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HomeMy WebLinkAbout2012-01-BOS-minSelectmen’s Meeting January 9, 2012 A regular meeting of the Board of Selectmen was held on Monday, January 9, 2012 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz reminded everyone that Monday, January 16, is Martin Luther King Day and it is celebrated in Lexington with a march and ceremony on Sunday, January 15 beginning at 1:30 p.m. on the Battle Green. Grant of Location – National Grid – Oak Street Mr. Regan explained this request was to install 4 inch gas main in Oak Street from the existing 4 inch at Massachusetts Avenue to Mohawk Drive. A street opening permit will be required prior to excavation. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for Oak Street for National Grid to install and maintain approximately 850+ feet of four inch gas main in Oak Street. Ms. Loewenberg, 40 Oak Street, is concerned where and how the gas main would be installed and whether residents would be able to hook into it. The Selectmen will put her in touch with Engineering and National Grid representatives to answer her questions. Flammable Storage Hearing – New License – 3 Forbes Road Mr. Farrington, an Attorney representing 3 Forbes Road, requested approval of a new Flammable Storage License for the new parking garage at 3 Forbes Road. Lt. Tremblay, Fire, stated that the request has been reviewed and approved by the Fire Department. Upon motion duly made and seconded, it was voted 5-0 to approve a new Flammable Storage License for HBCI, LLC as Trustee for 3 Forbes Realty Trust, for the aboveground storage, operation and maintenance of 4,005 gallons of Class 1 flammable solids at 3 Forbes Road. Community Center Task Force Ms. Hussong, Chair of the Community Center Task Force, presented an interim report about the concept of a community center, including recommendations, to serve the intellectual, physical and social needs of seniors, other adults, teens and youth in Lexington. Selectmen’s Meeting – January 9, 2012 The presentation included the work that has been done so far; leader/department head input received, stakeholder priorities, current fragmented programs, services and facilities, the Committee’s vision, the Synergy concept, how it would be an effective, efficient use of space for all and the final steps of the Committee. The Committee is looking for input from the Selectmen, they will be holding focus groups/coffees, and doing a survey. They expect to provide a final report in March. In response to a question about whether communities with community centers would have done something different, Ms. Hussong responded that the issues were all over the place, but one community felt it was too difficult to renovate an old building because of lots of problems and it was more expensive. Another community center was already too small because of how successful and so it is difficult to schedule efficiently. Another community center was too dependent on volunteers and forced parents to volunteer. The CCTF learned from visiting some of the community centers that they are particular to their town’s needs. Mr. Kelley hopes the committee will look for opportunities even before a place or structure is decided on and not miss the opportunity to move forward with the current passion of the community; there are a number of different groups with different passions for different things. He is interested in seeing the Facilities Department identify all public and private spaces that could possibly be used for any number of different interests or groups. The utilization of space needs to be looked at. Ms. Koplow stated that the committee’s homework indicated that there are no glaring needs in Lexington but there needs to be one place to bring people together for enrichment of the community. Mr. Cohen believes a site for a community center has to be addressed. The CCTF will continue to poll the community to gather more information about the specific needs they have. The report will describe what the Committee has found and how those needs can be met in a community center. The CCTF will not to try to decide how much a community center would cost but they will be reviewing what kinds of activities a community center could provide with the Town’s current staff. Mr. Cohen reminded the CCTF about all the current programs offered by Recreation, Library and Senior Center. The Selectmen should send any further comments to the CCTF. The Selectmen thanked the CCTF for all the work it has done so far. Selectmen’s Meeting – January 9, 2012 Consent Agenda Approve One-Day Liquor License for Lexington Catholic Community Fundraiser Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to serve wine and beer for the Lexington Catholic Community Dinner/Dance Fundraiser on Saturday, February 11, 2012, from 7:00 p.m. to 11:00 p.m. at the St. Brigid Parish. Approve One-Day Liquor License for Clarke Middle School PTO Fundraiser Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to serve beer and wine for the Clarke Middle School PTO fundraiser on January 28, 2012 from 7:00 p.m. to 10:30 p.m. at the Depot Building. Ratify Poll Vote – Allow Parking Temporarily at 3 Forbes Road Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to allow temporary parking on the roof deck of the parking structure at 3 Forbes Road until the Flammable Storage License Hearing to be held on January 9, 2012. Future Meetings The Selectmen will schedule meetings for February 13 and 27; March 5 and 19; and every Monday and Wednesday (except school vacation week) when Town Meeting begins on March 26. Impact of Zoning Changes on Parcels Directly Abutting Lexington Ms. McCall-Taylor, Planning Director, updated the Board on possible plans to put a Target in Burlington on land that abuts Lexington that the State currently owns. Regarding notification, rezoning requires advertising and special permits require notification to specific abutters within 300 feet. Burlington has provided some information on the proposed project, which has been linked to Lexington website. Also Burlington requested a supplemental traffic study that included affected areas in Lexington. Mr. Kelley asked if the Town could put an easement along the back of the properties that abut this state owned land for protection. Mr. Cohen will look into whether an easement is necessary. The Selectmen are concerned about the potential impact on traffic in that part of Lexington. Lexington Center Committee – Zoning Articles Mr. Michelson, Mr. Levin, Mr. Brown, members of the Center Committee, and Ms. McCall- Taylor, Planning Director, presented three zoning proposals that they would like input from the Selectmen so they can be included in the annual Town Meeting warrant. Selectmen’s Meeting – January 9, 2012 1.Building Heights – would like to allow increase in height to 45 feet and increase the allowable Floor Area Ratio to 3.0. This would conceivably allow buildings of up to 3 or 4 stories, depending on the uses and lot configuration. Under discussion is whether to add an additional layer of control by allowing 3 stories by right, and 4 stories only by special permit. The Selectmen suggested connecting with the Historic Districts Commission on the height issue, but support the proposal. Mr. Adler, Town Meeting Member Precinct 1, feels it would be unfair to allow 45 feet height since the Town recently approved the Lexington Commons at a lower height. 