoming presence into the entryway of the Visitors Center. Ms. Barry asked Ms. Tintocalis to describe the steps moving forward. Ms. Tintocalis said the proposal before the Selectmen is for a 45-day temporary installation under Historic District Commission rules. Anything longer would require a “certificate of appropriateness.” There will th be an informal hearing on May 4 with the HDC at which Ms. Tintocalis will request feedback for the certificate application. Ms. Barry asked Ms. Tintocalis to reach out to the abutting businesses. Dawn McKenna, Tourism Committee Chair, said she had not heard before this that the seating would return to the area in front of the Visitors Center. She hoped this kind of seating will eventually replace the picnic tables currently there which are not in keeping with the Battle Green Master Plan. She would, however, oppose putting table umbrellas out as those, too, are anathema to the Plan. Avram Baskin, 43 Carville Avenue, said he is upset that anyone would complain about children and parents having a good time at the Grain Mill Alley installation. He supports the seating. Innessa Manning, 48 York St, is a member of the Lexington Center Alliance, a residency advocacy group formed to create vibrancy in the Town Center. She reported that the group received a lot of positive feedback about the installation two summers ago and members were disappointed not to see the initiative repeated last year. The group would like to see the installations return and for longer than 45-days. The ability to sit outside and linger drew people to the Center, a welcomed outcome. Jerry Michelson, Chair of the Center Committee, is happy the seating will return. He offered to facilitate discussion with the landlords in the Center. 71-161 Selectmen’s Meeting – April 24, 2017 Upon motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the installation of a temporary outdoor seating area at the Grain Mill Alley and Visitors Center as requested by the Economic Development Office. Approve Line Item Transfer—Title and Property Insurance 20 Pelham Rd Ms. Ciccolo was recused due to a conflict of interest. Mr. Valente said, with the purchase of 20 Pelham Rd, the Town has incurred two unbudgeted insurance premiums: $12,037 for Title Insurance and $23,450 for Property Insurance. To cover these items, staff recommends asking Town Meeting to transfer $36,000 from line item 2170 Uninsured Losses to line item 2160 Property & Liability Insurance. This transfer can be accomplished under Article 28, Amend the FY2017 Operating, Enterprise, and CPA Budgets. Mr. Pato asked why the Town needs title insurance if the Town took the Pelham property under eminent domain. Mr. Valente said the Town regularly purchases title insurance in case there is something that the title examiners did not find. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to recommend to Town Meeting the transfer of $36,000 to line item 2160 Property & Liability Insurance from line item 2170 Uninsured Losses. Review and Approve Final Draft of Brookhaven MOA th Mr. Valente said that at the Selectmen’s meeting on April 12, a tentative agreement between Brookhaven and the Town was reached on a Memorandum of Agreement, negotiated as part of the 2017 Annual Town Meeting Article 44. Mr. Valente said he recommends the Selectmen wait to approve the agreement until the necessary zoning change adopted at Town Meeting. David Kanter, Precinct 7 Town Meeting member asked if it would be better for Brookhaven to sign first since they are bringing the article forward to Town Meeting. Jim Freehling, Brookhaven CEO, stated Brookhaven is ready and willing to sign. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Memorandum of Agreement between the Town and Brookhaven and authorize signatures subsequent to the successful adoption of Article 44 at 2017 Annual Town Meeting. Article Positions & Presenters Tonight’s articles: Article 44—Brookhaven: All five members voted to support of Article 44. 71-162 Selectmen’s Meeting – April 24, 2017 Article 10—CPA: all votes taken. Article 16 (d)—Facility and Site Improvements: Mr. Kelley and Mr. Lucente will continue to wait. Article 43—Economic Development Refinements: Mr. Pato noted the Board held off voting earlier because members felt the article did not go far enough. Ms. Ciccolo was a reluctant yes; Mr. Kelley will wait to see what might change on the floor; Ms. Barry will wait; Mr. Pato is a reluctant yes; Mr. Lucente is a reluctant wait. David Kanter asked what the fate of his amendment for Article 43 was at the last meeting. Ms. Barry said the Board was not in favor of the amendment because the intent of bundling the projects into one article is for the appropriation to be flexible. Article 28—Amend FY2017 Operating, Enterprise, ad CPA Budget: Mr. Lucente will present. Article 29—Appropriate for Authorized Capital Improvements: Indefinitely postponed. Ms. Ciccolo will present. Consent Agenda Water & Sewer Commitments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the following Water & Sewer Commitments: Section I for $1,795,801.63; Cycle 9 for $229,036.38; and Finals for $8,454.52. Approve and Sign Proclamation—Lexington Garden Club Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a st proclamation to commemorate the 141 year of the Lexington Garden Club. Approve and Sign Proclamation—National Public Works Week Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation to commemorate National Public Works Week. Approve One-Day Liquor License—Lexington Historical Society Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Lexington Historical Society for a one-day liquor license on May 6, 2017 at Lexington Depot at 13 Depot Square, Lexington, Ma. for the purpose of a trivia night from 4:00 p.m. until 6:00 p.m. Executive Session—Update: Fire Union Bargaining Executive Session was deferred until the following meeting. 71-163 Selectmen’s Meeting – April 24, 2017 Should Town Meeting conclude this evening, the Board of Selectmen meeting scheduled for Wednesday, April 26 will be cancelled and the next Board of Selectmen meeting will be held on Monday, May 1 at 7:00 p.m. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 7:00 p.m. A true record; Attest: Kim Siebert Recording Secretary