Loading...
HomeMy WebLinkAbout2010-03-BOS-min66-35 Selectmen's Meeting March 2, 2010 A regular meeting of the Board of Selectmen was held on Tuesday, March 2, 2010 at 7:30 p.m. in Room 207, Town Office Building. Chairman Cohen, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison The Board welcomed and congratulated new Selectman Deb Mauger and returning Selectman George Burnell. Mr. Manz attended the Celebration of the Chinese New Year at Grace Chapel that was put together by the Human Services Department and the Council on Aging. Mr. Burnell thanked all the citizens who participated in the election. He said it is the involved citizens that make Lexington great. Town Manager Report Because of concerns by East Lexington residents regarding trees being severely pruned by Nstar, the Tree Warden issued a stop work order on February 24. Representatives from the Town and Nstar met on March 1 to discuss and resolve the issues. Nstar agreed to go back to the 8 -8 -12 foot pruning standard in East Lexington and any other circuits in the Town of Lexington. In the future if Nstar has numerous outages on a particular circuit in Lexington Nstar will request through the Tree Warden to increase the pruning standard on that particular circuit or part of the circuit before they commence pruning. They also agreed that if the pruning affected the health of trees they will help with replacement trees. Lexington will receive the Common Cause Massachusetts' 2010 e- Government Award on March 16 at the State House in Boston. Mr. Valente congratulated Candy McLaughlin who manges the web site. Article Presentations Article 43 — Amend Zoning By -Law — 425 Woburn Street Land Rezoning Brian Kelley made a presentation on Article 43, which is a proposal to create a new RD (multi- family) zone and development called the Manor House at Countryside. The plan was conceived with consideration of Lexington's need for small affordable housing options and will consist of 51 condominiums in one building. The building is set back approximately 100 feet from Woburn Street with substantial planting and buffers proposed at the streetscape. All units will be 1 -2 bedroom, 2 bathroom flats with laundry, consisting of 900 -1200 square feet. The building will have an underground heated garage with elevator access. A traffic assessment done by TEPP, LLC shows the development will have no significant impact on either Woburn Street or the Woburn Street/Lowell Street intersection. For Transportation Demand Management they agree to construct and maintain a new sidewalk from the Woburn town line to Peachtree Road, 66 -36 Selectmen's Meeting —March 2, 2010 including a crosswalk at Peachtree to the north side of Woburn Street; contribute $75,000 to Lexpress, assuring Lexpress service to the development for a minimum of 2 years; contribute $25,000 to the Town to support a future transportation study of the Countryside neighborhood; and contribute $25,000 to the Lexington DPW to support neighborhood beautification and capital improvements to the Town -owned park at the Countryside intersection. Six units (11.8 percent) will be 40B qualified affordable housing. They will comply with the Tree By -law and plan to replace 179 inches diameter at breast height (DBH) of the 600 DBH they will be removing and contribute $21,050 to the Tree Fund. The development will be "green ". The design is targeted to surpass the Stretch Energy Code with a HERS index rating of 65 or better. They expect to incorporate renewable energy technologies using a geothermal heating /cooling system. Selectmen will wait until after the Planning Board meeting on March 3 to take a position on this article. Discuss Article Assignments The Board was provided with a list of proposed article assignments for the 2010 Annual Town Meeting. Selectmen were asked to review the list and let Mr. Cohen know if they want to make any changes. Entertainment License Nourish Restaurant currently has an Entertainment License for TV's. They want to expand the entertainment to include live music. Upon motion duly made and seconded, it was voted 4 -0 to approve and sign an Entertainment License for Nourish Restaurant, 1727 Massachusetts Avenue. LHS Boys Varsity Hockey Team Letter Upon motion duly made and seconded, it was voted 4 -0 to sign and send a letter to the LHS Boys Varsity Hockey Team saluting their efforts during the 2009 -2010 season. Reappointment — Registrars of Voters The Democratic Town Committee submitted three nominations for consideration of appointment to the Registrars of Voters. Sarah Warren's term expires March 31, 2010 and she was interested in being reappointed. Upon motion duly made and seconded, it was voted to reappoint Sarah Warren to the Registars of Voters for a term to expire March 31, 2013. 66 -37 Selectmen's Meeting —March 2, 2010 Resignation — Noise Advisory Committee Upon motion duly made and seconded, it was voted 4 -0 to accept the resignation of Myla Kabat- Zinn from the Noise Advisory Committee. Consent Agenda Tax Bill Insert — 2010 Census Upon motion duly made and seconded, it was voted 4 -0 to approve including an insert in the next tax bill with a message to residents regarding the 2010 U.S. Census. Disclosure of Conflict of Interest — Colin Smith Upon motion duly made and seconded, it was voted 4 -0 to approve two exemptions of Financial Interest and Disclosure of Appearance of Conflict of Interest for Colin Smith, a member of the Design Advisory Committee. Reenactment of the Arrival of Paul Revere and William Dawes Upon motion duly made and seconded, it was voted 4 -0 to approve the request of the Historical Society and the Lexington Minute Men to reenact the arrival of Paul Revere and William Dawes at the Hancock - Clarke House from 10:30 p.m. on Sunday, April 18, 2010, until 1:00 a. m. on Monday, April 19, 2010. Executive Session Upon motion duly made and seconded it was voted 4 -0 by roll call to go into executive session to discuss a matter of land acquisition, with no intent to return to open session. 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 March 15, 2010 A regular meeting of the Board of Selectmen was held on Monday, March 15, 2010 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz and Mr. Cohen were given a terrific presentation by middle school students Isha Laad and Rani Iyer on Dry Cleaning vs. the safer alternative of wet cleaning as part of a Siemens challenge. Town Manager Report Mr. Valente updated the Selectmen on the ongoing flood and water issues from the rain that has been falling since last Friday and the Town's efforts to help residents. Grant of Location — Nstar — Garfield Street Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Nstar electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Garfield Street northwesterly at pole 109/3 approximately 118 feet northeast of Ward Street, a distance of about 44 + feet of conduit. Approve Common Victualler, Entertainment and Coin Machine Licenses for Margaritas Upon motion duly made and seconded, it was voted 5 -0 to approve and sign a Common Victualler License, Entertainment License and Coin Operated License for Tio Juan's Margaritas Restaurant, 438 Bedford Street. Liquor License — Margaritas — Change of Address The address for Margaritas had to be changed because of 911 issues. The ABCC requested a Form 43 be approved by the Selectmen. Upon motion duly made and seconded, it was voted 5 -0 to approve and sign a Form 43 for a change of address and issue an all alcoholic Common Victualler License to Lexington Mexican Restaurant Group, Inc. d /b /a Tio Juan's Margaritas Restaurant, 438 Bedford Street. Approve Tree Manual Changes Mr. Pinsonneault, Tree Warden, explained that in the past year a number of large healthy Norway maple trees have been removed as a result of building construction. This is allowable because they are considered an undesirable tree and therefore are not subject to the rules of the 66 -39 Selectmen's Meeting —March 15, 2010 Tree Bylaw. Although they are an invasive tree, large healthy Norway Maples add to the Town's overall tree canopy and in the right setting they are not a problem. The Tree Committee and the Tree Warden request a change to the Tree Management Manual (page 10, Section 2) to re- include Norway Maples as a protected tree in relation to the Tree Bylaw. This will allow the Tree Warden to seek mitigation when these trees are proposed for removal and may lead to some large trees that have a positive impact on the landscape being saved. The Tree committee and Tree Warden request the Selectmen adopt this change to help maintain a solid tree canopy for the Town. Mr. Kelley asked for clarification on how the Tree Committee determines a tree is invasive and undesirable. Mr. Pinsonneault explained that the Norway Maple was considered invasive by the State because it is seed prolific and it is hard to grow anything under them. The Tree Committee would like the Tree Manual to have the flexibility to allow the Tree Warden to work with homeowners and keep a Norway Maple if it is a good fit for the location. The proposed change would mean the Norway Maple will not automatically be removed. Upon motion duly made and seconded, it was voted 3 -1 -1 (Kelley opposed, Burnell abstained) to adopt the changes to the Tree Management Manual as presented by the Tree Warden. Setback Planting Agreement Mr. Pinsonneault, Tree Warden, stated that the Tree Committee endorsed a setback planting agreement in an effort to find additional planting spaces throughout the Town. The agreement would allow the Town to plant trees outside of the right of way on private property with the trees becoming the sole responsibility of the homeowner after one year, thus relieving