2.Residential Uses – would allow residential use above first floor commercial space. Under discussion is whether to add to an additional layer of control by requiring a special permit in some circumstances, and whether to allow residential use by special permit in non-storefront first floor spaces. Also included in this proposal is to allow so-called Home Occupations in the same manner as is currently allowed in residential districts. The Selectmen support this proposal. 3.Parking – the Center Committee originally proposed to grandfather parking requirements for all existing square footage in the Center, without regard to changes in use; but to require newly added square footage to have additional parking. The Planning Board has indicated that it would favor adopting a new set of parking requirements applicable only to the CB District, and putting off this Article until a future Town Meeting. Planning Staff has voiced concerns about uniformity. Under discussion is whether to proceed with the original proposal, to grandfather parking only for first floor commercial space, or to defer to the Planning Board’s suggestion that the Article be postponed. Since the Planning Board wants to wait until the code has been updated, the Selectmen support waiting. That will allow time for the new Economic Development Officer to come on board and work on the parking study. Mr. Kelley would like the Center Committee to discuss further with the Planning Board to see if some basic request could come forward. Ms. McKenna, Tourism Committee, discussed the Parking issue with the Center Committee and feels it would be a good idea to bring the parking proposal forward even if it is a band aid because of the importance of fixing the parking problem. Discuss Liberty Ride Starting at Visitor Center Mr. McKenna, Chair of the Tourism Committee, and Ms. Traber, Liberty Ride Coordinator, wanted to provide information to the Selectmen regarding the possibility of moving the starting point of the Liberty Ride from the National Heritage Museum to the Visitor Center because the National Heritage Museum is not open every day. Selectmen’s Meeting – January 9, 2012 Starting the Liberty Ride at the Visitor Center has been discussed and is supported by the Town Manager, Police, Center Committee, Chamber as long as enough parking spaces can be found. They are working with the Town and looking at spaces at the Church of our Redeemer and the Depot Municipal lot. They estimate the need for a maximum of 10 spaces per hour. The Selectmen support the move, feel there are enough options to make it work and hope it will enhance the center further. Review Funding Options for Replacing Bridge/Bowman Mr. Kelley reviewed his reasons for wanting to replace the Bridge and Bowman schools rather than renovating. He presented four possible options to help with funds for replacing the schools: health cost savings, annual growth, low interest rates for borrowing and the favorable environment for construction. Ms. Mauger and Mr. Cohen like the idea but question what the priorities should be. There are so many projects coming up. Mr. Burnell mentioned two critical items: the difference in cost between $20 million for renovating and $80 million for new schools and he feels schools should be replaced one at a time and in the meantime keep improving them. Mr. Griffiths, former School Committee member, thinks the schools got off-track for replacement because the state stopped reimbursing at around 60% and started a new program with much lower reimbursement. He asked that Hastings not be forgotten. Ms. McKenna supports Mr. Kelley and is concerned with the ballooning costs for the proposed renovations to Bridge and Bowman Schools. She feels citizens should be given the opportunity to vote whether they want new or renovated schools. FY2013 Preliminary Budget Presentation Mr. Valente presented the preliminary FY2013 operating and capital budget recommendations. This proposed budget takes into consideration: no override; maintains adequate reserves, maintains building maintenance/extraordinary repairs funding; continues funding of Post Employment Benefits Liability; contains increase in Health Insurance Costs and addresses some road/intersection/traffic calming/sidewalk funding. Significant changes in the operating budget include: Debt Service and Cash Capital from Shared Expenses; from the Operating Budget the significant changes include: Education, Public Works and Human Services (because of moving the transportation budget work out of Public Works and into the Human Services budget), Community Development and Management Information Services (because of increased cost of software maintenance and the need for additional staff). It is recommended that $500,000 be put in reserves for the Post Employee Benefits Fund. Selectmen’s Meeting – January 9, 2012 Mr. Valente reviewed his recommendations for program restoration and improvements totaling $719,891 plus $1,025,568 for street improvements. The key program restoration and improvements recommended are: DPW Mechanic, DPW additional yard waste collection, MIS Website Staff; MIS Network Administrator, Fire Training/Command Staff; Community Development Noise Testing Equipment, Training and Service, Community Development Administrative Assistant and Finance Administrative Assistant. The recommended Capital Budget for FY2013 is $54,227,025 and CPA-Town Only $934,333. The Capital Budget includes the Estabrook School project, if approved. Total Projected Levy Supported Debt Service for FY2013 is projected to be $5,302,234. Total Water Enterprise Fund Supported Debt Service for FY2013 is projected to be $1,243,439. Total Wastewater Enterprise Fund Supported Debt Service for FY2013 is expected to be $899,046. Total Cash Capital Funding (free cash and tax levy supported) for FY2013 will be $2,869,011. Total Proposition 2 ½ Excluded Debt Service for FY2013 will be $6,642,450. Mr. Valente reviewed capital project requests that will require further deliberation: White House Stabilization, Cary Memorial Building Upgrades – Design, Visitor Center Renovations, CBD Streetscape – Engineering, Town Wide Facility Master Plan, Estabrook Reconstruction – Off- site Street Improvements, and Battle Green Area Master Plan – Parking, traffic Calming and Safe Pedestrian Access Study – Phase 1: Conceptual Plan. Outstanding issues include: Health Insurance, State Aid and Minuteman Voc-Tec Assessment. Progress is being made with the