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HomeMy WebLinkAbout2018-06-25 BOS min 06/25/2018 – Selectmen’s Meeting Page 1 of 10 SELECTMEN'S MEETING Monday, June 25, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Monday, June 25, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo (late arrival); and Ms. Hai were present as well as Mr. Valente, Town Manager; Ms. Siebert, Recording Secretary. Mr. Lucente was absent. Selectmen Concerns and Liaison Reports Ms. Barry asked Board members to update the office calendar with vacation dates to facilitate meeting scheduling. Ms. Barry reminded Board members, in their liaison roles, to report relevant Town committee developments during the “Selectmen Concerns and Liaison Reports ” portion of Selectmen’s meetings. Ms. Barry invited the Lexington community to a retirement party in honor of Town Manager Carl Valente that will take place on Thursday, August 2, 2018 from 4-7 p.m. in Battin Hall of the Cary Memorial Building. Liquor License— Change of Management— Bertucci’s All the necessary paperwork has been submitted for a change of manager on the All-Alcoholic Common Victualler Liquor License for Bertucci's Restaurant Corporation d/b/a Bertucci's Brick Oven Ristorante. The proposed manager, James Ross, has submitted an Alcohol Awareness Training Certificate and completed the required CORI check. Mr. Ross reported that although the Bertucci’s Corporation filed for bankruptcy several months ago, the Lexington location has signed a new lease, expiring in 2023, and the new corporate owner, Robert Earl of Earl Enterprises, intends to bring back much of the original menu. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the application reflecting a change of manager and issue an All Alcoholic Common Victualler License to Bertucci's Restaurant Corporation, d/b/a Bertucci's Brick Oven Ristorante, 1777 Massachusetts Avenue. Town Manager Search Update Alan Gould, Buzz Stapczyncki, and Liz Menzinger of Municipal Resources, Inc. (MRI) provided a status report of the search to hire Mr. Valente’s successor. To date, MRI has interviewed each member of the Board of Selectmen and met with a variety of stakeholders: the Screening Committee; the Senior Management team; each Assistant Town Manager; a group of Town employees; representatives from each of the Town boards and committees; and Former Selectmen and Town Meeting members. A community “listening session” has been held. The deadline for candidate applications is July 9, 2018. So far, 13 candidates have applied but Mr. Gould believes the bulk of the resumes will come in during the last week of the application 06/25/2018 – Selectmen’s Meeting Page 2 of 10 period and that many of those will be “high-quality candidates”, gleaned from MRI’s direct recruitment efforts. So far, the majority of candidates hail from Massachusetts but some are from Connecticut, California, Florida, and Washington, DC. Most are current Town Managers/Administrators but some have backgrounds in banking/finance or the military. The Screening Committee will begin interviews on August 15, 2018. In order to keep to the strict time line, Mr. Gould asked that the MRI team be allowed to work with Ms. Barry (as Chair) to finalize candidate essay questions to be ready for distribution on July 9. He stipulated that it is not possible to discuss the questions in Executive Session and not advisable to discuss them in open session. The Board made edits to the 8-page community profile and candidate statement document. Once the revised document has been prepared, it will be mailed to all current applicants, posted on the MRI website, and used as a direct recruitment tool. Board members had no objection to Ms. Barry working with MRI on the essay questions but Ms. Hai proposed that the Chair of the Screening Committee, or another designated member, be included so as to fully engage that group. Mr. Gould said this would be fine as long as the process is not delayed. Mr. Pato said he, too, is sensitive to the timing but he would be comfortable with Ms. Barry making the determination for how to proceed. Ms. Barry said she would reach out the Committee Chair, Mr. Kelley, to see if he or another member is available to work within the timeline. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve the Community Profile, Candidate Profile and Challenge Statement document, subject to coordinating additional non-substantive edits with the Chair, to be posted on Municipal Resources Inc. recruitment website. Approve and Sign Manor House Regulatory Agreement As part of the Manor House condominium project, located on Woburn Street near Lowell Street, the developer is required to provide six affordable units for sale. The terms of this affordable housing agreement are stipulated in the Local Initiative Program (LIP) regulatory agreement, which requires approval by the Board of Selectmen. The affordable units are to be sold at prices specified in the regulatory agreement to persons or households with incomes at or below eighty 80% of the regional median household income. Liz Rust, Regional Housing Services Office, presented information about the agreement, noting for the record that she also directs housing lottery work for the Sudbury Housing Trust, the agent for this project. Her dual role in this effort has been documented and filed with the Town Clerk. The affordable units are now being constructed; the housing lottery has been held, and the buyers are ready to move in once the units are completed. The units will have perpetual deed restrictions that protect affordability going forward. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve and authorize the Town Manager to sign the Local Initiative Program - Regulatory Agreement and 06/25/2018 – Selectmen’s Meeting Page 3 of 10 Declaration of Restrictive Covenants for Ownership, for the Manor House of Lexington, located at 2 Manor Terrace. Bicycle Advisory Committee Update Peggy Enders, Chair of the Bicycle Advisory Committee, briefed the Board regarding Lexington’s second bronze level Bicycle Friendly Community award and the upcoming plans for the 25th Anniversary of the Minuteman Bikeway. Ms. Enders said the award, bestowed by the League of American Bicyclists, has become more important over time with growing interest in bicycling as a form of recreation and transportation. The Bike Friendly program provides a roadmap for education and advocacy for bicycle use. th Lexington is one of 450 US communities to receive the award; Massachusetts ranks 4 in the nation for bike friendliness. Ms. Enders said higher-level awards (Silver and Gold) are harder to achieve because the League of American Bicyclists is pushing for communities to do more to encourage bicycling. She noted that MIT Lincoln Labs in Lexington as awarded the Gold-level award for accommodating bicycle commuters. The “steps to silver”, as outlined by the League’s Report Card, identify these areas that Lexington should focus on:  Expand and improve bicycle infrastructure, particularly through protected lanes or separated shared-use paths;  Continue to increase quality bike parking;  Improve/expand Safe Routes to School program in all schools but particularly at the middle school level;  Expand bike education information for adult bicyclists and motorists;  Improve data collection and enforcement of road-sharing rules, particularly those that are likely to protect from injury;  Follow through on the creation of a Bicycle Master Plan by dedicating staff and resources to the effort;  Create a bicycle count program. \[Ms. Ciccolo arrived at this point in the meeting.\] Ms. Enders said the above information will be given to the Planning Department for use in the formulation of the Comprehensive Plan. The Report Card will also be posted on the bikeleague.org website. Ms. Enders presented the Bronze Award to the Selectmen, asking that it be framed and displayed, as was the previous bronze award. Ms. Enders said, even working with Town staff, it took about 2 months to complete the detailed Bike Friendly Award application. The Selectmen thanked Ms. Enders for her efforts. Mr. Pato said he would like to see improvements to the biking infrastructure and culture that would alleviate some of the traffic congestion. Ms. Ciccolo said she is happy with the bronze award but hopes to raise the status to silver as the Selectmen pursue their stated goal of achieving greater bicycle and pedestrian safety. Ms. Ciccolo added that the level of crashes involving bicycles, 06/25/2018 – Selectmen’s Meeting Page 4 of 10 904, seems alarmingly high; Ms. Enders believes the number is calculated by a method that leads to high crash estimations. th The 25Anniversary of the Minuteman Bike Path will be held on Saturday, September 29, 2018 (rain date Sunday, September 30, 2018); all three Minuteman Bikeway towns will participate. Arlington, Bedford, and Lexington’s Bicycle Advisory committees are collaborating with each other and with various groups in the towns. In Lexington, the Bicycle Advisory Committee is working with the Munroe Center for the Arts, the Tourism Committee, the Retailers Association, the Historical Society, Cary Library, and the Visitors Center to host a party on the Visitors Center’s lawn. Other activities on the bike path may include a “whistle stop” tour for dignitaries, such as the Selectmen and/or Governor Baker. There will be “meet and greet” opportunities in each of the towns as well as refreshments. Ms. Enders asked that the Selectmen consider acting as official “welcomers” and Masters of Ceremony. The full range of activities is still under consideration but Ms. Enders said the festivities on the Visitors Center lawn will look similar to th the celebration held in 2008 when Lexington received the award for being the 5town named to the Rail Trail Hall of Fame. Approvals requested from the Board of Selectmen include: 1) official support and recognition for “Minuteman Bikeway Day”, perhaps in the form of a proclamation; 2) permission to host ArtsOffRoad visual arts and music events in nine locations alongside the Lexington section of the trail; 3) approval to participate in the “Haiku Along the Bikeway” project being led by Arlington. Ms. Enders noted, with regard to the haiku, that DPW Director Dave Pinsonnault has yet to decide whether temporary paint can be used on the bikeway surface. Ms. Enders said she would be back before the Selectmen for permission to post promotional lawn signs. Mr. Pato said he