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HomeMy WebLinkAbout2018-04-02 BOS-min Selectmen – April 2, 2018 Page 1 of 7 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 Page 2 of 7 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. Selectmen – April 2, 2018 Page 3 of 7 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 Page 4 of 7 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 Selectmen – April 2, 2018 Page 5 of 7 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 Page 6 of 7 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 Selectmen – April 2, 2018 Page 7 of 7 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