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Home My WebLink About2018-03-26 BOS-min Selectmen – March 26, 2018 Page 1 of 7 Selectmen’s Meeting March 26, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:00 p.m. on Monday, March 26, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai were present as well as Mr. Valente, Town Manager; and Ms. Katzenback, Executive Clerk. Selectmen Concerns and Liaison Reports Mr. Pato stated the Appropriation Committee has requested the Sustainable Lexington Committee to report at Town Meeting on the status on Getting to Net Zero. Mr. Pato noted the Board of Selectmen would need to put this request forth to the Moderator. ATM 2018 Warrant Articles 22 and 23 - Appropriate for Visitors Center Ms. McKenna, Petitioner Citizen’s Article 23, stated that Article 23 is going to be indefinitely postponed by reason that the Selectmen are in support of Article 22. Mr. Valente stated the motion for Article 22 will be updated to reflect $4,575,000 as the recommended funds being requested. Ms. Fenollosa, 10 Marshall Road, expressed concern regarding the demolition of the existing Visitor Center located on the Battle Green property indicating it is listed on the Historical Registry. Ms. Eccles, Chair of Historic District Commission, explained that the State indicated the Town of Lexington ultimately has the authority for the decision regarding the demolition of the existing Visitors Center. Mr. Kanter, Capital Expenditures Committee, Precinct 7, stated he feels that an approval of funding for Article 22 would be premature since the Historic Districts Commission has not yet given their feedback. General Board discussion ensued and the Board asked that this item be brought back a future meeting for further discussion in order to vote on the revised motion for Article 22. Update - ATM 2018 Warrant Article 45 - Amend Historic Districts Commission Special Act Ms. Eccles provided an update to the Board regarding the amendments being proposed by the Historic Districts Commission Ad Hoc 40C Study Committee to update chapter 447 of the Acts of 1956. Mr. Pato expressed concern regarding the recommended amendments and feels the article needs additional time and should be indefinitely postponed. Mr. Michelson, Center Committee Chair, stated the Center Committee had decided to vote against Article 45 based on the concern regarding the reduction of the Historic Districts Selectmen – March 26, 2018 Page 2 of 7 Commission nominating bodies which would remove diversity and business representation. Mr. Michelson indicated the Center Committee would like to review the article again after hearing the information presented at tonight’s Board of Selectmen’s meeting. Rabbi Jaffe, Cary Library Board, stated the Library Board supports diversity in the nominating bodies for the Historic Districts Commission and supports the recommendation to modify the nominating bodies understanding that ultimately the Library may be replaced with a different nominating entity on the Historic Districts Commission. Mr. Carrow, 42 Normandy Road, expressed that he feels there is a lack of transparency with information regarding Article 45. He feels more time is needed to incorporate additional public review. Ms. Ciccolo asked if Town Counsel has fully reviewed the motion for Article 45 and are there any concerns. Mina Makarious, Anderson & Kreiger, Lexington Town Counsel, explained the motion has been reviewed and Counsel has no concerns as to the language as the motion now stands. Ms. Barry recommended, that this Board discussion be continued at an upcoming Board of Selectmen meeting in order to order to complete tonight’s agenda items prior to the 7:30 p.m. start of Town Meeting. Update - ATM 2018 Warrant Article 34 - Make Lexington a "Welcoming, Inclusive, Safe Community" Ms. Barry recused herself as her husband is employed by the Town of Lexington as a Police Officer and Ms. Ciccolo presided over the meeting. Chief Mark Corr provided his comments regarding the 2018 Annual Town Meeting Warrant Article 34 - Make Lexington a “Welcoming, Inclusive and Safe Community” expressing his concern that the article does not appear to accurately reflect the current version of the Safe Communities Act. Mina Makarious, Town Counsel, explained that the Article 34 resolution will not legally bind the Lexington Police Department to act contrary to State and Federal Law. Margaret Heitz, 335 Marrett Road, Precinct 4, said she feels it is important to communicate that immigrants can feel safe in Lexington. Tony Rodriguez, 14 Loring Road, stated he feels the resolution as originally presented does not need to change. Mary Ann Stewart, Precinct 1, stated her support of the resolution. Loren Wood, 14 Benjamin Road, stated he does not feel the need for Article 34. General Board Discussion ensued regarding the concerns raised by Chief Corr. Selectmen – March 26, 2018 Page 3 of 7 Todd Burger, Petitioner Citizen’s Article 34, stated he is willing to amend the motion to address Chief Corrs concern. The Board confirmed Mr. Burger will ask the Moderator to postpone this Article to a later night in the 2018 Annual Town Meeting schedule in order for the Selectmen to review an amended motion. Ms. Barry returned to preside over the meeting. 2018 ATM Article Positions & Presenters The Board continued taking positions on 2018 Annual Town Meeting Articles. Appended to these minutes is the 2018 Annual Town Meeting Articles - Selectmen’s Positions Chart which reflects the Boards positions on 2018 articles as of March 26, 2018. Consent Agenda  Approve One-Day Liquor Licenses Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve six One- Day Liquor Licenses to serve wine at the Munroe Center for the Arts, 1403 Massachusetts Avenue for the purpose of an Art Show on the following dates: March 30, 2018 6:30 p.m. to 8:00 p.m. March 31, 2018 2:00 p.m. to 3:30 p.m.; April 6, 2018, 6:30 p.m. to 8:00 p.m.; April 7, 2018, 4:30 p.m. to 6:30 p.m.; April 13, 2018, 6:30 p.m. to 8:00 p.m.; April 14, 2018, 4:30 p.m. to 6:30 p.m. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve six One- Day liquor licenses to serve beer and wine at Cary Memorial Building 1605 Massachuseet Avenue, for the following events: Classic Albums Live, Friday, April 13, 8:00 p.m. to 11:00 p.m.; Something to Wine About, Laurie Forster, Friday, April 20, 8:00 p.m. to 11:00 p.m.; The Legendary Ladies of Motown, Sunday, April 22, 3:00 p.m. to 6:00 p.m.; The Capitol Steps, Saturday, April 28, 7:30 p.m. to 11:00 p.m.; John Sebastian & Tom Rush, Sunday, April 29, 3:00 p.m. to 6:00 p.m.; My Mother's Italian, My Dad's Jewish, I'm in Therapy, Sunday, May 6, 3:00 p.m. to 6:00 p.m. Documents Presented 1. Letter – Grant Carrow to Board of Selectmen regarding concerns to Article 45 2. Email – Marilyn Fenollosa to Board of Selectmen regarding concerns to Article 22 & 23 Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 7:25 p.m. A true record; Attest: Kim Katzenback Executive Clerk Selectmen – March 26, 2018 Page 4 of 7 2018 Annual Town Meeting Article Selectmen’s Positions as of March 26, 2018 FINANCIAL ARTICLES ARTICLE Barry Pato Ciccolo Lucente Hai 4 Appropriate FY2019 Operating Budget Y Y Y Y Y 5 Appropriate FY2019 Enterprise Funds Budgets Y Y Y Y Y 6 IP - Appropriate for Senior Services Program IP IP IP IP IP 7 Appropriate for Advice and Analysis-Getting to Net Y Y Y Y Y Zero 8 Appropriate to create Diversity Advisory Task Y Y Y Y Y Force 9 Establish and Continue Departmental Revolving Y Y Y Y Y Funds 10 Appropriate for FY2019 Community Preservation Committee Operating Budget and CPA Projects a. IP - Conservation Land Acquisition- TBD IP IP IP IP IP b. Community Center Sidewalk- TBD Y Y Y Y Y c. Archives & Records Management/Records Y Y Y Y Y Conservation & Preservation - $20,000 d. 9 Oakland Street- Renovation and Y Y Y Y Y Adaptive Re-Use - $200,000 e. Public Grounds Irrigation Improvements - Y Y Y Y Y $100,000 f. Playground Replacement Program- Y Y Y Y Y Bowman School - $302,000 g. Athletic Facility Lighting - $975,000 Y Y Y Y Y h. Center Track and Field Reconstruction - Y Y Y Y Y $3,340,000 i. Old Reservoir Bathhouse Design - $75,000 Y Y Y Y Y j. Lowell Street/Farmview Affordable Y Y Y W W Housing Supplemental Funds - TBD k. CPA Debt Service - TBD Y Y Y Y Y l. Administrative Budget - $150,000 Y Y Y Y Y 11 Appropriate for Westview Cemetery Building Y Y Y Y Y Construction 12 Appropriate for Lexington Children’s Place Y Y R Y Y Construction 13 Appropriate for 45 Bedford Street/Fire Station Y Y Y Y Y Replacement 14 Appropriate for Lexington Police Station Re-Build-Y Y Y Y Y Design Selectmen – March 26, 2018 Page 5 of 7 FINANCIAL ARTICLES ARTICLE Barry Pato Ciccolo Lucente Hai 15 Appropriate for Recreation Capital Projects Y Y Y Y Y 16 Appropriate for Municipal Capital Projects and Equipment a. Hydrant Replacement Program Y Y Y Y Y b. Storm Drainage Improvements and Y Y Y Y Y NPDES compliance c. Comprehensive Watershed Stormwater Y Y Y Y Y Management Study and Implementation d. Townwide Culvert Replacement Y Y Y Y Y e. IP - Center Streetscape Improvements- IP IP IP IP IP Design f. IP - Automatic Meter Reading System IP IP IP IP IP g. Sidewalk Improvements Y Y Y Y Y h. Equipment Replacement Y Y Y Y Y i. Townwide Signalization Improvements Y Y Y Y Y j. Pelham Road Sidewalk and Roadway Y Y Y Y Y Improvements k. Street Improvements Y Y Y Y Y l. Hartwell Area TMOD Plan Update Y Y Y Y Y m. Transportation Mitigation Y Y Y Y Y n. Municipal Technology Improvement Y Y Y Y Y Program o. Application Implementation Y Y Y Y Y p. Network Core Equipment Replacement Y Y Y Y Y q. Police Radio Console Equipment Y Y Y Y Y Replacement 17 Appropriate for Water System Improvements Y Y Y Y Y 18 Appropriate for Wastewater System Improvements Y Y Y Y Y 19 Appropriate for School Capital and Equipment Y Y Y Y Y Appropriate for Public Facilities Capital Projects 20 a. Selectmen Meeting Room High Definition Y Y Y Y Y Broadcasting Upgrade b. Public Facilities Bid Documents Y Y Y Y Y c. Facility and Site Improvements Y Y Y Y Y i. Building Flooring Y Y Y Y Y Program i. School Paving Program Y Y Y Y Y Selectmen – March 26, 2018 Page 6 of 7 FINANCIAL ARTICLES ARTICLE Barry Pato Ciccolo Lucente Hai d. Public Service Building Vehicle Storage Y Y Y Y Y Area-Floor Drainage System e. Municipal Building Envelopes and Y Y Y Y Y Systems f. Community Center Expansion-Design Y W R Y W g. School Building Envelopes System Y Y Y Y Y h. LHS Security Upgrade Y Y Y Y Y i. Public Facilities Mechanical/Electrical Y Y Y Y Y System Replacements 21 Appropriate to Reimburse Resident for Sewer N N N N N Backup (Citizen Article) 22 Visitors Center Funding Y N Y Y Y 23 IP - Visitors Center Funding (Citizen Article) IP IP IP IP IP 24 Appropriate to Post Employment Insurance R Y Y Y Y Liability Fund 25 Rescind Prior Borrowing Authorizations Y Y Y Y Y 26 Establish, Dissolve and Appropriate to and from Y Y Y Y Y Specified Stabilization Funds 27 IP - Appropriate to Stabilization Fund IP IP IP IP IP 28 Appropriate from Debt Service Stabilization Fund Y Y Y Y Y 29 Appropriate for Prior Years’ Unpaid Bills W W W W W 30 Amend FY2018 Operating, Enterprise, and CPA W W W W W Budgets 31 Appropriate for Authorized Capital Improvements W W W W W ARTICLE GENERAL ARTICLES Barry Pato Ciccolo Lucente Hai 32 Amend General Bylaw-Regarding Financial Y Y Y Y Y Committees (Citizen Article) 33 Amend Town Bylaw-Ban Plastic Bags (Citizen Y Y Y Y Y Article) 34 Amend General Bylaw-Make Lexington a R W W W W “Welcoming, Inclusive, Safe Community” (Citizen Article) 35 IP - Resolution to Request Warrant Articles to be IP IP IP IP IP Accompanied by Financial Projections (Citizen Article) Selectmen – March 26, 2018 Page 7 of 7 ARTICLE GENERAL ARTICLES Barry Pato Ciccolo Lucente Hai 36 Amend General Bylaws to Repeal Prohibition of N Y N N N Recreational Marijuana Establishments in Town (Citizen Article R Y Y Y Y 37 Accept MGL Chapter 59, clause 5c ½ ARTICLE ZONING/LAND USE ARTICLES Barry Pato Ciccolo Lucente Hai 38 Amend Zoning Bylaw and Map in Commercial Y Y Y Y Y District/Marrett Road (Citizen Article) 39 Amend General Bylaw: Turning Mill Neighborhood Y Y Y Y Y Conservation District 40 Amend General Bylaw: Pierce-Lockwood Y Y Y Y Y Neighborhood Conservation District 41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y Y 42 Amend Zoning Bylaw for Special Permit (Citizen W W W W W Article) 43 Amend Chapter 135 Zoning Bylaw (Citizen Article) N N N N N Amend the General Bylaws-Demolition Delay Y Y Y Y Y 44 Amendments Amend Chapter 447 of the Acts of 1956 W W W W W 45