is aware the Bike Committee has been trying to recruit volunteers for the event and he would be happy to be one of them. Mr. Pato and Ms. Barry asked that fundraising efforts be done under the umbrella of the Friends of the Minuteman Bikeway; Ms. Enders confirmed this was how fundraising we being handled. Ms. Barry asked that abutting residents be informed in advance about the musical events. She asked Ms. Enders to contact the Selectmen’s Office with event requests going forward. Ms. Ciccolo asked Ms. Enders to consider including a children’s decorate-your-bike/bike parade. Ms. Enders agreed and said she hopes to have the Police provide a bike safety event geared toward children. th Ms. Hai said she is happy to see the 25 anniversary banners now on display and plans to participate on the day of the event. Ms. Enders thanked Assistant Town Manager for Development Carol Kowalski for her assistance in having the banners installed. Ms. Barry also recognized the DPW staff who worked overnight to hang the banners. Update from Residential Exemption Policy Study Ad Hoc Committee As Selectman liaison, Mr. Pato extended his thanks to the members of the Residential Exemption Policy Study Ad Hoc Committee: Mark Andersen, Chair; Sara Bothwell Allen; Vicki Blier; Howard Cloth; Katie Cutler; Thomas Whelan; and John Zhao. Mr. Anderson provided an update 06/25/2018 – Selectmen’s Meeting Page 5 of 10 on the Committee’s progress, asked for Selectmen input, and requested an extension of the Committee’s work timeline. Mr. Andersen specified that a residential exemption would be revenue-neutral and that it is, in essence, a tax-shift benefitting owner-occupied properties. The Committee began its work in February 2018 by revisiting the work of the previous tax exemption ad hoc working group. Since February, the Committee has surveyed an applicable residential property; discussed implementation by the Assessors’ Office; gathered information from other communities; explored (to a degree) the means-tested senior tax exemption aka the Sudbury Model; and held a public hearing to gather input on May 29, 2018 that was attended by 19 people. Attendees expressed a range of opinions, from strong support to skepticism that the exemption would have a meaningful impact. Questions about implementation and policy-setting were asked. One dilemma the Committee encountered was choosing an exemption percentage (0-35%) for modeling purposes. A “modest” percentage of 10% was chosen; while the committee did not want to inflate expectations, Mr. Andersen noted that a higher a percentage would have increased the benefit calculation. The list of tasks the Committee still needs to perform includes:  Continue to discuss/come to consensus on second-order effects of implementing residential tax exemption, such as migration (will people leave Lexington because of it); housing affordability; development; Town budget impacts, New Growth;  Study further the means-tested “Sudbury” senior exemption model;  Survey residents;  Consult experts;  Study empirical data;  Hold a public meeting re: Sudbury model;  Deliver final report to the Selectmen. The Committee asked the Selectmen to:  Ratify the Committee timeline though the end of the current calendar year;  Provide input into the community survey process;  Endorse the direct comparison of means-tested Senior exemption versus Residential Exemption;  Revisit, but not necessarily alter, the Committee charge. On a related note, Mr. Andersen observed that the concept of homeownership has come under question in recent years, particularly for millennials. If the tax exemption favors homeownership, but homeownership is a less desired societal goal, the Committee questions the long-term efficacy of applying such a policy. Ms. Hai said she believes the residential tax exemption policy holds great potential to help residents. She is intrigued what an evaluation of the Sudbury model might show and believes it important to examine whether an exemption would have an impact on migration. She supports the extended timeline. 06/25/2018 – Selectmen’s Meeting Page 6 of 10 Ms. Ciccolo agreed that extending the timeline would be productive and helpful. She would also like to see a comparison of the two exemption models. She is concerned that the exemption would pit one group against another and that it might have the effect of making non-fixed rents more expensive. Ms. Ciccolo wants to make sure the Town understands why seniors decide to leave, rather than try to solve the wrong problem. Ms. Barry also agreed to extend the timeline, beyond the end of the year if necessary, but the committee charge will have to be amended. She asked Mr. Andersen to work with Mr. Pato to craft the necessary text. Ms. Barry also supported delving into the means-tested model. Mr. Pato applauded the even-handed and diligent approach taken by Committee to grapple with the questions before them. For the purpose of clarity, he noted that the exemption would improve matters for some at the expense of others. The language of the Sudbury model is now being amended; once it is, Lexington will take a closer look at it. He agreed that bringing in experts to provide education on this complex issue is commendable and advisable. Ms. Ciccolo and Ms. Barry suggested that the survey of residents would be done in conjunction with another survey effort. Mr. Andersen agreed this would be for the best. Various possibilities were discussed, such as the Council on Aging, the Council on the Arts; the Comprehensive Plan; and the Vision 20/20 Committee. Mr. Pato noted if the survey is to be mailed to a wide audience, funding will most likely be needed. Approve Year-End Budget Transfers Carolyn Kosnoff, Assistant Town Manager for Finance, presented year-end FY18 budget transfer requests: Salary Adjustments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to transfer $601,330 from the salary transfer account to the fire suppression regular wages account as appropriated by a vote of the Annual Town Meeting. Ms. Barry recused herself on the next vote as her husband is employed by the Lexington Police Department. Ms. Ciccolo assumed the role of Chair. Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to transfer $1.020,000 from the salary transfer account to the Police administration regular wages as appropriated by a vote of the Annual Town Meeting. Ms. Barry returned to the role of Chair. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to transfer $25,000 from the salary transfer account to Comptroller overtime as appropriated by a vote of the Annual Town Meeting. Revolving Funds 06/25/2018 – Selectmen’s Meeting Page 7 of 10 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to increase the Senior Services Revolving Fund by $10,000. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to increase the PEG Access fund by $10,000. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to increase the Visitors Center Revolving Fund by $13,000. End of Year Transfers Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to transfer $29,502 to Fire Suppression Overtime account from a combination of Fire Suppression Professional Development and EMS Small Equipment. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to transfer $10,000 from the Comptroller Overtime budget to the Assessor Legal Expenses to support an Appellate Tax Board (ATB) case that is scheduled for July 17, 2018. David Kanter, Precinct 7 Town Meeting member, asked how much remains in the Transfer account after all the transfers have been subtracted. Ms. Kosnoff said the amount, is about $1M. Ms. Kosnoff said the $106,000 Reserve Fund Transfer to the Facilities budget for the School Master Plan, as discussed at the June 14, 2018 Summit meeting, has yet to come before the Appropriations Committee. If the Appropriations Committee does not support the School Committee’s request for this transfer, the funding will be taken from the FY18 School Operating budget. Decision to Rescind MGL 59, Section 2D, Assessment of New Construction Mr. Pato noted that this item has been before the Board on several occasions. Action was deferred to allow time for public comment. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to rescind its vote of December 1, 2003 to reject the provisions of Massachusetts General Law Chapter 59, Section 2D and make those provisions applicable in the Town for fiscal years that begin on or after July 1, 2018. Review Extension of Munroe Center of the Arts License Agreement Mr. Valente stated that the Town first entered into a license agreement with the Munroe Center for the Arts (MCA) in 2008. The agreement must be extended each year by the expiration date of June 30. Before extending the agreement, Mr. Valente is seeking comments, particularly as they relate to the license rental payment of $2000 per month which has not increased since 2008. Mr. Valente noted that there have been two large capital improvements at the Munroe Center: a roof replacement and windows replacements. The roof replacement was paid for by the Center through a temporary rent increase; the windows will be paid for through Community Preservation funds. 06/25/2018 – Selectmen’s Meeting Page 8 of 10 Ms. Hai, the Selectmen liaison to the Munroe Center for the Arts, said that the community places a high value on the arts. She believes the rent charged the Munroe Center to be comparatively more than the nominal amounts other towns charge their arts groups for use of town-owned spaces. Additionally, MCA covers building maintenance, such as the roof, wiring, and insulation. Mr. Pato said he is proud that Lexington supports the arts in a town-owned space; he is comfortable with the rental rate. Ms. Barry asked how long the lease is. Mr. Valente said the lease is one year/renewable; the alternative would be an RFP which would allow a lease as long as 5-years. Ms. Ciccolo said she is comfortable with the rent amount but suggested it might be advantageous to the Munroe Center to have a longer lease, especially since it pays for building maintenance expenses. Christina Burwell, Executive Director of MCA, said she believes the Munroe Center to be good tenants that have contributed substantially to building improvements including the new roof, a new parking lot, ice dam protection/heat wiring, duct work removal, insulation, and regular maintenance. She believes the Munroe Center is at the heart of the potential for an expanded creative economy in Lexington. “The arts make everything better” and provide opportunities for cross-collaborations and stress reduction. Dawn McKenna, Tourism Committee Chair, noted there are 71 individual art studios in Lexington and that the arts, as one of Lexington’s attractions, should be the topic of a broader community conversation. In the meantime, she urged the Selectmen to continue the rental agreement for another year and agreed that a longer-term lease might be advantageous to MCA. David Kanter, Precinct 7 Town Meeting member, asked if there is a legal restriction on how long the license agreement can extend. Mr. Valente said that licenses are generally supposed to be “short term,” although the length is not defined. Opening up the license to the RFP process would potentially lead to competition for the space that might not be advantageous to MCA. The consensus was reached that the license for MCA be extended with the same terms for another year, ending on June 30, 2019. Approve Memorandum of Agreement with Lexington Public Employee Committee Ms. Barry recused herself for this item as her husband is employed by the Town. It was noted that the Board of Selectmen and School Committee previously discussed and approved this matter on April 9 in Executive Session. The Town has reached an agreement with the Employee Health Insurance Committee (municipal, school, retirees) to continue the existing agreement for another three years. The only substantive change is a reopener clause (section 23) should the Group Insurance Commission eliminate any health insurance plans during the term of this agreement. 06/25/2018 – Selectmen’s Meeting Page 9 of 10 Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve and authorize the Town Manager to sign the Memorandum of Agreement between the Town and the Lexington Public Employee Committee, dated April 13, 2018. Reporting Structure for Public Information Officer and Town Clerk’s Office Mr. Valente proposed a two-part revision to the organization of the reporting structure for the Public Information Officer and Town Clerk's Office: 1) that the Public Information Officer (new position) be part of the Town Manager's Office; and 2) that the Town Clerk's Office report directly to the Town Manager's Office (with the Town Clerk directly reporting to the Assistant Town Manager), effective July 1, 2018. Section 9b of the Selectmen-Town Manager Act requires Board approval of departmental organization changes. With the recently expanded responsibilities of the Information Technology Department, it is no longer advantageous for the Town Clerk's Office to report to the Chief Information Officer. Currently, the Town Clerk's Office works closely with the Town Manager's Office on matters such as Town Meeting, public records/information requests, and board/committee/staff training on Open Meeting law matters. Ms. Barry asked if the payroll for IT would remain under the Town Clerk or shift to another department. Ms. Valente said this has not been determined. Town Clerk has offered to continue to do the job. Mr. Pato, Ms. Ciccolo, and Ms. Hai supported the reorganization as described. David Kanter, Capital Expenditures/Precinct 7 Town Meeting member, highly endorsed the changes. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Town Manager's reporting structure for the Public Information Officer and Town Clerk's Office. Selectmen—Committee Appointments Upon motion duly made and seconded, the Board of Selectmen voted 4-0 re-appoint Police Chief Mark Corr as Keeper of the Lockup for a one-year term ending June 30, 2019. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 re-appoint Kim Katzenback as Executive Clerk/Office Manager to the Board of Selectmen one-year term ending June 30, 2019. Consent Agenda  Approve Minutes Upon motion duly made and seconded, the Board of Selectmen vote 4-0 to approve and release the Board of Selectmen meeting minutes of May 2, 2018; May 7, 2018; May 10, 2018; May 18, 2018; May 21, 2018; May 29, 2018; May 30, 2018 and the minutes of the Joint meeting with the 06/25/2018 – Selectmen’s Meeting Page 10 of 10 School Committee, May 7, 2018; and to approve but not release the Executive Session minutes of May, 7, 2018. Mr. Pato confirmed that substantive revisions he asked to be made were applied to the minutes of May 21, 2018. The changes dealt with the inclusion of his stated preference that non-profit organizations be considered as potential funders for the new Visitors Center. Executive Session—Exemption 3 Collective Bargaining Update—Police Superior Officers Ms. Barry recused herself from the Executive Session because her husband is a Police Officer. Ms. Ciccolo assumed the role of Chair. Upon motion duly made and by roll call, the Board of Selectmen voted 3-0 to enter Executive Session at 8:24 p.m. under Exemption 3: Collective Bargaining Update—Police Superior Officers to discuss strategy with respect to salary increases for the Police Superior Officers and to reconvene in Open Session only to adjourn. It was declared that an open meeting discussion may have a detrimental effect on the negotiating position of the Town. Adjourn Upon motion duly made and seconded, the Board of Selection voted 3-0 to adjourn at 8:48 p.m. A true record; Attest: Kim Siebert Recording Secretary