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October 30, 2006
MINUTES
BOARD OF SELECTMEN
OCTOBER 30, 2006

PRESENT: PersonNameSarah Cannon Holden (chairman), Sara Mattes, Gary Taylor
STAFF: Tim Higgins (Town Administrator), Debra Parkhurst (Administrative Assistant)

Welcome & Introductions:  The meeting opened at timeHour19Minute307:30 PM.  The Chairman welcomed the public, reviewed the agenda and action items for the meeting.  
Announcements: There were no announcements

7:30 PM. PersonNameNeil Feinberg, Town Treasurer/Collector
Re:     Proposal to Convert to Appointed Treasurer/Collector
Present: PersonNameNeil Feinberg; PersonNameRobert Steinbrook and Mary Hartman (co-chairs, Finance Committee)
Mr. Feinberg opened the discussion by stating that this is his second year as Treasurer and second term as Collector.  Since he ran for the position following the vacancy left by Roy Raja, Mr. Feinberg has learned the position is demanding and complicated requiring a full time manager in that office well versed in the many different funds as well as health and retirement.  As it exists now, it is difficult to retain qualified people for the Assistant Treasurer position.  Several of the past assistant treasurers moved on to become Treasurers in other communities.  He has discussed this with the Finance Committee, and they have agreed and supports moving the position from elected to appointed.  Mr. Higgins has surveyed other towns, and most have gone to an appointed Treasurer/Collector.  In response to questions regarding costs, Mr. Higgins believed that the cost will be minimal ($5,000), and the present Assistant Treasurer would simply be promoted.  A new position will not be added to that office.  This will require a majority vote at Town Meeting and on the ballot.  Mr. Higgins said that the 1997 law streamlined the process and the legislature is not involved.  The Selectmen would sponsor the article and the ballot.   

Open Forum: No one was present for this session.

Town Administrator’s Report:
Liquor License - Mr. Higgins has spoken with Representative Pope regarding the Liquor License petition.  Representative Pope expects the Governor to sign the legislation this week, and there will be a report at the Special Town Meeting.    Discussion followed on ballot Question No. 1 which allows towns to sell wine in grocery stores.  Mr. Higgins confirmed this is similar in that licenses can be transferred, but the transferee must be qualified (as the original grantee was).  The Selectmen can charge a “license fee,” but it is minimal.  The Selectmen discussed the fact that this grant of a license adds value to the real estate.  Mr. Higgins will follow up regarding process after discussion with Town Counsel.  
Facilities Plan – Three of the buildings have been done.  The items marked urgent tend to be maintenance, except for the boilers.  If eligible, CPA monies can be used.  Ms. Mattes asked to abstain from taking action on items that could be “green” technology review.  

Liaison Reports
Mr. Taylor reported that the Deaconess Steering Committee met this morning, (Oct.30).  He reported that the Memorandum of Agreement (MOU) between the Water Dept. and the Deaconess appears to be in order.  There has been discussion and resolution concerning the property tax issue.   Certain common areas will be valued for taxes.  The value of the affordable units has been resolved.  The projected annual revenue is now expected to be between $350,000 and $500,000.   A one time Building Permit fee of approximately the same value is expected (based on $10 per $1,000 of building costs) as well.  Mr. Taylor also reported that the DHCD had raised two issues for the Deaconess: How the affordable units would be handled legally and how they would qualify under the Town’s own inclusionary bylaw.  DHCD was satisfied with the Deaconess response, in that the 30 unit housing will be a separate entity, and will have its own organizational structure, differentiated in the deeds, but within the Deaconess plan.  
        Ms. Mattes reported from the recent HATS meeting.  Richard Canale delivered a report and the Freedom’s Way landscape detail through placeCityLexington and placeCityConcord was displayed and discussed.  The focus of the Meeting was transportation, which they decided would be a recurring agenda item.  Ms. Mattes noted that placeCityLexington and placeCityBedford offer limited ride systems (Lexpress and BLT).   and believed there was potential It was agreed to continue  to explore whether forfoplaceCityLincoln could join one of these..   The next meeting on December 14 will focus on emergency preparedness.  

8:00 PM Geoff McGean, Executive Director – Rural Land Foundation Re:Mall Project Status
Also present: Sarah Andrysiak, Ed Nardi, Amalie PersonNameKass, PersonNameKen Hurd Bob Robichaud (Codman Community Farm), Dan England, PersonNameKathi Ramon, Father George Evans of St. Jude and St. Joseph’s Parish, Mark Whitehead, Town Planner
The Chairman opened discussion by outlining a few discussion items for the RLF including potential change of ownership and a contribution to the Affordable Housing Trust.  She then asked if there were comments from the other interested parties.  Kathy Ramone, Lincoln Woods, said that they have not yet received the “sign off” from the DEP.  Mr. McGean said that their engineers, Rizzo Associates have been in constant contact with the DEP, and that the DEP was committed to getting a response to them early this week.  Codman Farm representatives said that their concern had been the egress and discussion had included a modification to enlarge the exist exit near the Post Office to 24’.  Mr. McGean said the Post Office did not want a left and right turn exit at the rear of their facility.  They have, however, found a way to modify the opening to widen it to 24’.  Ms. Mattes noted that the nature of farm equipment is a concern, and suggested an acknowledgement be included in the leases as well as asking the farmer not to schedule travel through the parking lot at peak hours.  Father George Evans expressed three concerns on behalf of the parishioners: safety, convenience and tranquility.  He noted that there is only a concern with parking when there is a funeral on the weekday.  He added these concerns do not presume a problem.  Mr. McGean noted a change that allows the present parking and drive up teller to remain the same on the north side of the property.  Mr. Hurd, Chairman of the Planning Board, further explalined that the RLF has also presented an alternative plan that would allow this area to be reconfigured in the future to allow for an increase in the parking area if there is a need.  Mr. McGean pointed out the two store entrances for Donelan’s as well as the newly designed façade.  He also pointed out a new covered walkway that mimics the present walkway allowing for natural light, but providing protection from weather.   He noted that there will be a marked walkway from the MBTA parking lot to the Mall.  Mr. Hurd commented that people could park once and walk, particularly if they feel safe.  Discussion turned to the Memorandum of Understanding between the RLF and the PersonNameBoard of Selectmen regarding of the Mall ownership.  This document will set up a process regarding a timeline and a group that would recommend options for the town.  The Board discussed the size of the group and a timeline on how to proceed.  This would provide the Town an option to preserve “friendly ownership” and a cooperative relationship.  Ms. Mattes wanted to ensure that the public would remain involved.  Discussion turned to the Housing Trust Fund.  Amalie Kass said the RLF commends the Town on their efforts to provide affordable housing.  The RLF is also committed to affordable housing, and the RLF has made significant contributions in the past, such as addressStreetSunnyside Lane, and being at-the-ready to make a commitment regarding the addressStreetRidge Road development.  The RLF made an offer when the BIIC property was available, put in a significant bid, and lost that bid.  However, Ms. Kass added that the RLF is a project based association and is not in a position to place funds in to a Housing Trust not knowing how that money will be spent.  It was noted that the CPC can put money into the trust, but that they have a different mandate.  Ms. Andrysiak added that the RLF evaluates every project and much of the fundraising  is private.  There is also a different methodology.  One would require a large sum of money up front, another would be on a project by project basis.    The RLF agreed that they support affordable housing and that if a particular project came, they would be willing to participate, as they have done in the past. Ms. Mattes expressed disappointment that the RLF could not, at this time, support a contribution to the Housing Trust as the Trust was established by a vote of Town Meeting and was made up of publicly appointed and accountable membership, and thus took actions that were an expression of the will of the town.  Mr. Hurd said he hoped this issue would not become a sticking point.  He reminded the Board that a few years ago, the Town reviewed the entire placeSouth Lincoln area, and believed it was a great area for smart growth.   He said the Mall project adds value to the entire area. Discussion followed on the outstanding MOU between the Mall and Lincoln Woods.  Ms. Ramone asked that language be inserted that certain chemicals may not be used within the Mall premises.  

Mr. Taylor made a MOTION, Ms. Mattes seconded, to authorize the Chairman of the PersonNameBoard of Selectmen to sign the Memorandum of Agreement between The Town of Lincoln and the Rural Land Foundation dated dateYear2006Day27Month10October 27, 2006. subject to mutually agreeable language to make clear that the PersonNameBoard of Selectmen acceptance of the proposed easement modification was contingent upon the Rural Land Foundation meeting its obligations under the Memorandum of Understandings with the Board and with Lincoln Woods. The Motion passed 2-0-1, with Ms. Mattes abstaining.

Mr. Taylor made a MOTION, Ms. Mattes seconded, to authorize the Chairman of the PersonNameBoard of Selectmen to sign the Memorandum of Agreement between the Town of Lincoln and the Rural Land Foundation entitled  “Friendly Ownership,” with the amendment that paragraph 1, bullet 2, add the word “public” to ensure that there is a n inclusive public process.  The Motion passed unanimously.

Mr. Taylor added that he believes this is a project the Town supports and it needs to move forward.  The discussion allows the Town to work out the details.  

Discussion
placePlaceNameSpecial PlaceTypeTown Meeting Planning
State of the Town -The Town Administrator reported that Al Schmertzler and Julie Dobrow will represent the schools, Jack Pugh will represent the Library.  PersonNameSarah Cannon Holden will introduce the Capital Planning portion, and Tim Higgins will present the facilities plan.   They will differentiate between the responsibilities of the State and the Town on road issues.   Mr. Higgins said the Town has not kept up the infrastructure, and the future road cost could be as high as timeMinute54Hour18six to seven million dollars.  
Action Items

Warrant Article positions
Article 1 (Deaconess) -Ms. Mattes made a MOTION to unconditionally support the Deaconess Project.  She noted that they have worked in good faith and commended them for their efforts.  Mr. Taylor seconded, adding that as a local developer they responded positively to local interests and that the process was excellent.  The MOTION passed unanimously.  
Article 2 (The Mall -RLF) -  Ms. Mattes made a MOTION to support the Mall renovations, while expressing disappointment with the relationship, the process and the answer regarding housing, and further noting that there are contingencies to be resolved.  However, she added that conceptually it is important to move forward.  Mr. Taylor seconded the motion, noting that the project has come a long way in response to neighbors and interests and hopes that as everyone moves forward the situation will continue to improve.  He enthusiastically supports the project.  The MOTION passed unanimously.  
Article 3 - Will be passed over.
Article 4 - Water Commission) – Ms. Mattes made a MOTION to support Article 4.  Mr. Taylor seconded and the Motion passed unanimously.

The Board reviewed future meeting schedule
The Board reviewed correspondence.
Mr. Higgins summarized action items and reviewed previous actions
Minutes were deferred.
Warrants were approved.

The meeting adjourned at timeHour22Minute1510:15 PM

Submitted by, Debra Parkhurst






 
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