Coalition and hope to conclude process by the end of February. January 24 the Governor’s Budget will be out, which will include a state aid number. Minuteman enrollment is down so may see decrease in assessment. Budget Take Aways include: Town services are maintained with some modest enhancements, health insurance budget will be revised/reduced, further discussion is necessary on capital projects and the school department is considering some fee/service changes. Next Steps: review budget at Summit 4 to be held January 18, final recommended budget presented February 27 and budget to financial committees, Town Meeting Members on March 2. Approve Proposed Changes to HATS Memorandum of Understanding The Selectmen representatives from the HATS communities (Bedford, Lexington, Concord and Lincoln) are recommending that the Selectmen in each community consider an amendment to the HATS Agreement. The purpose of the amendment is to better position the four Towns to work cooperatively, should there be another Base Closure and Realignment Act (BRAC) process that impacts the operations of the Hanscom Air Force Base. Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Chairman to sign the Amendment to Memorandum of Agreement Establishing the Hanscom Area Towns Committee, pursuant to MGL, c. 40, section 4i. Selectmen’s Meeting – January 9, 2012 Approve Regional Housing Office Grant Application The Regional Housing Services Office (RHSO), which is comprised of Lexington, Sudbury, Concord, Lincoln, Bedford and Weston, has gained significant traction in a short time and has gained notice by other municipalities within the MAPC region. This grant would be used to develop a database application to improve the efficiency of delivering the housing services and to provide a scalable model for similar regional efforts. This includes two major modules: monitoring an agent database and a resident assistance portal. The grant is for up to $250,000 and does not require a local match. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Community Innovation Challenge grant application for the six-town Regional Housing Services Office. Approve Automatic Amusement Device for Margaritas Upon motion duly made and seconded, it was voted 5-0 to approve an Automatic Amusement Device for Tio Margaritas Mexican Restaurant located at 438 Bedford Street. Appointment/Resignation – 128 Central Corridor Coalition Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Jeanne Krieger from the 128 Central Corridor Coalition, effective immediately. Upon motion duly made and seconded, it was voted 5-0 to appoint Hank Manz to the 128 Central Corridor Coalition. Documents Presented 1. FY2013 Preliminary Budget and Financing Plan, January 9, 2012. Executive Session Upon motion duly made and seconded, it was voted 5-0 to go into executive session to discuss possible litigation and to reconvene in open session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the bargaining of the Town. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting January 11, 2012 A meeting of the Board of Selectmen was held on Wednesday, January 11, 2012 at 9:30 a.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Fire Chief Hoyle, were present. Municipal Resources, Inc. Presentation Alan Gould and Don Bliss from Municipal Resources, Inc. (MRI) gave a presentation on the proposal to do a study of the operation of the Town’s Fire Department. The study would examine management and staffing issues, EMS training, cultural issues, and how the department compares to those in comparable communities. Phase 2 of the study will deal with existing facilities. Members of the Board will meet individually with MRI to give input relating to their concerns with the current operation of the department. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:25 a.m. A true record; Attest: Norman P. Cohen Selectman Summit Meeting 4 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee January 18, 2012 A Summit was held on Wednesday, January 18, 2012, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Mr. Cohen (acting chair), Mr. Kelley, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Mr. Addelson, Finance Director, Mr. Kalivas, Budget Officer and Ms. Chabot, Assistant to the Executive Clerk, were present. Also Present: All School Committee (SC) members; Dr. Ash, Superintendent of Schools; Ms. Dunn, Assistant Superintendent for Finance and Business; all members of the Appropriation Committee (AC); all members of the Capital Expenditures Committee (CEC) with the exception of Mr. Hurley. Review FY2013 Proposed Budget (The White Book) Mr. Valente presented the FY2013 Preliminary Budget and Financing Plan. The proposed budget recommended by the Town Manager and Superintendent of Schools is a balanced budget. For FY13 the Town is projecting a $7.2 million increase in General Fund revenues or a 4.7% change, compared to FY12 when the Town was looking at a $5.5 million increase in revenues or a 3.8% change. Mr. Valente then presented a summary of overall budget categories and reported that the Town is looking at a 6% increase in the entire budget (both the Operating Budget and the Capital Budget) for FY13. Mr. Valente talked about significant changes in the Operating Budget. Under shared expenses, both in the capital category, the Town is looking to increase debt service by 7.3% and cash capital by 9.2%. Both of these are consistent with efforts to fund more of the Town’s deferred capital projects with cash. On the operating side of the budget, two items stand out. One is due to the management of Lexpress being moved out of Public Works and into Human Services. The other item which stands out is the 47.5% increase under Management Information Services. This is due to software licensing fees going up substantially and the recommendation for two new positions in IT as requested by all the Town departments. Mr. Valente talked briefly about Reserve Recommendations and explained that in FY13 modest changes in building the Town’s reserves are recommended. These recommendations include a $500,000 increase in the Post-Employment Benefits Fund, and no further increase in the Stabilization Fund Balance (currently at $8,453,000). The budget continues to include about $1.6 million in revenues which are unallocated and still available for appropriation for capital or operating items. Moving from the Operating side to the Capital side of the Budget Mr. Valente gave a summary of all of our recommended capital spending including three years of prior data. The recommended capital plan continues our efforts for an aggressive capital program taking Summit Meeting – January 18, 2012 advantage of very low interest rates and a favorable bidding environment. In keeping with these efforts, the cash capital recommendation for FY13 is around $2.9 million. Possible Excluded Debt ($42,783,546) assumes that the Estabrook, Bridge and Bowman School projects will go forward. Mr. Valente