HomeMy WebLinkAbout2018-02-05 BOS-min Selectmen—February 5, 2018
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Selectmen's Meeting
February 5, 2018
A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday,
February 5, 2018 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.
Public Comment
Joelle Gunther, 35 Woodcliffe Road, asked what the Town's response will be to inaccuracies on
a number of Woodcliffe Road 2018 property tax assessments. She believes most people affected
are unaware of the reason their tax bills have increased. The abatement deadline (February 1) has
now gone by and Ms. Gunther asks the Town to notify affected homeowners and to generate
amended bills.
Mr. Valente acknowledged there had been an error affecting seven property assessments on
Woodcliffe Road. It was a staff coding error, isolated to teardown properties of a certain date.
Assessment staff has notified all affected Woodcliffe Road homeowners, directing them to file
an abatement. Recalculation of the valuation is at this point not possible as towns have no legal
authority to change home values but bills; abatement is the way the issue can be remedied. If the
Town did not hear back from the Woodcliffe Road homeowners, a second notice was sent. Mr.
Valente does not know how many responses were received but he will report back with that
information. He further noted that property tax bills, by law, have the abatement application
deadline printed on them.
Ms. Ciccolo asked if there are potentially other properties affected by this error. Mr. Valente said
he is not aware of others. Mr. Lucente asked that the Town look into other valuations to ascertain
if the error was isolated.
Mr. Kelley said he had been contacted by residents of Slocum Road who suspect something
similar has happened with their valuations. He asked that the Town look into these properties as
well. Mr. Kelley noted that this 3rd quarter bill is the first to reflect the most recent valuations.
Mr. Valente said he will look into the question of whether 4th quarter bills can be abated if
homeowners missed the 3rd quarter deadline.
Mr. Pato noted that home sales, and associated valuations, have risen significantly. Mr. Valente
agreed but added that there are also wide variations in sale prices, depending on house style.
Selectmen Concerns and Liaison Reports
Ms. Barry reported that two or three World War I commemorative plaques on the Battle Green
have gone missing. The Monuments and Memorials Committee would like permission to
coordinate with Public Works staff to replace the plaques in advance of the next November's
100th anniversary ceremony commemorating the end of World War I.
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Town Managers Report
Mr. Valente said the Town would be selling $48M in municipal bonds and $12M notes later this
week. Standard &Poor's and Moody's credit agencies have recently confirmed Lexington's
AAA rating. The Board will be asked to approve the bond/note awards at the next Selectmen's
meeting on February 12, 2018.
Accept Terms of the Richard "Dick" Michelson Scholarship Fund
Eric and Jerry Michelson, sons of Dick Michelson, were present for the acceptance.
The Selectmen, in turn, acknowledged with deep appreciation the many contributions of Dick
Michelson and his family. The Michelsons said the idea for the scholarship had originated from
their father, who began the process of establishing the fund before his death.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the terms of
the Richard "Dick" Michelson Scholarship Fund that will be managed by the Trustees of Public
Trusts.
Approve Request for Discovery Day Street Fair
Eric and Jerry Michelson presented a request from the Lexington Retailers Association for
permission to hold the 39th annual Discovery Day Street Fair.
Upon motion duly made and seconded, the Board of Selectmen approved the request of the
Lexington Retailers Association to have exclusive use of the Muzzey Street/Waltham Street
parking lot on Saturday, May 26, 2018 (rain date June 2) from 5:00 a.m. to 5:00 p.m. for the
39th annual Discovery Day Street Fair, to erect seven temporary signs, to park a flatbed trailer in
Lexington Center and provide free parking, as outlined in their letter dated January 26, 2018,
subject to working out all the details with Public Works and Police staff.
Request of the Lions' Club for 62nd Annual Carnival
Mr. Lucente, Treasurer for the Board of Directors of the Lexington Lions' Club, recused himself
from this item.
Colby Crogan, in-coming President of the Lexington Lions' Club, presented the information for
the event.
Ms. Barry noted that if carnival activities are to take place on July 8, 2018, a Sunday
entertainment license will be necessary. This can be done, if necessary, at a later Selectmen's
meeting.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request
of the Lions Club to hold the July 4th Carnival from Sunday July 1, 2018 to Sunday, July 8, 2018
with the times as requested in the Lions Club letter dated January 30, 2018.
Board Review and Comments to the Planning Board on Annual Town Meeting Zoning Articles
Since there are a number of 2018 Annual Town Meeting Citizen's articles related to zoning, Ms.
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Barry and Mr. Valente asked the Board to consider how to convey Selectmen's positions to the
Planning Board after they hear the various article presentations. Mr. Valente reported that staff
are available to draft written comments for the Selectmen and the Planning Board has said it
would be helpful to hear the Selectmen's views before taking positions. All zoning article Public
Hearings have been continued to the February 14, 2018 Planning Board meeting and will
tentatively be ongoing until February 28, 2018.
Assuming that all deadlines could be honored, the Board reached consensus that capturing
positions in written form would be useful and preferable. Ms. Barry and Mr. Valente will work
together to try to achieve this objective.
Review Draft-2018 Annual Town Meeting Warrant
Mr. Valente and Ms. Axtell, Assistant Town Manager, noted a few changes to the draft warrant:
• The previous Article 45 (accept MGL 40C) was deleted.
• The title of Article 46 was changed to–"Amend Chapter 447 of the Acts of 1956", as the
Study Committee is now recommending amending our HDC special act rather than
accepting the State Law on HDC's.
• The previous Article 24—"Appropriate bonds and notes premium"was deleted. It was
confirmed with bond counsel that the Municipal Modernization act covers what is
necessary going forward by adding language to every borrowing article covering bond
and note premiums.
• Article 12—Appropriate for Lexington Children's Place Construction was increased by
$200,000,to reflect the latest cost estimate by the Architect.
Mr. Valente said this first draft will need to be revised for typographical errors. He asked for
comments from the Selectmen on substantive matters.
Referring to Article 20f Visitors Center Construction Documents and Citizen's Article 22
Visitors Center Funding, Mr. Valente noted that the White Book includes funding reflected in
Article 20f that would take the project up to bid document status only. Article 22 includes full
construction funding. If the Board decides to expand Article 20f to include full funding, the
citizen who brought forth Article 22 may decide to indefinitely postpone that article. If the Board
votes to expand Article 20f, Mr. Valente recommends that it become a stand-alone article instead
of remaining a subset of Article 20. This is a practice he recommends for all major construction
articles.
Ms. Ciccolo, Ms. Barry and Mr. Pato said they want to see financing proposals for both scenarios
before deciding which to support. Mr. Valente said the financing plan will be presented at the
March 19, 2018 Board meeting, after the warrant deadline. The price estimate will also be
available at that time. Mr. Kelley recommended splitting off Article 20f in any case, since it
would prepare for either possibility.
Dawn McKenna, Tourism Committee Chair, urged the Board to separate Article 20f so that it
can more easily be expanded if the financing plan for full construction is approved. In addition,
Ms. McKenna expressed disappointment that Tourism Committee-approved language for Article
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22 had been changed. She asked for the missing components to be restored in the interest of
clarity.
Ms. Ciccolo, Ms. Barry, and Mr. Lucente agreed with Mr. Kelley's recommendation to separate
Article 20f into a stand-alone article. Mr. Pato said he supported keeping the article as a subset of
Article 20. The Board will finalize this vote at the next meeting.
Mr. Valente noted that the Capital Expenditures Committee recommends the $370,000
replacement radio console for the Police Department be included in the FYI Capital budget.
At the February 12, 2018 Selectmen's meeting, the subject of the Town Meeting Consent
Agenda will be addressed, with the goal of compiling a list for review by the School Committee,
Capital Expenditures Committee, and the Appropriation Committee. Ms. Barry will also begin to
assign Selectmen presenters for Town Meeting articles.
