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HomeMy WebLinkAbout2019-05-06 BOS-min Selectmen’s Meeting May 6, 2019 A meeting of the Lexington Board of Selectmen was called to order at 6:35 p.m. on Monday, May 6, 2019 in the Selectmen’s Meeting Room of the Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager and Ms. Katzenback, Executive Clerk. Executive Session Upon a motion duly made and seconded, by roll call the Board of Selectmen voted 5-0 to go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining and under Exemption 6 to consider the purchase exchange lease or value of real property, Further, Mr. Lucente declared that an open meeting discussion may have a detrimental effect on the bargaining and negotiating positions of the Town. Ms. Barry recused herself from the discussion under Exemption 3 as her husband is an employee of the Town. The Board returned to open session at 7:24 p.m. Mr. Lucente made a statement to the public that in 2017 the Board of Selectmen signed an Inclusivity Proclamation. Mr. Lucente said the Board reminds our entire community that our Town leaders are committed to making Lexington a welcoming, inclusive and safe community for everyone. Public Comment Valerie Overton, 25 Emerson Garden, expressed concern about a recent racial incident. Bob Pressman, 22 Locust Avenue, stated he would like to see all people treated with dignity and respect. Selectman Concerns and Liaison Reports Ms. Hai said the Munroe Center for the Arts is hosting a Climate Change fundraiser on May 18, 2019. She stated the Permanent Building Committee’s meeting last week was a working session on the Integrated Building Design & Construction Policy. She reported on the recent the Hosmer House Reuse Study Committee meeting to hear community feedback. Mr. Pato stated he, Ms. Hai and Mr. Sandeen attended the MAGIC Legislative Breakfast on Friday May 3, 2019. He reported that the Parking Management Group (PMG) met on May 2, 2019 as a part of their continued effort to explore ways to improve the parking inventory in the town center. A working group is going to be formed to look further into to parking discount programs for seniors among other issues. Ms. Barry reported she and Mr. Malloy met with Anne Eccles, Historic Districts Commission Chair, to review the status of the Historic Districts Commission Ad Hoc Ch. 447 Revisions Study Committee. Mr. Sandeen said the Intergovernmental Panel on Biodiversity and Ecosystem Services (IPBES), a group who assesses the state of biodiversity, recently released a report stating biodiversity is declining faster than at any time in human history. Mr. Sandeen stated residents have expressed concern what impact this decline may have on the forestry in Lexington. Town Manager Report Mr. Malloy stated that a discussion regarding the Zagster Bikes will come to an upcoming Board of Selectmen meeting in order to discuss a temporary location for the Bike Share while the Visitors Center is under construction. Liquor License - Change of Manager - Lexington Mexican Restaurant Group, Inc. d/b/a Tio Juan’s Margaritas Mr. Lucente stated that Tio Juan’s Margarita’s Restaurant has submitted all the necessary paperwork to request approval for a change of manager on the All Alcoholic Common Victualler Liquor License. The proposed manager, Kevin Richardson, submitted his Alcohol Awareness Training Certificate and completed the required CORI check. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the application reflecting a change of manager and issue an All Alcoholic Common Victualler Liquor License to Lexington Mexican Restaurant Group, Inc. d/b/a Tio Juan’s Margarita’s Restaurant located at 438 Bedford Street reflecting the same. West Metro HOME Consortium Sub-Recipient Agreement Ms. Rust, Regional Housing Services, explained the agreement between the Town of Lexington and the West Metro HOME Consortium is a standard agreement which sets forth the terms and conditions under which the Member Communities will become the recipient of HOME Investment Partnership Program funding. Upon a motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the HOME Sub-Recipient Agreement as proposed; and further, to authorize the Town Manager to execute the agreement. Review of 2018 and Preview of 2019 Farmers’ Market Leslie Wilcott-Henry, Lexington Farmers’ Market (LFM) Board of Directors President, explained LFM has grown since its founding in 2005 to include three distinct markets held throughout the year: the summer market, started in 2005, the Thanksgiving FEASTival started in 2010 and the Small Yet Mighty Winter Market, started in January 2016. Ashley Wenger, LFM Market Manager provided a summary of the 2018 Farmers Market and what is coming for the 2019 Farmers Market. Ms. Wenger said the LFM summer market opening day will be on Tuesday, May 28, 2019. The market will be welcoming new vendors as well as six Lexington residents/businesses participating as farmers and vendors. The LFM will be working with a food rescue service to donate unsold food from the market to organizations working in support of those in need of food assistance. Farmers' Market Winery License Request - 1634 Meadery Mr. Lucente said 1634 Meadery has submitted all the necessary paperwork for a special license to sell wine and serve samples of wine at the Lexington Farmers' Market. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a special license for 1634 Meadery to sell wine and serve samples of wine at the Lexington Farmers' Market on Tuesdays for the 2019 season from May 28 - October 29, 2019 at the Farmers' Market grounds, Mass Avene and Fletcher Avene. One-Day Liquor License Request - Beer Garden at Discovery Day Mr. Michelson explained the Lexington Retailers Association requests a One-Day Liquor License for a Beer Garden on May 25, 2019 in a cordoned off area on Muzzey Street during Lexington Discovery Day. He explained that Berman’s liquors will supply TIPs certified servers to man the booth. Mr. Berman provided an overview of the booth setup and the procedures in place for serving the beer. Mr. Michelson stated the Lexington Retailers Association has coordinated with the Department of Public Works, Police Department, Fire Department and Town Managers Office to review event setup and permit requirements. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of a beer garden within a cordoned off area at the end of Muzzey Street at Massachusetts Avenue during Lexington Discovery Day, on Saturday, May 25, 2019 from 11:00 a.m. to 3:00 p.m. Approve and Sign Conservation Restriction and Access Parking Easement for 45, 55, 65 Hayden Avenue Ms. Mullins, Conservation Director, explained the purpose of the expanded Conservation Restriction is to assure that an additional 2.287 acre portion of the site, will be maintained in a natural, scenic, and an undeveloped condition in perpetuity for its conservation values. She said the purpose of the Access and Parking Easement is to grant a nonexclusive easement for vehicular access on, over, and across a portion of the 45-55-65 Hayden Avenue Property running from Hayden Avenue to Hayden Woods during daylight hours and for the right to park vehicles in four parking spaces located near Hayden Woods trailhead. She said the Conservation Commission, who is the Grantee, voted to accept the Conservation Restriction during their February 25, 2019 Conservation Commission Meeting and the Access and Parking Easement during their April 29, 2019 Meeting. Upon a motion duly made and seconded the Board of Selectmen voted 5-0 to approve and sign the Conservation Restriction between The Hayden Science Center Condominium Trust and the Conservation Commission. Upon a motion duly made and seconded the Board of Selectmen voted 5-0 to approve and sign the Parking and Access Easement between The Hayden Science Center Condominium Trust and the Town of Lexington. Review Finance Policy Summit Topics Ms. Barry recused herself for the discussion regarding Other Post-Employment Benefits (OPEB) as her husband is an employee of the Town. Mr. Malloy provided an overview of the agenda items for the May 15, 2019 Summit Meeting being held with the Board of Selectmen, Appropriation Committee, Capital Expenditures Committee and the School Committee. He explained the agenda will include the following topics: Current Fiscal Policies, Personal Property Tax Discussion, Other Post-Employment Benefits (OPEB), 2014 Policy Review, Proposition 2 1/2 - Discussion on the level of taxation- utilizing the maximum under Proposition 2 1/2 vs. growing excess levy capacity and Capital Expenditure Policy Discussion. Green Burial Fees Mr. Pinsonneault explained the proposal to add a Green Burial section to the Westview Cemetery Rules and Regulations and stated Green Burial fees are proposed to remain the same as the current burial fees. The Board asked to have the proposed Green Burial Policy item 2 be amended to clarify that concrete vault/liners as cited in Section VIII of the Westview Cemetery rules and regulations shall not apply to green burials. Upon a motion duly made and seconded the Board of Selectmen voted 5-0 to approve the proposed rules for Green Burials, as amended, be included as section IX in the Rules and Regulations of the Westview Cemetery; and further establishing that the fees for Green Burials will be the same as all other burial fees. Goal Setting Discussion Mr. Malloy discussed the proposal to change the format of the Board's goal setting session by using a facilitator to conduct these sessions. He explained the facilitator would hold information gathering sessions with the Chairs of the major Boards/Committees/Commissions, a separate session with the Senior Management Team and then produce an initial report that would be forwarded to the Board of Selectmen prior to the Goal Setting meeting. This report would provide the Board insight into the priorities of Boards/Committees/Commissions and the Senior Management Team to allow the Board to take these thoughts into consideration when developing the goals the Board wants to establish. Mr. Malloy explained the Shire TIF fund could be a source of funding to pay the cost to use Novak Consulting Group to perform this facilitation. General Board discussion ensued. The Board was in favor of using a facilitator for goal setting. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the proposal with Novak Consulting Group, as amended to remove the visual facilitator cost, to undertake a goal setting process as provided in their proposal and to authorize the use of the Shire TIF fund for the contract. Annual Town Meeting Recap Mr. Malloy gave the Board a summary of the Senior Management Team’s discussion related to items that were approved at the Annual Town Meeting and the Senior Management Team’s overview of where various projects and programs stand in regard to implementation. Mr. Lucente asked the Board for any recommendations that might enhance the Town Meeting process. Mr. Pato suggested there be structured support availed to Citizens who want to bring an article to Town Meeting. Ms. Barry commented that a process, such as an annual training session or a check list, could be offered to educate citizens on the process of citizen petitions. Mr. Pato said consideration should be made to scheduling an additional Town Meeting, such as a fall meeting, as a standard along with the Annual Town Meeting. Mr. Lucente said he feels motions should be ready in order for an item to be included on the warrant. Ms. Barry said it is important to address how major zoning items are brought to Town Meeting. Banner Policy Mr. Malloy asked for Board feedback on the proposed banner policy. The Board asked to have the reference to sponsorship clarified. The Board requested the policy be brought back to a future meeting after the Historic Districts Commission, Center Committee and Tourism Committee have reviewed and commented on the policy. Town Manager Appointment Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Manager's appointment of Katie Flynn as an Alternate Member of the Historical Commission. Town Celebrations Request for Use of Battle Green and Parade - Memorial Day Celebration Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of the Town Celebrations Committee for Memorial Day that includes a parade as well as ceremonies on the Battle Green, as outlined in their letter dated April 25, 2019. Battle Green Request - Lexington Lodge of Elks #2204 Flag Day Ceremony Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Lexington Lodge of Elks #2204 request to use the Battle Green for the purpose of the annual Flag Day Ceremony to be held on Friday, June 14, 2019 at 6:30 p.m. Selectmen Committee Appointments & Resignations Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Thomas O. Fenn from the Historic Districts Commission effective July 30, 2019. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Doug Lucente from the Ad Hoc Crematory Study Committee effective immediately. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Suzanne Barry to the Ad Hoc Crematory Study Committee effective immediately. Review Selectmen Liaison Assignments The Board of Selectmen reviewed the liaison assignments as proposed. The resulting list is appended to these minutes. Consent Agenda  Approve and Sign LexPride Proclamation Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the LexPride Proclamation.  Placement of Flags at Memorial Plaques on Battle Green for Memorial Day Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the placement of flags at the memorial plaques around the Battle Green in memory of the men from Lexington who perished in WWI. If approved, they would like to place their flags on the morning of Friday, May 24, 2019, and remove them the morning of Tuesday, May 28, 2019.  Approve One-Day Liquor Licenses Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One-Day Liquor License for The Dana Home Foundation to serve beer and wine at their 2019 Dana Home Foundation Awards Ceremony being held at the Lexington Community Center, 39 Marrett Road, on Wednesday, May 22, 2019 from 6:00 p.m. to 8:00 p.m. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three One- Day Liquor License for Spectacle Management to serve beer and wine in the lobby of the Cary Memorial Building, 1605 Massachusetts Avenue, at the following events: Preet Bharara Lecture, Wednesday, May 22, 2019 7:30 p.m. to 10:30 p.m.; Jake Shimabukuro, Wednesday, June 19, 2019 7:30 p.m. to 10:30 p.m.; and The Righteous Brothers, Sunday, August 11, 2019 3:00 p.m. to 6:00 p.m. Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One-Day Liquor License for The Community Endowment of Lexington to serve wine at their Grant Award Celebration being held at the Lexington Community Center, 39 Marrett Road, on Tuesday, June 11, 2019 from 5:30 p.m. to 8:45 p.m. Adjourn Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 10:16 p.m. A true record; Attest: Kim Katzenback Executive Clerk Board of Selectmen Committee Liaison/Member Assignment May 6, 2019 20/20 Vision Committee Joe Pato Bicycle Advisory Committee Joe Pato Board of Library Trustees Executive Board Joe Pato Commission on Disability Joe Pato Community Preservation Committee Joe Pato Comprehensive Plan Advisory Committee (CPAC) Joe Pato Lexington Community Coalition Joe Pato Policy Manual Committee Joe Pato Residential Exemption Policy Study Committee (Ad Hoc) Joe Pato School Master Planning Advisory Committee Joe Pato Sustainable Lexington Committee Joe Pato Tax Deferral and Exemption Study Committee Joe Pato Board of Library Trustees Executive Board Suzie Barry Council on Aging Suzie Barry Crematory Study Committee (ad hoc) Suzie Barry Design Advisory Committee Suzie Barry Fund for Lexington Board Suzie Barry Hanscom Area Towns Committee Suzie Barry Historic Districts Commission Ad Hoc Ch. 447 Revisions Study Committee Suzie Barry Lexington Housing Assistance Board (LexHAB) Suzie Barry Monuments and Memorials Committee Suzie Barry Policy Manual Committee Suzie Barry Recreation Committee Suzie Barry Youth Commission Suzie Barry Energy Conservation Committee Doug Lucente Fund for Lexington Board Doug Lucente Town Report Committee Doug Lucente Town Seal Committee Doug Lucente Battle Road Scenic Byway Committee Jill Hai Council for the Arts Jill Hai Economic Development Advisory Committee Jill Hai Grain Mill Alley Steering Committee Jill Hai Human Rights Committee Jill Hai Lexington Center Committee Jill Hai MAGIC Jill Hai Munroe Center for the Arts Board Jill Hai Special Permit Residential Development Zoning Bylaw Amendment Committee (ad hoc) Jill Hai Stone Building Feasibility/Re-Use Committee (ad hoc) Jill Hai Board of Selectmen Committee Liaison/Member Assignment May 6, 2019 Tourism Committee Jill Hai Town Celebrations Committee Jill Hai 2020 Vision Committee - ECIL (communications) Mark Sandeen Board of Health Mark Sandeen Communications Advisory Committee (CAC) Mark Sandeen Comprehensive Plan Advisory Committee (CPAC) Mark Sandeen Economic Development Advisory Committee Mark Sandeen Greenways Corridor Committee Mark Sandeen Housing Partnership Board Mark Sandeen Noise Advisory Committee Mark Sandeen Permanent Building Committee (PBC) Mark Sandeen Transportation Advisory Committee Mark Sandeen Tree Committee Mark Sandeen