the Town of any future liability. Upon motion duly made and seconded, it was voted 5 -0 to adopt the Setback Planting Agreement as presented by the Tree Warden. Stormwater Regulation Presentation Mr. Livsey, Town Engineer, Mr. Flamang, Senior Civil Engineer, presented the proposed stormwater regulations. A stormwater regulation is required to implement the Stormwater Bylaw and the regulation should work with State and Federal policy. For implementation of the bylaw Selectmen are the Authority and must adopt regulations; DPW Engineering is the "agency" who handles the day -to -day administration, provides notice to abutters and reviews and acts on applications. A Stormwater Management Permit would be necessary only if the project: disturbs more than one acre of land, proposes a new dwelling on a vacant lot or involves a teardown, requires a Special Permit, a Special Permit with Site Plan Review or approval under the Subdivision Control Law. Typical residential homeowner activities are not affected. Application requires: application form, fees, list of abutters, Stormwater Management Plan, erosion control and sedimentation plan and estimated cost to construct. The Stormwater Selectmen's Meeting —March 15, 2010 Management Plan would need to include a project narrative, best management practices, pre and post conditions and impact statement including calculations to support the design. Mr. Stevenson, Dane Road, asked if the Stormwater Regulation would help alleviate stormwater damage from neighbors who regrade their property absent any construction to their existing dwelling. Mr. Flamang said as the regulation is currently drafted it would not cover this type of stormwater problem. The Selectmen would like the water runoff issue reviewed and investigated prior to the public hearing. The Selectmen proposed Thursday, April 29, for a public hearing on the proposed stormwater regulation. Mr. Livsey, Town Engineer, made the Selectmen aware that EPA/DEP has put out a draft for revised stormwater permit process that would be onerous and costly for the Town. Mr. Livsey will be attending a hearing with representatives from both EPA and DEP to discuss the proposed changes. The Town has until the end of the month to submit comments. DPW/Engineering will submit comments and may ask the Selectmen to also submit comments. Mr. Kennedy, Conservation Commission, mentioned that the Lexington Watershed Stewards have been alerted to work closely with Engineering and Conservation to help meet some of the onerous requirements that may be placed on the Town. Anyone who is interested in joining should contact the Conservation office. Mr. Livsey is grateful for the help the Stewards provide. Google High Speed Internet Application Presentation Mr. Pogram, Mr. Goell and Mr. Buczkowski, members of the Communications Advisory Committee, presented information on Google's Fiber for Communities program. Google is interested in installing and testing an ultra high speed internet system in a variety of cities and towns across the nation. They are soliciting applications from communities interested in being a test site. The Communications Advisory Committee would like permission to submit an application, which does not commit the Town to participate. If the Selectmen support the submission, the Economic Development Officer will assist in the application process. Upon motion duly made and seconded, it was voted 5 -0 to that whereas Google, Inc. is planning to build and test one gigabit -per- second ultra -high speed broadband networks in a small number of trial locations across the country to see what developers and users can do with ultra high speeds, and given that Lexington desires to be one of the first communities to benefit such from new, advanced services for the benefit of its residents, the Board of Selectmen requests that the 66 -41 Selectmen's Meeting —March 15, 2010 Town Manager, together with the Communications Advisory Committee, respond to Google's Request for Information on the Town's behalf, as the first step in applying for participation in Google's trial program. Article Presentations Article 6 — Senior Service Program Mr. Valente asked that this article be indefinitely postponed because there are sufficient funds from FY2010 to cover FY 2011. Article 28 — Amend Bylaw — Town Meeting Procedure Mr. Weiss presented a new proposed motion: Under Article 28, I move to amend § 118 -14 of the Code of Lexington by deleting part A and replacing it with the following: A. No vote shall be reconsidered except (a) upon a motion to that effect or upon a notice of such motion given at the same session of the meeting and within 30 minutes after the result of such vote has been declared, or (b) upon a motion to that effect providing notice of such motion is given at least 40 hours in advance; and any member may make a motion to reconsider or give notice thereof. The current procedure for reconsideration remains in effect. An additional provision also permits reconsideration when Notice Of Reconsideration (NOR) is given at least 40 hours in advance. The 40 hours (almost 2 days) is the shortest time between most of the Town Meeting sessions. With this provision, it is unnecessary to serve individual notice on each financial article. NOR could be served for all financial articles at once at the next -to- the -last session of Town Meeting, thereby keeping all options open and permitting financial reconciliations. The Selectmen are concerned that this is a major change that would be disruptive and allow all articles to be reconsidered after they have been voted. Mr. Cohen suggested that Mr. Weiss indefinitely postpone the article and discuss with the Town Meeting Members Association Executive Committee and see if the problem could be solved another way. Mr. Weiss does not plan to indefinitely postpone this article. Article 30 — Establish Qualifications for Tax Deferrals Ms. Costello, Co -Chair of the Tax Deferral and Exemption Study Committee, requests that the Selectmen support increasing the maximum qualifying gross receipts amount for property tax deferrals to $51,000 from $50,000, which would match the current circuit breaker amount allowed by law. 66 -42 Selectmen's Meeting - March 15, 2010 Article 41 — Amend Zoning By -Law — Center Zoning Mr. Michelson and Mr. Levin, members of the Lexington Center Committee, presented their proposed amendments for signs and banks. They are proposing that certain projecting signs that are currently subject to special permit, be permitted by right. Sign dimensions will still be regulated within the bylaw and the Historic Districts Commission will still regulate the appropriateness of the signs through their public hearing process. The Bank proposal is intended to help preserve and improve the retail business climate in the Center. The amendment would require a special permit for banks, credit unions or automated teller machines with street frontage of 30 linear feet or more or ones adjacent to another bank, credit union or automated teller machine. Mr. Abrams, 35 year resident and owner of the two buildings in Lexington Center, is concerned about the proposed changes because he feels the Town should be encouraging businesses, not prohibiting uses. Specifically he is concerned about a possible bank tenant that would be affected by this change. Mr. Michelson and Mr. Levin said they would work to solve any problems this change would make for the bank. A majority of the Selectmen do not support the bank portion of this article. The Lexington Center Committee will need to decide if they want to indefinitely postpone that piece of the article or proceed to Town Meeting. The Selectmen requested that they come to the March 22 Selectmen meeting with what they proposed to do. Busa Land Use Proposal Committee Charge Mr. Manz reviewed the proposed charge that included comments received from several people. Mr. Cohen asked for comments from the Board. Mr. Kelley wants the charge to include wording that the Selectmen will approve any money spent. Mr. Burnell wants the charge to include language regarding what the best use of land is when looking at its physical aspects. Ms. Tsvetkova, an abutter, requested the charge include language regarding complying with town bylaws, the impact on stormwater drainage to the abutters and request additional environmental tests. Mr. Manz stated that the Town is currently involved in making sure any hazards on the property are taken care of Mr. Bartenstein made a presentation to the Selectmen including suggested changes to the proposed charge: should be a Planning committee (instead of "proposal committee "); should include a purpose (Master Planning process); 66 -43 Selectmen's Meeting —March 15, 2010 membership criteria should be decided before the charge is adopted; miscellaneous changes to the charge description; and should include time for Town Meeting to review and consider the proposed uses at the 2011 Annual Town Meeting. The Selectmen will review Mr. Bartenstein's proposed changes to the charge. Mr. Lucker, Rindge Avenue, stated that if Busa does not wish to farm the land for a longer period of time, there are others that would farm the land. Mr. Borensztein, Lowell Street, is concerned about water issues and would like the issue included in the charge. He also said that the abutters are concerned about who will be appointed to the Committee. He would like Mr. Bartenstein's suggestions to be included in the charge. Mr. Subramanian, Haskell Street, would like to see the process amiable because of the competing interests. He suggests the Selectmen take leadership role and the common interests will come to the surface. The Selectmen need to discuss whether the charge should include a Master Plan. Mr. Manz believes the funds available would not cover the cost of a master plan. The Selectmen will discuss the charge again at their meeting on March 22. Approve Manor House Memorandum of Understanding g MOU) Mr. Kelley left the meeting. Mr. Valente provided the Selectmen with the proposed Manor House MOU for 509 Woburn Street. The purpose of the MOU is to have a contract setting out the mitigation measures to be completed by the Trust if the RD rezoning is approved by Town Meeting and the Attorney General. The agreement provides for the following: 1. $75,000 payment to the Transportation Demand Management/Public Transportation Stabilization Fund, which will provide Lexpress service to the development for a trial period of two years; 2. Completion of an on -site bus stop on the Manor House property; 3. Construction of a sidewalk on the southerly side of Woburn Street, from the Town line to Peachtree Road; 4. $25,000 payment to the Town for the beautification of the park at the corner of Woburn and Lowell Streets; 5. $25,000 payment to the Town to fund a transportation demand management study of the area; and A Selectmen's Meeting —March 15, 2010 6. $21,000 payment to the Tree Revolving Fund to be used at the Town's discretion for planting street trees. Upon motion duly made and seconded, it was voted 4 -0 to approve and sign the Memorandum of Understanding between Peter C.J. Kelley, Trustee of 509 Woburn Street and the Town of Lexington. Mr. Kelley returned to the meeting. Review Selectmen Liaison Assignments The Selectmen were asked to review the suggested list of Selectmen liaisons /memberships. The list will be finalized soon and distributed. Appointments Sidewalk Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Jeanne Krieger to the Sidewalk Committee for a term to expire September 30, 2011 (to fill the unexpired term of Laura Cecere). 2020 Vision Committee Upon motion duly made and seconded, it was voted 5 -0 to appoint Janice Frascatore to the 2020 Vision Committee for a term to expire September 30, 2012. Reappointment — Town Counsel Upon motion duly made and seconded, it was voted 5 -0 to reappoint Anderson and Krieger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2011. Approve Changes to Housing Partnership Board Charge The Housing Partnership Board requested changes to the non - governmental entities membership criteria. Upon motion duly made and seconded, it was voted 5 -0 to approve the proposed changes to the Housing Partnership Board charge. Approve Revised Liquor Regulations Upon motion duly made and seconded, it was voted 5 -0 to approve the following revised regulations: 66 -45 Selectmen's Meeting —March 15, 2010 Alcoholic Beverage License Regulations Applicable to Restaurants Alcoholic Beverage License Regulations Applicable to Package Stores Alcoholic Beverage License Regulations Applicable to Clubs and Posts of War Veterans Organizations Alcoholic Beverages — Enforcement Consent Agenda Water and Sewer Adjustments and Commitments Upon motion duly made and seconded, it was voted 5 -0 to approve the following adjustment of water and sewer charges: Adjustments of Water and Sewer Charges for March 15, 2010 $- 116,007.77 One -Day Liquor License — Bowman School PTA Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license to serve beer and wine for the Bowman in Bloom fundraiser to be held on Saturday, May 1, 2010, from 7:00 p.m. to 10:00 p.m. at the Seasons Four Nursery, 1265 Mass. Avenue. Bertucci's Patio Permit Upon motion duly made and seconded, it was voted to approve the Town Manager's request to allow Bertucci's a Sidewalk Cafe Permit from April 15 through October 31, 2010. Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of February 22, 2010 and February 23, 2010. Upon motion duly made and seconded, it was voted 4- 0- 1(Kelley abstained) to approve the minutes of March 2, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session of February 22, 2010. Upon motion duly made and seconded, it was voted 4 -0 -1 (Kelley abstained) to approve the executive session minutes of March 2, 2010. Article Positions The Selectmen took positions on some of the articles for the 2010 Annual Town Meeting. Selectmen's Meeting —March 15, 2010 The Selectmen all support the following articles: Article 6 — Appropriate for Senior Service Program — to be indefinitely postponed Article 26 — Amend Bylaw — Length of Contracts Article 29 — Adoption of the Stretch Code Article 30 — Establish Qualifications for Tax Deferrals Article 31 — Support and Petition for Municipal Utility Act Article 38 — Amend Zoning By -Law — Impervious Surface Article 39 — Amend Zoning By -Law — Flood Plain Article 40 — Amend Zoning By -Law — Technical Corrections Article 42 — Amend Zoning By -Law — Green Energy For Article 27, Amend Bylaw — Trees, and Article 37, Amend Zoning By -Law — Food Related Uses, all Selectmen support this article except Mr. Kelley who is waiting for additional information. For Article 28, Amend Bylaw — Town Meeting Procedure, all Selectmen do not support this article except for Ms. Mauger. For Article 41, Amend Zoning By -Law — Center Zoning, there will be two parts to the motion. One part will be regarding signage and the other part will be regarding banks. All Selectmen support the signage piece, except Mr. Burnell. All Selectmen do not support the bank part except Mr. Burnell. Mr. Burnell wants to hear what the Board of Appeals position is on both parts of this article. The Selectmen will continue taking positions on articles at its next meeting on March 22. Executive Session Upon motion duly made and seconded, it was voted by roll call 5 -0 to go into executive session to discuss strategy with respect to collective bargaining and the purchase of real property and to reconvene in open session only to adjourn; and further that the Chairman declares that an open meeting may have a detrimental effect on the bargaining position and negotiating position of the Town. Upon motion duly made and seconded, it was voted 5 -0 by roll call to return to open session only to adjourn. Upon motion duly made and seconded, it was voted to adjourn at 12:00 midnight. A true record; Attest: Lynne A. Pease Executive Clerk 66 -47 Selectmen's Meeting March 22, 2010 A regular meeting of the Board of Selectmen was held on Monday, March 22, 2010 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell (arrived late) and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Approve Common Victualler and Entertainment Licenses for Ride Studio Cafe Upon motion duly made and seconded, it was voted 4 -0 to approve and sign a Common Victualler License and Entertainment License for Ride Studio Cafe, 1720 Massachusetts Avenue. Consent Agenda Discovery Day Request Upon motion duly made and seconded, it was voted 5 -0 to approve the Lexington Retailers Association request in a letter dated March 11, 2010 to have exclusive use of the Muzzey Street/Waltham Street parking lot on Saturday, May 29, 2010 (rain date June 5) from 5:00 a.m. to 5:00 p.m. for the 31th annual Discovery Day, to erect seven temporary signs, park a flat bed trailer in Lexington Center and provide free parking, subject to working out details with the Police and Fire departments. One -Day Liquor License — Cary Memorial Library Foundation Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license to serve wine at the Cary Memorial Library Foundation Art Sale & Soiree Fundraiser on Sunday, May 2, 2010, from 6:30 p.m. to 9:00 p.m. at the Cary Library. Approve Town Manager Vacation Request Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's request for vacation for the period August 16 to 20, 2010. Article Presenters The Selectmen reviewed the list of article presenters for the 2010 Annual Town Meeting and made no further changes. Mr. Burnell arrived. Article Positions/Presentations Article 41 — Amend Zoning By -Law — Center Zoning Mr. Burnell explained that the Lexington Center Committee voted to indefinitely postpone the bank portion of this article. Selectmen's Meeting —March 22, 2010 Article Positions The Selectmen took positions on several articles. Article 32, Climate Change Committee — The Selectmen will listen to the debate before they take a position, except Mr. Burnell who does not support this article. Article 34, Resolution on TMO -1 District Plan. This article will be indefinitely postponed and all the Selectmen will support. Article 35, Resolution on Farming. All Selectmen support this article as long as it is a non- binding resolution, except Mr. Manz who will listen to the debate. Article 36, Resolution on Munroe School. Mr. Cohen and Mr. Burnell will not support this article. Mr. Kelley and Mr. Manz will wait and listen to debate at Town Meeting. Ms. Mauger is abstaining because she signed onto the resolution. Article 37, Amend Zoning By -Law — Food Related Uses. Mr. Kelley will support this article. Article 41, Amend Zoning By -Law — Center Zoning. Mr. Burnell will support the article. Mr. Kelley left the meeting. Article 43, Amend Zoning By -Law — 425 Woburn Street Land Rezoning. Three Selectmen support the article. Mr. Burnell will wait to listen to the debate. Mr. Kelley returned to the meeting. Busa Land Use Proposal Committee Charge Mr. Manz reviewed the minor changes that had been made to the charge since the last meeting. He asked the Selectmen if they want the committee to prioritize their recommendations or not. A majority of the Selectmen agreed the charge should not require the committee to prioritize recommendations. The committee can prioritize their recommendations if they choose to do so. Mr. Kelley requested language be included in the charge that will keep the Selectmen in the loop of any spending. Ms. Kern asked if the new committee would require detailed plans on alternative uses or just a report. Mr. Manz said the committee would probably want a plan on how to use the land with some detail and cost estimates and they would encourage joint ventures to submit plans and cost estimates. Selectmen's Meeting —March 22, 2010 Mr. Borenstein, an abutter, requested that the charge include abutters when looking at the impacts. Ms. Tsvetkova requested a public hearing prior to when the Selectmen approve a final report and would also like to receive the report in time to review before the public hearing. After the charge has been approved the next step is for the Selectmen to decide on how many members and whether the committee should be made up of disinterested residents or special interests. Upon motion duly made and seconded, it was voted 5 -0 to approve the Busa Land Use Proposal Committee charge as presented and amended. Upon motion duly made and seconded, it was voted 5 -0 to designate members of the Busa Land Use Proposal Committee as Special Municipal Employees. Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 66 -50 Selectmen's Meeting March 24, 2010 A regular meeting of the Board of Selectmen was held on Wednesday, March 24, 2010 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk, were present. Article Positions/Presentations Article 4 —Appropriate FY2011 Operating Budget Mr. Valente presented information on proposed changes to the Operating Budget showing an original surplus of $243,333 and a revised surplus of $422,133. All Selectmen support this article. Article 5 — Appropriate FY2011 Enterprise Funds Budgets All Selectmen support this article. Article 7 — Continue and Approve Departmental Revolving Funds All Selectmen support this article. Article 8 (1) — Town Office Building Renovation Mr. Valente presented information on financing the Town Office Building Renovation. The Community Preservation Committee approved $1,500,000. The remainder of the cost will have to be borrowed. Article 18 — Appropriate to Post Employment Insurance Liability Fund All Selectmen support this article. Article 33 — Petition General Court for Dunback Meadow Easement (Citizen) This article will be indefinitely postponed and all the Selectmen will support. Appointment — MAGIC/MAPC Upon motion duly made and seconded it was voted 4 -0 -1 ( Mauger abstained) to appoint Deb Mauger as Lexington's Selectmen Representative to MAGIC. 128 Central Corridor Coalition Support 128 Business Council Proposal — Shuttle Service The 128 Business Council is applying to the Boston Region MPO's Clean Air Mobility Program for funding for new shuttle service in Waltham. The 128 Central Corridor Coalition believes this project will help reduce traffic on Route 128 and stimulate demand for additional shuttle service in the corridor. 66 -51 Selectmen's Meeting —March 24, 2010 Accordingly, the Coalition would like to send a letter of support. Timing is critical, since the deadline for submission to the MPO is April 1. Jeanne Krieger asks that a vote be taken to approve the support of the 128 Business Council proposal. Upon motion duly made and seconded, it was voted 5 -0 to support the 128 Business Council proposal to the Boston Region MPO's Clean Air and Mobility Program for funding for a new shuttle service in Waltham. Lower Battle Green Flag in Memory of James Barry and Donald Gillespie Upon motion duly made and seconded, it was voted 5 -0 to approve lowering the Battle Green Flag on Friday, March 26, 2010, in memory of James Barry and Donald Gillespie. Upon motion duly made and seconded, it was voted to adjourn at 7:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk 66 -52 Selectmen's Meeting March 31, 2010 A meeting of the Board of Selectmen was held on Wednesday, March 31, 2010 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mr. Kelley, Mr. Manz, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Grants of Location Mr. Callahan attended the meeting to answer any questions regarding the two requests. Verizon — Lowell Street — Install Conduit Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Verizon to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Lowell Street, westerly at Pole 58/105, a distance of about 5+ feet of conduit. Verizon — Lowell Street — Relocate Pole and Place New Pole Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Verizon to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located on Lowell Street: relocation of Pole 58/107 and placement of new pole number 58/106A. Public Services Building Article Mr. Hadley presented to the Selectmen an article that was published in the February 2010 issue of Public Works Magazine about the new Samuel Hadley Public Services Building. He hopes the community is as proud of the new building as he is. Mr. Hadley announced that the Public Services Building project was submitted to the American Council for Engineering Excellence for an award and was notified that the project was 1 of 5 winners. The project team then gave a 20 minute oral presentation in front of six judges. At the awards dinner all five projects were presented and the Public Services Building received the Gold Award for engineering excellence. Mr. Handley has also submitted the Public Services Building project for consideration of the top 10 public works facilities and also submitted a paper to the International Conference of Public Works, which has been accepted and a presentation will be made to them. Mr. Manz was impressed with the admirable job the Emergency Operation Center (EOC) was doing when he visited during the rain storm. Article Positions The Selectmen took positions on the following articles: 66 -53 Selectmen's Meeting — March 31, 2010 Article 12 — Appropriate for Municipal Capital Projects and Equipment The Selectmen support all items, except item c, Comprehensive Storm Management Watershed Study. The Selectmen requested additional information for their April 7 meeting. Mr. Kelley asked about item n (Central Business District Sidewalks Master Plan/Engineering) because of the failing bricks on the south side of Mass. Avenue and asked whether the funding included determining what product should be used for the north sidewalk. Mr. Hadley said looking at different products would be part of the design study. Article 16 — Appropriate for Public Facilities Capital Projects The Selectmen support all items except item c (Bridge and Bowman Schools Renovation Design, Development and Engineering). Mr. Kelley is opposed to the Bridge/Bowman project because of a commitment previously made to build new schools. Mr. Valente will arrange for Mr. Goddard, Public Facilities Director, a member of the Permanent Building Committee and a member of the School Committee to be at the next Selectmen's meeting. Article 17 — Approve Minuteman Regional Vocational Technical School District Borrowing The Selectmen requested that Mr. Horton, Lexington's Representative to Minuteman, come to the next Selectmen's meeting to explain the project. Article 8 — Appropriate for FY2010 Community Preservation Committee Operating Budget and CPA Projects The Selectmen support all items except the following, which they request additional information on: b. Stormwater Mitigation -Old Res./Marrett Road c. Center Playfields Draining Implementation Phase 1. Town Office Building Renovation p. White House Historic Structures Report q. Stone Building Exterior Stabilization Mr. Kelley does not support the Town Office Building Renovation project because he feel the full administration in the center should be looked at and he has the sense the building is functioning well now and that there is no urgency. A majority of the Selectmen think further discussion would be helpful. The Selectmen will discuss at their next meeting. Mr. Kelley does not think any additional funds should be spent on a White House Historic Structures Report and that the information we have is enough to make a decision of what to do with the building. The Selectmen requested that Mr. Goddard attend the next Selectmen's meeting to answer questions. 66 -54 Selectmen's Meeting — March 31, 2010 Mr. Kelley is not convinced that the Stone Building Exterior Stabilization project is necessary. We are on a plan to do reuse the building and the proposed work should be rolled into the larger project. The Selectmen requested Mr. Goddard attend the next Selectmen's meeting. The Selectmen all support the following articles: Article 11 — Appropriate for Recreation Capital Projects Article 13 — Appropriate for Water System Improvements Article 14 — Appropriate for Sewer System Improvements Article 15 — Appropriate for School Capital Projects The Board was reminded that the League of Women Voters has scheduled a First Friday for April 2 to discuss historic structures, specifically the Stone Building, White House, Munroe and St. Brigid residence. Busa Land Use Proposal Committee The Selectmen discussed the potential size of the committee. They discussed whether the committee should have 5 or 7 members, but it was agreed that the members should be neutral, have strong ties to the community but no strong links to specific groups and that one or two of the members have land use planning experience. Some Selectmen felt that Arlington should be invited to attend as a non - voting member. The Selectmen will discuss whether this committee should have a Selectmen Liaison. Town Manager Reappointments — Historical Commission Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's reappointment of Marilyn Fenollosa and Wendall Kalsow to the Historical Commission for 3- year terms to expire March 31, 2013. Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk