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HomeMy WebLinkAbout2008-03-BOS-min Selectmen’s Meeting March 10, 2008 A regular meeting of the Board of Selectmen was held on Monday, March 10, 2008 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Manz and Mr. Cohen had the pleasure of reading to students at the Harrington and Estabrook schools and each had a wonderful time and thought the students were terrific. Mrs. Krieger thanked Anne Leary, Chair of the Town Report Committee, for the excellent job she and the committee did to put the report together in time for the earlier Town Meeting. Mrs. Krieger received approval from the Board to send a letter of support for House 4262, an act relative to real property tax deferrals in the Town of Lexington. The proposed home rule petition would lower the qualifying age and raise the income limit above $40,000. Mrs. Krieger invited the audience to participate in a public meeting to be held on Sunday, March 16, 2008, from 1:30 to 3:30 p.m. to discuss possible future uses of the Stone Building. The Selectmen support the opportunity to host the Massachusetts Climate Action Network 90- minute training program for builders on green building code and needs. Mrs. Krieger has spoken to members of the Planning Board and Gary Rhodes, the Building Inspector, who all think it would be a good program to offer. Recreation Fees Ms. Simmons, Recreation Director, representing the Recreation Department and Committee, requested an increase in the recreation program fees. The Recreation Department reviews the fees on an ongoing basis and recommends proposed increases to the Recreation Committee. The Recreation Committee has already approved the fees as presented. The increases are necessary because of the increase in the minimum wage, higher utility costs, and higher costs for expenses such as chemicals, program supplies and fuel surcharges on deliveries. The fee increases are being split between FY2008 and FY2009. If attendance remains at the current level, it is estimated that the proposed fee increase over the two-year period will generate approximately $145,000 in new revenue. The three largest program areas are: aquatics, athletic fields and the golf course. The aquatics program is one area that will have fee increases in two fiscal years. Swim tags are already being sold for the 2008 season; therefore the new fee will be implemented in 2009. The increased fees will be: Selectmen’s Meeting – March 10, 2008 Aquatics FY2008 FY2009 Non-resident family tag $325.00 $350.00 Resident Family Tag 165.00 190.00 Adult tag 60.00 70,00 Child Tag (up to 18) 45.00 50.00 Senior Tag 45.00 50.00 Daily admission and swimming lesson fees will be implemented in the summer of 2008. The recommendation for fee increases is to keep the 30-minute class at the existing $40 per session and increase the 45-minute class to $50 per session. For daily admission it is recommended that a single admission rate of $5 be charged for Lexington residents and their guests with a family cap of $20 per day. The recommendation for the daily nonresident fee is $6 per person, with a family cap of $24 at the Old Reservoir. The total aquatics increase is expected to generate approximately $38,000 in new revenue over two years. For Athletic fields, the Recreation Department permits over 44,000 hours to youth and adults; Lexington schools and youth organizations have priority for permits. The recommendation is to increase the per person fee from $10 to $13 per child per season beginning after July 1, 2008. Under the new per person fee structure, customers can reserve a field for one hour and pay for only one-hour. This new procedure will be evaluated at the end of the permitting season to see if it is cost effective with our limited resources. Lincoln Park continues to run a deficit and is supported by other recreation programs. In addition to operating expenses associated with Lincoln, the Recreation Department pays $100,000 annually on the debt. Therefore, it was recommended that the fees to use the 3-infill synthetic turf fields increase in an effort to break-even. The new fee would go into effect immediately for new requests. The largest component of the Recreation Enterprise Fund is the golf course. In December, the management contract will go out to bid and it is estimated that it will increase by 10%. The recommendation is to increase the fee by $1.00 per round and $2.00 per electric golf cart, which will generate approximately $36,000. Upon motion duly made and seconded, it was voted 5-0 to approve the recreation fee schedule as recommended by the Recreation Committee and dated March 10, 2008. Lexington Muster Day Ms. Crocker, representing the William Diamond Fife and Drum Corps, came before the st Selectmen to request that the 1 Saturday of every May be designated as Lexington Muster Day. The William Diamond Jr. Fife & Drum Corps hosts a Colonial Tattoo & Muster annually on the first Saturday of May; this year being the sixth annual event. They are designed to promote the Selectmen’s Meeting – March 10, 2008 study of both music and history among young people in Eastern Massachusetts and to perpetuate the traditions of fife and drum music. They are a teaching corps and consist of 40 youth aged ten to 18. Several members of the local fife and drum and colonial militia community provide instruction. Upon motion duly made and seconded, it was voted 5-0 to designate the first Saturday of each May as “Lexington Muster Day” to raise the awareness of the Corps and of Lexington’s colonial heritage. Article Positions/Presentations Mr. Mehr presented the following articles: Article 37 Amend Tree Bylaw Article 40 Double Utility Poles Article 41 Municipal Electric Utilities The Selectmen were split on supporting Article 37. Three Selectmen do not support because they feel an additional fee on top of the building permit fee is not necessary. Mr. Manz was not prepared to take a position. Mr. Cohen is willing to support. All Selectmen support Articles 40 and 41. The Selectmen took positions on several of the projects under Article 9, Appropriate the FY2009 Community Preservation Committee Operating Budget and for CPA Projects. The Selectmen support all the projects with the following exceptions: c) Hancock-Clarke House Restoration – Mr. Kelley does not support e) Senior Center Design, Renovation and Expansion – waiting for further information o) Stone Building Renovation – waiting for further information p) Land Acquisition – waiting for further information q) Munroe Fire Prevention System Replacement – Mr. Kelley does not support Mr. Kelley supports Article 14, Appropriate for Recreation Capital Projects, and Article 15, Appropriate for Municipal Capital Projects and Equipment. All Selectmen support the following articles: Article 18, Appropriate for School Capital Projects and Equipment Article 19, Appropriate for Public Facilities Capital Projects Article 21 – Appropriate Money – Laconia Street – if legal Selectmen’s Meeting – March 10, 2008 Department of Senior Services Reorganization Mr. Valente presented information regarding how youth and family services would be provided. The Superintendent offered this position space at the Administration Offices. ?? A Director would be hired as soon as possible; ?? Candidates will be recruited with a LCSW, MSW or related degree; ?? The Director will report to the Town Manager’s Office; ?? The Director would be responsible for: information and referral for youth and family issues in Lexington; coordinate with the School, Police, Recreation, Health and other State and local support groups that deal with youth and family issues; ?? The Director will coordinate educational and other programs directed towards youth and their families; ?? The Director will coordinate and refer people to Lexington counseling professionals who may be willing to volunteer their services; and ?? The Director will be staff liaison to the Fund for Lexington Board. If the Selectmen approve the proposal, the next steps will be: 1. Coordinate recruitment and interview process for Director’s position with the Human Services Committee and Youth Services Council. 2. Clarify the role and charge of the Human Services Committee and Youth Services Council. 3. Coordinate with the Youth Forum Task Force on developing programs for the Youth and Family Services Office. Address follow-up steps from the Forum held in February. 4. Continue discussions with the School Department regarding coordination on youth and family services. 5. Identify options for where the Youth and Family Services Office should be located. Mr. Manz is pleased with the proposal and the commitment to hire a qualified candidate, but wants to see much more. Mr. Burnell is concerned that the Youth and Family Services is fractured with no real policies and procedures. He wants to see a lot more coordination and also clarification as to what and how the program would work. All Selectmen felt it was important to make sure volunteers in the area were involved in the hiring process and on how to structure the position and then move it forward. Mr. Kelley has no problem with the proposal, but still concerned about one go-to location. He wants to know what the Human Services Committee thinks. Selectmen’s Meeting – March 10, 2008 Mr. Blout, Chair of the Human Services Committee, presented the recommendations of the Ad Hoc Advisory Committee and the Human Services Committee, which uses the same dollars as the existing budget. The emphasis would be on a coordinated and integrated Human Services Department. The Director must be qualified to supervise masters’ level interns in social work and counseling psychology. The use of volunteers is key; the Director would be responsible for developing and administrating a robust volunteer program. The Director would need to work closely with the three community boards (COA, YSC and HSC) to identify and respond to needs and to coordinate and maximize use of community resources. The recommendation is to have a Director of Human Services, an Assistant Director of Senior Services, an Assistant Director of Youth and Family Services and an outreach worker. The Selectmen and Town Manager are concerned that the proposed salaries would not be competitive with other communities. Mr. Dugan appealed to the Selectmen to make sure the administrative gaps get plugged and that there is a go-to person. Mrs. McDonald is hoping that the Youth and Family Services person, if located at the School Administrative Offices, could help capture kids in need before the MST program is needed. Mr. Diaz, School Committee, believes the School Committee needs to be included in the process and that there should be no delay in hiring a Youth and Family Services person. There also needs to be coordination with the Superintendent and Town Manager and coordination with the MST Director. The MST cost should be part of the discussions. A majority of the Selectmen support the proposal because they feel it makes some progress in the need for a Youth and Family Services position. Upon motion duly made and seconded, it was voted 4-1 (Burnell) to approve of the proposal for a Youth and Family Services Office, as recommended by the Town Manager. ArtsCycle Parade – ArtSpan and Munroe Center for the Arts Ms. Hammond-Hagman, ArtSpan Director, requested permission to hold an ArtCycle Parade, which is a family inclusive art parade of modified and decorated bicycles, scooters, wheelchairs, strollers – anything and everything non-motorized and on wheels. The parade participants are expected to number between 75 to 100 and they will begin arriving on Saturday, May 17, 2008, at 12:00 noon on the Visitor Center lawn. At 1:00 p.m. the parade will begin to head toward Munroe Center for the Arts. The parade is expected to be over by approximately 3:00 p.m. when they arrive at the field behind Munroe Center for the Arts. Selectmen’s Meeting – March 10, 2008 The Town Manager, Police, Fire and DPW have been contacted and approve the request, contingent on the presence of two or three police details available for the event and that the eastbound lane be used for the parade. It is also requested that ArtSpan contact the DPW regarding the use of the Visitor Center lawn and making sure the grass is not damaged. Upon motion duly made and seconded, it was voted 5-0 to approve the request of ArtSpan to have an ArtCycle Parade on Saturday, May 17, 2008, beginning at the Visitor Center lawn and ending at the Munroe Center for the Arts, contingent on working out the details with Police Sergeant Callahan to have two or three police details for the entire event, using the Eastbound lane of Massachusetts Avenue, and coordinating with David Pinsonneault in DPW regarding the proper area to use on the Visitor Center lawn for the non-motorized vehicles. Town Counsel Reappointment Upon motion duly made and seconded, it was voted 5-0 to reappoint the firm of Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire on March 31, 2009. Appointment – Permanent Building Committee Upon motion duly made and seconded, it was voted 5-0 to appoint William Bruckman to the Permanent Building Committee as the Selectmen’s representative on the DPW facility project. Consent Agenda Permission for Discovery Day Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Retailers to have exclusive use of the Muzzy Street/Waltham Street parking lot on Saturday, May 24, 2008 (rain date May 31, 2008), from 5:00 a.m. to 5:00 p.m. for the annual Discovery Day celebration. The approval includes permission for the following: erect seven temporary signs; park flat bed trailer in Lexington Center; and provide free parking, as presented in the letter from the Lexington Retailers Association dated February 26, 2008. . Local Official Bond – Assistant Town Manager Upon motion duly made and seconded, it was voted to approve a Local Official Bond for Dianne Snell as the new Assistant Town Clerk. One-Day Liquor License – Temple Emunah Upon motion duly made and seconded, it was voted 5-0 to approve the request of Temple Emunah for a one-day liquor license to serve beer and wine for a Casino Night Fundraiser to be held on Saturday, March 29, 2008, from 8:30 p.m. to 11:30 p.m. Selectmen’s Meeting – March 10, 2008 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of February 25, 2008. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of February 25, 2008. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session for the purpose of collective bargaining discussion, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 19, 2008 A meeting of the Board of Selectmen was held on Wednesday, March 19, 2008 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Open Article Report Mr. Valente provided the Selectmen with a report of all open articles with the two Selectmen present. The report consists of capital articles that are still active or ongoing with a balance. This report is traditionally provided to Town Meeting Members. Mr. Valente will provide electronically after the Selectmen have approved. He highlighted the following: 1. New Fire Engine – The company who had the lowest bid and which the order for a new fire engine was placed, has gone bankrupt and cannot commit to a delivery, so the order was cancelled 6 weeks ago and the order was given to the next bidder. Delivery is expected early summer. 2. Center Basketball Courts – The project was bid last fall but costs came in higher than what Town Meeting had approved. Will be asking this Town Meeting for an additional $60,000 and will then re-bid the project. 3. Lincoln Field Methane Mitigation Wall – The Town is awaiting DEP approval of the proposed mitigation system. When receive DEP approval will bid project over the summer and begin work in November, after the soccer season ends. 4. Center Business District Sidewalks – This would be phase 2 of the sidewalk program. The first meeting of the stakeholders is scheduled for next Tuesday. Selectmen requested that the projects that have been completed be closed out and any remaining money be returned to free cash or transferred to capital projects. Also asked that Town Meeting Members be advised that the list will be available soon. State Aid The Governor and House of Representatives are suggesting that the State Aid numbers will be higher than was budgeted by $250,000, but the numbers will not be final until after Town Meeting ends. Mr. Valente recommends that if we get additional state aid it should be used to lower the snow/ice deficit and/or flow to free cash to use in FY2010. Selectmen Meeting - March 19, 2008 The two Selectmen present agreed with the Town Manager’s recommendation. They felt that next year’s state aid is questionable, there may be a reduction in local receipts and revenue, that we funded part of the FY2009 operating budget with non-recurring funds and we will need to be conservative. Mr. Diaz, School Committee, agreed with the Selectmen and Mr. Valente’s recommendations. Fox Morning News Request to Broadcast from Lexington Mr. Valente received a request from Fox 25 news to broadcast its morning show in Lexington for their first “Zip Trip” of the 2008 season on April 25, 2008. Fox would arrive at approximately 3:00 a.m. and broadcast from 5:00 a.m. to 9:00 a.m. If the Selectmen agree the Town Manager will work with Fox to feature Lexington sites, events and businesses. It was suggested to Fox that they might want to get some footage of the Patriot’s Day events to highlight on the Friday show. The suggested locations to broadcast from are the Visitor Center lawn and the Depot Building. The two Selectmen think it is a great idea. Mrs. McKenna, Tourism Committee, feels it is a great idea, but wants to make sure trucks are not allowed on visitor center lawn. The meeting adjourned at 6:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 24, 2008 A regular meeting of the Board of Selectmen was held on Monday, March 24, 2008 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Tourism Committee Amendments Mrs. McKenna, Tourism Committee, is working to resolve staff concerns regarding the Tourism surplus of $2,270 earned in 2007 and the Committee’s desire to capture the money for future year’s use. The Appropriations Committee voted 8-0 to support the Tourism Committee’s plan to put the money in a revolving fund. The Moderator suggested dividing out line items 2300 (reserve fund) and 7300 (economic development) in Article 4, Appropriate FY 2009 Operating Budget, and take up after Article 8, Continue and Approve Departmental Revolving Funds, to allow time to resolve the issues. Mrs. McKenna will have information at Town Meeting that shows what the projected surplus will be for 2008. The Selectmen clarified that they will be unanimous in supporting the motion to divide out line item 2300 and 7300 in Article 4. Selectmen will decide the best way to handle the surplus going forward. Budget It was confirmed that Article 24, Establish and Appropriate to Specified Stabilization Funds, would come up at Town Meeting prior to Article 4, Appropriate FY2009 Operating Budget. The Appropriations Committee will recommend a resolution regarding an analysis of health care benefits. The staff recommendation is that the Selectmen take no position on the resolution because it could be viewed as trying to influence negotiations and would not be bargaining in good faith. There is also likely to be a resolution regarding full-day kindergarten and the impact it would have on the budget. The Selectmen’s position should be that full-day kindergarten is an education policy, which the Selectmen do not have a say in. If Town Meeting decides to divide out the school budget, the Town Moderator suggests there be a brief adjournment so that the School Committee, Appropriation Committee and Selectmen caucus on how to handle the Stabilization Fund piece, which requires a 2/3 vote. Mr. Valente reminded the Selectmen that under the motion for Article 4, Appropriate FY 2009 Operating Budget, the funding sources for two items needs to have a 2/3 vote of town meeting. The items are the $65,000 for the School Bus Transportation Stabilization Fund and the $61,000 for the Transportation Demand Management/Public Transportation Stabilization Revolving Fund. Selectmen’s Meeting – March 24, 2008 The Selectmen will discuss the land purchase articles at the Wednesday, March 26, meeting. Larry Smith and members of the Planning Board will be at the Selectmen’s March 31 meeting to first discuss the citizen articles and then the Planning Board articles. Town Manager Appointments One Selectmen requested that the reappointments to the Historical Commission be tabled until he can resolve an issue. Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Angela Frick and Richard Wolk to the Conservation Commission for three- year terms to expire March 31, 2011. Consent Agenda Commitment of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments of water and sewer charges: Commitment of Water/Sewer Charges for 3/10/08 (Cycle 9) $135,931.80 Commitment of Water/Sewer Charges for 2/1/08 to 2/29/08 (final bill) $9,769.96 Ratify Poll Vote – Oppose Proposed Bill to Fine Individuals for Open Meeting Law Violations Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to send a letter opposing a proposed bill that would fine individuals for open meeting law violations. Ratify Poll Vote – Fox Morning News Request to Broadcast from Lexington Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote for Fox Morning News to broadcast from Lexington on Friday, April 25, 2008 beginning at 3:00 a.m. and leaving at approximately 10:30 a.m. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session for the purpose labor negotiations and litigation, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 6:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 26, 2008 A meeting of the Board of Selectmen was held on Wednesday, March 26, 2008 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Article Positions Mr. Henry, Planning, and Mr. Flamang, Engineering, reviewed the proposed Stormwater Bylaw. Mr. Cohen reminded the Selectmen that if the Stormwater Bylaw is approved at Town Meeting, then the Selectmen will put together the regulations. The Selectmen support the following Articles: Article 30, Amend General Bylaw – Stormwater Article 42, Resolution – Climate Change Article 43, Resolution – Petroleum Supply Impacts The Selectmen took a position on Article 38, Moderator Rulings Subject to Appeal. Four of the Selectmen do not support the article. Mr. Cohen did not take a position. Mr. Valente provided information to the Selectmen on a meeting of all parties regarding the downtown brick sidewalks and the Phase I evaluation. The recommendations/comments included: group was pleased with the installation, but were concerned about maintenance going forward; the Commission on Disability suggests that the Town measure the “smoothness” of new brick sidewalks and make that measurement the Town’s standard going forward; determine what the Town should budget for an annual maintenance fund for new brick sidewalks; and contact Cambridge to learn about their experience with brick sidewalks in Kendall Square. Mr. Burnell stated that the Capital Expenditures Committee is unanimously opposed to Article 15d, Appropriate for Municipal Capital Projects and equipment for CBD Sidewalks, because they do not think Muzzey Street should have brick sidewalks. They feel the money would be better spent elsewhere for sidewalks. A majority of the Board of Selectmen is strongly committed to brick sidewalks in the center and for the structural soil areas for trees. This issue will need to be discussed further at a future meeting. Selectmen’s Meeting – March 26, 2008 Budget Mr. Valente is proposing that the unused borrowing authority for two old articles be rescinded: Article 30B – White House Design and Plan (2005) – unused amount $154,000 Article 32C – Traffic Signal Improvement (2005) – unused amount $25,000 Upon motion duly made and seconded, it was voted 5-0 to recommend rescinding the unused borrowing authorizations voted under Article 30B, White House Design and Plan in the amount of $154,000 and Article 32C, Traffic Signal Improvement in the amount of $25,000, both from the 2005 Annual Town Meeting and to send this recommendation to the Appropriations Committee and Capital Expenditures Committee for review. Keno to Go The Massachusetts State Lottery Commission is proposing a new venture - selling Keno tickets at all existing lottery agents. Players would be able to take tickets home and check their numbers on their computer. The Selectmen have no opposition. Use of Bikeway – Tenth Regiment of Foot The Police Department and the Lexington Bicycle Advisory Committee (LBAC) reviewed the request and see no issues. The LBAC suggested that they take care at the crossings: the crossing lights at Hartwell Avenue and Bedford Street will stop traffic for them, but they should make sure cars see them and stop before proceeding to cross Revere Street and Hancock Street. They should be reminded of the importance of heeding their promise to stay to the right, walking only single or double file, and not blocking the trail. Upon motion duly made and seconded, it was voted 5-0 to approve the request of His Majesty’s Tenth Regiment of Foot to march on the Minuteman Pike Path on Sunday, March 30, 2008, beginning at 11:00 a.m. from the crossing at Hartwell Avenue to the Depot in Lexington Center, ending at 12:00 noon, following the suggestions of the Bicycle Advisory Committee. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session for the purpose of a litigation issue, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 7:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 31, 2008 A regular meeting of the Board of Selectmen was held on Monday, March 31, 2008 at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Also present Planning Board members: Mr. Hornig, Chairman; Ms. Manz; Mr. Galaitsis; Mr. Canale and Mr. Zurlo; Maryann McCall-Taylor, Planning Director; and Mr. Henry, Senior Planner. Article Positions The Planning Board was at the meeting to answer questions on: Article 49, Amend Zoning By-Law, Special Permit Residential Development This article would simplify and clarify regulations concerning all residential developments, while still retaining the Planning Board’s oversight under a special permit with site plan review. It will amend the parts of the Zoning By-law regulating developments commonly known as Cluster Subdivisions and Special Residential Developments. The Planning Board supports this article 3-0 (Mr. Canale recused himself and Mr. Galaitsis was not at meeting when the vote was taken). Article 50, Amend Zoning By-Law, Height of Buildings and Structures This article seeks to address the concerns raised by abutting property owners to new residential development projects, including teardowns, conventional and cluster subdivisions, regarding the height of these new structures. Mr. Kelley questioned how many old homes would become non-conforming and problems would arise when trying to sell or expand. He was also concerned about homeowners wanting to expand a third floor because it is an economical way to expand; going lateral increases the cost and the efficiency. Mr. Hornig stated that there are currently many homes that are non-confirming. The 35 feet versus 40 feet limit is about setting a limit for what is permitted and also what the community wants. The Planning Board supports this article 5-0. Article 51, Associate Planning Board Member State law provides that zoning ordinances or by-laws may provide for associate members of a planning board when a planning board has been designated as a special permit granting authority. Selectmen’s Meeting – March 31, 2008 The Planning Board supports this article 5-0. Mr. Larry Smith, Cranberry Hill Associates, presented and answered questions on the following citizen articles: Article 53, Amend Zoning By-Law – CM District Floor Area Ratio This article would change the maximum Floor Area Ratio (FAR) in the CM district from .15 to .35. Mr. Smith believes there are numerous functionally obsolete buildings along Hartwell Avenue and the proposed increase in FAR would increase the total development on Hartwell Avenue by 607,000 square feet and add $2.3 million in tax revenue. Currently the FAR is prohibiting expansion on Hartwell Avenue The Planning Board unanimously disapproves of the article. They are waiting for a report from the Economic Development Task Force and hope to present zoning articles on this subject to the 2009 Town Meeting. They are also concerned about traffic issues and for pedestrians, bikers and public transportation people; the current conditions are unsafe. Mr. Thuma, 149 Wood Street, is concerned that the article does not address green issues or traffic and urges the Selectmen not to support. Article 54, Amend Zoning By-Law – Mixed Uses in CM District This article would allow mixed uses in the CM district. Mr. Smith feels this would bring some small shops (sub shop, dry cleaners, etc.) to the CM district that would be appealing to the current businesses. The Planning Board voted 4-1 to recommend disapproving this article. They are concerned it may affect the retail business in the center and that it might allow strip malls and feel the article needs to be reviewed further to make sure all issues have been addressed. Article 55, Amend Zoning By-Law – CRO District Floor Area Ratio This article would allow light manufacturing as an accessory use in the CRO district. Mr. Smith has seen major tenants go elsewhere because manufacturing currently is not allowed. He also feels it should not be necessary to get a special permit. The Planning Board would support this article if it required a special permit for the manufacturing and plans to amend the motion to require a special permit. Article 56, Amend Zoning By-Law, Traffic By-Law This article would modify the existing language of the Traffic By-Law to allow a Special Permit Granting Authority or the Building Commissioner to grant permits if they determine that traffic capacity is adequate. Selectmen’s Meeting – March 31, 2008 The Planning Board voted 3-2 to disapprove this article. They see no real net effect to the changes and do not know of any Special Permit that has been denied. The proposed changes do not adequately address traffic problems. The Planning Board’s intent is to bring forward articles regarding Traffic Mitigation to the 2009 Annual Town Meeting. Mr. Thuma is concerned any action by Town Meeting that would remove traffic as an absolute measure could be interpreted by the development community and potentially by the courts as taking away from the Special Permit Granting Authority the ability to use traffic as a major factor in considering proposed developments. Ms. Dratch, Traffic Mitigation Group (TMG), read a statement of the TMG that an integrated approach to traffic management must be part of any zoning changes. Ms. Dratch, Transportation Advisory Committee (TAC), read a statement of TAC that the proposals in the new zoning articles are missing any reference TDM concepts as spelled out in the Planning Board TDM policies. Therefore TAC cannot support Articles 53-60. They strongly urge the Planning Board to work with the TMG to integrate and include these policies into zoning bylaws. Mr. Smith will return to discuss Article 58, Amend Zoning By-Law – Transition Areas and Setbacks, and Article 59, Amend Zoning By-Law – Parking and Bicycle Facility Standards for Office Use. Articles 57, Amend Zoning By-Law – Development Standards, and Article 60, Amend Zoning By-Law – Parking Standards for Retail Sales, have been withdrawn and will be indefinitely postponed. The Planning Board adjourned to Room G-1. Budget In order to set up a new revolving fund at Town Meeting for the Tourism/Liberty Ride, the Selectmen have to approve. If approved there will be three amendments to Article 4 recommended by Mrs. McKenna. Mrs. McKenna, requested that the Selectmen recommend that a Revolving Fund be established for the Tourism Liberty Ride for FY2009 to capture profits from FY2007 and FY2008 The Tourism/Revolving Fund will have $125,630 authorized for FY2009. There will be $17,500 in the budget available to use for startup costs. The agreement is that $17,500 will be repaid for operations after deducting $2,274 from 2007 surplus and what is earned in 2008 to repay the Town. Upon motion duly made and seconded, it was voted to recommend to Town Meeting that a Revolving Fund be established for the Tourism/Liberty Ride beginning for FY2009. Selectmen’s Meeting – March 31, 2008 Reserve Fund Transfer Upon motion duly made and seconded, it was voted to approve the request for a transfer from the reserve fund to the HR Legal Services Account in the amount of $40,000 for labor counsel. Consent Agenda Use of the Battle Green/Parade – Patriots’ Day Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Town Celebrations Committee for the Patriots’ Day morning parade, Battle Green Ceremonies from 8:15 a.m. to approximately 9:15 a.m. and the afternoon parade, as outlined in a letter from the Town Celebrations Committee dated March 25, 2008 and contingent on coordination with the Lexington Minute Men and the Town. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of March 10, 2008, March 19, 2008 and March 24, 2008. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of March 10, 2008 and March 24, 2008. Upon motion duly made and seconded, it was voted to adjourn at 7:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk