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HomeMy WebLinkAbout2018-04-25 BOS-min Selectmen - April 25, 2018 Page 1 of 8 Selectmen’s Meeting April 25, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:05 p.m. on Wednesday, April 25, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai were present as well as Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. On behalf of the Board of Selectmen, Ms. Barry stated that the content of certain comments made by a Town Meeting member at the April 23, 2018 session of Annual Town Meeting is a source of serious concern. Ms. Barry stated that the Board of Selectmen is firmly committed to ensuring that Lexington is a welcoming, inclusive, and safe community. To emphasize this point, Ms. Barry read a paragraph from the Proclamation of Inclusivity, signed by the Board of Selectmen in February 2017, which states that the Town is committed to “treating all people fairly and fully embracing the unique contributions of all Lexington residents. In Lexington, we affirm that all means all people.” Public Comment Nyles Barnert, Precinct 4 Town Meeting member, expressed a Town Meeting procedural concern that he believes should be addressed so that warrant articles are either taken up in order or voted to be taken out of order. This is contrary to how articles have been scheduled. Mr. Barnert said he had no substantive problem with the current procedure, only that it violates the bylaw. He asked that an amendment be proposed so that practice and bylaw become compatible. Dawn McKenna, Tourism Committee Chair, asked that a temporary electronic sign be moved from its current location in front of the Old Soldiers Memorial. Ms. McKenna acknowledged that information must be communicated to residents and those who travel through the town but, in her view, the erection of a sign in this location violates the Battle Green Master Plan. She asked to established a time to discuss with the Chair the overall use signage and the processes approved by prior Boards of Selectmen that she believes are not being followed. Mr. Valente said he would check with the Department of Public Works to determine why the sign was erected in that location, how long it might be there, and whether there are other options. He will forward the responses to the Board via email. Selectmen Concerns and Liaison Reports Mr. Pato reported that the Getting to Net Zero Task Force expects to complete its meetings tomorrow and will make a presentation to the Board of Selectmen in the near future. Ms. Barry thanked and congratulated all who played a role in Annual Town Meeting 2018, which has now ended after 7 sessions and 22 ½ hours of business. Mr. Valente reported that ATM 2018 authorized a quarter of a billion dollars in expenditures. Approve LIP Application for Wright Farm Affordable Unit Selectmen - April 25, 2018 Page 2 of 8 Liz Rust, Regional Housing Services Office, and Bill Kennedy, LexHab Chair, reviewed the 40B application for a single unit of affordable housing at Wright Farm/241 Grove Street. Town Meeting approved the acquisition of this property in 2016 at which time the house was expressly designated for affordable housing. Because the lot is non-conforming, it must receive zoning relief via 40B. LexHab is now fielding construction estimates, a process which is occurring in parallel to the 40B application. Once zoning relief is approved, the site plan can be recorded and the project can progress. Mr. Lucente asked when the unit will become available and part of the affordable housing inventory. Mr. Kennedy expects the project to be completed by the end of 2018 or the beginning of 2019; the schedule identifies the summer of 2019 as the project completion timeframe. Ms. Ciccolo asked what entity would monitor the property and find replacement tenants as needed. Ms. Rust said the property manager will be responsible for finding new tenants, just as with all other LIP units, but LexHab will perform the day-to-day property management. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Town Manager to sign the Local Initiative Program Application for a Comprehensive Permit for the 241 Grove Street/The Wright Farm affordable housing project. Grant of Location for Pole Attachment at 277 Wood Street Ms. Barry opened the Public Hearing on this matter at 6:18 p.m. Michael Dolan, Attorney, Brown Rudnick; and David Ford, Site Acquisition Leader, Centerline Communications, presented a petition on behalf of AT&T to install an attachment to a utility pole in the Town’s right of way at 277 Wood Street. The request is being made to address rapidly increasing demand on the network. The attachments of a small cell site will be installed using standard commercially accepted methods in accordance with all applicable federal, state and local laws and regulations. The proposed attachment will be maintained by Eversource. The apparatus consists of an antennae two-feet long and ten inches in diameter, and a small equipment cabinet attached to the pole. Mr. Rudnick noted a typo on the drawings sent to the Selectmen that have been corrected to indicate that the attachment to the pole will be three feet higher than what was shown. Mr. Pato noted that the pole in question has a 15-degree slant that seems worrisome, particularly if more weight will be added to the top. Mr. Rudnick assured the Board that a rigorous structural analysis is mandated by Eversouce before equipment can be added to a pole. Ms. Barry observed that the petition before the Selectmen is for only one pole but the letter to the Board cites three separate locations. Mr. Dolan said that one of other poles is on private land and usage rights must be secured and the ownership of the other pole location is now being investigated; one pole is at 45 Bedford Street near the Fire Station and the other is at 153 Hartwell Avenue. Petitions for these other locations will be submitted once the ownership matters are cleared up. Ms. Barry asked that a map of the locations be attached to the letter already received. Selectmen - April 25, 2018 Page 3 of 8 Ms. Ciccolo asked if any notified abutters submitted comments about the petition. Ms. Rudnick and Mr. Valente said no comments have been received; Ms. Barry said Ms. Katzenback has not alerted her to any comments received by the Selectmen’s office. Victoria Buckley, 18 Bates Road, is an abutter to the pole location. She asked the petitioners to describe the dimensions of the apparatus to be added and to specify how much noise will be emitted. Ms. Buckley added that she shared Mr. Pato’s concern about the slant of the pole. Mr. Ford said the pole height will be extended from 24 feet to 27 feet because of the mounting and antenna; the equipment cabinet and submeter are attached to the side of the pole, one at the height of 8 feet and the other at the height of 12 feet. Mr. Rudnick said noise from a small fan will not be detectable from any of the abutting homes; the apparatus is noise bylaw compliant. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the grant of location for installing an attachment to a pole in the right of way at 277 Wood Street. Ms. Barry closed the Public Hearing at 6:27 p.m. Selectmen—Committee Appointments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Steve Poltorzycki as a member of the Council for the Arts for the unexpired term ending September 30, 2018. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Sara Bothwell Allen as a member of the Ad Hoc Residential Exemption Policy Committee. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint current Associate Member Paul O'Shaughnessy to a Full Member position representing the Lexington Arts & Crafts Society to the Historic District Commission for the unexpired term ending December 31, 2018. Approve Limousine License Renewals Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application and issue (2) renewed Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street and (1) renewed Limousine License for R&M Ride, 24 Deering Avenue. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application and issue (1) renewed Limousine License to Fusco Enterprise, LLC d/b/a Back Bay Sedan, 37 Woburn Street, pending an inspection scheduled to be performed April 25, 2018. Town Manager Re-appointments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three Town Manager's re-appointments: Debra Hankins and Joseph Hankins to the Youth Commission for terms to expire April 30, 2021; Dr. Burt Perlmutter to the Board of Health for a term to expire April 30, 2021; and Nancy Shepard and Archana Singhal to the Community Center Program Selectmen - April 25, 2018 Page 4 of 8 Advisory Committee for terms to expire May 30, 2020. All ethics training is up to date with the exception of Ms. Shephard whose appointment is contingent upon ethics training completion. Authorize Town Manager to Sign Procurement Card Agreement Carolyn Kosnoff, Assistant Town Manager for Finance, asked the Board of Selectmen to approve a procurement card agreement migration of business from US Bank to the Bank of Montreal and to authorize the Town Manager to sign the agreement. Procurement cards are used by Town staff to facilitate the processing of certain transactions, such as travel expenses for the Schools; cards are not used for everyday expenses or when a purchase order is possible/appropriate. The current contract with US Bank is ending in the summer of 2018. The new agreement would carry a 5-year term. US Bank is no longer an approved institution in the government purchasing alliance to which Lexington belongs; Bank of Montreal is the only vendor available that has been fully vetted. Mr. Lucente said it struck him as odd that Lexington would use a non-US bank but he otherwise has no objection to the new vendor. David Kanter, Precinct 7 Town Meeting member, asked how many cards are in circulation and what the standard practice is for reviewing the expenses that are charged against the cards. Additionally, is there any loss or gain attributed to switching vendors. Ms. Kosnoff said approximately 100 cards are out at any given time, spread between Town and School. Each card has a designated department head; each month, all of the receipts must be turned in and the department head must make sure the account tallies correctly. There is also a second review: on the School side, card use is reviewed by the finance manager; on the Town side, use is reviewed by the Comptroller. As part of switching vendors, staff will be review policies and possibly tightening up some controls. The Town gets a rebate on card purchases which is tied to the amount spent. Ms. Kosnoff believes that last year $30,000-$40,000 was received. The rebate rate from Bank of Montreal is somewhat more beneficial than from US Bank. Dawn McKenna, Precinct 6 Town Meeting member, said she is also troubled that the bank is not a US institution. She asked the Board to consider going outside the consortium for procurement so that the Town can contract with domestic, perhaps local, institutions. She asked if a fluctuating exchange rate would have any effect. Mr. Valente said that the current contract elapses on July 1. The Town has never used local procurement institutions because only national banks are eligible to participate. Mr. Pato noted that the Bank of Montreal arm Lexington would deal with is based domestically, in Chicago. Ms. Kosnoff does not believe that exchange rates would have any bearing on the expenses or the rebates. She noted as well that Lexington has not been thoroughly pleased with US Bank’s customer service. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the following resolution: Selectmen - April 25, 2018 Page 5 of 8 WHEREAS it is in the best interest of the Town of Lexington to enter into an arrangement with the Bank of Montreal, a Canadian chartered bank with a branch at 115 South LaSalle Street, Chicago, IL 60603 to provide the Town of Lexington with credit by way of a Corporate MasterCard account; WHEREAS the Town of Lexington has the power and authority to borrow money and otherwise obtain credit and to grant security on its assets; BE IT RESOLVED: 1. THAT the Town of Lexington is authorized to enter into an arrangement with the Bank to provide the Town of Lexington with credit by way of a Corporate MasterCard account. Under which arrangement employees of the Town of Lexington may be issued with Corporate Cards on the MasterCard corporate account of the Town of Lexington with the Bank and the Town of Lexington shall be responsible for the payment of all amounts, including fees and interest, charged to such corporate account, the whole substantially on the terms and conditions set forth in the draft Corporate MasterCard Account Agreement submitted to and hereby approved by the directors; 2. THAT the Town of Lexington Town Manager Carl F. Valente is hereby authorized to sign for and on behalf of the Town of Lexington a Corporate MasterCard Account Agreement with the Bank of Montreal substantially on the terms and conditions of the draft thereof approved by the directors, with such changes or modifications as the person so signing may in his/her sole discretion deem appropriate, and to sign such other documents and do such other things he/she in his/her sole discretion deem appropriate or advisable in connection with or to give effect to such Corporate MasterCard Account Agreement and the program contemplated thereunder. Accept Bus Shelter Easement—Beth Israel Deaconess, 482 Bedford Street Mr. Valente reported that the installation of a bus shelter at 482 Bedford Street, in front of Beth Israel Deaconess Medical Center, Inc., required the Town to receive easements from MassDOT and Beth Israel Deaconess. He asked the Board to accept the Beth Israel easement document, noting that the shelter has been installed for some time, even though the paperwork has lagged. Beth Israel is responsible for maintaining of the shelter. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the Acceptance of an Easement from Beth Israel Deaconess Medical Center for land and improvements located at 482 Bedford Street to construct a bus shelter as a public amenity upon a portion of the Property adjacent to Bedford Street. Future Meeting Dates The Board reviewed Selectmen meeting dates for the period of May to December 2018. Two meetings have been added from the previous version of the chart: Monday, September 24 and Monday, October 22. Both additions are in anticipation of a Special Town Meeting in Selectmen - April 25, 2018 Page 6 of 8 November. A Summit meeting will potentially be added on Thursday, June 14 to discuss the School Master Planning Committee; Lexington High School Science Lab facilities; and possibly adding discussion of an indoor swimming pool facility. The date will be confirmed once all committees have indicated their availability. Ms. Barry said that Special Town Meeting is being targeted for Tuesday, November 13. 2018 and may be three days in duration. Review and Approve Letter to Department of Energy Resources Regarding Solar Regulations Mark Sandeen, Chair of the Sustainable Lexington Committee, said that solar panels with energy storage capacity are planned for the roofs and parking lots of the new Hastings Elementary School and the new Lexington Children’s Place. Noting pending Department of Energy administrative decisions regarding solar storage, Mr. Sandeen asked the Selectmen to consider signing a letter intended to encourage the agency to maximize the value and capacity of solar generation and storage. All Selectmen supported the signing letter. Ms. Hai asked if any further steps should be taken. Mr. Sandeen reported that Mr. Valente has agreed to forward the letter to the Massachusetts Municipal Association because other towns are facing similar concerns. At Ms. Ciccolo’s suggestion, thee letter will also be forwarded to the Metropolitan Area Planning Council. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the letter to the DOER regarding energy storage administrative procedures. Consent Agenda  Approve and Sign Proclamations Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation naming May 20-26, 2018 National Public Works Week. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation naming May 13-19 National Police Week/Peace Officer Day.  Approve and Sign Eagle Congratulations Letter—Ryan Christopher Davy Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a letter of commendation congratulating Ryan Christopher Davy for attaining the highest rank of Eagle in Boy Scouting.  Approve One-day Liquor Licenses Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Munroe Center for the Arts request for a One-Day Liquor License to serve wine at the Lexington Open Studies event being held at 1403 Massachusetts Avenue on Sunday, April 29, 2018 from 5:00 p.m. to 7:00 p.m. Selectmen - April 25, 2018 Page 7 of 8 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Lexington Historical Society request for a One-Day Liquor License to serve beer and liquor at the Wicked Revelry theatrical performance being held at the Depot, 13 Depot Square on Saturday, May 5, 2018 from 7:00 p.m. to 10:00 p.m. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Lexington BBQ Festival request for three (3) One-Day Liquor Licenses to serve to serve beer and cider at their event located on the Farmer's Market Fairgrounds at the intersection of Massachusetts Avenue and Fletcher Avenue as follows: Friday, June 1, 2018 from 4:00 p.m. to 7:30 p.m.; Saturday, June 2, 2018 from 11:00 a.m. to 7:00 p.m. Sunday, June 3, 2018 from 12:00 p.m. to 4:00 p.m.  Use of Battle Green—Educational Travel Consultants Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Educational Travel Consultants request to use the Battle Green for a choir performance by Henderson High-School on Sunday, April 29, 2018 from approximately 10:30 a.m. to 11:30 a.m.  Sign Inn at Hastings Park Corrected 2018 Liquor License (Scrivener’s Error) Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign a corrected Liquor License for the Inn at Hastings Park to accurately reflect the expiration date of December 31, 2018.  Approve Minutes Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes of February 7, 2018 from a Joint meeting of the Board of Selectmen and the School Committee. Upon motion duly made and seconded the Board of Selectmen voted 5-0 to approve but not release the Executive Session minutes of March 3, 2018 from a Joint Meeting of the Board of Selectmen and the School Committee.  Approve Releasing Executive Session Minutes 2009 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to release the Executive Session minutes from January 5, 12 and 26, 2009; February 9 and 23, 2009; March 2, 9 and 19, 2009; April 27 and 29, 2009; May 4, 6 and 18, 2009; June 8 and 22, 2009; July 13, 2009; August 31, 2009; September 21 and 29, 2009; October 19, 2009; November 2, 3, 9, 12, 23 and 30, 2009; and December 14, 2009  Approve Request for Water & Sewer Deferral Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a Water & Sewer deferral granted by the Board of Assessors on April 12, 2018 for FY2018 for 42 Solomon Pierce Road. Adjourn Selectmen - April 25, 2018 Page 8 of 8 Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 7:02 p.m. A true record; Attest: Kim Siebert Recording Secretary