Review Charge for Ad Hoc Stone Building Stakeholder Committee
Mr. Lucente and Ms. Kowalski, Assistant Town Manager for Development, presented a draft of
the charge for the Stone Building Stakeholder Committee. The purpose of the Committee is to
make recommendations to the Board of Selectmen for use of the now-vacant building;
Mr. Lucente noted that uses for the Stone Building are restricted by the bequest that left the
building to the Town. Ms. Kowalski added that the draft charge is based on prior Stone Building
studies, particularly that the second floor be used once again as a lyceum. The new committee
would focus on what the first-floor use(s) might be.
Ms. Ciccolo said the committee composition as written is thoughtfully considered. She agreed
that the Town's empty buildings should be utilized. She also noted that architects who work in
Lexington, even though not residents, might be considered for membership. Mr. Kelley said the
draft charge is going in the right direction.
Ms. Barry noted that the text of the draft specifies nine members but the affiliations listed
number only eight. She is also concerned about how directive the language of the charge is and is
uncomfortable with the second paragraph under "Description." Ms. Barry wants to ensure that
residents understand the Committee is open to considering a variety of users. Ms. Ciccolo asked
that another mechanism, such as a survey, be used to engage a broader range on stakeholders.
Mr. Pato noted that the idea to form an ad hoc committee came out of a proposal to hire a
consultant to look at the potential for marketable shared uses; the draft charge parallels that effort
and is specific to the Stone Building. Since that is the case, he is comfortable with the
narrowness of the charge but agreed that the second paragraph under "Description", with
reference to the Historical Society, should be removed.
Dawn McKenna, Chair of the Tourism Committee, asked that a representative of the Tourism
Committee be considered for membership. She also recommended that the representatives from
the Historical Society and the Historical Commission be liaisons instead of voting members. She
suggested that facility users, such as the Lexington Symphony and Spectacle Management, be
considered as potential members. Ms. McKenna also urged the Board not to split the charge into
"first floor" and "second floor"recommendations, despite deed restrictions.
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David Kanter, Capital Expenditures Committee, said the last Stone Building study was done with
a condition of self-sustaining finances. Mr. Kelley said he would not put a similar constraint on
this new committee. Mr. Pato cautiously agreed, but expressed the concern that a solution should
not overly burden the Town budget; he would prefer a cost-neutral proposal. Ms. Ciccolo said,
the Town should be careful about finances but if the building use were to bring in revenue,
renovation/code compliance costs could be offset. A long-term tenant might partner with costs.
Ms. Kowalski noted that the last study included an analysis of providing handicap -accessibility.
The ad hoc committee would focus on looking into what uses are consistent with the terms of the
deed requirements and what would be financially feasible.
Mr. Lucente and Ms. Kowalski took note of the comments on the draft. They will revise the text
and bring it back for a second review at a future meeting.
Adjust Sidewalk Permit Fee
It has been the Town's practice to allow food establishments in the Center to license the use of
the adjacent public sidewalks for food service. The Town Manager is recommending an increase
of approximately 3% for 2018.
Mr. Valente noted that II Casale and Lexx restaurants both have outdoor seating but it is not on
Town-owned property, as is the case with Bertucci's and Peet's Coffee.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to establish the
monthly sidewalk permit fees for Bertucci's at $475 per month and for Peet's Coffee at $75 per
month.
Continue ReviewFY2019 Preliminary Budget and Financing Plan
• Review of Proposed Operating Budget and Program Improvement Requests
Mr. Valente said that, despite not recommending some of the PIRs, he believes all have merit
were fully vetted by department heads. His choices were made to achieve balance, but he
supports all the requests that were submitted.
Items from the PIR list that garnered discussion:
Sidewalk Data Collection Using PathMeT PIR for $22,500. Ms. Ciccolo asked why Mr.
Valente is does not recommend this PIR. Mr. Valente said the PathMeT technology is fairly new;
it would be used to measure sidewalk handicap accessibility, including vibration and slope. As it
pertains to the Center Streetscape, Mr. Valente said the existing surface can be assessed before
Center Streetscape construction dollars funds are requested at Annual Town Meeting 2019. Ms.
Barry asked if sidewalk assessment will be done in full or in phases throughout town. Mr.
Pinsonneault, DPW Director, said the $22,500 was for one phase of the analysis. David Kanter,
Capital Expenditures Committee, suggested that the DPW discuss working in the Center
sidewalk analysis with the contractor who ordinarily conducts the sidewalk audits. Dawn
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McKenna, Chair of the Tourism Committee, said that the portion of the Battle Green Master Plan
that deals with traffic and parking should be coordinated with the Center Streetscape effort.
Ambulance Staffing, 2 FTE's for $188,565 is recommended for slightly less than half the full
amount($91,371);the remainder ($97,194) is not recommended Mr. Valente said, given how
long it takes to hire trained paramedics, half the fiscal year will elapse before staff is in place and
therefore the amount can be cut. Going forward,the whole amount would be needed annually.
The additional employees will bring the staffing up to two full ambulance crews.
Youth and Family Services Additional Supports for $99,391, Ms. Barry thanked Mr. Valente
for the inclusion of a dollar figure but asked if more funds would be needed for anything other
than a salary. Noting the ongoing discussions with the School Committee and Human Services,
Mr. Valente said there is still flexibility to decide which direction to go in.
Transportation Strategic Plan for $25,000 was not recommended because a Commonwealth
Compact grant will cover the cost for the three towns involved in the study: Lexington, Bedford,
and Burlington.
Assistant Building Commissioner for $20,290 was not recommended. Ms. Kelley said the cost
is a worthwhile investment to assure building commissioner availability to the development
community. Mr. Valente said the reason he did not recommended this request is because the new
Building Commissioner has just been hired who should have time to become acclimated before
deciding if an assistant is warranted. After discussion, the Selectmen reached consensus to return
the funds to the "recommended" column in the event that the addition of an assistant is deemed
prudent.
Hartwell Gateway Signage, $10,000 recommended/$40,000 not recommended. After
discussion about timing, branding, and ownership of the initiative, the Selectmen reached
consensus to defer all funding.
General Fund Support of Visitors Center for $41,400 and Marketing Budget Increase for
$12,000 were not recommended. Dawn McKenna, Tourism Committee Chair, asked the
Selectmen to consider cost increases in the future for Visitors Center expenses such as printing.
Unmanned Aerial System for $7,950 that was not recommended, Mr. Valente said he is
uncomfortable having the Town use drones without a policy in place. Mr. Pato said the Policy
Committee would begin to take up the matter.
• Continue discussion Regarding the Proposed Capital Budget
Mr. Kelley, who was absent from the last meeting, concurred with his colleagues in their support
for the Center Athletic Field Lighting and Center Track capital projects.
Recapping the last meeting's discussion, it was noted that the Community Center Expansion
remains off the Capital list. There has been a proposal to fund a $250,000 design phase to be
drawn from the Recreation Enterprise Fund (available balance $650,000). The Recreation
Committee fully supports the expense and is re-prioritizing initiatives to allow the funding to be
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used in this manner.
Ms. Ciccolo recused herself from this discussion as her parents' property abuts the Community
Center.
Mr. Pato said he has been concerned about supporting this preliminary phase of the project
because he does not want to signify willingness to move ahead with construction unless the plan
includes public/private funding. But, upon consideration, he agreed that the design funds will
enable the project to reach a stage where public/private collaboration is more likely to occur. He
cautiously supports the $250,000 commitment.
Mr. Barry said she is now in support of moving ahead with the preliminary stage of the initiative.
She reported, however, that the Capital Expenditures Committee is not in favor as it has
significant concerns about the ramifications of accelerating the project.
Dawn McKenna, Precinct 6, also opposes moving ahead. She asked how much money for
Community Center operations is still being paid for from the Town budget rather than by the
Recreation Enterprise Fund. She said the Tourism Committee stepped back on its Visitor Center
efforts in order for the original Community Center initiative to go forward; now, she believes the
expansion should not take precedence and believes School gym facilities should be made
available to the community rather than pushing for construction of a new gym within the
expansion plan.
David Kanter, Capital Expenditures Committee, said that design plans become "stale" if not
acted upon in a timely manner.
Mr. Kelley said he believes the Town purchased the Pelham property with the promise that it
would benefit both the Schools and the larger community. He does not see the $250,000 as a
tacit commitment to spend $20M.
Ms. Barry noted that all four members involved in the discussion ask that the $250,000 be
restored to the Capital budget. This subject will be addressed again on February 12, 2018. The
full budget will be voted on February 26, 2018.
Selectmen—Committee Resignation
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the
resignation of Susan Barrett from the Transportation Advisory Committee. The Board extended
its thanks and appreciation to Susan Barrett for her time and effort in serving the Lexington
community. Ms. Barrett has just been hired by the Town as the new Transportation Services
Manager.
Preliminary Discussion—Municipal Mental Health Services
Looking forward to the February 7, 2018 Joint Meeting with the School Committee in Estabrook
Hall, the Selectmen commented on aspects of the Town/School mental health initiative.
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Mr. Pato said he would like to have a written statement of the goals of the initiative.
Mr. Lucente said he will be listening particularly for what services are already provided and what
the gaps are. He added that it is good to know a third meeting will take place and asked that there
not be such a long gap between meetings.
Mr. Barry said the difference between the Schools and the Town is that the Schools have a
distinct constituency and the Town serves the whole population. She believes more is going on in
separate departments than is clearly understood and there should be better coordination. She
asked what Town Government's role in community mental health should be.
Ms. Ciccolo said she is looking for better clarity on what the goals are and there should be a
community forum. It is hard at the moment to know how to be constructive. She asked for data to
explain the level of need on the community side and asked that the missing data be resolved
within the Comprehensive Plan process.
Mr. Kelley said there is no easy answer to what Town Government's role is but efforts seem
fragmented. He believes the answer starts with a community acknowledgement of responsibility.
The Selectmen and School Committee will need to work together to address the need and make a
joint commitment.
Consent A eg nda
• Approve One-Day Liquor Licenses
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day
liquor license request from Charles River Wheelers on Sunday, March 11, 2018 from 2:00 p.m.
until 6:00 p.m. for the purpose of their kickoff meeting being held at The Depot.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day
liquor license request from Deepak Das on Friday, March 16, 2018 from 5:00 p.m. until 9:00
p.m. for the purpose of the Deepak Das Art Show being held at the Munroe Arts Center.
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 Education Foundation on Saturday, June 16,
2018 from 7:00 p.m. until 11:00 p.m. for the purpose of the Celebration for Education being held
at the Hayden Recreation Center, Lower Field.
• Approve Minutes
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve but not
release the Joint Board of Selectmen and School Committee Executive Session minutes of
December 19, 2017; and January 8, 2018 Joint Selectmen and School Committee.
0 Town Celebrations Committee Request—Approve Sending Sponsorship Letter
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Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
of the Town Celebrations to send out sponsorship letters, as proposed.
• Use of the Battle Green—Lexington Fife and Drum Tattoo
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
of the William Diamond Junior Fife and Drum Corps to hold the annual Tattoo and Lexington
Muster on the Battle Green on Friday, May 4, 2018, from 7:00 p.m. to 8:00 p.m., including a
small parade from St. Brigid Parish to the Battle Green beginning at approximately 6:50
p.m. The approval will be subject to working out the details with Town staff.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at
approximately 9:26 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary