HomeMy WebLinkAbout2012-03-BOS-min
Selectmen’s Meeting
March 5, 2012
A regular meeting of the Board of Selectmen was held on Monday, March 5, 2012, at 6:15 p.m.
in Cary Auditorium, Cary Memorial Building. Acting Chairman Cohen, Mr. Kelley, Mr. Burnell
and Ms. Mauger; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
Mr. Cohen announced that the meeting needed to end by 9:00 p.m. to give the custodians time to
set up for the Town Election that starts at 7:00 a.m. Tuesday morning.
Town Manager Report
Mr. Valente reported on three items:
1.Each March the Town establishes the interest rate for qualifying seniors who elect to
defer all or a portion of their real estate or water/sewer bill. The rate for FY12 will be .17
percent, which is based on the one-year U.S. Treasury Constant Maturity Rate.
2.The FY2013 recommended Budget and Financing Plan has been posted on the Town’s
website.
3.The Bikeway between Season’s Four driveway and Maple Street is re-opened; however,
there are gravel sections so people should use caution. Beginning March 5, the section
between Camellia Place and Bedford Street will be closed from 7:00 a.m. to 4:00 p.m.
Bedford Street should be used as a detour and signs will be posted.
Grant of Location – Nstar Electric Company – Baskin Road
Ms. Carroll, Nstar Electric, presented the request to provide new underground electric service to
57 Baskin Road.
Upon motion duly made and seconded, it was voted 4-0 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 Baskin Road easterly at pole 369/27
approximately 360 feet + south of Loring Road, a distance of about 34 feet + of conduit.
Lexington Farmers’ Market 2011 Summary Update
Ms. Slone and Ms. DeLiso, Co–Market Managers and Ms. Jackson, Town Liaison, reviewed the
2011 Farmers Market. The Farmers’ Market was open 22 Tuesdays with a total attendance of
over 18,000 visitors. New for the 2011 market was opening one week earlier in May and
offering two wine vendors. Three additional tent spaces were added in the center and a weekly
blog was started. There were 41 farmers/vendors throughout the season and 41 different artisans
participated. Also, there were 20 nonprofit groups at the market and 13 entertainers performed
free. The Lexington Farmers’ Market hosted several special events including: the Tomato Fest,
Crafts for Charity, Health Day, Bike to the Market, Eat In Act Out, a local garden tour with
Selectmen’s Meeting – March 5, 2012
proceeds going to the food pantry. In addition, fundraisers were held to support SNAP
(Supplementary Nutritional Assistance Program).
Kids Cooking Green is an educational program that teaches elementary-age children about
nutrition, hands-on cooking and environmental awareness. Other educational programs
included: Backyard Birds, Backyard Goats and Audubon Ark from Drumlin Farm.
The farmers’ market offered a double-incentive program enabling SNAP shoppers to double the
amount of their purchase (up to $25) at the market, which is supported by donors, including
corporate sponsors, and fundraising efforts throughout the season.
The 2012 Lexington Farmers’ Market will open May 29 by wrapping up Revolutionary Revelry
events with the Lexington Fife and Drum group. They will be open for 23 weeks and have many
activities planned.
They are very appreciative of the Town’s support of the Lexington Farmers’ Market.
Historical Commission Request for Paul Revere Ride
Upon motion duly made and seconded, it was voted 4-0 to approve closing off Bedford Street
from Massachusetts Avenue to Hancock Street and Hancock Street to Adams Street to all but
resident emergency traffic from 10:30 p.m. on April 15, 2012 to no later than 12:30 a.m. on April
16.
Lexington Minute Men Request for Minute Man Monument
Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Lexington
Minute Men to place the name of Timothy Blodgett on the Minute Man Monument on the
Buckman Tavern grounds.
Lexington Minute Men Request for Tower Park Musket Firing
Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Lexington
Minute Men to allow musket firing on Saturday, March 24, 2012, from 10:00 a.m. to 12:00 noon
in order to provide new members with instruction.
Appointment – Traffic Safety Advisory Committee
Upon motion duly made and seconded, it was voted 4-0 to appoint Jeanette Rebecchi, the
Transportation Coordinator, to the Traffic Safety Advisory Committee for a term to expire
September 30, 2012.
Selectmen’s Meeting – March 5, 2012
Consent Agenda – Lower Battle Green Flag
Upon motion duly made and seconded, it was voted 4-0 to ratify a poll vote to lower the Battle
Green Flag on Thursday, February 23, 2012, in memory of the passing of Richard Bechtel.
Upon motion duly made and seconded, it was voted 4-0 to ratify a poll vote to lower the Battle
Green Flag on Thursday, March 1, 2012, in memory of the passing of Robert Whitman.
Busa Property Use Decision
Mr. Cohen stated that this is the 22nd meeting of the Selectmen where the Busa Property has
been discussed.
Ms. Shaw, Recreation Committee, read the following statement:
“More than three years ago, the Recreation Committee began the process which led to the Busa
land purchase. With a long-standing field shortage curtailing full participation in sports
programs, Recreation submitted a proposal for the almost 8-acre purchase to the Community
Preservation Committee. This proposal, which was unanimously voted by the CPC, outlined
plans for an athletic field, some affordable housing, and open space. This multi-use proposal
was presented, discussed and voted at the 2009 Town Meeting. The original Concept Plan
Proposal was later modified to change the field orientation, allowing better opportunities for
other uses. This plan was presented at the August 30, 2011 Selectmen’s meeting, and is now
shown on the screen. It shows a 2-acre field located in the North-west corner of the parcel.
“What has happened since the time of agreement to use the $4.1 million parcel for recognized
Town purposes? First, the Selectmen decided to open the process by appointing an advisory
committee to discuss the land use issues and to hear neighborhood concerns. Not surprisingly,
the Busa neighbors wanted no changes on the parcel. Ironically, Recreation use which was the
first priority for the purchase of the Busa land was brushed aside by the Busa Committee, as
most members favored the Farm. Second, the recently formed LexFarm group started a well-
organized and high-powered PR campaign to promote a Community Farm at Busa. While this
PR campaign was impressive, we must ask if a farm at Busa accurately reflects the needs and
goals of our community, and we question if this PR-generated support and lobbying effort is the
way to make intelligent public policy.
“When the Busa Committee decided that a community farm should be at Busa, they
automatically rejected any Recreation use. On this basis they claimed that a field wouldn’t “fit.”
They accepted LexFarm’s claim that a community farm had to use most, if not all of the parcel.
We believe that a community farm can co-exist with recreation. We have advocated a shared use
of the Busa land with several Town needs. Based on Newton’s very successful 2 acre
community farm, LexFarm could also share the Busa land with other Town uses, and still have a
viable farm.
Selectmen’s Meeting – March 5, 2012
“The need for additional field space in Lexington is very real. We have repeatedly stated that one
of the biggest challenges facing the Recreation Department is accommodating the increased
demand for athletic fields. Participation in youth and adult sports has increased dramatically
over the past 15 years, with now more than 6,000 participants in Lexington youth and school-
based sports using the Town’s fields each year. We believe the statistics tell the story. In 1998
just over 30,000 hours of field use were permitted. In 2009 that number had increased to over
51,400 hours. The saddest statistic for those who value healthy recreational activity is that more
than 2,000 hours of field requests were denied last year due to field shortages. We firmly believe
that physical activity is crucial for a healthy life-style for our young people in these times of
increasingly sedentary behavior because of technology use. We have been waiting 14 years for
the Town to make good on its promise to provide more fields, after losing the Hennessey and
Harrington fields. We believe that creative planning in the use of the Busa land will give
Lexington a rare opportunity to address important Town-wide goals – which include recreation,
affordable housing, and open space. We believe that this could be our last real chance.
“I will conclude with a statement made by David Kanter from the Capital Expenditures
Committee, in a February 2011 Minuteman article:
“To have spent over $4.1 million for what would be a privately, albeit non-profit,
operated farm with those other, long-standing Town needs left to compete for few
–if any – other suitable sites and scarce funding, is in my opinion, misguided and
woefully inconsiderate. I hope that the Board of Selectmen will decide those
other uses are far more suitable for the Busa property, when considering the needs
of all of Lexington- today and in the future.”
Ms. Weiss, speaking as individual, voted for the purchase of the Busa property because it was
going to fulfill the Town needs for an athletic field, more affordable housing and the remainder
for a community garden. She requested that the following issues be addressed:
1.Is a farm the democratic thing to do?
2.What are the alternative sites available for a field?
3.Why has the BLUPC recommendation for a farm and 1-2 units of affordable housing not
been moved forward?
4.If a farm fails, can the Town take the land back and put in a field?
5.Is there enough land for all three uses (a field, affordable housing and a farm)?
6.Does Lexington need additional affordable housing?
In summary, she feels a plan of shared uses that would benefit the whole Town is needed at the
Busa Property. She suggests a 2.2 acre field that includes 1.97 acre field and 0.19 acres of
parking possibly in the northwest corner running east to west; a configuration of 4 homes that
would include 2 units each for a total of at least 8 units on 0.75 acres on Lowell Street; and the
remainder of the Busa property could be farm land (4.95 acres). If the farm community wants
more land there is an additional 7 to 9 acres of town-owned farm land on Waltham Street.
Selectmen’s Meeting – March 5, 2012
She suggests that it is the responsibility of the Selectmen to consider the cost of the land, the
unlikely availability of any other land in Town for field space and to provide at the very
minimum 8 units of affordable housing.
Ms. Murnaghan, Wachusett Drive, is hopeful the Selectmen will commit that a farm will be
located at the Busa Property. She would become actively involved in the farm and believes it
would be an invaluable resource for the Town.
Ms. Tollen, Peacock Farm Road, supports a farm on the entire Busa Property. Housing should
not be built on the Busa Property. She also had concerns about stigmatizing low income
residents who live in cluster housing.
Mr. Karnofsky, Bertwell Road, is inspired by LexFarm and thanked the Busa Land Use Proposal
Committee for setting highest standards and they concluding that farming is the best use of the
property. He urges the Selectmen to limit the affordable housing to one building with no more
than 3 units.
Mr. Pressman, Locust Avenue, feels a recreation field is most important use for the Busa
Property and that it could be sited on the property. Farming could be done on other pieces of
land owned by the Town.
Mr. Armstrong, 15 Haskell Street, does not think the proposed housing on Lowell Street will
spoil the view. He does not support a field on the property.
Mr. Kent, Doran Farm Lane, believes a community farm on the Busa Property is a unique
opportunity and the property should not be used for housing or recreation fields.
Ms. McKenna, Precinct 6 Town Meeting Member, asked the Selectmen to remember that what
was presented to Town Meeting was a plan that included a recreation field, some farming and
affordable housing. She would not have voted for the purchase of the property unless recreation
was a part of it. She feels there are lots of options for farm land and no options for recreation
fields.
Ms. Tiffany, Precinct 8 Town Meeting Member, supports a farm to save open space and to learn
skills that will be needed in the future. She has never seen such an uprising of excitement and
support for a concept before. Housing and fields should not be located on the Busa Property.
Ms. Reed, Westminster Avenue, is a Board Member of LexFarm and involved in the educational
benefits. It is important to have enough land to include a separate space for an educational piece.
Ms. McDonald, Curve Street, urged the Selectmen to begin a community conversation to discuss
the three options (farming, recreation, affordable housing). She suggested that the Selectmen not
make a decision on the land use, let the property be farmed another year and give Town Meeting
time to talk about affordable housing goals.
Selectmen’s Meeting – March 5, 2012
Ms. Manz, Planning Board, stated that the Planning Board sought an inclusionary housing bylaw
which would have allowed a small percentage of affordable housing with each new subdivision;
but it was defeated by Town Meeting. It was made clear by town meeting that this was not the
optimal way to meet affordable housing obligations. Scattered Housing has been done
successfully, but the expense needs to be considered. LexHAB’s current model is to purchase
small homes costing around $500,000, which she agrees is not the most economical way to
create and maintain affordable housing. Lately LexHAB and the Housing Partnership Board
have been looking at building affordable housing as small attractive townhouses in small clumps,
like those suggested for the Busa Property, which is less expensive to build at around $150,000
each; they are also energy efficient. Finding locations for affordable housing is becoming very
difficult. LexHAB’s proposal for four (4) small units on Lowell Street would provide enough
land for the farm and provide much needed affordable housing.
Mr. Burnell supports 4-8 units of affordable housing on Lowell Street. He suggested using ½ of
the frontage for 4 units. He believes a recreation field should be built on the Busa Property
similar to what was presented at Town Meeting. The remaining land could be farmed in
combination with 15 other acres of Town property that could be used for additional farm land.
Ms. Mauger feels locating affordable housing on Lowell Street is the best option taking into
consideration the vista. The rest of the land should be identified as open space with the first use
as a community farm.
Mr. Kelley supports 4-8 units of affordable housing on Lowell Street using only 1/3 of the
frontage to preserve the vista. He understands the need for additional recreation fields and
suggests looking into using the Idylwilde Conservation Land for locating a recreation field.
Mr. Kelley and Ms. Mauger would support asking Town Meeting for funds to do an engineering
study to determine how to maximize recreation resources using turf and lighting.
Mr. Cohen suggested voting on placing affordable housing along Lowell Street and designating
the rest of the land as open space. Mr. Kelley does not want to take any votes until the full board
is present.
Upon motion duly made and seconded, it was voted 3-1 ( Kelley opposed) to place affordable
housing on Lowell Street.
Upon motion duly made and seconded, it was voted 3-1 (Kelley opposed) to designate the rest of
Busa Property as open space.
The Board decided to wait until a full board was present to vote on beginning the RFP process
for a farm.
Selectmen’s Meeting – March 5, 2012
Funding Request
Mr. Valente explained that the Economic Development Advisory Committee (EDAC) has
recommended that the Town participate in the upcoming BIO 2012 Conference to be held in
Boston in June. This would provide the opportunity to promote Hartwell Avenue and Hayden
Avenue to bio-tech brokers and firms. Shire is very interested in sponsoring a tour of their
manufacturing facility for interested BIO 2012 attendees.
The cost for presence at the conference would mean registering as a sponsor for approximately
$5,000. In addition, staff would like to develop marketing brochures for brokers and bio-tech
firms. The budget is estimated to be in the $10,000 range.
If the Selectmen are supportive of the endeavor the two funding options are: 1) to use up to
$10,000 from the FY2012 Selectmen’s budget that includes $36,000 designated as matching
funds for the Adams grant which the Town was not successful in receiving; or 2) request a
$10,000 reserve fund transfer from the Appropriation Committee.
Mr. Kelley suggested that the Tourism Committee/Liberty Ride and landlords be included in the
plans for marketing.
Mr. Burnell stated that the EDAC and the Economic Development Director are pursuing Mr.
Kelley’s suggestions and that they are planning to present the plan to the entire community.
Upon motion duly made and seconded, it was voted to authorize the Town Manager to expend
up to $10,000 from the selectmen’s expense budget for participation in the BIO2012 Conference.
2012 Annual Town Meeting Article Positions
Because the meeting needed to end by 9:00 p.m., this item was postponed until the next meeting
of the Selectmen on March 19, 2012.
Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 19, 2012
A regular meeting of the Board of Selectmen was held on Monday, March 19, 2012, at 6:00 p.m.
in the Cary Auditorium in the Cary Memorial 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. Crocker, Safe Routes to School, shared that Safe Routes to School was awarded the
Outstanding Safe Routes to School Leadership Award. She, representing SRTS for Hastings,
handed out a memo to the Selectmen requesting that the Code of the Town of Lexington be
changed to allow for stop signs on Wilson Road, which were recently removed. The stop signs
at the intersection with Roosevelt Road are critical to ensure the safety of the children and
parents who walk in the area to Hastings Elementary School.
Sewer Betterment Abatement – Oakmount Circle
The Selectmen discussed the request for a sewer abatement from the property owner of Lot 21 of
Map 55 and Lot 183 of Map 56. The Selectmen agreed that his land has been bettered and the
property owner also could combine the lots and subdivide the property at some point. Also the
Town is following a practice of charging assessments based on street frontage of lots.
Upon motion duly made and seconded, it was voted 5-0 to deny the request for abatement of
sewer betterment charges for Richard Smith for Lot 21 on Map 55 and Lot 183 on Map 156.
2012 Annual Town Meeting Articles
Article 8 – Appropriate for FY2012 Community Preservation Committee Operating
Budget and CPA Projects
Ms. Manz, Chair of the Community Preservation Committee (CPC), was available to answer any
questions the Selectmen had. She also asked for guidance with regard to the proposed upgrades
to the Cary Memorial Building. The CPC was presented a proposal requesting $550,000 for a
design phase and CPC voted 7-1 in favor of the proposal. Now the Selectmen have decided on
an alternative funding schedule that would cost $75,000 for preliminary design in FY2013. CPC
would like the $550,000 proposal to be presented at Town Meeting.
The Selectmen agree Town Meeting should receive two presentations: one on the CPC approved
project for $550,000 and one on the Selectmen’s amendment for $75,000. The Selectmen will
explain why two proposals are being presented and take ownership of any issues or problems.
Mr. Kanter, Capital Expenditures Committee, stated the Capital Expenditures Committee is in
support the $75,000 project for Cary Memorial Building. On the LexHAB Set Aside for
Housing Acquisition they recommend that no money be allocated this year.
Selectmen’s Meeting – March 19, 2012
Regarding the Muzzey Senior Center Upgrades, Mr. Kelley asked about the possibility of
increasing the footprint and Mr. Goddard said it is possible to look at that during the
design/development phase. Mr. Burnell would also like to review ways to have a secondary
elevator.
Article 12 – Appropriate for Municipal Capital Projects and Equipment – Estabrook
School – Off-site Street Engineering, Improvements and Easements
Mr. Valente provided the Selectmen with the MSBA approved budget for the new Estabrook
School ($40,792,248) and the reimbursement rate (37.27%).
For the off-site street engineering, improvements and easements, Public Works is requesting that
$170,000 be funded to cover costs for the engineering phase, which will include making
Robinson Road 18 feet wide, adding a sidewalk on one side, the work on the Robinson
Road/Grove Street intersection and Grove Street /School entrance intersection. Public Works
will request construction funds later.
All Selectmen support Article 12 – Appropriate for Municipal Capital Projects
Article 16e – Appropriate for Public Facilities Capital Projects – White House
Stabilization
The Selectmen all support indefinitely postponing Article 16e. Mr. Kanter, Capital Expenditures
Committee stated that if the Selectmen indefinitely postpone this article they will offer a
substitute motion to proceed with the project as proposed.
Article 35 – Amend Zoning By-Law – Residential Use in the CB Zone
Article 36 – Amend Zoning By-Law – Home Occupations in CB Zone
Article 37 – Amend Zoning By-Law – Height in the CB Zone
Mr. Canale, Chair of the Planning Board, presented information on three zoning articles. Article
35 would allow residential use above the street level in the Center Business District. Article 36
would allow residents in housing units in the center to conduct home occupations. Article 37
would allow a maximum height of 45 feet for all buildings, a maximum floor area ratio (FAR)
change from 2.0 to 2.4, and there would be no limitation on the number of stories.
Mr. Kelley does not support Article 37. He does not support a height greater than 2.5 stories.
The Selectmen all support Articles 35 and 37. Article 37 is supported by all Selectmen, except
Mr. Kelley.
Article 17 – School Bus Transportation Subsidy
Ms. Crocker, Safe Routes to School, presented information on why she proposed that a school
bus subsidy in the amount of $316,250 be started to share the high cost of riding the school bus
with the community, similar to Lexpress. This is an attempt to get more residents to use the bus
rather than driving children to school.
Selectmen’s Meeting – March 19, 2012
Ms. Mauger is supportive of the article and believes the prime reason the parents don’t use the
bus is cost. She feels an experiment for 1-2 years would be a good idea and it will be a good
discussion to have at Town Meeting. School buses are the safest way to get kids to school and it
will be more cost effective to subsidize the bus fee.
The Appropriations Committee has not taken a position on Article 17 or discussed what sources
of funding should be used.
Questions were asked about what happens when the $316,250 subsidy is used up and if more
busses are needed what the cost would be.
The School Transportation and Safety Study Committee is charged with identifying solutions
and proposals for implementation of action items to address how to increase bus ridership,
walkers and bikers, finding a way to deter driving children to school and modifying bus service
to better serve the population. This article is just one piece of the problem.
Mr. Pato stated that the fee paid by the riders pay for a seat on the bus and as the budget is
increased with new riders it would pay for new busses and the subsidy would be reduced across
the ridership.
Ms. Mauger suggests funding come from the general levy from the unallocated balance. If the
program is successful it would become part of the regular budget.
Ms. Dunn, Assistant Superintendent of Finance and Business, said the bus contract bid was
structured to include pricing to run multiple levels of routes; the current contract includes paying
for a bus all day. The Schools are in the middle of discussions for a new contract and they are
not sure if a bus contract can be resolved before town meeting, but they feel they can get more
efficiencies.
The School Committee will discuss Article 17 at their March 26 meeting.
Mr. Kelley suggested using Estabrook as a test for the program, rather than town-wide. He is
also in favor of incentives to get kids to take the bus or walk or bike.
It was suggested that a financial analysis be put together to answer questions when the article
comes up at Town Meeting. The School Department is working on a new school bus contract.
Ms. Mauger is in support of Article 17; the other Selectmen will wait for additional information.
Grant of Location – National Grid – Arcola Street
Mr. Regan, National Grid Representative, requested approval of this request to provide new gas
service to 33 Arcola Street.
Selectmen’s Meeting – March 19, 2012
Upon motion duly made and seconded, it was voted 5-0 to approve the petition for Arcola Street
for National Grid to install and maintain approximately 40 feet of 2 inch gas main in Arcola
Street.
Proposed Financial Plan for Use of Health Insurance Savings
Mr. Valente explained that since the FY2013 budget was approved, the benefits/health insurance
budget has been revised because of the change to the GIC. It is recommended that the budget be
revised from $24,379,821 to $21,000,000. That adjustment will make available $3,379,821 and
the staff made the following recommendations:
Street Maintenance/Reconstruction $400,000
OPEB Stabilization Fund $750,000
Capital Projects/Debt Service Reserve $2,229.821
Amend health insurance to $21 mil and BOS to start thinking discussion on ways to reallocate
those funds now available.
Mr. Kelley suggests using $500,000 for operating budget enhancements or cash capital and then
use the 72-28% formula split between schools and municipal so the schools could use that
money rather than one-time funding as they have requested.
Mr. Cohen stated that the Summit already dealt with schools one-time budget requests for
FY2013. Any changes should be considered for next year’s budget.
Upon motion duly made and seconded, it was voted 5-0 to reduce the budget for Benefits/Health
Insurance in the Brown Book from $24,379,821 to $21,000,000.
Mr. Kelley proposed a motion to adjust the FY2013 operating budget by $500,000 using the 72-
28% split formula to accommodate selected municipal and school expenditures to reflect those
amounts. There was no second.
Busa Property Use Decision
Mr. Manz hopes that the Board will be able to refine a decision on the use of the open space
piece of the Busa Property.
Ms. Mauger spoke about the need for a thick skin to be a Selectman and how some of the
comments have been less than civil. The motives of the advocates are noble healthy goals and
should be respected and the Board’s motive is to do what is in the best interest of the community.
Residents will not get involved if the discourse and disagreement are not civil. She hopes
residents will fight incivility by getting involved, running for office and working on fixing the
process.
Selectmen’s Meeting – March 19, 2012
Mr. Kelley is convinced that the Busa Property is the right place for a farm, but suggests that the
Selectmen consider reconnecting with Town Meeting by adding a line item to the operating
budget asking for $20,000 to analyze the Busa land for athletic fields and parking, ask Town
Meeting to debate and if they felt strongly that the Busa Property should include a recreation
field put off the RFP process for another year. He is concerned that Town Meeting voted to
purchase the Busa Property because the proposed plan included a recreation field.
Mr. Manz responded that BLUPC was formed to vet all the options and many in the community
have requested that the Board support the recommendation of the BLUPC Report, which was for
a farm.
Mr. Burnell stated the Recreation Department was responsible for bringing forward and heading
the effort to purchase of the Busa Property; that should not be ignored. He feels it is appropriate
to set aside the north segment for a recreation field, to proceed with affordable housing on
Lowell Street and the remainder of land would be for farming. Farming could also be done on
15 acres of farming land in town. He would support a motion to use for recreation, affordable
housing and farming.
Ms. Mauger displayed a drawing of the Busa Property showing the proposed location for a
recreation field. She was persuaded that a field would not fit since the field needs a buffer zone
around it, which would cut into the driveway and parking area.
Mr. Cohen agrees that additional recreation fields are necessary, but the Busa Property is not the
right location for a field.
Mr. Manz feels the Town needs a Recreation Complex with sufficient parking space for back-to-
back games. A single field would be inadequate and the Busa Property is not an appropriate spot
for a single recreation field.
Mr. Kelley presented a plan for four units of affordable housing that would be in one structure
located on Lowell Street that only uses 93 feet of frontage and has eight parking spaces and
could be graded for an outdoor space. He worked with Mr. Oldenburg on this plan that he feels
would not change the vista. He wants farming to be pursued and an RFP to be sent out, but he
also wants to reconnect with Town Meeting on recreation needs. He also showed a drawing of a
full size field on the Idylwilde property that he would like the Board to consider. The property
could also include some smaller fields, a play area and parking from Lincoln Street and from
Middle Street. His idea is to acquire the Wright Farm for conservation purposes and request
permission to use the Idylwilde property for recreation.
Using Idylwilde for recreation would require approval from the Conservation Commission and
an act of the Legislature.
Selectmen’s Meeting – March 19, 2012
Mr. Cohen reminded everyone that the motivation to purchase the Busa Property was because a
developer proposed building 14 homes on the property and the Town decided that was not the
best use. He feels the vote was clearly presented as an “and/or” options for recreation, affordable
housing and a community garden. He suggested going forward with an RFP for the farming
piece. Designating the space for the affordable housing will need to be settled, but the frontage
should be more than 93 feet. He supports pursuing the possibility of using Idylwilde for a
recreation field.
Upon motion duly made and seconded, it was voted 3-2 (Kelley and Burnell opposed) that
affordable housing be built along Lowell Street with a final plan to be developed as quickly as
possible; that the majority of the parcel be used for a community farm with the formation of an
Agricultural Committee and the drafting of a Request for Proposal be done as quickly as
possible; that existing trails and access paths be left as open as possible; and that we provide
support for an improved Recreation Complex.
Mr. Kelley proposed that the motion included not exceeding 1/3 of the frontage on Lowell Street
for the affordable housing. There was no second.
Tourism Committee Request for Funds
Ms. McKenna requested approval from the Selectmen to use some of the funds that were
appropriated for the Adams Art Grant in the FY2012 budget for Revolutionary Revelry events in
May. The goal of Revolutionary Revelry is to drive customers to Lexington businesses and
organizations.
Upon motion duly made and seconded, it was voted 5-0 to approve the use of up to $6,800 from
the Selectmen’s FY2012 budget towards the costs of Revolutionary Revelry in May 2012.
Settlement Agreement Between Attorney General and Wheelabrator
Since the Town received confirmation that the language of the release is intended to be construed
narrowly and does not release Wheelabrator from any claims not described as “covered matters”,
Town Counsel is comfortable advising the Town to execute the release and receive the Town’s
allotted share of the Municipal Relief Fund. Lexington’s share will be $53,244.02.
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town
Manager to sign the Release Prior to Payment of Municipal Relief, in the matter of a consent
judgment between the Commonwealth and Wheelabrator.
License Agreement for Lincoln Park
The Lions Club has agreed to fund and construct a restroom facility at Lincoln Park. The
License Agreement authorizes the Lions Club to work on Town property. The Lions Club has
agreed to donate the completed structure to the Town.
Selectmen’s Meeting – March 19, 2012
Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town
Manager to sign the Donation and License Agreement for a Lincoln Park Restroom Facility.
Town Manager Appointments – Conservation Commission
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Philip Hamilton and Joyce Miller to the Conservation Commission for terms to
expire March 31, 2015.
Appointments
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,
2013.
HATS Environmental Subcommittee
Upon motion duly made and seconded, it was voted 5-0 to appoint Helen Zhu to the HATS
Environmental Subcommittee.
Sidewalk Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Jill Hai to the Sidewalk
Committee for a term to expire September 30, 2015.
Upon motion duly made and seconded, it was voted 5-0 to change the membership of the
Sidewalk Committee from 9 members to 7 members.
Appoint Assistant Manager – Omni Crushed Grapes and More
Upon motion duly made and seconded, it was voted 5-0 to approve Danielle Garrison as
Assistant Manager selling liquor at the Omni’s Crushed Grapes and More located at 411
Waltham Street.
Discovery Day Street Fair
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 2, 2012 to have exclusive use of the
Muzzey Street/Waltham Street parking lot on Saturday, May 26, 2012 (rain date June 2) from
rd
5:00 a.m. to 5:00 p.m. for the 33 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.
Selectmen’s Meeting – March 19, 2012
Continue Liquor Hearing for Nirav Liquors, Inc.
Upon motion duly made and seconded, it was voted 5-0 to continue the liquor license hearing for
Nirav Liquors, Inc. d/b/a Lexington Wine and Spirits, 335A Woburn Street, to Monday, March
26, 2012, at 6:00 p.m.
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:
Commitment of Water / Sewer Charges FA0312 (Section 3) $3,979,618.44
Commitment of Sewer Charges misc charges January 20, 2012 (special billing) $180,315.85
Commitment of Water / Sewer Charges February 2012 (Cycle 9 Billing) $183,114.46
Commitment of Water / Sewer Charges February 2012 (Final Billings) $ 2,332.28
Adjustments to Water / Sewer as recommended by WSAB ($59,922.14)
Hartwell LRTP Inclusion Letter
Upon motion duly made and seconded, it was voted 5-0 to approve and the Chairman sign a
letter addressed to the Boston Region MPO recommending the Hartwell Avenue project for
inclusion in the next Long Range Transportation Plan.
Authorize Town Clerk to Waive Fee for Lexington Employees for GIC Participation
Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Clerk to issue one
certified copy of a birth and/or marriage certificate to Lexington school or municipal employees
at no cost for the purposes of documenting GIC insurance eligibility of family members during
the open enrollment period ending May 7, 2012.
Approve Bike Safety Pamphlet in with Tax Bill
Upon motion duly made and seconded, it was voted 5-0 to approve putting the Bike Safety
Pamphlet in with the spring tax bills.
Ratify Poll Vote – Use of Battle Green – Lexington Minute Men
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve the
request of the Lexington Minute Men to use the Battle Green on Friday, March 16, 2012, from
approximately 8:00 a.m. until 11:00 a.m. to film a show, including firing a couple of musket
rounds.
Ratify Poll Vote – One-Day Liquor License – LHS Baseball Boosters
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve a one-day
liquor license to serve beer and wine for the LHS Baseball Boosters fundraiser on March 16,
2012, from 7:00 p.m. to 10:00 p.m. at the Depot Building.
Selectmen’s Meeting – March 19, 2012
Approve One-Day Liquor License – Diamond Middle School PTA
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Diamond Middle School PTA to serve beer and wine for Distinctly Diamond Parent Night on
Friday, March 23, 2012, from 7:30 p.m. to 11:00 p.m. at the Depot Building.
Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 26, 2012
A regular meeting of the Board of Selectmen was held on Monday, March 19, 2012, at 6:00 p.m.
in the Selectmen Meeting Room of the 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.
Continued Liquor Hearing for Nirav Liquors, Inc.
Nirav Liquors needs a special permit from the Board of Appeals to allow a package store at
335A Woburn Street. The applicant met with the Board of Appeals on March 22, 2012 and the
hearing was continued to April 12, 2012 to provide additional information.
Upon motion duly made and seconded, it was voted to continue the liquor license hearing for
Nirav Liquors, Inc. d/b/a Lexington Wine and Spirits, 335A Woburn Street, to Monday, April
23, 2012, at 6:00 p.m.
Options for Funding Budget Priorities
The Selectmen discussed proposed options to use approximately $3.4 million in revenue from
savings in the health insurance budget that will be available for appropriation in the FY2013
budget:
Streets Maintenance/Reconstruction $ 400,000
OPEB Stabilization Fund (additional) $ 750,000
Capital Projects/Debt Service Reserve $2,229,821
Mr. Burnell supports the recommendations, but would like to see considerably more than
$400,000 put into Street Maintenance/Reconstruction. Mr. Valente spoke to Engineering and the
$400,000 is based on how much additional work they could manage and spend in FY2013.
Upon motion duly made and seconded, it was voted 5-0 to approve appropriating $400,000 to the
Street Maintenance/Reconstruction line item.
The other proposed recommendations will be discussed with the finance committees at a Summit
meeting, which is scheduled for Monday, April 2, 2012.
2012 Annual Town Meeting Article Positions
All Selectmen support the following articles:
Article 16 – Appropriate for Public Facilities Capital Projects
Selectmen’s Meeting – March 26, 2012
Selectmen support includes indefinitely postponing Article 16e (White House Stabilization).
When the Selectmen make the recommendation at Town Meeting the Capital Expenditures
Committee will recommend an amendment to support the project. Mr. Burnell and Ms. Mauger
will work together on a presentation.
Article 18 – Appropriate to Post Employment Insurance Liability Fund
Article 19 – Rescind Prior Borrowing Authorizations
Article 23 – Appropriate from Debt Service Stabilization Fund
Article 26 – Appropriate for Authorized Capital Improvements
Article 32 – Amend General Bylaws – Dog License Late Fee
Article 26 will appropriate $200,000 received from an insurance settlement for repairs necessary
for the washbay at the Public Services Building. Mass. General Law requires that if an insurance
settlement is more than $25,000 the money has to be appropriated by Town Meeting.
Mr. Manz and Mr. Burnell were ready to support Article 34 – Amend Zoning By-Law – Dana
Home Property Land Rezoning after reading the revised proposal and listening to the applicant’s
presentation to the Planning Board.
Mr. Kelley was surprised that his colleagues would take a position considering that the new
PSDUP has not been filed yet and that the Planning Board still needs to have a public hearing
and provide a report.
Both Mr. Manz and Mr. Burnell said they currently support the project, but could change their
mind if it is necessary.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 6:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 28, 2012
A regular meeting of the Board of Selectmen was held on Wednesday, March 28, 2012, at 6:00
p.m. in the Selectmen Meeting Room of the 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.
Dissolve the Busa Land Use Proposal Committee
Mr. Manz thanked the committee for the wonderful job they did.
Upon motion duly made and seconded, it was voted 5-0 to dissolve the Busa Land Use Proposal
Committee.
Article Positions
It was not necessary for the Selectmen to take a position on any articles at this time.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
at 6:05 p.m. to discuss strategy with respect to coalition bargaining and to reconvene in open
session only to adjourn. The chairman further declared than an open meeting discussion may
have a detrimental effect on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted 5-0 by roll call to return to open session at
7:10 p.m.
Upon motion duly made and seconded, it was voted to adjourn at 7:10 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk