HomeMy WebLinkAbout2018-04-02 BOS-min
Selectmen – April 2, 2018
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Selectmen’s Meeting
April 2, 2018
A meeting of the Lexington Board of Selectmen was called to order at 6:02 p.m. on Monday,
April 2, 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. Siebert, Recording Secretary.
Open Meeting Law Complaint Regarding Article 45 of the 2018 Annual Town Meeting/Historic
Districts Commission Ad Hoc 40C Study Committee
Ms. Barry noted that a copy of the letter of complaint is in the Selectmen’s meeting packet and
on file on the Selectmen’s Office.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to delegate
responsibility for responding to the Open Meeting Law Complaint filed on March 30, 2018 by
Grant Carrow regarding Article 45 of 2018 Annual Town Meeting to Town Counsel.
Application for a Common Victualer License—Tres Petite Creperie
Augusto Rios, new owner of Tres Petite Creperie, has requested approval for a new Common
Victualler license to be issued to Myso Corporation d/b/a Tres Petite Creperie, 1707
Massachusetts Avenue, Suite 2, for the hours of Mon – Saturday 9:00 a.m. to 7:00 p.m. and
Sunday 9:00 a.m. – 5:00 p.m. All application requirements have been fulfilled by the applicant.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve common
victualler license as listed.
Approve Parklet on Massachusetts Avenue
Megan Zammuto, Economic Development Coordinator, asked the Board of Selectmen to
approve a public parklet at 1720 Massachusetts Avenue the first week in May through the last
week of October, 2018. This year will mark the fifth that a parklet has been installed in
Lexington Center during the summer months. The area is established by converting two public
parking spaces into a mini-park with seating for approximately 15 people and bike parking for
approximately 18 bicycles. In 2014, Lexington was the first town in Massachusetts to install a
parklet, intended to increase social spaces and enhance the Center retail district.
Mr. Lucente asked if staff has explored moving the parklet to another area of the Center, now
that the ice cream shop is no longer at this location. Ms. Zammuto said this could be considered
in the future.
Ms. Barry asked if the Board could vote approval for the parklet for longer than one year at a
time. Mr. Valente confirmed that the Board can do so. Ms. Ciccolo agreed with this approach,
citing the parklet’ success. She said she like would the parklet become a permanent, warm
weather fixture in the Center.
Selectmen – April 2, 2018
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Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the
installation of the Massachusetts Avenue parklet from first week in May through the last week in
October 2018, in two parking spaces in the vicinity of the Ride Studio Cafe at 1720
Massachusetts Avenue.
2018 Annual Town Meeting Positions and Presenters
Ms. Barry noted a concern raised by Ms. Ciccolo at the March 28, 2018 regarding Article 22—
Visitors Center Funding, saying the Board postponed taking positions until an answer about
grant funding was received. Mr. Valente reported that the grantee was contacted and there
appears to be no issue that the Visitors Center is located in the Historic District. With regards to
demolishing the current Visitor Center, Mr. Valente reported that Lexington HDC Chair Anne
Eccles said, in a matter such as this, the State Historic District Commission refers the matter
back to the local HDC.
Based on the revised motion, the Board took positions on Article 22—Visitors Center Funding:
Ms. Barry, Mr. Lucente, Ms. Ciccolo, and Ms. Hai voted to support the article; Mr. Pato voted
not to support the article.
Article 45—Amend Chapter 447 of the Acts of 1956: Mr. Pato said he had not yet seen the new
language of the motion. Citing a series of concerns about the previous language that he discussed
at an earlier Selectmen’s meeting, he drafted a series of amendments. He is waiting now to see if
any of these concerns will be addressed by the ad hoc Committee; if not, he will submit his
suggested changes at the Selectmen’s meeting on April 4. 2018.
Mr. Valente said staff has seen the Mr. Pato’s amendments but they have not been sent to Town
Counsel because the ad hoc Committee is still working on revisions. Ms. Barry said the
Selectmen’s Office will reach out to Anne Eccles to make sure she is available to join the
Board’s April 4 dialogue about Article 45; the suggested amendments will be included the
Selectmen’s Meeting Packet for the April 4 Board meeting.
Ms. Barry led the Board through the articles/position chart to update positions. The resulting
updated chart is appended to these minutes.
Annual Town Meeting Article 34—Amend General Bylaw—Make Lexington a “Welcoming,
Inclusive, Safe Community”—Revised Motion/Continue Discussion
Ms. Barry recused herself as her husband is employed as a Police Officer for the Town of
Lexington. Ms. Ciccolo assumed the role of chair for the item.
Ms. Ciccolo said that, following the citizens’ Article 34 presentation on March 28, 2018, item 6
in the motion was substantially revised, as recommended by the Board, so that it now refers to
the Safe Communities Act/Senate 1305. Additionally, it was noted that the Board received a
memo from Chief Corr of the Lexington Police that details how the article would affect Police
response.
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Mr. Lucente thanked the article’s proponent, Lexington People Power, for its flexibility and
willingness to work with Town staff on article revisions. Mr. Pato likewise supported the
revisions and stated that the issues addressed by Article 34 are important ones for the community
and the commonwealth; he believes the language of the motion now captures the core sentiments
of the community and supports the State Legislature moving forward with the Safe Communities
Act in a way that is comfortable for the Lexington Police Department. Ms. Hai stated she is
happy to see the sides of this question come together but asked where responsibility for the
adoption of Article 34 will lie if it is passed by Town Meeting. Mr. Valente said, following an
affirmative vote by Town Meeting, the motion would be forwarded by the Town Clerk to the
Police Department and the Police Manual Policy Committee would address it. Compliance,
however, would rest with the Town Manager’s Office. Ms. Ciccolo said the issue is one of
importance for the Lexington community, although it is complex; she is pleased the revised
motion is one that all can support and that it sends a clear message.
Todd Burger, Lexington People Power, thanked the Board for its February 2017 issuance of the
Inclusivity Proclamation and the Lexington Police Department for its willingness to work
collaboratively. Mr. Burger also reported that Lexington People Power is pleased with revisions
to the wording of the resolution that calls for changes to the Police Policy and Procedures
Manual to achieve compliance with the Safe Communities Act.
Margaret Heitz, 335 Marrett Road/Precinct 4, said she is pleased that the Town Manager will
take responsibility for ensuring that the resolution, if passed, is implemented in a proper fashion.
However, she asked the Town to appoint a person or commission to manage the implementation
of the resolution and to ensure that implementation is timely, efficient, and provides certainty.
All four participating Selectmen voted to support Article 34.
Consent Agenda
Approve One-Day Liquor License
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request
of the Cary Memorial Library Foundation for a one-day liquor license on May 5, 2018 from 7:00
p.m. to 10:00 p.m. for the purpose of their Social Evening Community Builder being held at the
Cary Memorial Library, 1874 Massachusetts Avenue.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 6:26 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
Selectmen – April 2, 2018
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2018 Annual Town Meeting Article Selectmen’s Positions as of April 2, 2018
ARTICLE FINANCIAL ARTICLES 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
Appropriate for Advice and Analysis-Getting to
7 Y Y Y Y Y
Net Zero
Appropriate to create Diversity Advisory Task
8 Y Y Y Y Y
Force
Establish and Continue Departmental Revolving
9 Y Y Y Y Y
Funds
Appropriate for FY2019 Community Preservation
10
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 -
Y Y Y Y Y
$75,000
j. Lowell Street/Farmview Affordable
Y Y Y Y Y
Housing Supplemental Funds - TBD
k. CPA Debt Service - TBD
Y Y Y Y Y
l. Administrative Budget - $150,000
Y Y Y Y Y
Appropriate for Westview Cemetery Building
11 Y Y Y Y Y
Construction
Appropriate for Lexington Children’s Place
12 Y Y R Y Y
Construction
Appropriate for 45 Bedford Street/Fire Station
13 Y Y Y Y Y
Replacement
Appropriate for Lexington Police Station Re-Build-
14 Y Y Y Y Y
Design
15 Appropriate for Recreation Capital Projects Y Y Y Y Y
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ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
Appropriate for Municipal Capital Projects and
16
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
d. Public Service Building Vehicle Storage
Y Y Y Y Y
Area-Floor Drainage System
Selectmen – April 2, 2018
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ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
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
Appropriate to Reimburse Resident for Sewer
21 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
Appropriate to Post Employment Insurance
24 R Y Y Y Y
Liability Fund
25 Rescind Prior Borrowing Authorizations Y Y Y Y Y
Establish, Dissolve and Appropriate to and from
26 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
Amend FY2018 Operating, Enterprise, and CPA
30 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
Amend General Bylaw-Regarding Financial
32 Y Y Y Y Y
Committees (Citizen Article)
Amend Town Bylaw-Ban Plastic Bags (Citizen
33 Y Y Y Y Y
Article)
Amend General Bylaw-Make Lexington a
34 R Y Y Y Y
“Welcoming, Inclusive, Safe Community”(Citizen
Article)
IP - Resolution to Request Warrant Articles to be
35 IP IP IP IP IP
Accompanied by Financial Projections (Citizen
Article)
Amend General Bylaws to Repeal Prohibition of
36 N N N N N
Recreational Marijuana Establishments in Town
(Citizen Article
R Y Y Y Y
37 Accept MGL Chapter 59, clause 5c ½
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ARTICLE ZONING/LAND USE ARTICLES SB JP MC DL JH
Amend Zoning Bylaw and Map in Commercial
38 Y Y Y Y Y
District/Marrett Road (Citizen Article)
Amend General Bylaw: Turning Mill
39 Y Y Y Y Y
Neighborhood Conservation District
Amend General Bylaw: Pierce-Lockwood
40 Y Y Y Y Y
Neighborhood Conservation District
41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y Y
Amend Zoning Bylaw for Special Permit (Citizen
42 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