presented Total Projected Levy Supported Debt Service for the general fund projects proposed. In FY12 the amount of debt service is just over $5 million. In FY13 the Town is projecting the debt will go up to $5.3 million, assuming the debt exclusion vote is approved. And further, in FY14 the amount will grow to approximately $5.8 million. Next, Mr. Valente presented Total Cash Capital Funding (free cash and tax levy supported) and included the three prior year history. About a $500,000 increase in cash capital financing is proposed in FY13. Since we are facing the debt exclusion vote next week, Mr. Valente wanted to show the group the impact of the debt service for the Town’s excluded debt. In FY12 our total Proposition 2 ½ excluded debt is about $5.7 million. If all three projects are approved next week (Bridge, Bowman and Estabrook) the FY12 figure increases by about $900,000 in FY13 and by another $900,000 in FY14, and then starts to decrease in FY15. Capital Project Requests Requiring Further Deliberation Mr. Valente reported that there are seven capital projects that appear in the capital plan but are still being deliberated by the Board of Selectmen. Of the seven, five of the projects are funded in the White Book: White House Stabilization, Cary Memorial Building Upgrades – Design, Visitor Center Renovations, Town Wide Facility Master Plan, and Battle Green Area Master Plan – Parking, Traffic Calming and Safe Pedestrian Access Study – Phase 1: Conceptual Plan. The other two projects, CBD Streetscape – Engineering, and Estabrook Reconstruction – Off-site Street Improvements are described in the capital plan but not funded in FY13. Mr. Lamb noted that the Community Preservation Committee (CPC) voted $0 for the White House project and the Visitor Center Renovations project. Outstanding Budget Issues Mr. Valente went over the following open issues on the budget: 1. Health Insurance – The Town is in the process of negotiating a new plan design with our employee coalition for FY13 and is making good progress. Hopefully by mid-February will have concluded that process. 2. State Aid – The budget assumes level funding, but we have also set aside approximately $420,000 in case our state aid is cut. The first indication we’ll have is when the Governor releases his budget on January 25, 2012. 3. Minuteman Voc-Tech Assessment – Minuteman School Committee had their budget hearing on January 17 and should have the preliminary assessment soon. The number that currently appears in White Book is probably larger than what our final number will be because the number of students has dropped. Summit Meeting – January 18, 2012 4. Potential Loss of $80,000 in MBTA Lexpress Grant – The FY13 budget assumes the continuation of an MBTA grant for Lexpress. We won’t know the final decision of the MBTA until we are in to Town Meeting. The Town needs to make a decision about whether we should assume that we will lose that grant. Budget Take Aways  Overall, Town/School Services are maintained with some modest enhancements  Health Insurance Budget will be Revised/Reduced over the next few weeks  Further discussion by Board of Selectmen necessary on seven capital projects  School Department considering some fee and service changes Next Steps  Respond to questions  Address outstanding budget issues  Board of Selectmen to vote recommended budget on February 27, 2012  Release budget to financial committees, Town Meeting Members on March 2, 2012 Hear Comments from Capital Expenditures Committee Regarding Proposed Capital Budget The Capital Expenditures Committee (CEC) is in general agreement with the items in the White Book; however, Mr. Lamb noted a few outstanding items that the committee still has some issue with. The CEC took a negative position on the Central Business District (CBD) Streetscape - Engineering project, the Visitor Center Renovations and Expansion project, and the LexHAB Set-Aside for Housing Acquisition this year. The CEC is looking to the Board of Selectmen for leadership on a purpose for the White House building in order to support the stabilization project. The CEC recommends deferral on the Cary Memorial Building upgrades to another fiscal year. They took no position and will await further briefing on the Battle Green Area Master Plan and Offsite Street Improvements Related to Estabrook School. The Committee would like to see the East Lexington Fire Station Physical fitness project accelerated to FY13 from FY16. The CEC also supports the Greeley Village Accessible Housing Project. The Committee strongly supports the Town Wide Facilities Master Plan and urges the Selectmen to do the same. Review Draft List of Annual Town Meeting Articles Mr. Cohen presented a draft of the 2012 Annual Town Warrant Table of Contents and answered questions from the group. Summit Meeting – January 18, 2012 Schedule Summit 5 The next Summit meeting was scheduled for Wednesday, February 15, 2012 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session at 8:30 pm to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance and to reconvene in open session only to adjourn. The Chairman further declared that an open meeting may have a detrimental effect on the bargaining position of the Town. Documents Presented 1.FY 2013 Preliminary Budget & Financing Plan Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:15 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting January 23, 2012 A regular meeting of the Board of Selectmen was held on Monday, January 23, 2012 at 7:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz reminded residents to get out Tuesday for the Debt Exclusion vote for the Estabrook and Bridge and Bowman school projects. Mr. Manz and some of the other Selectmen attended the annual meeting of Massachusetts Municipal Association (MMA) that had many helpful seminars. The plans put forth by MBTA to close very real budget gap was also discussed at the MMA Conference. Residents should acquaint themselves because the plans put forward have potential funding impacts on Lexington and not just riders. Mr. Burnell reported that the Economic Development Advisory Committee voted to advise the selectmen that they do not think an RFP for an anaerobic digester at Hartwell Avenue is a proper idea and recommend a different course of action, which will be forthcoming in a letter. Town Manager Report Mr. Valente reported on two items: 1) the Regional Housing Services Office shared by Lexington, Bedford, Concord, Lincoln ,Weston and Sudbury was recognized by the Massachusetts Municipal Association as part of the Kenneth Pilchard Innovation Award; and 2) the Governor signed legislation to further define the Battle Road as a scenic byway in the Towns of Arlington, Lexington, Lincoln and Concord, which will give the Towns better ability to apply for grants for the entire battle road. Mr. Canale was heavily involved with other communities on this achievement. Grant of Location – Nstar – East Street This work is necessary to provide new underground electric service to a residential development at 72-79 East Street. Upon motion duly made and seconded, it was voted 4-0 to approve the petition of Nstar electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of East Street: southerly at pole 27/13 approximately 240+ west of Grant Street, a distance of about 4 feet + of conduit. Selectmen’s Meeting – January 23, 2012 Tree Hearing – Webb Street Mr. Filadoro, Public Grounds Superintendent/Tree Warden, asked the Selectmen for a determination on the request of the builder/owner to remove a street tree at 10 Webb Street because of one objection to the removal of the tree. Mr. Filadoro held a tree hearing on December 23, 2011 at 10 Webb Street. The tree is in fair to good condition and is growing through the power and communication wires and he concurred that the tree could be removed to allow for the new trees to be properly planted and will also save the Town the expense of the tree removal in the future. As part of the project, the builder/owner will be required to replant four trees somewhere on the property with at least one near the roadway. The replacement trees must be a minimum of 3-inch caliper and be properly planted to ensure the long-term survival. Mr. Paul, member of the Tree Committee, objected to the removal of the tree because it was healthy. He will remove his objection if the builder agrees to further mitigation. Ms. Mauger explained that the Tree Warden and tree Committee were working on how to preserve trees and were working out recommendations for mitigation. The Selectmen requested that the Tree Warden and Tree Committee come up with a resolution. The Selectmen will continue the hearing to the January 30 meeting. Mr. Manz made a motion to approve the recommendation of the Tree Warden but there was no second. Upon motion duly made and seconded, it was voted 3-1 (Manz opposed) to continue the tree hearing to January 30. School Committee – Request Special Town Meeting for Estabrook Ms. Stewart, School Committee Chair, and Mr. Himmel, Chair of the Permanent Building Committee, requested the Selectmen call for a special town meeting for April 2 in order to meet the construction schedule for the Estabrook project to be complete by August 2014. Upon motion duly made and seconded, it was voted 4-0 to call for a Special Town Meeting for Monday, April 2, 2012, at 7:30 p.m. in the Cary Memorial Building. Upon motion duly made and seconded, it was voted 4-0 to open the warrant for the purpose of including an article to appropriate funds for the construction of a new Estabrook School. Upon motion duly made and seconded, it was voted 4-0 to close the warrant for the April 2, 2012 Special Town Meeting. Selectmen’s Meeting – January 23, 2012 Capital Budget Discussion White House The Selectmen discussed whether to approve the capital project to stabilize the White House. Some of the Selectmen attended an information Historic Districts Commission (HDC) meeting to discuss whether the HDC would approve of moving the house to a different location for restoration as a home. After the meeting the HDC sent a letter stating that they would not approve of moving the White House and hope the Selectmen can find a municipal use for the building. Ms. Mauger and Mr. Kelley are not in favor of spending any money to stabilize the building without a specific use for it. Mr. Kelley suggested that the Selectmen should move as quickly as possible to decide on a use and then work with the HDC to rebuild the home with the front porch. Mr. Burnell is in favor of stabilizing the White house and would like it used by the Police Department. Mr. Manz would like to ask the Community Preservation Committee to reconsider approving funds for the White House Stabilization project. Even if the funds need to come from the tax levy he would like to see the building stabilized to make it look better. Cary Memorial Building Mr. Kanter, Capital Expenditures Committee (CEC), suggested additional review of the scope is needed before this project moves forward. The CEC did not support a phased scope. Ms. Mauger cannot support the project at this time until a plan can be explained to citizens. Mr. Burnell wants to prioritize all the pieces of the project and move forward with the most important items. Mr. Goddard, Public Facilities Director, discussed with the Community Preservation Committee possible interim steps to clear up the base project and then bring back a reduced plan for Town Meeting. He suggests going forward with Phase 1 of the project and identify the scope to go forward with. He envisions using considerably less money than is requested for the design. Mr. Kelley feels the project is worthy, but does not support the requested level of support at this time. He suggests asking for some lesser funding should be approved. Ms. Manz, Community Preservation Committee (CPC) Chair, stated that the CPC had discussed a smaller project, but they believe doing the project in stages is not economical and they voted to support the requested allocation. Mr. Manz was prepared to support the project. Selectmen’s Meeting – January 23, 2012 Townwide Facility Master Plan Ms. Mauger supports this project and believes it could help to explain uses to citizens and help with decisions on the White House and Cary Memorial Building. Mr. Goddard, Public Facilities Director, proposed to ask the Selectmen to form a committee that included architects that would help to assemble information into a master plan for a multiple year plan that included financing. Mr. Kelley is willing to support this project with the understanding that it come to the Selectmen with a proposed plan/RFP prior to bringing in a consultant, to get the job done this year and to hold off on the White House and Cary Memorial Building projects. Mr. Manz and Mr. Burnell support this project. Visitor Center Renovations Mr. Burnell believes it is too soon to go forward with this project. Mr. Kelley would like this project considered if the Chamber of Commerce and the Tourism committee can bring forward a dollar amount for preparing schematic designs. Ms. Mauger does not feel this is the right time. She wants the project included in the Townwide Facility Master Plan. Ms. McKenna, Tourism Committee Chair, has reviewed the project with the Economic Development Advisory Committee who support the project. She requested that the Selectmen keep the item on the warrant so the scope can be discussed further. She also stated she will be going before the Historic Districts Commission on February 2 informally. Mr. Burnell wanted the project referred to Public Facilities so that it could be vetted, but Mr. Goddard stated they have no possible funding at this time and the building is not in their purview. Three Selectmen do not want this project included this year. Streetscape Engineering Mr. Michelson, Chair of the Center Committee, recommends that this project be moved forward to the design phase. Mr. Kelley questioned why the proposed final plan had not been presented to the Selectmen. Mr. Valente responded that the Working Group will be writing a report for the agreed upon conceptual plan to bring before the Selectmen, but drawings are needed so they can be vetted by engineering. Mr. Kelley requested that the Selectmen need to receive the Working Group’s conceptual plan so it can be voted on by the Selectmen. Selectmen’s Meeting – January 23, 2012 Mr. Kanter, CEC, feels the project should not be funded until it is approved by the Selectmen. Mr. Burnell looked at the plan and has some issues that need to be resolved (materials, alley, raised sidewalks) before he will approve money for engineering. Mr. Valente will bring back the current proposed plan to the January 30 Selectmen meeting. Estabrook Reconstruction – Off-site Street Improvements Mr. Kelley asked what is included in the $1.5 million request. Ms. Mauger, the Selectmen liaison to the Estabrook School Access Ad Hoc Task Force, said they are in the process of finalizing recommendations for accessibility that can then be reviewed by the architect, School Committee and Selectmen in the next couple of weeks. Mr. Kanter, CEC, encouraged the Selectmen to be generous with the money allocated for the project until details are available. Mr. Burnell suggested putting the money in the street budget so that there would be options for using the money. The Selectmen understand that part of the Estabrook School plan has to be finalized before the Estabrook School Task Force can make their recommendations for access and that detailed information needs to be provided for Town Meeting. Battle Green Area Master Plan Mr. Valente explained that last year Town Meeting voted parking study money that did not include the area around the Battle Green. The study has not been done yet and the request is to study the entire area, including the retail area and the Battle Green area. The Selectmen agreed that the Battle Green should be included in the parking study. Approve New Limousine License – MB Limo Express & Car Service Mr. Moulay Bensassi, d/b/a MB Limo Express & Car Service, submitted all the necessary paperwork for a Limousine License. Upon motion duly made and seconded, it was voted 4-0 to approve the application and issue a Limousine License to Moulay A. Bensassi, d/b/a MB Limo Express & Car Service, 14 Vine Street, contingent on only one commercial vehicle allowed on premises and no employees that do not live at the address working at the location, and subject to satisfactory inspection of the vehicle by the Police Department. Selectmen’s Meeting – January 23, 2012 Appointments th 300 Anniversary Celebration Committee Upon motion duly made and seconded, it was voted 4-0 to appoint Tanya Morrisett and th Lawrence Link to the 300 Anniversary Celebration Committee. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 4-0 to appoint Sara Arnold to the Transportation Advisory Committee for a term to expire September 30, 2012. Approve Change to Noise Advisory Committee Charge The Noise Advisory Committee requested that the membership be reduced from 7 to 5, so they will be able to get a quorum of members together for meetings. Upon motion duly made and seconded, it was voted 4-0 to adopt the revised Noise Advisory Committee charge reflecting a change from 7 to 5 members. Consent Agenda Approve Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 4-0 to approve the following water and sewer commitments and adjustments: Commitment of Water/Sewer Charges for December 2011 Cycle 9 Billing $195,431.64 Adjustments to Water/Sewer Charges ($5,502.75) Commitment of Water/Sewer Charges for December 2011 (Final Billings) $2,436.04 One-Day Liquor License – Antony Park Fundraiser Upon motion duly made and seconded, it was voted 4-0 to approve a one-day liquor license to serve wine at the Antony Park Fundraiser “A French A Faire” on Sunday, February 12, 2012, from 4:00 p.m. to 6:30 p.m. at the Depot Building. Ratify Poll Vote – Lower Battle Green Flag for Francis Rosa Upon motion duly made and seconded, it was voted 4-0 to ratify a poll vote to lower the Battle Green flag on January 9, 2012 in memory of Francis Rosa. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call to go into executive session with respect to a proposed FY2012 collective bargaining settlement with the Library Union, and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Selectmen’s Meeting – January 23, 2012 Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting January 30, 2012 A regular meeting of the Board of Selectmen was held on Monday, January 30, 2012 at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley and Burnell; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Executive Session Upon motion duly made and seconded, it was voted 4-0 to go into executive session to discuss strategy with respect to potential litigation regarding three matters: Shire HKT compliance with Noise Bylaw, George V. Kaljikian and 181 Follen Road, and to reconvene to open session. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town. Public Comment Mr. Adler, Precinct 1 Town Meeting Member, asked if the Selectmen have made a decision to support the request for gym equipment at the East Lexington Fire Station. The Selectmen answered no. Selectmen Concerns and Liaison Reports Mr. Manz referred to a Globe West article in the Boston Globe regarding housing prices that are rd on the rise and Lexington is 3 on the list. Town Manager Report Mr. Valente reported on three items: st 1)Lexington’s 1 public electric charging station is close to completion in the Edison Way parking area. There will be room for four vehicles to charge at no cost except the cost for the meter. 2)Residents are being alerted by the Police about calls being made offering to do work and people are being defrauded and the work has been grossly inferior. Residents should contact Police if necessary. 3)Congratulations to Robert Simmons from the Police department who is retiring after 30 years of excellent service. Also, Christopher Barry has been appointed a Lieutenant. He will be working as commander of the night shift. A swearing in ceremony will be held Friday. Liquor License Hearing – Lexington Wine and Spirits – Transfer and Change of Location Mr. Pearlman, an attorney representing the applicant, and Mr. Fenn, representing the seller, requested the Selectmen’s approval of the transfer and change of location of a package store Selectmen’s Meeting – January 30, 2012 liquor license to be located at 335A Woburn Street. The current owner of the building at 335 Woburn Street would turn the existing space into two separate spaces disconnected from each other. Mr. Pearlman provided a petition signed by 40 people who support the application for a package store at 335A Woburn Street. Mr. Manz informed the applicant that the Zoning Administrator indicated that the applicant will need to apply to the Board of Appeals for a special permit to have a package store at 335A Woburn Street. The Selectmen feel the applicant should get a special permit approved by the Board of Appeals prior to getting approval of a package store liquor license from the Selectmen. Mr. Kelley would not support a liquor license at that location because of traffic/parking issues. Mr. Burnell will not approve a package store liquor license at proposed location until he receives answers regarding parking and traffic complaints and an evaluation of having a package store next to a convenience store. Upon motion duly made and seconded, it was voted 4-0 to continue the liquor license hearing for Lexington Wine and Spirits to be located at 335A Woburn Street until March 19 at 7:30 pm in the Selectmen Meeting Room. Continued Tree Hearing – Webb Street Mr. Filadoro, Superintendent of Grounds, returned for the continued tree hearing. Mr. Paul removed his objection to the tree being taken down and the Tree Committee discussed and approved the recommendation of the Tree Warden to allow the removal of the one tree that is in the Town right-of-way along Webb Street and the builder/owner will be required to replant four trees somewhere on the property with at least one of those four trees planted near the roadway. The replacement trees must be a minimum of 3-inch caliper and be properly planted to ensure their long-term survival. Mr. Cohen will abstain from voting because he was not present at the last meeting when this issue was discussed. Upon motion duly made and seconded, it was voted 3-0-1 (Cohen abstained) to accept the recommendation of the Tree Warden for the removal/replacement of trees as presented. Greenways Corridor Committee Presentation Mr. Abrams and Eileen Entin, members of the Greenways Corridor Committee (GCC), presented a proposal the committee is developing titled ACROSS Lexington (Accessing Conservation land, Recreation areas, Open spaces, Schools and Streets in Lexington). When the project is complete Selectmen’s Meeting – January 30, 2012 Lexington would have over 40 miles of well marked routes connecting the major assets of the town via existing open space, streets, sidewalks and public rights of way. A proposed pilot route which they would like to complete by next fall of 5+ miles that will start in the center on the Bike Path and travel through Lower Vine Brook, Willard’s Woods, Chiesa Farm, Parker Meadow and end on the Bike Path back in the Center is well into the planning process. The GCC will be presenting this plan to Town boards and committees for feedback, comments and suggestions. Next steps include: drafting a proposal for a route marking system and for kiosks; preparing a proposal for signage, kiosks, publications and the web; coming up with a budget for the pilot route and estimating for the entire network (they are hoping to fund with private donations); meeting with DPW for permissions; meet with Police Department on safety issues; and meeting with Bicycle Advisory Committee regarding bikeway and new routes. All of the Selectmen support the plans of the GCC. LexHAB Presentation – Housing on Busa Property The Selectmen requested that LexHAB provide ideas for housing on Lowell Street, reviewing the utilities, drainage issues and the amount of fill necessary to accommodate housing. Future discussions will include CPA funding, LIP proceedings and questions of compliance with building and zoning. Members of LexHAB and Carter Scott, a builder, presented a plan for high-efficiency, affordable housing units on Lowell Street. The plan shows eight units (four building with two units in each). The plan proposed includes six 2-bedroom units, an accessible unit and perhaps one 3- bedroom unit. The proposed layout would work on a parcel of about 8/10ths of an acre in size. The parking layout would enable residents to turn around and drive out onto Lowell Street and there would be two spaces per unit. Mr. Eagle, LexHAB, said sewer and water were available from the intersection of Westminster/Lowell. Regarding drainage issues, Mr. Scott has done low impact developments (lid) where the water is brought back to the soil as soon as possible by using a stone drip edge along the roof line, creating swales, creating depressions for rain gardens and using porous materials for driveways and walkways. The driveways would slope toward Lowell Street and also to the right and left and have depressed planted areas and the plants would be able to handle wet and dry conditions. An engineer would be hired to review drainage methods. Mr. Burnell asked if LexHAB had reviewed housing where the current farm stand is. Mr. Hays said LexHAB did discuss, but there was a major problem with getting sewerage up from Lowell Street and they would then be required to build a paved road that included curbing and sidewalks. Selectmen’s Meeting – January 30, 2012 Mr. Kelley is not supportive of the amount of frontage that would be required for the proposed housing because of the gateway effect. The Selectmen need to decide on where they want the housing and how many units. Mr. Manz proposed an hour discussion at the next meeting. Mr. Moody, LexFarm, hopes there will be an opportunity for some collaboration between different groups. They have engaged an architect to look at different possible mixed uses. Ms. Tsvetkova, Lowell Street, is concerned about drainage and also the locations of the driveways and the safety problems with cars entering and leaving the driveways onto Lowell Street. She feels the plan for housing looks cramped and the view will be lost. Mr. Borensztein, Lowell Street, asked when there would be public meetings scheduled. He stated there was a petition signed by 1000 people that will be submitted to Selectmen which urges the Selectmen to follow the Busa Land Use Proposal Committee (BLUPC) recommendations to use the property for a community farm and for a limited use of up to two affordable housing units. Mr. Armstrong, Haskell Street, approves of the proposed housing plans. Mr. Kent, Doran Farm Lane, is a strong supporter of Busa Farm and hopes the Selectmen will follow the recommendations of BLUPC and that they will not permit any functions that will detract from the property being used for farming. Ann, Westminster Avenue is concerned with the impact of the drainage to the Arlington reservoir and the impact to the view when walking on the path. She asked the Board to keep as open space. Ms.. Longeteig, Precinct 2, asked the Board to consider a mixed use. She suggested a barn with housing on the upper floors. The Selectmen will continue the discussion about affordable housing on February 13. Continue FY2013 Capital Budget Discussion Center Streetscape Ms. Shadley and Mr. Livsey, representing the Center Streetscape Working Group, and Mr. Hadley, Public Works Director, are requesting approval for funding $240,000 for design and engineering funding for the proposed Center Streetscape project. This funding will be used to obtain a traffic engineer to model three conditions; obtain the services of a consultant team that includes a civil engineer, electrical engineer and landscape architect who would further the design and create a more accurate round of construction cost estimates; conduct a public process Selectmen’s Meeting – January 30, 2012 to evolve the design and continue the discussion on materials, particularly sidewalk materials; and create a Design Development Plan that delineates the design in greater detail, resolves intersection configurations, resolves materials, and results in a construction cost estimate that can be used to request funding for final design and construction of the first phase of implementation, which is assumed to start in the spring of 2014. Mr. Kelley did not feel the Selectmen had approved the Streetscape plan and felt there were some plans that could be blessed and others that need further discussion. He requested a motion to close the alley next to Bank of America because he believes all the Selectmen had no objection to do so. Upon motion duly made and seconded, it was voted 4-0 to include closing the alley in this project. Mr. Kelley has many concerns about the proposed number of travel lanes and suggests painting lanes to test out suggested layouts. Mr. Burnell is ready to proceed, except for a few reservations that need to be reviewed further, including the intersection of Woburn and Massachusetts Avenue, the Post Office lane should not be changed to a sidewalk, raised sidewalks and bump outs. Also sidewalk material needs to be reviewed thinking about handicap people. Mr. Kanter believes it is premature to approve this funding until there is closer agreement on the scope and suggests deferring until next year’s warrant. Mr. Manz and Mr. Cohen support the project moving forward and suggest including the funds in the budget. During engineering the Selectmen can discuss and decide on any open issues. Mr. Livsey, Town Engineer, said the first thing done would be to collect traffic data and come back with recommendations on what will work for different treatments then the design and engineering would be done. Mr. Kelley does not support the entire project and would like the Board to consider identifying pieces that could be advanced. White House The Selectmen received a letter from the Historic Districts Commission (HDC) that clearly indicates that they do not support moving the white house off site or demolishing the entire house. The Community Preservation Committee has voted not to support the stabilization request. The Selectmen need to decide whether to keep the item on the warrant or not. Mr. Kanter, representing Capital Expenditures Committee (CEC), reiterated that the CEC does not approve this project without the use of Community Preservation Act (CPA) funding and that it would make sense to decide how the building should be used first. Selectmen’s Meeting – January 30, 2012 Mr. Kelley does not support this project without a plan for its use. Mr. Burnell believes the building’s exterior should be stabilized, but does not support any interior work. Mr. Cohen agrees that all of the requested money should not be spent now on the building and suggested that Public Facilities should offer assistance in deciding uses for the building. He would support spending some of the money to remove the portions of the house that the HDC approved earlier. A motion was made, but not seconded, to remove the white house stabilization from the warrant. Cary Memorial Building Mr. Valente believes the Board would like further vetting on this project. He has requested that an architect be asked to determine a cost to do schematic design work which would allow the Board to decide which aspects of the project they may be interested in pursuing. Mr. Kelley would approve spending $75,000 to keep the effort moving forward. The consensus of the Board is to ask for $75,000, which would be less than the CPA voted on. Visitor Center Ms. McKenna, Chair of the Tourism Committee, had hoped that the Selectmen would keep the Visitor Center project on the warrant, but understands that the project needs additional time to be vetted. She hopes it will be included in the next warrant. Mr. Burnell would like Public Facilities Department to analyze the proposed project. nd 2 Quarter Exceptions Report nd Mr. Kalivas, Budget Officer, presented the 2 Quarter FY2012 Exceptions Report, which are in line with expectations of 50% spent on appropriations and 50% of estimated revenues collected. Expenditures for the general fund show 44% spent and on the Enterprise Funds 45% spent. Revenue collected for the general fund is at 52% and the Enterprise Funds is 41%. At this time there are no specific issues that need to be addressed. Approve Recommendation of Noise Advisory Committee – Filming Near Belfry The Town received a request from Riff Raff Films to film a scene for a documentary on Belfry Hill. Town staff reviewed and requested that the request also be reviewed by the Noise Advisory Committee (NAC) because of the use of a generator for the lighting. The NAC met on January 23 and unanimously approved the request to film on Belfry Hill on February 17 starting at 3:00 p.m. and finishing no later than 7:00 a.m. on February 18, 2012. Selectmen’s Meeting – January 30, 2012 Ms. McKenna, Tourism Committee, asked that they be included in the review process for any filming requests. Upon motion duly made and seconded, it was voted 4-0 to approve the recommendation of the Noise Advisory Committee to approve the request of Riff Raff Films to film at Belfry Hill between 3:00 p.m. on February 17 and 7:00 a.m. on February 18, 2012. Approve and Sign 2012 Annual Town Warrant Upon motion duly made and seconded, it was voted 4-0 to sign the 2012 Annual Town Meeting Warrant and April 2, 2012 Special Town Meeting Warrant, allowing for minor changes as recommended. Sign Presidential Primary Warrant Upon motion duly made and seconded, it was voted 4-0 to sign the Presidential Primary Warrant for the March 6, 2012 election. Consent Agenda Proclamation – Father Colletti Upon motion duly made and seconded, it was voted 4-0 to sign a proclamation for Father Colletti th who is celebrating his 50 year as a Catholic priest. Documents Presented 1.Center Streetscape, Board of Selectmen Presentation, January 30, 2012. Executive Session Upon motion duly made and seconded, it was voted by roll call 4-0 to go into executive session to discuss strategy with respect to coalition bargaining related to employee and retiree health insurance and to reconvene in open session only to adjourn. Further the Chairman declared that an open meeting discussion may have a detrimental effect on the bargaining of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10:35 p.m. A true record; Attest: Lynne A. Pease Executive Clerk