HomeMy WebLinkAbout2012-07-BOS-min
Selectmen’s Meeting
July 9, 2012
A regular meeting of the Board of Selectmen was held on Monday, July 9, 2012, at 7:00 p.m. in
the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr.
Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Public Comment
Mr. Adler, Precinct 1, had concerns about using brick in the center of Mass. Avenue as part of
the Center Streetscape project. Ms. Mauger responded that the Selectmen have not voted on any
materials for the project and will take his concern under advisement.
Selectmen Concerns and Liaison Reports
Mr. Manz presented Suzanne Barry with a Commendation and Lexington pin for her outstanding
service on the Town Celebrations Committee and for bringing the U.S. Air Force Band of
Liberty to Lexington for a concert before they disbanded.
Mr. Manz reported that the annual Lion’s Club Carnival was a success.
Town Manager Report
Mr. Valente reported on two items:
1.The PERAC 2011 Annual Report, which shows the funding characteristics of the State’s 106
retirement systems lists Lexington’s pension funding fourth with 88.8 percent of its liability
being funded.
2.The State budget approved by the Governor includes an additional $1 million more in local
aid for Lexington than in the FY2012 budget.
Grant of Location – National Grid – Bowman School
Mr. Dougherty, representing National Grid, requested approval to install a gas main in Worthen
Road East from Goffe Road to the rear of Bowman School at Phillip Road.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid
to install and maintain approximately 300 feet of 4 inch gas main in Worthen Road East.
FY2012 Line Item Budget Transfers
Mr. Addelson, Comptroller, reviewed the status of all appropriations and identified those
departments in need of transfers for FY2012 year-end. The three possible sources of transfers
are: 3% rule, Salary Adjustment Account and Appropriation Committee Reserve Fund. The
Selectmen’s Meeting – July 9, 2012
current $860,000 balance of the Reserve Fund will not be used and will ultimately become free
cash.
The Appropriation Committee has approved the following proposed 3% and salary adjustment
account transfers.
Salary Adjustment Account Transfers
From To
Account Name Amount Account Name Amount
Salary Adjustment Account $ (4,000) Finance Regular Wages $ 4,000
Salary Adjustment Account $ (6,000) MIS Regular Wages $ 6,000
Salary Adjustment Account $ (5,000) Town Manager’s Office Regular $ 5,000
Wages
Salary Adjustment Account $(15,000) Police $15,000
Total $(30,000) Total $30,000
3% Rule
From To
Account Name Amount Account Name Amount
Selectmen Expenses $ (3,000) Selectmen’s Personal Services $ 3,000
Comptroller’s Expenses $ (3,000) Selectmen Personal Services $ 3,000
Comptroller’s Expenses $ (2,000) Human Services Personal Services $ 2,000
Total $ (8,000) Total $ 8,000
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the proposed
FY2012 3% Rule and Salary Adjustment Account transfers, as presented.
Busa Land Use Delineation
Ms. Mauger explained that at the Selectmen’s Goal Setting Meeting on June 28, 2012, the
Selectmen discussed the need to move quickly on delineating land use for the Busa Farm
property so that the RFP can be completed. She hoped the Selectmen could decide on how much
land to use for the affordable housing so engineering can do accurate delineation of the land.
LexHAB proposed using the entire area on Lowell Street, but not go deep, which would use
approximately 30,000 square feet.
Mr. Kelley only wants to commit to using one-third of the Lowell Street frontage for one
structure with 4 units. Focus should be on 1-2 bedroom units for seniors
Mr. Manz does not think multi-unit dwellings are popular in Lexington. He thinks the viewscape
would not be affected if there was adequate room between the houses, as was presented by
LexHAB. The number of units can be decided later.
Selectmen’s Meeting – July 9, 2012
Mr. Burnell feels the Board needs to decide how many units at same time as they delineate the
land. He would like the units in blocks of four units using no more than ½ of the Lowell Street
frontage (approximately 15,000 square feet). Blocks of four units allows all the units to be
counted in Lexington’s affordable housing inventory.
Laurel Kane, Arlington Resident, stated it was important to leave the viewscape open.
Bella Tsvetkova, 42 Lowell Street, does not support building units deeper into property because
it will change her view; she suggests no more than one structure with two units.
Danielle Boudrot, 3 Lowell Street, said sunsets are spectacular and she would be heartbroken if
the vista is blocked.
Carolyn Goldstein, 18 Kendall Road, said the view should be preserved, the farm needs to be
visible and the housing minimized.
