HomeMy WebLinkAbout2011-03-BOS-min
Selectmen’s Meeting
March 14, 2011
A regular meeting of the Board of Selectmen was held on Monday, March 14, 2011, at 7:30 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive
Clerk, were present.
Public Comment
Ms. Avallone, resident owner and Trustee of Fiske Common Condominium Trust, read a
statement that requested the Selectmen indefinitely postpone Article 42 – Acquire Sidewalk
Walking Easement to Fiske School.
Mr. Cohen responded that if the article passes at Town Meeting the Town will work with the
Fiske Common Condominium Trust to draw up an easement.
Selectmen Concerns and Liaison Reports
Ms. Mauger asked that everyone take note of the crisis happening in Japan. Our thoughts go out
to the people in Japan and the families in Lexington that have family in Japan.
Town Manager Report
Mr. Nugent, Town Assessor, will be retiring at the end of March after 19 years of service.
The interest rate for FY2012 property tax deferrals has been set at .26 percent.
Mr. Valente was notified by Hanscom Air Force Base that emergency preparedness training will
be happening all week at the base, including announcements over the loudspeakers. Public
safety officials have been notified.
Vote to Layout Frances Road
The Public Hearing was closed when neither the Selectmen nor anyone in the audience had any
further questions regarding Frances Road.
Upon motion duly made and seconded, it was voted 5-0 to layout Frances Road as a public way
and recommend acceptance and also the betterment to Town Meeting.
Busa Land Use Proposal Committee Final Report
Mr. Manz explained that there would be no decisions made by the Selectmen at tonight’s
meeting regarding the Busa land. The report will be available on the Town’s webpage on
Tuesday, March 15, 2011. The Selectmen will review the report and plan meetings with the
Committee after Town Meeting ends.
Selectmen’s Meeting – March 14, 2011
Mr. Horton, Chair of the Busa Land Use Proposal Committee, presented the report and suggested
that the report should be read in its entirety and to go to the Committee’s webpage for additional
information that is included in the Appendix.
Upon motion duly made and seconded, it was voted 5-0 to accept the Busa Land Use Proposal
Evaluations and Recommendations Report dated March 14, 2011.
Sustainable Lexington Committee Report
Mr. Sandeen, Chair of the Sustainable Lexington Committee, made a presentation to the
Selectmen. The first steps to a more prosperous, healthy and productive community is resilience
by recommending steps to adapt to the increasing frequency and intensity of extreme storms and
sustainability by establishing programs to help residents and businesses reduce energy
consumption.
Next step for the Committee is to recommend that the Town implement pilot projects and
possibly broad application of low-impact design; research best practices for low-impact design to
prevent flooding, protect infrastructure and preserve water quality; and coordinate with Town
departments, boards and committees the many interests that are at stake.
The Committee requests that the Selectmen: agree to move forward with a Memorandum of
Understanding with NSL to kickoff the 20 by 20 program in September 2011; support the gusher
identification pilot program with SageWell; and support a pilot program with iblogix, NStar and
National Grid to reduce commercial energy use by 20 percent.
The Committee plans to put additional information on the web page and wants to put together
videos with LexMedia on miscellaneous subjects (i.e., what to do when you have an ice dam).
The Committee will return to a future meeting after the Board has had time to review the
suggestions.
Leary Committee Update and Approval of RFI
Mr. Savage, Chair of the Leary Property Community Housing Task Force, and Mr. Henry,
Senior Planner, presented a status report that addressed the process to date, redevelopment goals,
preliminary conclusions and next steps.
They provided a copy of the proposed Request for Interest (RFI) and asked for authorization to
issue the RFI, which they hope will draw out potential developers, ideas, etc., that the Committee
has yet to hear.
Mr. Savage clarified that the number of units the Task Force will be requesting is 6-8 units.
Selectmen’s Meeting – March 14, 2011
There were many questions about the $10,000 that LexHAB has agreed to give to the Task Force
for a site survey and analysis and sketches for layout and design and the $30,000 request from
CPA. The Task Force requests that the $30,000 request from CPA be brought before Town
Meeting for approval to allow the Task Force to move forward promptly to determine the best
development; they plan to keep the Selectmen informed as they move forward.
Upon motion duly made and seconded, it was voted 5-0 to approve the request to issue a Request
for Interest for the Leary land.
Mr. Kennedy, Co-Chair of LexHAB, stated that the Board is ready, willing and able to develop
the Leary parcel.
Final Battle Green Master Plan Presentation
Ms. McKenna, Chair of the Tourism Committee, and Ms. Brockway, Past Designs LLC, gave a
brief presentation on the changes that have been made to the Battle Green Master Plan since it
was last presented to the Board, which include: adding an outline of the charge and how the
goals were met; minor changes within the body of the eight recommendations in response to
public comment; including the 1991 Tree Committee Report recommendations; including
recommendations for a unified design; draft Rules and Regulations applicable to an expanded
definition of the Battle Green Area; budget information and priorities for implementation.
Suggested prioritized planning for the Battle Green Area include: 1) Short-term – Battle Green
Advisory Committee, conserve all monuments and restore immediate surrounding, traffic and
parking study and rules and regulations; 2) Intermediate – implement traffic and parking study
recommendations, restore paths and stairs and implement unified design standards; and 3) Long-
term – other landscape and planning improvements, link Battle Green Area to downtown and
other historic sites and annual maintenance.
The Tourism Committee voted to support the Battle Green Master Plan.
Ms. McKenna is requesting that the Selectmen approve the current plan dated March 1, 2011.
The Selectmen made it clear that they are charged with the final decisions regarding the Battle
Green and that will not change because of the Battle Green Master Plan.
Mr. Burnell does not feel it is appropriate to approve the proposed plan now; there are items that
need much more deliberation and research. He suggested that the Board accept the report rather
than approve the report and suggested a motion to only accept the report. There was no second
for the motion.
Selectmen’s Meeting – March 14, 2011
Upon motion duly made and seconded, it was voted 4-1 (Burnell opposed) to approve the Battle
Green Master Plan dated March 1, 2011 as a set of recommendations for guiding the planning
and design of the Battle Green Area as defined in the Master Plan, and that the Board of
Selectmen retain jurisdiction to make final decisions regarding design details, which action items
to follow, to amend the Master Plan as necessary, the charge and membership of the advisory
committee, whether or not to adopt in whole or in part the recommended changes to the Rules
and Regulations for the Battle Green Area consistent with Chapter 100-10 of the Code of the
Town of Lexington, and which specific projects, if any, to bring to future Town Meeting(s) for
funding.
The Selectmen requested that Ms. McKenna indefinitely postpone the Battle Green Master Plan
Article. Ms. McKenna agreed with the Selectmen’s request and asked that she be allowed to
make a presentation under Article 34 – Approve Battle Green Master Plan before asking Town
Meeting to indefinitely postpone the article.
Upon motion duly made and seconded, it was voted 5-0 to support indefinite postponement of
Article 34 – Approve Battle Green Master Plan.
Joint Meeting with Planning Board
Article 31 – Amend Tree Bylaw
Mr. Paul and Mr. Frey, Tree Committee members, made a presentation to the Selectmen. The
reasons they are requesting a change to the bylaw is because of a loophole regarding sites that
are rezoned and because Board composition changes over time. The Tree Committee is willing
to be flexible with the wording of the motion and is willing to remove “the mitigations required
under Section 120-8.C of” from the proposed motion.
Mr. Horning wants some flexibility to give permits and to waive the procedural requirements of
the Tree Bylaw. He is satisfied with the suggested change to the motion.
Mr. Canale feels it is important for the Sustainable Lexington Committee and/or the Energy
Conservation Committee to weigh in on the current Tree Bylaw.
The Planning Board took the following vote:
Upon motion duly made and seconded, it was voted 4-1 (Canale opposed) that the Planning
Board recommend to the Board of Selectmen the following motion:
That Chapter 120 of the Code of the Town of Lexington be amended as set forth below, and
further that non-substantive changes to the number of this bylaw be permitted in order that it be
in compliance with the numbering format of the Code of the Town of Lexington:
Delete Section 120-4.B, with sub items (1), (2), (3) and (4) in its entirety and replace it
with the following:
Selectmen’s Meeting – March 14, 2011
For sites under the jurisdiction of the Planning Board or Zoning Board of Appeals, the
Planning Board or Zoning Board of Appeals may, by including in their findings an
explanation of the reasons, waive in part or in full this bylaw when they deem it
necessary for the good of the community.
This motion removes the exemption of certain projects from the Tree Bylaw and replaces it with
a provision that permits the Planning Board and Board of Appeals to waive any provision of the
Tree Bylaw.
The Selectmen support this article 4-1 (Burnell abstained).
Article 39 – Amend Zoning By-Law – Traffic
Ms. McCall-Taylor reviewed the proposed changes to the current Zoning By-Law for Chapter
135 of the Code of the Town of Lexington. Renovations will no longer be a factor that enters
into a development having to do a traffic study and get a determination by a special permit
granting authority that they have a level of service or better at all intersections they affect.
Article 41
The Planning Board, at the request of the Economic Development Advisory Committee, is
asking that Lot 14 on Assessors Map 73 be rezoned as a CM (commercial) parcel, which is in
line with abutting properties.
South Lexington Transportation Plan
The Planning Board previously reviewed and discussed the RFP put together by Tetra Tech
Rizzo for a transportation plan and wanted to discuss with the Selectmen the following five
comments that they feel should be part of the RFP:
1.Build-out Assumptions – needs to include a building analysis and how it would tie to
existing zoning. Also, assumptions need to be tested and there needs to be a close
relationship with the existing zoning.
2.Definition of Area of Study – currently does not define a boundary for the study area or
the impact area which can be defined early.
3.Overall Plan Approach - in order to advance Lexington’s commitment to quality
transportation planning principles the RFP should steer away from being auto centric.
4.Statement of Work - should include a reference to a TMOD; they want the RFP to match
the current laundry list of items in the case they choose to create an overlay district for
South Lexington because they do not want to repeat efforts.
5.Public Process and Management of Transportation Planning for South Lexington - RFP
mentions four community meetings; the Planning Board needs to participate in the
process and they want the Selectmen to recognize the nature of an elected Planning
Board, who is accountable to the citizens in a different way than staff or consultants. The
Planning Board could do the work of the Steering Committee. They ask the Selectmen to
continue the conversation and collaborate with the Planning Board to move forward.
Selectmen’s Meeting – March 14, 2011
In response to questions from the Selectmen, Mr. Valente explained that as part of the mitigation
for the Shire/Cubist/Beal developments, a draft RFP was prepared by agreement and staff
provided the report to the Planning Board and asked for input. Staff will now revise the RFP
based on the Planning Board input provided tonight.
The Planning Board feels it is important to have a plan that looked at the entire region to know
where the Town wants to go with growth and determine what we need to permit that growth
rather than waiting or doing things by piecemeal. This also provides a vehicle to consider
regionalization, multi-model, etc.
A Transportation Plan is crucial to make informed future decisions and the Planning Board has
responsibility for the transportation element of a comprehensive plan. There also needs to be a
successor to the Traffic Mitigation Group established by the Selectmen that could provide the
kind of coordinated input to help with the study going forward. If staff and committee resources
are pooled the end result will be a great transportation plan for South Lexington.
Ms. McKenna hopes that the transportation plan will include public transportation, which is as
important as infrastructure.
Upon motion duly made and seconded, the Planning Board voted to adjourn at 10:30 p.m.
Article Presentations
Article 8h – CPC – Muzzey Window Replacement
Ms. Mc McGuire and Ms. Holland, residents of Muzzey Condominium, provided the Selectmen
with a proposal requesting that the window replacement costs necessitated by compliance with
Historic Districts Commission requirements be applied to the approved unit sale price. If this
proposal was acceptable to the Board they would request that Article 8h be withdrawn.
The Selectmen then discussed whether to allow the total cost of the window or the delta. Mr.
Cohen suggested that the total cost be allowed because the Town approved money for a
structural study of the building and one of the recommendations in the study was to replace the
windows to preserve the structural integrity of the building; the Historic Districts Commission
then required windows that are very expensive. It is proposed that the Lexington Housing
Assistance Board would keep track of the window cost and the sale price of units.
Mr. Burnell wants to know what the comparable value of the units is to make sure they are still
affordable and if not what are the implications.
The Board clarified that the intention is for a one-time only window amount to be added to the
sale price, not added to the base.
Selectmen’s Meeting – March 14, 2011
Mr. Kanter asked the Board to stipulate that this request is a one-time exception. He is
concerned that there are other recommendations in the report that may cause the Muzzey owners
to request additional funds.
Upon motion duly made and seconded, it was 4-1 (Burnell opposed) that the Selectmen will
allow the Muzzey Condominium Association owners to recoup the cost of the windows by
adding the one-time amount to the sale price of the units.
Article 5 – Appropriate FY2012 Enterprise Fund Budgets
At the February 28 meeting staff made recommendations for Retained Earnings be used to fund
the FY2012 Enterprise Fund Budgets. In addition, the Board requested a recommendation
regarding the Recreation Enterprise Fund. The current Retained Earnings balance in the fund is
$1,490,135.
Upon motion duly made and seconded, it was voted 5-0 to recommend to Town Meeting the use
of Retained Earnings to fund the following budgets:
1. Water Enterprise Fund: $450,000 to fund the operating budget
$125,000 to fund a portion of Article 10(b)
(DPW Equipment)
2. Sewer Enterprise Fund: $300,000 to fund the operating budget
$300,000 to fund a portion of Article 11 (Sewer Capital)
3. Recreation Enterprise Fund: $375,000 to fund the operating budget
$165,000 to fund Article 9 (Recreation Capital)
Article Positions
The Selectmen took positions and all five support the following articles:
Article 4 – Appropriate for FY 2012 Operating Budget
Article 5 – Appropriate for FY2012 Enterprise Funds Budgets
Article 6 – Appropriate for Senior Service Program
Article 7 – Establish and continue departmental Revolving Funds
Article 8a – CPC – Archives and Records Management/Conservation
Article 8b – CPC – East Lexington Fire Equipment Doors Replacement
Article 8d – CPC – LexHAB Set Aside for Housing Acquisition
Article 8e – CPC - Battle Green Monument Restoration
Article 8f – CPC – Battle Green Master Plan Implementation
Article 8g – CPC – Center Playfields Draining – Phase II
Article 8i – CPC – Vynebrooke Village Drainage Improvements
Article 8j – CPC – Busa Farm Debt Service
Article 8k – CPC – Cotton Farm Debt Service
Article 8l – CPC – Administrative Budget
Article 9 – Appropriate for Recreation Capital Project
Selectmen’s Meeting – March 14, 2011
Article 11 – Appropriate for Sewer System Improvements
Article 18 – Appropriate to Post Employment Insurance Liability Fund
Article 20 – Establish and Appropriate to Specified Stabilization Funds
Article 22 – Appropriate from Debt Service Stabilization Fund
Article 27 – Amend General Bylaws – Private Ways
Article 39 – Amend Zoning By-Law – Traffic
Article 41 – Amend Zoning By-Law – Hartwell Avenue Land to CM Zone
Discuss Veteran’s Services Position
Ms. Rodgers, Director of Human Services, recommends that the hours for the Veteran’s Services
Agent be increased because of the substantial increase in demand for veteran services. The
current Veteran’s Services Agent is resigning at the end of March, so this is the appropriate time
to make any changes to the position before recruiting for a new Veteran’s Services Agent.
The recommendation is that $16,000 be budgeted annually; the current budget is $6,000. Duties
would include: providing intake and assessment; regular office hours and on-call availability;
provide home visits to conduct intake on homebound veterans; provide support for Veterans’
related programs, activities and events; and complying with State requirements and monitor the
oversight and distribution of funds as required by the Comptroller.
Upon motion duly made and seconded, it was voted 5-0 to recommend to Town Meeting that the
FY2012 Human Services personnel services budget be increased by $10,000 to $341,914 from
$331,914.
Request from Waxy O’Connors – Hours of Operations on March 17
Waxy O’Connor’s requested from the Town Manager permission to operate from 9:00 a.m. on
March 17 until 1:00 a.m. on March 18 for St. Patrick’s Day. As these hours are not currently
provided for in the Selectmen’s Alcoholic Beverage License Regulations Applicable to
Restaurants, the Board would need to waive the current restrictions on hours.
Upon motion duly made and seconded, it was voted 5-0 to authorize Waxy O’Connor’s
Restaurant to serve alcoholic beverages from 10:00 a.m. to 12:00 midnight on Thursday, March
17, 2011, subject to any requirements of the Lexington Fire and Police Chiefs.
Appointment to the Lexington Housing Assistance Board
Upon motion duly made and seconded, it was voted 5-0 to appoint Robert Burbidge to the
Lexington Housing Assistance Board (LexHAB) to fill the unexpired term of Don Wilson until
May 31, 2013.
Selectmen’s Meeting – March 14, 2011
Reappointment of Town Counsel
Upon motion duly made and seconded, it was voted 5-0 to reappoint Anderson and Kreiger,
represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31,
2012.
Resignation from the Economic Development Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Sheryl
Mahoney from the Economic Development Advisory Committee, effective immediately.
Support Letter Regarding Legislation for Recreational Trails Program
Upon motion duly made and seconded, it was voted 5-0 to approve sending a letter of support to
Congressman Edward Markey regarding continued funding of the Recreational Trails Program.
Support Letter for Expanded Bottle Bill
Upon motion duly made and seconded, it was voted 5-0 to send a letter of support to Governor
Patrick for the Expanded Bottle Bill.
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:
Adjustments of Water/Sewer charges for March 14, 2011 -$18,146.06
Commitment of Water/Sewer charges for February 2011 (Cycle 9) $171,258.26
Commitment of Water/Sewer charges for January 2011 (Finals) $3,629.14
Commitment of Water/Sewer charges for February 2011 (Finals) $1,325.54
Approve Comptroller Annual Performance Review
Upon motion duly made and seconded, it was voted 5-0 to approve and have the Chairman sign
the Comptroller Annual Performance Review dated August 2, 2010 for the period March 2009 to
March 2010.
Approve Bertucci’s Patio Permit Request
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s request
to allow Bertucci’s a Sidewalk Café Permit from April 15 through October 31, 2011.
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 periods June 8 to June 17, 2011 and August 27 to September 2, 2011.
Selectmen’s Meeting – March 14, 2011
One-Day Liquor License – LHS Booster Club
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to
serve beer and wine to the LHS Booster Club for a fundraiser on Saturday, March 19, 2011, from
7:00 p.m. to 10:00 p.m. at the Depot Building.
Lexington Minute Men – Parker’s Revenge – Time Change
Upon motion duly made and seconded, it was voted 5-0 to approve the time change of Parker’s
Revenge on Saturday, April 16, 2011, at 11:30 a.m. to 12:00 noon, rather than 9:30 a.m. to 10:00
a.m.
Approve Oakmount Circle Sewer Betterments
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed betterment
assessments for the Oakmount Circle sanitary sewer extension authorized by Town Meeting
under Article 27 of 1999.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of February 22,
2011.
Documents Received
1.Statement from Fiske Common Condominium Trust Owners dated March 14, 2011
regarding Article 42 on the 2011 Annual Town Meeting Warrant.
2.Busa Land Use Proposal Evaluations and Recommendations Report dated March 14,
2011.
3.Battle Green Area Master Plan Presentation by Lucinda Brockway, Past Designs LLC.
4.Leary Property Community Housing Task Force Status Report #1 dated March 10, 2011
and proposed Request for Interest regarding development of 116 Vine Street, dated
March/April 2011.
5.Tree Bylaw – Article 31 Presentation dated March 14, 2011.
Upon motion duly made and seconded, it was voted to adjourn at 11:25 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 21, 2011
A regular meeting of the Board of Selectmen was held on Monday, March 21, 2011, at 6:30 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Chabot, Assistant to
the Executive Clerk, were present.
Public Comment
Mr. Hornig, member of the Planning Board, presented an amendment to Article 27 – Amend
General Bylaws – Private Ways. He suggested striking subsection B regarding eligibility to
make temporary improvements to private ways and asked for the Board’s support. Mr. Cohen
noted that striking this subsection might make the Bylaw too broad and include cart paths and
condominium driveways that are not intended to be included. Mr. Kelley thought the suggestion
gave the Board a little more latitude without unnecessary responsibility and therefore supports
the amendment. Ms. Mauger supported the amendment, however would reconsider her vote if
the Planning Board does not support it. Mr. Manz, Mr. Cohen and Mr. Burnell wanted to wait to
hear the position of the Planning Board.
Mr. Manz noted that Ms. Avallone and Ms. Valin were at the meeting. He advised them that the
Board would be taking up discussion regarding Fiske Commons at the next Selectmen’s Meeting
on Wednesday, March 23, 2011.
Article Assignments/Positions/Presentations
Article 6 – Senior Service Program
Mr. Valente explained that $45,000 has been included in the budget for the Senior Service (tax
work-off) program. Although he will be proposing to increase the income eligibility limits for
this program to $55,000 from $52,950, staff is still projecting a 6/30/11 balance in this account
of $35,000. He is recommending to appropriate $10,000 for this program in FY12. Together
with the anticipated year-end balance in this account, the Town will meet its $45,000 annual
target for this program.
Upon motion duly made and seconded, it was voted 5-0 to recommend to Town Meeting that
Article 6, Senior Services Program, be funded at $10,000 for FY2012.
Article 4 – Appropriate FY2012 Operating Budget
Mr. Valente presented a chart showing changes to recommended general fund spending and
changes to projected general fund revenues and available funds. These changes result in a net
surplus of $35,000. The revised recommended set-aside to offset state aid reductions is
$732,128. If the Board is comfortable with all of this then Mr. Valente will make the Article 4
motion reflect these changes.
Upon motion duly made and seconded, it was voted 5-0 to approve the changes as set forth by
Mr. Valente.
Selectmen Meeting - March 21, 2011
Article 26 – Establish Qualifications for Tax Deferrals and Exemptions
Mr. Weiss sent by email a proposed Amendment to Article 26, urging the Selectmen to not
require residents to submit income tax forms to the Town in order to qualify for any tax deferral
or exemption.
The Selectmen do not support the Amendment offered by Mr. Weiss.
Article 43 – Acquire Gift of Land – Myrna Road
All five Selectmen support Article 43.
Designate School Committee Members as Special Municipal Employees
It has come to the Board’s attention that School Committee members are not designated as
Special Municipal Employees. MGL Section 268A Section 1, Definitions does not exempt the
School Committee.
Upon motion duly made and seconded, it was voted 5-0 to designate School Committee
members as Special Municipal Employees.
Consent Agenda
Water/Sewer Commitments/Adjustments
Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of
water and sewer charges:
Adjustments of Water/Sewer Charges for March 21, 2011 -$5,544.95
Sign Reserve Fund Transfer for Veteran’s Benefits
Upon motion duly made and seconded, it was voted 5-0 to sign the Reserve Fund Transfer for
Veteran’s Benefits in the amount of $20,000.
Sign Arbor Day Proclamation
Upon motion duly made and seconded, it was voted 5-0 to sign the Proclamation proclaiming
April 29, 2011 as Arbor Day.
Documents Presented
1. Changes to Brown Book – Post Publication, dated March 21, 2011.
Upon motion duly made and seconded, it was voted 4-0 to adjourn at 7:00 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
March 23, 2011
A meeting of the Board of Selectmen was held on Wednesday, March 23, 2011, at 6:00 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen,
Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were
present.
Article Positions
Article 42 – Acquire Sidewalk Walking Easement to Fiske School
Ms. Valin and Ms. Avallone, Fiske Common residents, asked that this article be indefinitely
postponed until the Town and Fiske Commons can work together on the easement details
without taking the land by eminent domain. The Selectmen made it clear that they are only
requesting that a “walking” easement be worked out and are willing to negotiate the easement
with Fiske Commons and think both parties are very close. The Selectmen feel it is important to
have the article approved by Town Meeting so the project can move forward without further
delay.
Fiske Commons has drawings for changing the grade of the walkway which were done when
they had concerns about kids riding bikes on the stairs near the Fiske School.
The Selectmen agreed to go forward with the article with a commitment to Fiske Commons that
they would not exercise taking the land until an agreement has been reached with Fiske
Commons since the handout provided by the Condominium Association states that they are
willing to grant a pedestrian easement as stipulated in the special permit granted to Mark Moore
in 1977.
The Selectmen all support this article.
Article 30 – Amend Bylaw – Town Meeting Procedure
The purpose of this article was to clarify the current procedure and make the language clearer.
Mr. Manz does not support this article; Ms. Mauger supports it; and the other Selectmen will
listen to the debate at Town Meeting prior to taking a position.
Article 36 – Analyze Employee Health Benefits
All the Selectmen do not support this article. They feel the Appropriation Committee is working
as hard as they can and they do not support the article either.
Appointment – Greenways Corridor Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Abrams to the
Greenways Corridor Committee for a term to expire September 30, 2012.
Selectmen’s Meeting – March 23, 2011
Documents Presented
1. Statement from Fiske Common Condominium Trust Owners dated March 14, 2011 regarding
Article 42 on the 2011 Annual Town Meeting Warrant.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into Executive Session
to consider the purchase, exchange, lease or value of real property, specifically a license of land
related to 199 Bedford Street, and to reconvene in Open Session only to adjourn. The Chairman
further 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 to adjourn at 7:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 28, 2011
A meeting of the Board of Selectmen was held on Monday, March 28, 2011, at 6:00 p.m. in the
Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr.
Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were
present.
Selectmen Concerns and Liaison Reports
Mr. Burnell announced that the Sustainable Lexington Committee received a call from the
DOER regarding the proposed pilot Gusher Program in Lexington and they are offering funds to
do the infrared scan of between 4 and 5 thousand homes at no charge to Lexington. If the
Selectmen have questions about the Gusher Program the Sustainable Lexington Committee will
be discussing it at their meeting on Tuesday, March 29, 2011. The Sustainable Lexington
Committee needs approval from the Selectmen to move forward with the program. The
Selectmen will discuss at their meeting on April 4, 2011.
Town Manager Report
Mr. Valente reported that there was a 2-acre brush fire on the Chiesa Farm today. The Fire Chief
wants to remind residents to be careful when burning outdoors. Because of the dry conditions
and the winds brush fires start and spread very quickly.
Article Positions
Article 13A – Appropriate for Public Facilities Capital Projects – Bridge and Bowman
Schools
The following School Committee Members joined the Selectmen’s Meeting: Ms. Stewart, Chair,
Ms. Coppe, Mr. Alessandrini, and Ms. Steigerwald.
Mr. Kelley believes strongly that Bridge and Bowman should be replaced, not renovated, for the
following reasons: fairness, building to population and program, build “green”, protect the users,
initial estimates for renovations/additions understated, new schools are not more expensive and
should allow residents to get the facts and decide.
Ms. Stewart, School Committee Chair, outlined the current 10-year plan they are following and
disputed some of Mr. Kelley’s assumptions. The proposed renovations to Bridge and Bowman
Schools will extend their life for 20+ years.
Mr. Cohen asked if the School Committee would consider a motion that would ask that the funds
be approved and then work on plans for the possibility of both renovations and new construction.
Then a non-binding ballot question could be put on the Annual Town Election Ballot. That
would allow the residents to weigh in on new versus renovate and would not delay the process.
Selectmen’s Meeting – March 28, 2011
The School Committee would have to discuss. Ms. Steigerwald is concerned that the School
Committee and Selectmen are not on the same page after all the discussions at Summit Meetings
and asked why this is being brought up at the last minute.
Mr. Burnell supports the work the schools have done and supports the proposed renovations.
The School Committee left the meeting.
The Selectmen will arrange a meeting with the School Committee to discuss Article 13A further.
Bertucci’s Change of Officers/Director/Transfer of Stock
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of officers and directors and issue an all alcoholic common victualler liquor license to Bertucci’s
Restaurant Corporation, d/b/a Bertucci’s Brick Oven Ristorante.
Housing Partnership Board – Metro West Payment
Mr. Bicknell, Housing Partnership Board, requested $10,000 be sent to the Watertown
Community Housing in support of the Metro West Collaborative Developers. The Selectmen
requested that Mr. Bicknell meet with the Town Manager and Planning Department staff to
review what the Town receives by supporting and funding the MWCD prior to the Selectmen
approving the payment requested.
Approve Request for Discovery Day
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Retailers Association detailed in a letter dated March 11, 2011 to have exclusive use of the
Muzzey Street/Waltham Street parking lot on Saturday, May 28, 2011 (rain date June 4), from
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5:00 a.m. to 5:00 p.m. for the 32 annual Discovery Day Street Fair, to erect seven temporary
signs, park a flat bed trailer in Lexington Center and provide free parking, subject to having a
pre-event meeting with Police, Fire and DPW to work out the details.
Consent Agenda
One-Day Liquor License – The Lexington Players
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to
serve beer and wine at the Lexington Players fundraiser on Saturday, April 23, 2011, from 8:00
p.m. to 12:00 midnight at the Depot Building.
Selectmen’s Meeting – March 28, 2011
Ratify Poll Vote – Class I License – Lexington Motors, Inc.
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to change the name
on a Class I license from Lexington Toyota, Inc. to Lexington Motors, Inc.
Article Positions
Article 4 Proposed Amendment from Mr. Mehr
Mr. Cohen read the proposed motion which asks that a Study Group be formed to review the
accuracy of fiscal impact projections, to analyze the assumptions and methodologies used, to
identify the reasons for differences and report results to the 2012 Annual Town Meeting.
Mr. Cohen does not support this article because of the burden it may put on town employees.
Ms. Mauger suggested that the School Committee should do the forecasting of student
enrollment, not Town Meeting.
All the Selectmen do not support this article amendment.
Status Report of Scenic Byway Plan
Since Mr. Canale was not able to attend the meeting, this item was tabled until the meeting on
Wednesday, March 30, 2011. Mr. Burnell reminded the Board that the Scenic Byway Group
was holding a public meeting on March 31, 2011 at 7:00 p.m. in Cary Auditorium.
Upon motion duly made and seconded, it was voted 5-0 to table the Status Report of the Scenic
Byway Plan to Wednesday, April 30, 2011.
Documents Presented
1.Article 13A – Appropriate for Bridge and Bowman Renovation – Renovate or Build New
submitted to Town Meeting by Peter Kelley on March 21, 2011.
2.E-mail from Patrick Mehr to the TMMA List regarding his proposed amendment to Article 4
dated 3/28/11.
Upon motion duly made and seconded, it was voted to adjourn at 7:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 30, 2011
A regular meeting of the Board of Selectmen was held on Wednesday, March 30, 2011, at 6:00
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr.
Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Chabot, Assistant to
the Executive Clerk, were present.
Town Manager Report
Mr. Valente provided the Board with a report of Available Balances of Prior Year’s Capital
Authorizations. He explained that since the Town will likely be starting capital projects tonight
at Town Meeting, it has been his practice to provide the Board and Town Meeting members with
a list of all our available balances in prior year capital articles. This is available on the Town
website under the Town Meeting page for anyone who is interested.
th
300 Anniversary Celebrations Committee
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Ms. Rockwell, chair of the 300 Anniversary Celebrations Committee, unveiled the logo for the
celebration designed by Samuel Curley, a junior at Lexington High School, with the assistance of
his teacher, Sean Hagan. She presented Sam with a check and a framed copy of the logo as an
award for winning the Committee’s contest to create a logo. The logo will be used on all
communications of the Committee and on various promotional items and mementos throughout
the celebration.
Status Report of Scenic Byway Plan
Mr. Canale, a representative to the Battle Road Scenic Byway Working Group, gave a status
report on the Battle Road Scenic Byway Corridor Management Plan. He explained the schedule
for completion of the plan and asked about next steps the Board may recommend in order for the
Selectmen to be comfortable accepting the plan by May 13, 2011. Ms. Mauger attended the
public information session held at Cary Hall and recommended that people attend the Open
House at Minuteman National Park on March 31, 2011. Mr. Burnell suggested that an executive
summary of the plan would be very helpful. Mr. Canale would like to get the Board’s input and
questions in the next few weeks. He will make an executive summary available in the next two
weeks.
Community Center Task Force
Ms. Adler, Ms. Trudeau and Ms. Hoffman introduced themselves to the Board and requested to
come back after the completion of Town Meeting to discuss creating a Community Center Task
Force. The three women are long time members of the community with diverse backgrounds.
They have gotten together to form a steering committee and are finding that there is a great deal
of support in the community right now for a community center and feel that this is the right time
to proceed with identifying who the users would be and what their needs are.
Selectmen’s Meeting – March 30, 2011
Discussion of Articles
All five Selectmen support Article 19 - Rescind Prior Borrowing Authorizations.
Article 23 – Appropriate for Prior Years’ Unpaid Bills will be indefinitely postponed.
None of the Selectmen support Article 37 – Commercial Assessments and Article 38 –
Residential Assessments.
HATS Support Letter for Hanscom Activities
Ms. Mauger explained that citizens have asked Hanscom Area Towns Selectmen (HATS) to send
a letter to Secretary Mullan re-affirming Representative Tsongas’s position, and our long-time
community position, against expansion of aviation activities at Hanscom. Also, citizens have
asked each HATS community’s Board of Selectmen to write a letter, re-affirming their support
of the position stated in “Hanscom at the Crossroads”. The proposed letter was provided to the
Selectmen as they arrived at the meeting. Mr. Kelley did not feel that he had time to review the
letter. The Board decided to take this matter up at the next Selectmen’s Meeting on Monday,
April 4, 2011.
Town Manager Appointment – Historical Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
appointment of David Kelland and Frank Kern to the Historical Commission.
Documents Presented
1.Available Balances of Prior Year’s Capital Authorizations
2.Battle Road Scenic Byway Corridor Management Plan
Upon motion duly made and seconded, it was voted 4-0 to adjourn at 7:00 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk