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HomeMy WebLinkAbout2008-04-BOS-min Selectmen’s Meeting April 2, 2008 A meeting of the Board of Selectmen was held on Wednesday, April 2, 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. 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 58, Amend Zoning By-Law, Transition Areas and Setbacks Mr. Smith, Cranberry Hill Associates, and Mr. Smith, a member of the Board of Directors at the Chamber of Commerce, presented Article 58, Amend Zoning By-Law, Transition Areas and Setbacks. The article would modify the “Street Line” setback from 50 feet to 25 feet in the CM district and the “minimum front yard in feet” from 100 feet or 75 feet to 50 feet, which would allow for 4 lanes of traffic, bike lane, transit areas, and walkways. The Planning Board wants to put off until an over-all plan has been put together that looks at safety issues and mobility issues. They hope to bring issue back to the next town meeting. Mrs. Krieger mentioned the possibility of Hanscom bringing on a new air force wing in the Fall of 2008 that would bring 500 additional jobs, pending a BRAC decision. This issue should be part of the discussions. Article 59, Amend Zoning By-Law, Parking and Bicycle Facility Standards This article proposes reducing the number of required parking spaces for office use from four per 1,000 square feet to a minimum of three. There would be preferential spaces for carpool, vanpool and bicycle use. Mr. Smith, Cranberry Hill Associates noted this would allow for the reduction of impervious surface. He stated that the average in surrounding towns is three spaces per 1,000. Mr. Thuma, Wood Street, would like to see all of Mr. Smith’s articles looked at comprehensively and thought out more. Mr. Smith stated the purpose of the articles is to give developers some incentives for improving Hartwell Avenue. The Planning Board supports this article. They still plan to review the parking section of the by- law over the next year. Selectmen’s Meeting – April 2, 2008 The Selectmen feel that even if Mr. Smith’s articles do not pass Town Meeting the discussions will help people begin to focus and think about what they want and how the Town can achieve it. Mr. Smith has done a lot of groundwork, which appears to be on the right track. The Selectmen took positions on the following articles: Article 49, Amend Zoning By-Law, Special Permit Residential Development The Selectmen support this article 3-0-1 (Burnell abstained, Kelley waiting). A majority of the Selectmen believe it is a step in the right direction. Mr. Burnell is dissatisfied with the way the current bylaw has been applied and has more questions he needs answered. Mr. Kelley supports the bylaw, but the process is problematic. Mr. Galaitsis will have a minority report at Town Meeting Article 50, Amend Zoning By-Law, Height of Buildings and Structures The Selectmen support Part A of this article 4-1 (Kelley). Mrs. Krieger, Mr. Cohen and Mr. Manz also support Parts B and C, which simplify the existing by-law’s definition of the height of buildings. A majority of the Selectmen believe the new houses being built are too large for the lots. This article will help to bring the houses back in dimension with the lot size. Article 51, Associate Planning Board Member The Selectmen support this article 5-0. Article 52, Amend Zoning By-Law, CRS Zone 303, 311-325 Woburn Street, 400 Lowell Street The Selectmen asked if there are any limitations on CD zoning based on the size of this property. There is no legal limitation on size; but there is a practical limitation given overhead costs and paperwork for a CD is much higher. Also, on smaller lots there is the possibility that the Attorney General will over turn a vote as spot zoning. The Selectmen will take a position after hearing a presentation at their meeting on April 7. The Planning Board supports this article 3-2 and believes it will improve the current situation by improving the location, reducing curb cuts and improving the traffic pattern. Mrs. McKenna supports the article but feels there should be a Transportation Demand Management contribution requirement. She has spoken to Mr. Farrington who will discuss with the owners of Countryside to see if they would consider a contribution and hopes the Selectmen will ask Mr. Farrington that question. At next year’s Town Meeting she intends to bring forth a By-law change that would mandate that every rezoning proposal include one component of TDM requesting a contribution to public transportation system in perpetuity and tied to inflation. Mr. Manz wants to make sure that there is a legal opinion on Mrs. McKenna’s suggested by-law change. Selectmen’s Meeting - April 2, 2008 Article 53, Amend Zoning By-Law, CM District Floor Area Ratio The Selectmen do not support this article 3-1 (Burnell supports; Manz waiting). Mrs. Krieger wants to see an integrated approach to rezoning that is sustainable and has a strong traffic mitigation program that would reduce the number of vehicles trips. Also need to look beyond Lexington to Route 128, which is currently over capacity. In order to reduce the number of vehicle trips incentives need to be offered like density and expedited permitting. This applies to Articles 53 to 59. Mr. Manz is holding off, but wants people to keep in mind that most of the buildings are over the current FAR and he does not think that the Planning Board will be able to arrive at a plan in just one year; he also has traffic concerns. Mr. Burnell supports this article as a starting point; then the Planning Board can bring back in a more acceptable format to review and tie up the loose ends at next year’s Town Meeting. Mr. Cohen and Mr. Kelley do not support the article and hope the Planning Board can bring back next year. Article 54, Amend Zoning By-Law, Mixed Uses in CM District The Selectmen do not support this article 5-0. They want to see the Planning Board come back next year with an article that addresses the subject. Article 55, Amend Zoning By-Law, CRO District Floor Area Ratio The Selectmen support this article 5-0. The Planning Board plans to suggest an amendment that would require a Special Permit for light manufacturing. The Selectmen would not support the Planning Board’s amendment to require a special permit. Article 56, Amend Zoning-Bylaw, Traffic By-Law The Selectmen do not support this article 5-0. This article needs integration into the whole Traffic Mitigation issues. Article 58, Amend Zoning By-Law, Transition Areas and Setbacks The Selectmen were split on this article (Krieger and Cohen – no; Manz and Burnell – yes; Kelley waiting). This article needs to be integrated as part of the Planning Board’s plan for future years. Article 59, Amend Zoning By-Law, Parking and Bicycle Facility Standards for Official Use The Selectmen support this article 5-0. Article 57, Amend Zoning By-Law, Development Standards, and Article 60, Amend Zoning By- Laws, Parking Standards for Retail Sales, will be indefinitely postponed. The Planning Board adjourned to Room G-1. Selectmen’s Meeting – April 2, 2008 Budget Mr. Valente provided the Selectmen some options for funding the $24,000 Street Tree appropriation: 1. reduce funding for OPEB benefits; 2. reduce funding for Stabilization Fund; 3. reduce Appropriation Committee Reserve Fund; 4. reduce DPW Cemetery Grounds budget; 5. use surplus funds from FY2008 School Budget; 6. reduce the FY2009 Liability Insurance Budget; 7. increase the Tree Removal Bylaw fee to $15; and 8. use unallocated funds to be provided by Shire. The Selectmen agreed that reducing the FY2009 liability insurance budget or a combination of the liability insurance and reducing the DPW cemetery grounds budget were the options the Town Manager should use to bring back a recommendation after speaking to the Appropriation Committee, Capital Expenditures Committee and the School Committee. Town Manager Appointment – Conservation Commission Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of David Langseth to the Conservation Commission for a three-year term to expire on March 31, 2011. Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following adjustment of water and sewer charges: Adjustments of Water and Sewer Charges for 2/1/08 to 2/29/08 -$2,485.86 Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive to discuss collective bargaining issues, with no intent to return to open session. 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 April 7, 2008 A regular meeting of the Board of Selectmen was held on Monday, April 7, 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. Also Present: Planning Board members: Mr. Hornig, Chairman; Ms. Manz; Mr. Galaitsis; Mr. Canale; Maryann McCall-Taylor, Planning Director; and Mr. Henry, Senior Planner. Appointment – Energy Conservation Committee Upon motion duly made and seconded, it was voted 4-0 to appoint Thomas V. Griffiths to the Energy Conservation Committee. Consent Agenda Use of the Battle Green/Parade Upon motion duly made and seconded, it was voted 4-0 to approve the request of the William Diamond Jr. Fife & Drum Corps to use the Battle Green and then parade at approximately 11:00 a.m. on Mass. Avenue to Worthen Road to Hayden grounds on Saturday, May 3, 2008, for the Lexington Muster Day. Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of March 26, 2008 and March 31, 2008. Executive Session Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the executive session minutes of March 26, 2008 and April 2, 2008. Mr. Cohen arrived. Mr. Burnell announced that he has been appointed to the National Security Forum at Montgomery Air Force Base and in May he and will be attending the Forum on behalf of Lexington and other surrounding communities. Article Positions/Assignments Mr. Farrington, representing the owners of the Countryside Plaza, presented information on Article 52, Amend Zoning By-Law, CRS Zone 303, 311-325 Woburn Street, 400 Lowell Street. This article proposes to rezone two pieces of property from RO to CRS: 1) 303 Woburn Street is in the RO zone; and 2) a piece of the existing Countryside Plaza that is zoned RO. This could allow a maximum 2,700 square foot expansion of the Countryside Plaza. The owners plan to provide a site plan to the Board of Appeals and ask the Design Advisory Committee to review. Selectmen’s Meeting – April 7, 2008 They also plan to reduce the curb cuts, improve traffic flow, and add landscape buffering. The owners have agreed to not stack snow on the sidewalks and will make the sidewalks passable by having them better defined. The Planning Board supports this article 3-2. It is an opportunity to improve the intersection, make the sidewalks safer and a 20-foot buffer zone would be required. It would also increase tax revenue to the Town. Mr. Weiss, Precinct 5, opposes the article. The owners have not done anything to improve the area in the 20 years they have owned the property. There is no enforcement and it would increase the safety concerns at the corner of Lowell and Woburn Streets. The project would also take away an affordable home. Ms. Crocker, Currier Court, is concerned with pedestrian safety for seniors and children because of the close proximity to the Old Harrington School and the new Harrington School. The neighbors believe the volume of traffic will increase and they want to see traffic calming measures. There is no concrete development plan and this project would encourage future sprawl. Mr. Barkley, 295 Woburn Street, says all promises have been broken. The dumpsters are emptied at 7:00 a.m. This project would affect the abutting elderly housing. Ms. Janburiwong, 290 Woburn Street, has gathered 100 signatures to bring to Town Meeting saying “please vote no” on Article 52. It is important to make the sidewalks safe for children to walk or bike to school. The Selectmen support this article 3-1 (Kelley opposed, Burnell no position at this time). Approval of the article will improve the sidewalks and safety of the area and the owners will have to comply with the process that is currently in place. Mr. Kelley believes this is the wrong approach and that it should be a CD rezoning and will provide a minority report at Town Meeting. Center Business District Sidewalks When the Selectmen have a discussion they need to make a recommendation on two items: ?? going forward with Phase 2 of the sidewalk program, voted last year, which is the sidewalk from the Library to Michelson’s; and ?? financing the third phase (Article 15d), which is a sidewalk on Muzzey Street from Mass. Avenue to the parking lot. The Selectmen did not have enough time to discuss the sidewalk issues. It will be discussed at the April 9 meeting. Selectmen’s Meeting – April 7, 2008 Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session to discuss a litigation issue, with no intent to return to open session. 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 Selectmen’s Meeting April 9, 2008 A meeting of the Board of Selectmen was held on Wednesday, April 9, 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. CBD Sidewalks The Selectmen reviewed the recommendations/comments of the meeting regarding the Phase I evaluation of the brick sidewalks: 1. pleased with the installation but concerned about the level of maintenance necessary going forward; 2. Commission on Disability strongly suggested that “smoothness” of the new brick sidewalk be measured and used as a standard going forward; 3. determine what the Town should budget for an annual maintenance fund; and 4. contact Cambridge regarding their experience with brick sidewalks. Mr. Hadley, Director of the DPW, spoke to the Commissioner of Public Works in Cambridge and was told the wire cut brick with proper installation is better for maintenance. Wellesley crosswalks are brick with a border, which costs $10,000 to reseal 20 crosswalks yearly. Brookline uses concrete rather than brick. Ms. Cusack, Commission on Disability, spent some time with Garry Rhodes, Building Commissioner, using an electric level and checking the new sidewalk, Depot Square, and the area near Starbucks and found that everything is in much better shape than expected. The Commission on Disability is preparing a response to Article 15. The Selectmen believe that the Department of Public Works and the Building Commissioner will be able to put together a maintenance program. Mr. Levine, Appropriation Committee Chair, stated that the Appropriation Committee has voted to recommend to Town Meeting that Phase 3 of the sidewalk project (Article 15D), be postponed at least a year. Should look to see if sidewalks can be done less expensively and do not do sidewalks until they need to be done. Mr. Kanter, Capital Expenditures Committee, says the Committee is against funding Phase 3 of the sidewalk programs. They believe the estimate of costs is insufficient. Mr. Smith, Co-Chair of the Lexington Center Committee (LCC), stated that the LCC has been working for years on connectivity in Lexington Center, which includes trying to connect all parking lots together with sidewalks. The LCC is supportive of finishing Phase 2 and Phase 3 of the sidewalk plan. Selectmen’s Meeting – April 9, 2008 Mr. Valente has spoken to Engineering and believes the $213,000 estimate for Phase 2, which includes $25,000 for contingency, can be covered by the already approved $175,000 and if necessary additional funds using existing balances in other appropriate accounts. He does not think a supplemental appropriation is necessary. Mr. Pagett, Precinct 6, does not think the Selectmen should reconsider the use of brick for sidewalks in the center because it was previously decided that if Phase 1 was acceptable the Town would continue with Phase 2. All Selectmen agreed that work on Phase 2 of the sidewalk program should move forward after they receive the Commission on Disability report. The Selectmen committed that the Building Commissioner would work with the Department of Public Works to put together and present a sidewalk maintenance program that would be effective for proper maintenance. Article Positions Mr. Burnell supports Article 52, Amend Zoning By-Law, CRS Zone 3003, 311-325 Woburn Street, 400 Lowell Street. Conservation Restriction – 22 Butterfield Road The Board of Selectmen and Conservation Commission had recently accepted and signed this Conservation Restriction in August 2007. However, the Conservation Restriction had not been recorded at the Registry of Deeds prior to the change in property ownership and as a result the Conservation Restriction had to be revised and signed by the new owners. Upon motion duly made and seconded, it was voted to approve the request of the Conservation Commission for a Conservation Restriction placed over a portion of 22 Butterfield Road (Lot 8, Pheasant Brook Estates II, Assessor’s Map 38, Lot 138). 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 Selectmen’s Meeting April 14, 2008 A regular meeting of the Board of Selectmen was held on Monday, April 14, 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. Grants of Location Dan Fitzgibbon, Nstar, and Maureen Carroll, Verizon, were available to answer any questions. Nstar – Install Conduit on Shade Street Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Nstar Electric to construct, and a location for, a line of conduits and manholes with the necessary wires and cables therein to be located under the surface of Shade Street westerly at pole 87/15 opposite Journey’s End Lane, a distance of about 17+ feet of conduit and northwesterly at pole 87/16 opposite Journey’s End Lane a distance of about 28+ feet of conduit. Verizon – Install Conduit on Shade Street Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Shade Street from proposed Verizon pole 87/16, on the westerly side of Shade Street, place conduit in a westerly direction, a distance of 7 feet (+) into a new subdivision to be named Journey’s End. Verizon – New Pole on Shade Street Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon New England, Inc. and Nstar Electric Company for permission to locate and/or relocate a line of wires, cables, poles and other such sustaining and protecting fixtures to be owned and used by the petitioner, along the following public way: on the westerly side of Shade Street, place a new pole at a point 60 feet (+) southerly of pole 87/15. Article Positions CBD Sidewalks Ms. Cusack, member of the Commission on Disability, read the report of the Commission on Phase 1 of the center sidewalk project. The Commission supports Phase 1 and 2 with the following recommendations: 1. that cross slopes be brought into compliance if and while the project is under warranty; 2. that if no warranty on Phase 1, the Commission will plan to take new measurements to get better sense of the condition over time. If further degradation, they will recommend bringing back to compliance; Selectmen-s Meeting – April 14, 2008 3. that base line data be collected on Phase 2 at the beginning of the project and subsequent checks be taken every six months to monitor the Architectural Access Board (AAB); 4. that the tree wells be routinely maintained and filled with mulch to the level of the sidewalks to minimize tripping hazards; and 5. that a formal maintenance line item in the Town’s Annual Budget for sidewalks to help ensure compliance with the AAB regulations. The Selectmen agree that there has to be a formal maintenance program. Upon motion duly made and seconded, it was voted to consider the recommendations of the Commission on Disability and recommend going forward with Phase 2 of the sidewalk project. The Selectmen discussed Phase 3 of the sidewalk project. Mr. Kelley was not prepared to support Phase 3 until the Town goes through another winter to see how successful the sidewalk material is and he also thinks the North side of Mass. Avenue should be done before Muzzey Street. He also would like to bury the wires on Muzzey Street before the sidewalk is redone. Mr. Valente described the lengthy and costly process to bury wires. There is also a surcharge put on utility bills and the cost of connecting homes/businesses is the responsibility of owner. A majority of the Selectmen support Article 15d, Appropriate for Municipal Capital Projects and Equipment, CBD Sidewalks. They feel it is an appropriate project and that Muzzey Street is an important part of the center that needs to have the brick sidewalk, Transportation Advisory Committee Report Ms. Arnold, Co-Chair of the Transportation Advisory Committee (TAC), summarized a report for Town Meeting regarding Articles 53-60. The TAC does not support these articles because they do not make any commitment to the Transportation Demand management (TDM) policies that were crafted 10 years ago. TAC is committed to working with the Planning Board and the Traffic Mitigation Group to develop comprehensive zoning by-laws that support transportation alternatives and good traffic demand management policies. Resignation/Appointments Tree Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Markus Pinney from the Tree Committee, effective immediately. Upon motion duly made and seconded, it was voted 5-0 to appoint Jewel Kuljian to the Tree Committee to fill the unexpired term of Markus Pinney until September 30, 2010. Selectmen-s Meeting – April 14, 2008 Energy Conservation Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Pat Goddard to the Energy Conservation Committee, representing Public Facilities. Town Manager Committee Appointments Youth Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Beverly Kelley and Sean Maloney to the Youth Commission for a 3-year term to expire April 30, 2011. Board of Health Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Wendy Heiger-Bernays to the Board of Health for a 3-year term to expire April 30, 2011. Historical Commission Upon motion duly made and seconded, it was voted 4-0-1 (Kelley abstained) to approve the Town Manager’s reappointment of Sarah Zimmerman, David Kelland and Frank Kern to the Historical Commission for a term to expire April 30, 2011. Resolution in Support of Superintendent Ash Upon motion duly made and seconded, it was voted 5-0 to approve reading the following resolution at Town Meeting tonight: ”Dr. Ash recently announced that the Lexington Public Schools would pilot a new diversity curriculum. At the end of last week, an extremist Web-radio show host in New Jersey encouraged people to use threats and violence against Dr. Ash. The talk show host also published Dr. Ash’s address and photo on his website. “As the elected leadership of this community we deplore threats of intimidation and bodily harm directed towards citizens in the course of doing their jobs. Moreover, we respect the right of the School Committee and the School Administration to establish policy and curriculum and we support their academic decisions.” Consent Agenda Arbor Day Proclamation Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation to proclaim April 25, 2008 as Arbor Day in the Town of Lexington and to urge all citizens to support efforts to protect our trees and woodlands and to support our town’s urban forestry program. Selectmen-s Meeting – April 14, 2008 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of April 2, 2008, April 7, 2008 and April 9, 2008. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of April 7, 2008. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call vote to go into executive session to discuss a collective bargaining issue, with no intent to return to open session. 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 April 16, 2008 A meeting of the Board of Selectmen was held on Wednesday, April 16, 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. The Selectmen praised the DPW for all their hard work in making Lexington look marvelous as we finally see signs of spring. Review Draft of Water/Sewer Charges Abatement Application Loren Wood, Chair of the Water/Sewer Abatement Board presented to the Selectmen the abatement application form and process that the committee developed, with the help of staff and Mr. Addelson. Mr. Addelson, Assistant Manager of Finance, plans to include an informational stuffer in each of the next three water/sewer bills. The Selectmen support the application and process and also including information in upcoming water/sewer bill mailings. Article Positions The Selectmen revisited their position on Article 58, Amend Zoning By-Law, Transition Areas and Setbacks. The Selectmen do not support the article (3-2, Manz and Burnell support). Tree Bylaw Fees The Selectmen discussed the need to set the application fee for removal of protected trees. Mr. Kelley would like to put the decision off in order to review the information and get input from David Pinsonneault, Supervisor of Public Grounds. Majority of the Selectmen felt the fee should be set since the bylaw that was passed set a minimum fee of $5.00, but agreed it would be a good idea to have Mr. Pinsonneault come to a future meeting to let the Selectmen know how the process is working. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to set the tree application fee specified in Section 120-8 B.(1) of Chapter 120 of the Code of the Town of Lexington at $10.00. Selectmen’s Meeting – April 16, 2008 Consent Agenda One-Day Liquor License – Historical Society Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Historical Society for a one-day liquor license for the Society’s annual spring dinner fundraiser on Tuesday, May 13, 2008, from 6:30 p.m. to 9:00 p.m. Approve Town Manager Vacation Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s request to take vacation from July 11 to July 25, 2008. Approve and Sign 2008 Minuteman Cane Award Upon motion duly made and seconded, it was voted 5-0 to approve and sign the 2008 Minuteman Cane Award. Executive Session Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session for a discussion of land acquisitions, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 28, 2008 A regular meeting of the Board of Selectmen was held on Monday, April 28, 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. Mrs. Krieger thanked the Town Celebrations Committee and the DPW for all their planning and hard work for the wonderful, successful Patriots’ Day celebration. Mr. Manz followed up by mentioning that last Friday, April 25, Fox 25 Morning News Zip Trip was in Lexington. All of the events (video and pictures) can be seen on the Fox25 web site, which can be linked to the Town web page. Article 48, Munroe School Disposition, Discussion Mr. Kelley reviewed the draft RFP and feels it is almost ready for public review. Mr. Cohen, Mr. Valente and Jim McLaughlin, Purchasing Agent are also reviewing the draft RFP. The Selectmen addressed the following policy issues: ?? Term of land lease and options for renewal. Recommend a 20-year minimum land lease with an option to renew every 10 years after that. ?? Requirement for a payment in lieu of taxes. Recommend starting Pilot in 2013 at $5,000 and increasing the amount annually each year by 2-1/2%. Mr. Burnell felt there should be some guidelines to follow for all PILOTS, rather than each individually. Majority of Selectmen feel it is a good starting point and can always negotiate change. ?? Who will be responsible for maintaining the site. The town currently maintains the ball field/playground and will continue to do so. The owner will maintain the areas immediately around the building – grass and plantings. The owner will be responsible for snow plowing. The parking lot needs to be completely reconstructed and should be part of the negotiations. ?? Any minimum bid requirements for the building. Selectmen felt there should be no minimum, but that it should be a function of the programs offered and the ability of the owner to maintain the building. Maintenance must be priority. Mr. Kanter, a member of the Capital Expenditures Committee, reminded the Selectmen of his letter dated March 10, 2008 regarding realizing a fair market value for Munroe. ?? Town’s repurchase option for the building. Town should have right of first refusal and make sure the added value is basis for any buy-back option. The lease will state that the owner must comply with the current zoning regulations, which do not allow for-profit entities in the zone. Selectmen’s Meeting – April 28, 2008 The Selectmen agreed that the proposed motion should come before Town Meeting for a vote. The Selectmen should provide to Town Meeting a summary page with eight to twelve key points and also make the draft documents available on the Town Web page. The request for CPA funds for the fire suppression should also go forward. Mr. Valente reminded the Selectmen that the town can do up to a 10 year lease under statute without any Town Meeting action. Also, if the Attorney General approves Article 33, Amend General By-law, Terms for Certain Contracts, that was approved by Town Meeting, a lease could be done for up to 20 years. Update of the Clarke School HVAC Project Bids Mr. Valente explained that the bids came in $370,000 over the appropriation. It is recommended that the project go forward because the heating system is failing. The recommendation is to use the following previously appropriated funds: ?? $250,000 that was appropriated for insulation at 3 elementary schools. Further engineering studies showed the proposed insulation would not be successful in providing energy savings; ?? balances left from the steam trap replacement project and the lockers project, both at Hastings school which came in under budget. Pat Goddard was presenting this recommendation to the School Committee and Capital Expenditures Committee (CEC) tonight also. David Kanter, member of CEC, felt the recommendation was a reasonable and appropriate way to move forward with the project Article 27, Amend FY2008 Operating Budget Mr. Valente requested the following items be included in Article 27, Amend FY2008 Operating Budget: ?? $9,000 additional for Labor Counsel and Classification Study; ?? $750 additional for Battle Green Guides (from Free Cash); ?? $388,000 additional to fund part of snow and ice deficit; ?? $5,000 additional for Police gasoline; ?? $10,000 additional for insurance study (prefunding); ?? $23,315 additional for a Defibrillator (prefunding); ?? $32,500 additional for Community Development Expenses for miscellaneous transfers; and ?? $200,000 reduction from unemployment to transfer to snow and ice budget; ?? $113,000 reduction from temporary borrowing to transfer to snow and ice budget; ?? $47,315 reduction from Health Insurance to fund labor counsel, classification study, insurance study, police gasoline, defibrillator and snow and ice deficit; Selectmen’s Meeting – April 28, 2008 ?? $32,500 reduction from Community Development Personnel Services for miscellaneous transfers; and ?? $75,000 reduction from MIS Personal Services for snow and ice budget. Consent Agenda Ratify Poll Vote – Franklin School Support Letter Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to sign and send a letter of support for the Franklin School State Historic Credit Application. Proclamation – Nancy Barter Day Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation proclaiming Thursday, May 8, 2008 as Nancy Barter Day for her many years as a member and Chair of the Youth Commission. Lower Battle Green Flag – Prior Fire Chief John McDonough Upon motion duly made and seconded, it was voted 5-0 to lower the Battle Green Flag on Thursday, May 1, 2008, for the funeral of John McDonough. Use of the Battle Green – National Day of Prayer Upon motion duly made and seconded, it was voted 5-0 to approve the request of the St. Paul Evangelical Church to use the Battle Green for National Day of Prayer on Thursday, May 1, 2008 from 11:30 a.m. to 1:15 p.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 of land negotiations discussion, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 30, 2008 A meeting of the Board of Selectmen was held on Wednesday, April 30, 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. Weekend Events The Selectmen mentioned several fun activities going on this coming weekend: “Lexington Muster Day” on Friday and Saturday showcasing 40 fife & drum corps; Annual Little League Parade on Saturday to kickoff the 2008 season; and counting of bicycles on the bikeway on Saturday. Update on Old Reservoir Stormwater Project Mr. Valente reviewed the status of the study completed recently on the Old Reservoir. The study was undertaken at the recommendation of the Board of Health who asked that more extensive water quality testing be done. The study revealed water quality is good except following heavy rain events. Runoff from the storm drains adjacent to the Old Reservoir cause increased bacteria counts for next 1 to 2 days. Recreation and DPW recommend that the consulting engineer who conducted the study be engaged to design a solution and also apply for a state grant available for storm water purposes. Because the water quality issues are related to the storm water system, it is recommended that the next engineering phase come out of the Storm Water Capital Account rather than Recreation Enterprise Fund. The design would be for the three storm drains on the Marrett Road side, and the proposed system would likely go into a holding basin where the bacteria could die off before the water can go back into the Old Reservoir. Mr. Valente will check with DPW to see if the work could be done in-house. Human Rights Committee Charge and Membership Two changes were made to the Human Rights Committee charge: increase membership to 11 and remove language regarding being a resident of Lexington. Upon motion duly made and seconded, it was voted 5-0 to adopt the Lexington Human Rights Committee Charge. Selectmen’s Meeting – April 30, 2008 Upon motion duly made and seconded, it was voted 5-0 to appoint the following members for the following staggered terms: Richard Capron 2-year term Puran Dang 3-year term Fuang-Ying Huang 1-year term William Hurley 2-year term Deborah Jackson 3-year term Humaira Kirmani 1-year term Leona Martin 3-year term Joseph O’Leary, Police 2-year term Janet Perry 1-year term Linda Vine, Senior Staff 2-year term Albert Zabin 3-year term Upon motion duly made and seconded, it was voted 5-0 to designate the members of the Lexington Human Rights Committee as Special Municipal Employees. Upon motion duly made and seconded, it was voted 5-0 to dissolve the Selectmen’s Ad Hoc Human Rights Organizing Committee. Limousine License Renewals Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two (2) Limousine License to Fusco Enterprise, LLC, 88 Reed Street, pending inspection approval of the vehicles by the Police Department. Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two (2) Limousine Licenses to Boyadjian Limousine Service, 44 Lowell Street. Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue 1 Limousine License to Kip Farris, 158 Maple Street, pending inspection approval of the vehicle by the Police Department. Town Manager Performance Review – March 2007 to March 2008 Carl has become more comfortable with Lexington’s ‘culture’ and this has made him even more effective. He has won the respect of the community; has developed a professional staff and a strong working relationship with the School administration. He has strived to maintain Lexington’s strong financial position, while continuing to deliver a balanced set of municipal services and programs. The Board is exceedingly impressed with Carl’s management of the Town. Selectmen’s Meeting – April 30, 2008 Finances ?? Submitted FY09 budget in a timely manner. Worked effectively with his senior management team to thoroughly understand the needs of all departments before making final recommendations. ?? Keeps up to date on municipal finance matters affecting all communities and makes good use of this understanding. ?? Introduced a sound policy of allocating all available revenue by earmarking funds to reserve accounts and stabilization funds. This policy will serve us well by building and protecting our fiscal resilience to future economic downturns. ?? Participated in the development of a model to evaluate the Shire TIF, which should be the standard for every community doing this type of analysis. ?? Makes sound budget recommendations unaffected by political considerations. Communications with Selectmen ?? Submits weekly reports every Friday and emails breaking news immediately as needed. ?? Willing to meet with and explain his position to any Selectmen who requests time, despite an unbelievably busy schedule. Makes each of us feel that we are his first priority. ?? Requests advice from Selectmen on complex issues and supports decision of Board. Communications with other Boards ?? Has established good rapport with School administration and won respect of School Committee. The budget process this year was smoother than it has been in the past, in part because of the trust that has developed. ?? Encourages staff to cooperate with all board and committees. ?? Understands the value of interactions with boards and committees. Negotiations of Contracts (Labor, Vendors, etc) ?? Approaches negotiations with the same thoroughness, patience and attention to detail that typify his approach to all problems. He’s successful because he knows what he wants to achieve, respects and understands his opponents’ position and needs. ?? Preparation for the JLMC paid off with the arbitrator essentially awarding the Town what we requested. ?? Extremely careful to avoid charges of unfair bargaining. ?? Overall had obtained favorable results while recognizing the worth of Town employees. ?? The successful negotiation of the TIF with Shire is a tribute to Carl’s skills. He established a relationship with Shire management that will serve us well in the future while striking a deal that will yield over its lifetime an estimated additional $40 million revenue for the Town Selectmen’s Meeting – April 30, 2008 Community Relations ?? Carl's relationship with the community is open and forthcoming. He presents his information fairly and represents the policies of the Board well. He is responsive to citizen requests and goes out of his way to attend community activities from having lunch at the senior center to always participating in Holiday ceremonies and parades. ?? Quiet composure has won rave reviews from the community. ?? Responds to individual citizens in a timely manner, despite a schedule that exceeds what a normal mortal can deal with. ?? One Board member is concerned that the opinions of advisory committees are overridden and consensus is not achieved in all cases. Personnel Management/ Leadership Staff Effectiveness ?? We admire his hiring skills. He is able to attract talented, experienced individuals who share his passion for municipal service. ?? He also recognizes when key staff members have to leave in order to advance and helps them on their career. ?? Sets high standards for staff; sets an outstanding example of dedication and work ethic and expects same of staff. Never fails to acknowledge success of staff ?? Not afraid to take on tough cases and make changes when necessary, suggests organizational changes that he believes will most effectively deliver services. We encourage him to continue to work to strengthen the professionalism of his organization. Planning and Organizing ?? Excellent understanding of the role of process before final decisions are made. Occasionally his cautious approach can be misinterpreted by the public and some of us as stalling and delay tactics. ?? Does not let political pressure get in the way of personnel decisions. Gives staff an opportunity to improve and conform to his expectations. Problem Solving, Innovation and Decision Making/ Integrity ?? Very adept at collecting information that will be used to solve problems. Has worked closely with staff to develop meaningful performance metrics ?? Uses his experience from other towns in solving problems ?? Carl has the highest of integrity. He is a Boy Scout's Boy Scout! … he is telling it like it is and is very perceptive in judging people and situations for what they really are. He has established himself as being a pillar of professionalism and integrity. Selectmen’s Meeting – April 30, 2008 Mr. Valente thanked the Board for the review. As part of Mr. Valente’s ICMA credentialing program he is required every 5 years to do a 360-degree review process. Over the next few months he will be asking the Selectmen for additional feedback and comments as well as from others he works with. Resignation/Appointments Historic Districts Commission Upon motion duly made and seconded, it was voted 5-0 to appoint Paul Ross to the Historic Districts Commission as a full member for a 5-year term to expire December 31, 2012. Housing Partnership Board Upon motion duly made and seconded, it was voted 5-0 to appoint Lisa Snellings to the Housing Partnership Board as a housing advocate for a 3-year term to expire September 30, 2010. Energy Conservation Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Keith Ohmart from the Energy Conservation Committee, effective immediately. Town Manager Appointments – Board of Health Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointments of Sharon MacKenzie and Deborah Thompson to 3-year terms to the Board of Health to expire on April 30, 2011. Future Meetings The Selectmen scheduled the following meetings: Tuesday, May 6, 2008 Tuesday, May 27, 2008 Monday, June 9, 2008 Monday, June 30, 2008 Monday, July 14, 2008 Monday, August 11, 2008 Monday, September 8, 2008 Munroe Fire Suppression The Selectmen agreed that Article 48, Munroe School Disposition, should be indefinitely postponed because Town Meeting will not have had enough information to review. Mr. Levine, Appropriation Committee, asked questions about the fire suppression funds requested and what would happen if the building were sold. Selectmen’s Meeting – April 30, 2008 The Selectmen plan to issue the RFP as soon as possible and then negotiate with a buyer. When a deal goes forward the buyer will have to include upgrading of the fire suppression system, whether through CPA funds or another mechanism. If there is no buyer by the fall, the Town will proceed with the fire suppression project and when a buyer is identified the Town will figure out a mechanism to include in negotiations the amount spent. Consent Agenda Use of the Battle Green – Marine Corps Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Marine Corps to have an induction ceremony on the Battle Green on Sunday, June 1, 2008, at approximately 11:00 a.m. for 30 minutes. Use of the Battle Green/Parade – Memorial Day Celebration Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Town Celebrations Committee for the Memorial Day Parade beginning at 9:30 a.m. on Monday, May 26, 2008, at 1557 Massachusetts Avenue and marching to the Battle Green for the annual ceremonies that will take place at approximately 11:15 a.m. and ending at 12:00 noon. 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