Bob Pressman, 22 Locust Street, talked about the importance of affordable housing in Lexington.
Ken Karnofsky, 78 Bertwell Road, wants the view preserved and the Selectmen to review the
different options presented by Mr. Oldenburg on behalf of LexFarm using a minimum of land.
Mark Sandeen, Precinct 6, suggests that using less land for affordable housing gives more land to
the farm, which will mean more farm revenue.
Mr. Kelley plans to provide affordable housing drawings using only 1/3 of the frontage at the
July 30 meeting.
Upon motion duly made and seconded, it was voted 3-2 (Mauger and Manz opposed) to put off
discussion of Busa land delineation until July 30 meeting.
Goal Setting Follow-up
As a follow-up to the Goal Setting meeting held on June 28, Mr. Valente provided the Selectmen
with a list prepared by staff of proposed goals for FY2013-2014, a list of items that were
discussed but have no specific goal and items that were not discussed. The Selectmen felt the
lists accurately captured the goal setting discussion. Mr. Burnell requested that the
Organizational Culture in the list with no specific goal include an action item for staff to provide
input on projects to the Selectmen on a more regular basis.
Letter Supporting EPA’s Proposed Mercury and Air Toxics Standards for Power Plants
Mr. Burnell, as liaison to the Sustainable Lexington Committee, encourages the Selectmen to
support sending a letter to the Environmental Protection Agency to express its support for the
EPA’s recently issued Mercury and Air Toxics Standards for Power Plants.
Selectmen’s Meeting – July 9, 2012
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the proposed letter
to EPA supporting their proposed mercury and air toxics standards for power plants.
Appointments/Resignations
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300 Anniversary Celebration Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignations of Cynthia
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Savage and Denise Dube from the 300 Anniversary Celebrations Committee, effective
immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Margaret Counts-Klebe and
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Kimberly Coburn to the 300 Anniversary Celebrations Committee.
Communications Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Nicholas Lauriat to the
Communications Advisory Committee for a term to expire September 20, 2014.
Dissolve the Personnel Advisory Committee
Mr. Cohen explained that for many years the Personnel Advisory Board (PAB) advised the
Town on personnel issues. Now that the Town has a full-time Human Services Director, there
has not been a need for the PAB.
Upon motion duly made and seconded, it was voted 5-0 to dissolve the Personnel Advisory
Board.
Grant Agreement – Buckman Tavern Historic Structure Report
The 2012 Annual Town Meeting appropriated $65,000 to fund a historic structure report, which
will include a needs assessment, human, structural and architectural history of the tavern and a
restoration plan. The Buckman Tavern is owned by the Town but is leased long term to the
Historical Society.
Upon motion duly made and seconded, it was voted 5-0 to approve the Grant Agreement
between the Lexington Historical Society and the Town of Lexington for the Buckman Tavern
Historic Structure Report and Needs Assessment.
Consent Agenda
Angela/Jere Frick Conservation Land Beautification and Maintenance Fund
The Trustees of Public Trusts have agreed to hold this trust fund, which was established in
memory of Jere Frick’s passionate support of Lexington Conservation and conservation lands.
Money from the fund will be used for plantings, signage, maintenance, or any other project that
focuses on the care and enhancement of town conservation land.
Selectmen’s Meeting – July 9, 2012
Upon motion duly made and seconded, it was voted 5-0 to accept the terms of the Angela/Jere
Frick Conservation Land Beautification and Maintenance Fund.
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300 Anniversary Celebration Committee – Letter to Other Lexington Cities and Towns
Upon motion duly made and seconded, it was voted 5-0 to sign and send letters to 21 other
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Lexington cities and towns inviting them to participate in the 300 anniversary celebration.
PEG Expenditure for High School Video System
Upon motion duly made and seconded, it was voted 5-0 to approve a PEG expenditure of up to
$30,000 for a video camera system for the high school.
Upon motion duly made and seconded, it was voted to adjourn at 8:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
July 24, 2012
A joint meeting of the Board of Selectmen, Appropriation Committee, Capital Expenditures
Committee and Community Preservation Committee was held on Monday, July 24, 2012, at 7:00
p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr.
Kelley, Mr. Cohen and Mr. Manz; Mr. Valente, Town Manager; Ms. Vine, Deputy Town
Manager; Mr. Addelson, Comptroller; and Ms. Pease, Executive Clerk, were present.
ALSO PRESENT: All Appropriation Committee members except Mr. Levine; All Capital
Expenditure Committee members except Mr. Edson; and all Community Preservation
Committee members.
Upon motion duly made and seconded, it was voted 4-0 to go into executive session to discuss a
possible real estate purchase and to reconvene in open session only to adjourn. Further, the
Chairman declared that an open meeting may have a detrimental effect on the negotiating
position of the Town.
Upon motion duly made and seconded, it was voted 5-0 by roll call to adjourn at 8:25 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
July 30, 2012
A regular meeting of the Board of Selectmen was held on Monday, July 30, 2012, at 6:00 p.m. in
the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr.
Cohen, Mr. Manz; and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to discuss strategy with respect to litigation involving Mal’s Auto Body and Repair Shop (David
George v. Malcolm Keljikian, Civil Action Docket No. MIC2010-4193) and to reconvene to
open session. The Chairman further declared that an open meeting discussion may have a
detrimental effect on the litigating position of the Town.
The Selectmen voted by roll call to return to open session at 6:50 p.m. and recessed until 7:00
p.m.
Public Comment
Mr. Sullivan, Global Montello Group Corporation, requested 20 minutes to give a presentation
on a Community Choice Aggregation Proposal for Lexington that would help lower electric
rates. The Selectmen will follow up with Mr. Sullivan.
Town Manager Report
Mr. Valente reported on four items:
1.DPW will begin improving the landscaping between Edison Way and the NStar parking
lot. Existing fence and shrubs will be removed and replaced with three trees, 369 day
lilies, curbing and pathways.
2.Resurfacing of Massachusetts Avenue will begin next week and continue for two weeks
from Waltham Street to just past the Cary Library.
3.The water main repair on Bedford Street/Route 128 overpass for this past weekend was
cancelled due to weather. The repair has been scheduled for this coming weekend.
4.The Human Services Department has hired Kelly Axtell as the new Assistant Director for
Outreach and she will start on August 20.
Grant of Location – National Grid – Bloomfield Street
Mr. Regan, Permit Representative, requested approval of this request to provide new service to
82 Bloomfield Street.
Selectmen’s Meeting – July 30, 2012
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for Bloomfield
Street for National Grid to install and maintain approximately 100 feet of 4” gas main in
Bloomfield Street.
Grant of Location – National Grid – Sheridan Street
Mr. Regan, Permit Representative, requested approval of this request to provide service to 11
and 13 Sheridan Street.
Mr. Gassmann, 12 Sheridan Street, asked when the work would be done and if the neighbors are
notified. The Selectmen suggested contacting the Engineering Department to ask to be notified
about when work would begin.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for Sheridan
Street for National Grid to install and maintain approximately 160 feet of 4” gas main in
Sheridan Street.
Grant of Location – National Grid – South Rindge Avenue
Mr. Regan, Permit Representative, requested approval of this request to provide new service to
19 South Rindge Avenue.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for South Rindge
Avenue for National Grid to install and maintain approximately 165 feet of 2 “ gas main in South
Rindge Avenue.
Concept for Liquor License at Paint and Sip Establishment
Mr. Finch, The Brush & Goblet, presented a concept to the Selectmen for an establishment
where people come for a 2-3 hour paint session with an instructor and while they are painting
they can also have food and alcohol. At the end of the session they take their painting home.
There are currently 200 across the country. Mr. Finch is currently working on opening a location
in Portland, Maine, and is now looking for new locations.
The Selectmen think additional research is needed and wondered how the concept would fit into
the current alcohol regulations. The concept would need to fit into the Alcohol Regulations for
Restaurants. Mr. Finch will follow-up with the Selectmen’s Office.
Franklin School Refinancing
Ms. Adnani and Ms. Welch, Community Buildings, explained that MassHousing initiated a
refinancing program to address financial issues and capital needs across their SHARP/RDAL
portfolio. MassHousing conducted a Capital Needs Assessment to determine the amount of
capital needs Franklin School would require for the next 20 years. They are allowing the
Selectmen’s Meeting – July 30, 2012
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Partnership to repay the existing 1 mortgage and obtain a new First Mortgage by another lender.
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The new 1 mortgage loan will likely be an RHA-insured mortgage, with a very low interest rate
and a 35-year amortization/term. Mass Housing’s non-SHARP soft debt will be increased to
allow a deposit of $1,005,000 to the property’s Replacement Reserve account.
Community Builders is requesting that the Selectmen consider: Subordination of the Lexington
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Mortgage loan to a new 1 Mortgage loan and Lexington Loan Maturity/Purchase Option.
Mr. Burnell questioned whether the $1 million should go toward paying the interest of the loan
down or into reserves and suggested that the request be reviewed by finance staff. Mr. Cohen
reminded the Board that Franklin School has been fixed up and this request will allow some
money to be available for future capital needs and does not change the Town’s position.
Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Burnell abstained) to approve the
Franklin School refinancing plan as presented.
Recognition of Marge Battin
Mr. Cohen, at the request of William Daily, suggests that the Selectmen vote to approve the
following:
a.planting a Canadian birch or similar species depending on what can survive in this climate in
front of the Town Office Building since Mrs. Battin was born in Canada; and
b.naming the Cary Hall the Margery Milne Battin Auditorium in Cary Hall, which would be a
wonderful tribute to Mrs. Battin.
The Naming of Facilities and Placement of Memorials Policy allows the Selectmen to honor
people who have done either something that is a group or individual, had some historical event
or individual or group who contributed to the acquisition and development of land or individual
who has made significant contribution to the community as whole.
Mr. Cohen cannot think of anybody that has made more of a significant contribution to this
community than Mrs. Battin. The fact that Lexington has the Town Manager/.Selectmen form of
government was actually Mrs. Battin’s idea. She was Chair of the committee in the 1960’s that
recommended the Town Manager/Selectmen form of government. He thinks the Town is in such
great shape because of all the contributions from this form of government.
Mr. Manz did some research on the naming of rooms in Cary Memorial Building and feels this
naming will remove some of the confusion of the building and room names and also feels the
suggested naming does not step on any other dedication.
Mr. Kelley feels the naming of Cary Hall and the tree planting would be an appropriate tribute to
Mrs. Battin for her many contributions to Lexington, including as Town Moderator and
Selectman.
Selectmen’s Meeting – July 30, 2012
Mr. Burnell feels Ms. Battin’s most important contribution to Lexington was the Town
Manager/Selectmen form of government and bringing and maintaining civility in Town Meeting
and of guiding Town Meeting through debates and arguments in a collegial manner.
Ms. Mauger was privileged to know and work with Mrs. Battin. She did everything with her
usual wit, grace and intellect and is a role model to the citizens of Lexington.
In honor of Marge Battin, it is suggested that a Canadian Birch be planted in the area in front of
the Town Office Building along Massachusetts Avenue and that Cary Hall be named the
Margery Milne Battin Auditorium in Cary Hall.
Upon motion duly made and seconded, it was voted 5-0 to approve naming Cary Hall the
Margery Milne Battin Auditorium in Cary Hall in recognition of Margery Battin.
Upon motion duly made and seconded, it was voted 5-0 to honor Marge Battin by planting a
Canadian Birch in front of the Town Office Building with the location and species of the tree to
be decided in consultation with the Tree Committee and Tree Warden.
Busa Land Use Delineation
Ms. Mauger explained that the Selectmen need to delineate the land to be used for affordable
housing so that an RFP can be prepared and sent out for the Community Farm. She hopes the
Board will be able to decide on the delineation, to vote a concept and the general area where
affordable housing should be placed. The Board has heard and read all the comments from the
community asking that the farmland be preserved and the viewscape. She hopes public comment
will be only for those who have not spoken previously or who have new ideas.
Because of some incorrect correspondence from residents alleging LexHAB’s unwillingness to
compromise on affordable housing on the Busa property, Mr. Cohen wanted residents to know
that LexHAB, as a Selectmen-appointed Committee, was asked by the Selectmen for a
recommendation on building affordable housing on the Busa property. The Selectmen
appreciate all the work LexHAB has done; they have a very successful program of providing
affordable housing rentals. The Selectmen have listened to several proposals for affordable
housing on the Busa property and will be making a final decision soon.
Mr. Kennedy, representing LexHAB, briefly presented their plan for building four 2-unit houses
using 30,000 sq. feet of the proposed frontage. The proposed housing is similar in size to
existing homes in the area. They will use only 90 feet of the depth, instead of 120 feet.
Viewscape will still be visible between the 4 units. They believe this plan is in keeping with the
character of the neighborhood and provides a reasonable addition to needed affordable housing.
Selectmen’s Meeting - July 30, 2012
Mr. Oldenburg, at the request of Mr. Kelley, proposed a plan using only 1/3 of the frontage on
Lowell Street. The proposal is for one building with 4 units, built similar to the existing house
next door on Lowell Street. The building would be a 3-story building that looks like a 2-story
from the street.
Mr. Kelley is interested in using only 1/3 of the frontage and saving the viewscape. He believes
Mr. Oldenburg’s proposal achieves that. He also suggests that the Selectmen consider doing
senior housing with 1-bedroom units which would help bring the mass of the building down in
size.
Mr. Boudrot, 3 Lowell Street, asked the Selectmen to support Mr. Oldenburg’s plan.
Ms. Manz, Housing Partnership Board, suggests that the Board consider the LexHAB plan for 4
units spread out so that there is still a view.
Mr. Bartenstein, 46 Sanderson Road, would like to see the view preserved.
Ms. Haskell, 6 Trotting Horse Drive, supports the LexHAB proposal for 8 units.
Ms. Barns, Arlington, wants the viewscape preserved and supports Mr. Oldenburg’s proposal .
Ms. Kluckman, 1984 Mass. Avenue, suggests that the Board delineate the entire piece of land for
housing and leave flexibility for designing the affordable housing.
Mr. Manz supports delineating the land and then deciding at a later date on the number of units.
Mr. Cohen supports using ½ of the frontage for housing and asking LexHAB to build 2 buildings
with a total of 4 units.
Mr. Burnell would like LexHAB to manage the units as long as they all qualify for affordable
housing. He supports Mr. Oldenburg’s proposal but suggests using up to ½ of the frontage.
Mr. Kelley proposed a motion to commit no more than 1/3 of frontage on Lowell Street for
LexHAB to create and build 4 units of affordable housing with a depth not to exceed 120 feet.
Ms. Mauger seconded the proposed motion and asked for further discussion. She feels it is
important to keep the viewscape if possible. She also asked Mr. Oldenburg about whether there
was adequate area for stormwater. Mr. Oldenburg said there are different methods of
determining that and felt it could be worked out.
Mr. Manz does not support the proposed motion because there would not be enough frontage to
build the correct size housing. A mcmansion should not be built on a small lot.
Selectmen’s Meeting – July 30, 2012
Mr. Burnell moved to amend the motion to build on not to exceed ½ of the frontage instead of
1/3. Mr. Cohen seconded. This would allow LexHAB to discuss alternatives with Mr.
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Oldenburg and come up with a 3 option. Mr. Cohen does not support one large building with 4
units. Using ½ of the frontage gives more flexibility in designing the affordable housing units.
Upon motion duly made and seconded, it was voted 3-2 (Ms. Mauger and Mr. Kelley opposed)
to support Mr. Burnell’s amendment to build affordable housing on a footprint not to exceed ½
of the frontage from the private property to the Arlington Town Line limiting the depth to the
least practical need.
Upon motion duly made and seconded, it was voted 3-2 (Mr. Kelley and Mr. Manz opposed) to
build 4 units on not to exceed ½ of the frontage from the private property to the Arlington Town
Line limiting the depth to the least practical need.
Mr. Valente will base his request to Engineering for a delineated footprint to ½ of available
frontage with a depth of 120 feet. It was suggested that the deed restriction will not be recorded
until a design and plan for affordable housing has been finalized. This delineation will allow the
RFP for a Community Farm to be finalized.
The Selectmen would like LexHAB and Mr. Oldenburg to discuss possible housing options to
bring back to the Board for review. It will be important to pin down the housing details so the
deed restriction can be finalized and recorded.
Community Farming Draft RFP – Policy Questions
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Mr. Valente provided a 1 draft of an RFP for the long-term lease of the Busa Farm for a
community farm. A number of issues require guidance from the Selectmen before the RFP can
be finalized.
1.Lesee’s organization status – private v. not-for-profit? The Board would like to keep this
option open.
2.Should the lessee be allowed to operate a farm stand on-site and should they be allowed
to sell non-farm products? The Board assumes there will be a farm stand and other items
sold should be related to the farm. It was suggested that the RFP ask the respondents to
explain how any non-farm products for sale relate to their business plan.
3.Should the lessee be required to operate the farm as a Community Support Agriculture
Operation? The Selectmen all agreed it should not be required.
4.Term of the lease? The Selectmen agreed on a 10-year lease with 5 year renewals as long
as it includes a clause to terminate the lease in case they cannot fulfill the terms of the
lease.
Selectmen’s Meeting – July 30, 2012
5.Expectation in terms of lease payments – minimum payment: Should lease payments be
allowed to be back-loaded to promote the financial stability of the operation? The
Selectmen support including back-loading and including a minimum lease payment
equivalent to what Busa currently pays per year and if proposals include higher lease
payments they will be ranked higher when evaluated.
6.Limitation of the hours of daily operation? The Board supports the requirement for a site
plan review that addresses any issues that would affect the neighbors and includes a
public hearing process.
7.Limitation on the hours of operation of mechanical equipment? The Board supports the
requirement for a site plan review that addresses any issues that would affect the
neighbors and includes a public hearing process.
8.Limitation on the hours of operation of a farm stand? The Board supports the
requirement for a site plan review that addresses any issues that would affect the
neighbors and includes a public hearing process.
9.Allow for “U-Pick”? The Board supports allowing for “U-Pick”.
10.Does a prospective lessee need to demonstrate prior experience in operating a farm? The
Selectmen would like the prospective lessee to show why they should be picked to run
the farm.
11.Does a prospective lessee need to demonstrate prior experience in educational
programming? The prospective lessee should present how they will handle the
educational piece.
12.Does a prospective lessee need to demonstrate an historical connection to Lexington or
would preference be given to someone who does and if so, how would that be measured?
The Board is not concerned with historical connection, they would like some connection
to Lexington and hope historical piece is introduced as part of the education piece.
13.Should the lessee be required to create and maintain pathways across the property linking
it to other sites in the area such as Farm Road to Lowell Street, to the Rindge Avenue
Recreation Land and to the path along the Arlington Reservoir? The RFP should
encourage allowing as much access, if possible, like it is today.
14.Prior to commencement of operations, should the lessee be required to submit a site plan
to the Board for its review and approval? This would allow for the Board’s assessment of
the proposed plan’s impacts on health, safety, convenience, municipal services, traffic,
the environment, the neighborhood and aesthetics, and would allow for the Board to
establish conditions that would address potential impacts. The Selectmen would like to
use the site plan review process.
15.Should the lessee be required to post a security deposit or a bond to cover potential clean-
up costs at the end of the lease related to any contamination or damage to the property?
The Selectmen want the RFP to include some type of security deposit or surety bond for
that purpose.
The RFP will be revised to include the Selectmen’s suggestions and then brought back to the
Selectmen for approval.
Selectmen’s Meeting – July 30, 2012
33 Marrett Road Potential Property Acquisitions
The Town was approached by the Scottish Rite, which owns the property at 33 Marrett Road,
about whether the Town would be interested in purchasing a portion of their property. The
property is approximately 10.4 acres and includes three buildings: their main headquarters
building, the carriage house and the residential property on Marrett Road. The National Heritage
Museum and related property are not included and the museum will continue to operate. The
Scottish Rite staff will be relocating into a portion of the Museum by August 2013.
If the Board is interested in evaluating the property, the following steps were recommended:
1.undertake two appraisals of the property to determine the value for the highest and best
use; and
2.retain the services of an architect to evaluate whether this property and related buildings
can meet any of the Town’s facility needs.
The Community Preservation Committee has authorized using up to $40,000 to be used for the
two appraisals and for an architect to evaluate the property and buildings.
The Selectmen are all excited about the unique opportunity to purchase this property and believe
it is important to do lots of homework and evaluate how the Town could use the property.
Upon motion duly made and seconded, it was voted 5-0 to direct the Town Manager to undertake
an appraisal of this property and to retain the services of an architect to evaluate whether the
property will meet the Town’s facilities needs.
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Approve Request of 300 Celebration Committee for Banner Acr4oss Mass. Avenue
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The 300 Anniversary Celebration Committee requested permission from the Selectmen to hang
a banner across Massachusetts Avenue, in the same position, size and shape as the “Vote Today”
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banner. The purpose is to increase interest and support for the 300 celebration events. The
proposed wording, which has not been finalized, is: Lexington 300, Join the Celebration –
www.lexington300.org”.
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Upon motion duly made and seconded, it was voted 5-0 to approve the request of the 300
Anniversary Celebration Committee to hang a banner across Massachusetts Avenue (in the same
position, size and shape of the “Vote Today” banner) for one week prior to six (6) major events
scheduled in August, September, and November 2012 and March, April and May 2013.
Appointment of Election Officers
The Board reviewed the request from the Town Clerk to appoint election officers for the period
beginning September 1, 2012.
Selectmen’s Meeting – July 30, 2012
Mr. Cohen and Mr. Burnell pointed out that they will abstain because their wives are Election
Officer Candidates.
Upon motion duly made and seconded, it was voted 3-2 (Cohen and Burnell abstained) to
appoint Election Officers as presented in a memo from the Town Clerk dated June 21, 2012 for
the period beginning September 1, 2012.
Appointments to the Townwide Facilities Master Planning Committee
The Selectmen have decided who the members should be and the Liaison Committees have
provided their representatives. The suggested members are: George Burnell and Peter Kelley,
representing the Selectmen; Jessie Steigerwald, representing the School Committee, John
Carroll, William Kennedy, Jeanne Krieger and Richard Pagett.
The Liaisons will be: Mark Corr, Police; James Goell and Laura Hussong, Community Center
Task Force; David Kanter, Capital Expenditures Committee; Paul Lapointe, Council on Aging;
Alan Levine and Joe Pato, Appropriation Committee; Louise Lipsitz, School Superintendent
designee; John McWeeney, Permanent Building Committee; John Wilson, Fire; and Linda Vine,
the Town Manager designee. Patrick Goddard, Facilities Director, will staff the Committee.
Upon motion duly made and seconded, it was voted to appoint George Burnell, John Carroll,
Peter Kelley, William Kennedy, Jeanne Krieger, Richard Pagett and Jessie Steigerwald to the Ad
Hoc Townwide Facilities Master Planning Committee.
Upon motion duly made and seconded, it was voted 5-0 to appoint William Kennedy as Chair of
the Ad Hoc Townwide Facilities Master Planning Committee.
Upon motion duly made and seconded, it was voted 5-0 to designate all members of the Ad Hoc
Townwide Facilities Master Planning Committee as Special Municipal Employees.
Resignation from 2020 Vision Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Janice
Frascatore from the 2020 Vision Committee, effective immediately.
Approve Building Division Fee Schedule
Mr. Valente explained that the fee schedule for the periodic Inspection of Existing Buildings was
previously established by the State and appeared in the State Building Code. This fee schedule
has been removed from the latest Code and the Building Commissioner is requesting that the
Selectmen adopt the same fee schedule that previously appeared in the Code. Further, the
Building Commissioner is recommending a change to the Schedule of Construction Permit Fees.
Selectmen’s Meeting – July 30, 2012
The Zoning Enforcement Officer used to provide zoning opinions and charge a $50 fee. For
legal reasons, the Zoning Enforcement Officer no longer provides these opinions, so this fee has
been deleted from the schedule.
Upon motion duly made and seconded, it was voted 5-0 to adopt the fee schedule for
Construction Permits and Periodic Inspections of Existing Buildings, as proposed.
Amend Building Permit and Fee Policy
In reviewing the Selectmen’s Policy on Building Permits and Fees, the Building Commissioner
pointed out some ambiguity in Section 2 regarding fees for governmental entities, which were
revised for the Selectmen’s consideration.
Upon motion duly made and seconded, it was voted 5-0 to approve the amended Building
Permits and Fees Policy, as presented.
Extend Days of Operation for Bike Corral
The bicycle parking pilot program allowed for the conversion of one vehicle parking space into
an area for 15-20 bicycles on the weekends from May through October 2012. Given the
community’s positive reception and reports of high utilization, the Economic Development and
Planning Departments request that the pilot program be extended to include weekday operation
until Labor Day, September 3, 2012.
Upon motion duly made and seconded, it was voted 5-0 to authorize the bike corral located on
Massachusetts Avenue currently open on weekends to remain open daily through September 3;
at which time it will revert back to being open weekends through October 31, 2012.
Sign Wright Farm Purchase and Sale Agreement
Mr. Valente provided the Board with a copy of the proposed Purchase and Sale Agreement for
the Wright Farm conservation land that was approved at the 2012 Annual Town Meeting for a
sale price of $2,950,000. The Selectmen’s vote will authorize the Town Manager and
Conservation Commission to approve and sign the final documents.
Upon motion duly made and seconded, it was voted 5-0 to approve that certain Purchase and
Sale Agreement concerning the Town Conservation Commission’s purchase of Parcel 1 and
option to purchase Parcel 2 (Wright Farm) in substantially the form presented to the Board at its
July 30, 2012 meeting, with final changes to be approved by the Town Manager in consultation
with Town Counsel as reasonably necessary.
Selectmen’s Meeting – July 30, 2012
Review of SAFER Grant
The Town received notice from FEMA of a SAFER grant to fund the salary and benefits for 6
additional firefighters. Mr. Valente reviewed the recommendations for the SAFER Grant, which
must be accepted or declined by the Town by August 6.
The grant would cover the salary and benefits to hire up to six additional firefighters for a two-
year period (FY2013-2014) and the funds must start to be spent within 60 days of receiving the
final grant document. After the two year period the Town has no obligation to continue to fund
the positions. Interim Chief Hoyle applied for the grant to provide the Town with the option to
fully staff Medic 2. Current funding in the FY2013 budget allows staffing Medic 2 Monday-
Friday, 8:00 a.m. to 6:00 p.m.
For this two-year grant, Chief Wilson and the Town Manager recommend:
1.That the grant funds be accepted to hire four firefighters/paramedics, which will qualify
under the grant;
2.That the two firefighters currently in the budget to staff Medic 2 on weekdays not be
hired at this time, but that this funding remain in the budget;
3.That the two new SAFER funded firefighters be assigned to Medic 2 to staff it Monday to
Friday 8:00 a.m. to 6:00 p.m. and that the other two hires be assigned to regular work
groups to fill positions where there are long-term vacancies which the Town is currently
required to cover with overtime.
At the conclusion of the grant it is recommended that funding for the two firefighters currently in
the budget be used to retain two of the SAFER funded firefighters and that the Selectmen
consider increasing the ambulance fees in FY2015 to generate funding to retain the other two
SAFER firefighters. Lexington’s ambulance fees are below neighboring communities.
To implement this proposed plan will require bargaining with Fire Union and there may be some
additional modifications made to these recommendations.
The objective in three years is to have both Medic 1 and Medic 2 running 24 hours a day, 7 days
a week, but the Town wants to look at the financial implications to make sure it is sustainable.
Increasing the ambulance fees will help.
The Town Manager and Fire Chief will finalize the SAFER Grant submitted and conduct
negotiations with the Fire Union.
Approve and Sign Grant Agreement – Greeley Village Accessible Housing Project
Upon motion duly made and seconded, it was voted 5-0 to approve the grant Agreement for the
Greeley Village Accessible Housing Project between the Lexington Housing Authority and the
Town of Lexington.
Selectmen’s Meeting – July 30, 2012
Sign September 6, 2012 State Primary Warrant
Upon motion duly made and seconded, it was voted 5-0 to sign the Thursday, September 6,
2012, State Primary Warrant.
Consent Agenda
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments
and adjustments of water and sewer charges:
Commitment of Water/Sewer charges April 2012 Finals $3,627.12
Commitment of Water/Sewer charges May 2012 Finals $7,171.79
Commitment of Water/Sewer charges June 2012 Finals $20,026.96
Commitment of Water/Sewer charges Commitment May 2012 (SP0312 Sec 3) $2,854,980.09
Commitment of Water/Sewer charges April 2012 (Cycle 9/fee for Bedford) $210,800.67
Commitment of Water/Sewer charges May 2012 (Cycle 9/fee for Bedford) $201,643.32
Commitment of Water/Sewer charges June 2012 (Cycle 9/fee for Bedford) $229,937.61
Adjustments to Water/Sewer as recommended by WSAB FY13 ($32,091.98)
Adjustments to Water/Sewer as recommended by WSAB FY13 ($36,047.62)
Approve Use of Battle Green – ASPROSAR Walk for Vision
Upon motion duly made and seconded, it was voted 5-0 to approve a request to use the Battle
Green on Sunday, September 30, 2012, from 2:00 p.m. to 5:00 p.m. for registering participants
for the ASAPROSAR Walk-a-thon fundraiser.
Ratify Poll Vote – Lower Battle Green Flag for Victims of Aurora Shooting
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle
Green flag from July 23 through July 25, 2012 honoring the victims of the tragedy in Aurora,
Colorado.
th
Ratify Poll Vote – Use of Battle Green – 300 Story by Chronicle
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve a request
to use the Battle Green for Channel 5 Chronicle to film the Fife and Drum Corps performing and
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to conduct interviews regarding the 300 celebration.
Approve Town Manager Vacation from August 28-31, 2012
Upon motion duly made and seconded, it was vote 5-0 to approve the Town Manager’s request
to take vacation time from August 28-31, 2012.
Donation to Conservation Commission
Upon motion duly made and seconded, it was voted 5-0 to accept the donation of a stone bench
from the Citizens for Lexington Conservation in memory of Bob Whitman to the Conservation
Commission for use at Parker Meadow Conservation Area.
Selectmen’s Meeting – July 30, 2012
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of June 18, 2012,
June 20, 2012, June 28, 2012 and July 9, 2012.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
to discuss the investigation of a criminal complaint/employee misconduct 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 Town’s investigation.
Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk