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HomeMy WebLinkAbout2008-11-BOS-min Selectmen’s Meeting November 3, 2008 A regular meeting of the Board of Selectmen was held on Monday, November 3, 2008 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Ms. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Mr. Kelley read a statement about the two tragedies Lexington suffered over the last week that affects the community. The first tragedy was the unfortunate passing of Alan Wilson on Tuesday. The board and the entire town extend their deepest sorrow to the family and the entire Wilson farm organization. Mr. Wilson loved farming and hard work, beautiful flowers and a bountiful harvest. He was a great inspiration to all who met him; he cared about people and no one will ever know all the great things and helping hands he offered to so many. He also cared greatly about his community and loved the East Village. He has left a wonderful legacy; Lexington has truly lost a legend and we will miss him dearly. The second loss was one that was suffered by 18 homeowners, who constitute the Hancock Condominium family. The magnificent structure, also known as the old Hancock School was on the corner Clarke and Forest Streets. Fortunately no one was hurt. The Town shares the loss of all the homeowners. The Town extends a helping hand to everyone that lived at 33 Forest Street. Because of the quick and dramatic action of Fire Department and neighboring towns that came to aid the fire, the building can be saved. As sad as it looks today we can all look forward to when it will once again stand tall and be the proud home to those who it has been home to for so many years. Public Comments Ms. McKenna, 9 Hancock Street, had been asked about voting and the concern about preparations for enough ballots for the November 4 election. The Selectmen are very confident that the Town Clerk has the election under control and was expecting for a better than 90% turnout. She has also made special arrangements for parking at all the precincts. Remember that there is going to be a large turnout and people need to be patient. Selectmen Concerns and Liaison Reports The Selectmen wished Ian Murphy, Lexington Minuteman Reporter, well as he leaves for a new job in Boston and thanked him for faithful service. Mr. Burnell reminded the community about the Veteran’s Day celebrations being held on November 11 and encouraged all citizens and veterans to participate in the celebrations to help recognize the service that so many of our veterans have provided and are providing in defense of freedom. Selectmen’s Meeting – November 3, 2008 Town Manager Report Mr. Valente recognized Chief Middlemiss to speak about the Hancock Condo fire. Chief Middlemiss briefed the Selectmen on the fire that occurred at the Hancock Condominiums on Friday afternoon, October 31. An investigation is still underway for the official cause. The fire brought assistance and equipment from many local cities, towns and state agencies. Also a number of town department employees (Police, DPW, Water, Community Development) provided the Fire Department with assistance. Mr. Valente reported that after the fire a number of town departments worked to assist residents in the Town Office Building; they included the Human Services; Building, Health, Town Manager, Selectmen. Mr. Valente reported that the flu clinic held on Saturday gave out 743 vaccines in 2 hours period. The Health Department used this flu clinic as a drill to prepare for a pandemic event. They had been working for over a year to prepare. There were 37 volunteers and staff that worked the flu clinic that was very successful. The Town Manager wanted to recognize the staff in the Community Development Office for the work in preparation for the flu clinic event. Mr. Valente recognized Recreation Director Karen Simmons, who was recognized as the Community Professional of the Year by the Massachusetts Recreation and Parks Association This award is given to recognize a community recreation professional member who has rendered outstanding service to the Association and recreation profession. The Town is very proud of Karen and all the terrific work she does for Lexington. Grant of Location – National Grid – Highland Avenue Upon motion duly made and seconded, it was voted 5-0 to approve the petition of the National Grid to install and maintain approximately 96 feet of 4” gas main in Highland Avenue from the existing 2” main on Highland Avenue northerly to existing 2” main on Highland Avenue at Percy Road. Town Seal Mr. Manz and Sam Doran, who has interest in and did research on the Town Seal, presented some interesting facts about the changes over the years of the Town Seal and showed some of the seals being used over the years. The question now is how does the Town return to a more correct seal? Selectmen’s Meeting – November 3, 2008 Proposed Traffic Calming Policy Ms. McVay, Planning Department, presented a draft Traffic Calming Policy to the Selectmen that was prepared by the Planning Department staff with significant input from TSAC. They reviewed how other towns are handling traffic calming. The proposed policy includes: 1. Statement of Traffic-Calming 2. Problem Identification and Needs Assessment a. Request for Neighborhood Traffic Calming Measures b. Clarification and Preliminary Evaluation of Traffic Calming Requests c. Preparation of Needs Assessment d. Determination of Need 3. Plan Development a. Screening of Alternative Traffic Calming Measures b. Development of Conceptual Traffic Calming Plans 4. Public Meeting a. Selection of Preferred Traffic Calming Plan 5. Plan Implementation and Evaluation 6. Definitions Mr. Burnell suggested that the policy be kept simple so it can be flexible and does not become a tool to slow down the process. The policy should be written in such a way that it will allow automatic updates as processes change. Mrs. Krieger thinks it is important to establish the policy. The draft policy, however, allows two routes for achieving traffic calming measures, by special permit and through the process outlined in the draft policy. There needs to be consistency. If the special permit granting authority identifies situations that may benefit from traffic calming, the process of the traffic calming draft policy should be followed. The Planning Department will formalize the policy and bring back to the Selectmen for formal adoption. The Planning Department suggests that the policy be an interim policy to see how it works for about one year. Quarterly Exceptions Report Mr. Addelson, Assistant Town Manager of Finance, presented the budget exceptions for the July 1, 2008 to September 30, 2008 period. There are currently no spending trends identified that would suggest FY2009 budgetary problems. The only exceptions are related to items that are part of the supplemental appropriation request for the Special Town Meeting on November 17. Selectmen’s Meeting – November 3, 2008 Battle Green Master Plan – Tourism Committee In 2001 the Massachusetts Department of Environmental Management awarded Lexington a grant as part of the Town Commons Preservation Initiative to take a look at the issues of preservation on the Lexington Battle Green. On April 27, 2001 the consultant’s report was issued. Several of the concerns in the report address the need for a Master Plan for dealing with future decisions. The Tourism Committee would like to be appointed the oversight committee to formalize the coordination of all interested parties and facilitate the development of a master plan by integrating input from all interested parties and then to bring back to the Selectmen for input and approval. The Tourism Committee currently has representatives from the Chamber of Commerce, Historical Society, National Heritage Museum, National Park Service, Freedom’s Way, center neighbors and interested citizens. The Selectmen want the Tourism Committee only to make a recommendation for a Master Plan for the Board’s approval. Ms. McKenna, Chair of the Tourism Committee, made it clear that input from anyone who has an interest in a Master Plan for the Battle Green would be welcome. Upon motion duly made and seconded, it was voted 5-0 to authorize the Tourism Committee to prepare a Master Plan for the Battle Green and to consult with all interested parties, including the Design Advisory Committee, Lexington Center Committee, Historic Districts Commission and in consultation with the Superintendent of Grounds. Historical Society Licensing Agreement – Meriam Parking Lot As part of the ongoing Meriam Street parking lot connectivity project, DPW will be constructing a new sidewalk/walkway from the right of the attendant’s shed and across Edison Way. Part of the new walkway is on land owned by the Historical Society. The Historical Society has agreed to enter into a license agreement with the Town, allowing the Town to construct and maintain this new walkway. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to sign the License Agreement between the Town and the Lexington Historical Society for the purpose of maintaining, repairing, altering and operating a public, municipal parking lot and uses related or accessory thereto. Briefing Report to Selectmen on Options for Contingent Budget Reductions Mr. Valente provided a proposed plan for addressing a FY2009 revenue shortfall (due to a potential reduction in State aid) and planning the FY2010 budget. Reasons for possible revenue shortfall include state aid being reduced as a result of the State’s own budget shortfall and Selectmen’s Meeting – November 3, 2008 Lexington’s local receipts may not meet projections due to the slowing economy, which affects motor vehicle excise receipts, building permit fees, municipal lien certificate fees and hotel/motel taxes. Options for reducing the FY2009 expenses include the following options: 1. Defer filling certain vacant positions for six months 2. Reduce certain services/expenses 3. Identifying mid-year budget efficiencies/savings; and 4. Defer certain capital projects. The FY2009 contingent budget reduction target suggested is $500,000 to $750,000 of the projected $9.9 million in State aid payments, which is 5% to 7.5% of the Town’s State aid. Next steps include: Selectmen to provide input/comments on proposed options; staff will refine the analysis of options for reducing the FY2009 expenses; Selectmen will discuss with the School Committee possible options for School Department contingent budget reductions; and staff will meet with the Appropriation Committee and Capital Expenditures Committee to solicit input; and possibly discuss at the November 12 Summit 2 meeting. Appointment – Historic Districts Commission Upon motion duly made and seconded, it was voted 5-0 to appoint Robert Warshawer to the Historic Districts Commission, representing the Arts & Crafts Society, for a 5-year term to expire December 31, 2013. Town Manager Appointment – Youth Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of Shannon M. Maloney to the Youth Commission for a 3-year term to expire April 30, 2011. Approve Bench Locations Upon motion duly made and seconded, it was voted 5-0 to approve four benches in two proposed locations near the visitor center that are on the Church of our Redeemer side of the bike path. Article Positions Mr. Addelson reviewed changes in the FY2009 revenues to support a supplemental appropriation for the November 17 Special Town Meeting. It is estimated that there will be $698,798 of revenue available for appropriation to be used as follows: ?? $197,038 – snow and ice deficit ?? $24,000 – School Resource Officer ?? $8,000 – Council on Aging replacement kitchen equipment Selectmen’s Meeting – November 3, 2008 ?? $50,000 – Labor Counsel budget ?? $40,000 – Hartwell Avenue Study ?? $35,000 – Munroe School Feasibility Study ?? $323,758 – energy supplements through June 30 ?? $7,500 – assessment center for recruitment of Police Chief ?? $4,502 – ambulance (amount short of bid) The Selectmen discussed the following articles: Article 2, Zoning Bylaw, CRO and RO to CD (95 Hayden Avenue, 124-128 Spring Street). The Selectmen will wait for a recommendation from Planning Board before taking a position. Article 3, Amend FY2009 Operating Budget, and Article 4, Amend FY2009 Enterprise Fund Budgets, are both supported by all the Selectmen. Article 5, Land Purchase – Off Cedar Street and Off Hartwell Avenue. CPA funds would be used for this article. All Selectmen support this article except Mr. Kelley who would like to revisit the site and its costs. Article 6, Harrington Pre-School Playground. CPA funds would be used for this article. The Selectmen all support this article. Article 7, Appropriate to Specified Stabilization Funds. The Selectmen all support this article. Article 8, Appropriate Munroe School Feasibility Study. Engineering is currently looking into whether a driveway could be added to the building site. Further information will be available for the next Selectmen’s meeting. Article 9, Appropriate for Prior Years’ Unpaid Bills. There are currently no prior years’ unpaid bills. Consent Agenda Notice of Intention to Layout Streets (Wisteria Lane and Pitcairn Place) Upon motion duly made and seconded, it was voted 5-0 to give written notice that it intends to lay out Wisteria Lane and Pitcairn Place as Town ways. Ratify Poll Vote – Lowering of Battle Green Flag Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle Green Flag on Wednesday, October 29, 2008, in memory of the passing of Alan Wilson and to raise the flag after the funeral on November 1, 2008. Selectmen’s Meeting – November 3, 2008 Approve Comptroller Performance Evaluation Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Assistant Town Manager for Finance/Comptroller’s Performance Evaluation for the period March 2007 to March 2008. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of October 20, 2008. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of October 20, 2008. Executive Session Upon motion duly made and seconded, it was voted by roll call vote 5-0 to go into executive session to discuss a collective bargaining matter and a land use/lease of land matter, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting November 10, 2008 A regular meeting of the Board of Selectmen was held on Monday, November 10, 2008 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Ms. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports The Selectmen gave a huge thank you to Donna Hooper, Town Clerk, and her staff for the great job they did on Election Day. Mr. Manz reminded everyone about the Veteran’s Day parade and ceremonies and invited all citizens and veterans to participate in the day’s events. Mr. Burnell added that the Town wants to share and celebrate all veterans’ great service. Mr. Manz reminded everyone about the Book Sale at the Cary Library on November 15 that is a very important fundraiser for the library. Economic Development Advisory Committee Mr. McWeeney, Chair of the Economic Development Advisory Committee, discussed with the Selectmen making a report at Town Meeting regarding the status of economic development in Lexington and where the Town should go and also indicate that they will work with the Planning Board to make changes. Lexington has few opportunities for economic development; mostly because land has already been developed, so the Town needs to consider redevelopment. The Committee will examine what the Town has and what potential there is. Selectmen agree it would be a good idea to make a report at Town meeting so the Committee’s concerns are known and to get reaction from town meeting members. Mrs. McKenna, Chair of the Tourism Committee, encourages the Economic Development Advisory Committee to look at tourism as a way to expand economic development. Mr. McWeeney said that he had visited the new hotels (Aloft and Element) and asked how things were going and inquired whether the Committee could be of help. They mentioned that they needed additional signage. The Committee plans to look at all opportunities, including tourism. Appointment/Resignation – Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Myron Rosenblum from the Lexington Council for the Arts, effective immediately. Selectmen’s Meeting – November 10, 2008 Upon motion duly made and seconded, it was voted 5-0 to appoint Victoria Campos to the Lexington Council for the Arts to fill the unexpired term of Myron Rosenblum until September 30, 2010. Article Positions/Article Assignments Article 5, Land Purchase – Off Cedar Street and Off Hartwell Avenue. Mr. Kelley supports the article. Article 9, Appropriate for Prior Years’ Unpaid Bills. This article will be indefinitely postponed. Article 8, Appropriate for Munroe School Feasibility Study. Mr. Kelley encouraged the Board to include a discussion of this article at the Summit meeting on November 12 to get clear on issues and determine if it makes sense to ask for study money. The Selectmen all agreed that they would continue the discussion after the Summit meeting and then take a position on Article 8. The article assignments are as follows: Article 3, Amend FY2009 Operating Budget Norman Cohen Article 4, Amend FY2009 Enterprise Fund Budgets Norman Cohen Article 5, Land Purchase – Off Cedar Street and Off Hartwell Avenue Peter Kelley Article 6, Harrington Pre-School Playground Hank Manz Article 7, Appropriate to Specified Stabilization Funds Jeanne Krieger Article 8, Appropriate for Munroe School Feasibility Study George Burnell Discuss Plowing of Bikeway Mr. Manz stated that everyone, not just bikers, use the Bikeway and it is used to get across town. Bedford is also considering plowing its portion of the bikeway, but is waiting to hear what Lexington will do. Ms. Enders, the new Chair of the Bicycle Advisory Committee (LBAC), read a joint statement of the LBAC and the Friends of Lexington Bikeways (FOLB) regarding a Bikeway Pilot Year Plowing Proposal. They are requesting that Lexington plow its portion of the bikeway and allocate up to $4,000 to do so and they propose that a portion of the allocation be reserved for a final clearing in the spring to ensure that the bikeway is ready for use after the last snowfall. They plan to have a fundraiser this winter to offset the expense of the pilot program, which they will donate to the Town. Mr. Shenker, Chair of the Friends of Lexington Bikeways, has lived in Lexington 25 years and became involved because of bike safety by analyzing accidents. Biking is an essential form of his transportation. He believes it is more dangerous to ride on Massachusetts Avenue. He thinks the plowing will be very popular and successful. Selectmen’s Meeting – November 10, 2008 Mr. Burnell is concerned with safety of the bikepath after plowing and not sanding. It is important to concentrate efforts on plowing sidewalks and making sure paths to school are plowed. He wants the program to be successful and does not want to see it cause more problems. Mrs. Krieger would like the bikepath to be plowed and thinks it would be free of ice and could be safe. She is concerned with kids biking or casual bikers and how they would handle the intersections if the gates were open and the bollards removed. She is very reluctant to use funds for plowing when the Town is considering deferring the hiring of important positions because of budget concerns. The LBAC should look into the possibility of privately funding the pilot program. Mr. Lees, a Lexington resident, stated that Massachusetts Avenue is really dangerous when riding a bicycle. Ms. McKenna, Hancock Street, suggested requesting funds from the Fund for Lexington. Mr. Van Hook, Meriam Street, would be willing to ask people for contributions for plowing the bikeway. Ms. Enders believes Lexington businesses would be very willing to contribute. Mr. Gingle, a long time user of the bikepath supports plowing and feels it would bring more people into Lexington’s businesses. He would like the Selectmen to commit to the plowing program. Mr. Manz believes the money piece is resolvable. The question is how to handle the safety issues of the gates being opened and removing the bollards. The LBAC believes that safety is a year-round issue. It was recommended that the LBAC and DPW staff meet to discuss how to handle safety issues that could come up with the gates being left open and the bollards removed. The LBAC should be able to answer questions regarding the line of site, opening gates, removal of bollards and keeping cars from driving on the bikepath. Also have to figure out how the bollards could be removed and what the cost of that would be. The LBAC would be willing to volunteer and work with the DPW to open gates during snowstorms. The LBAC should plan to attend the Selectmen’s November 24 meeting to make a recommendation on how to move forward. The Selectmen also requested that the LBAC get commitments on how much money could be raised for plowing the bikeway. Consent Agenda Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 3, 2008. Selectmen’s Meeting – November 10, 2008 Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of November 3, 2008. One-Day Liquor License – LHS Boys Basketball Team Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the LHS Boys Basketball Team for a fundraiser on Saturday, November 15, 2008 from 7:30 p.m. to 12:00 midnight at the Depot Building. Executive Session Upon motion duly made and seconded, it was voted 5-0 by poll vote to go into executive session for matters of contract negotiation, land lease and investment, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Budget Collaboration-Financial Summit 2 November 12, 2008 A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held on Wednesday, November 12, 2008, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Present: Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager of Finance; Mr. Niemy, Budget Officer; Ms. Pease, Executive Clerk; Dr. Ash, Superintendent; Ms. Dunn, Assistant Superintendent; all members of the School Committee; all members of the Appropriation Committee, except Mr. Eurich, Mr. Kennealy and Mr. Michelson; and all members of the Capital Expenditures Committee. FY2010 Revenue Projections Overview Mr. Valente provided a brief overview of the FY2010 Revenue Summary. The Gross General Fund Revenue will increase by $4.7 million or 3.5%. The Net General Fund Revenues, which is used at Town Meeting to support appropriations to the operating budget, will increase $4.2 million or 3.2%. For comparison, in FY2009 the Gross General Fund Revenues increased by $6 million or 4.7% and the Net General Fund Revenues increased by $5 million or 4%. That means that the growth for FY2010 is about $1 million less than FY2009. Presentation by Revenue Source Mr. Addelson presented a summary of the FY2010 revenue. The Gross General Fund Revenue includes property tax, state aid, local receipts, available funds, revenue offsets and enterprise receipts. Below is a breakdown of the FY2009 to FY2010 proposed changes: Property Tax Levy $4,652,661 or 4.23% State Aid $ 0 Local Receipts $ (504,258) or 4.96% Available Funds $ 628,451 or 11.18% Revenue Offsets $ (24,566) or 1.35% Enterprise Receipts $ (61,549) or 3.6% Total Gross Fund Revenue $4,690,739 or 3.46% Less Revenues Set Aside $ (465,659) or 15.44% Net General Fund Revenues $4,225,080 or 3.18% State Aid is being projected to remain the same; the plan is to set aside part of free cash in case state aid is reduced. Budget Collaboration-Financial Summit 2 – November 12, 2008 Under local receipts, motor vehicle excise tax collections are projected to decrease by $306,000 and the water and sewer PILOTS are being eliminated ($177,000). The certified free cash as of July 1, 2008 for FY2010 is $5,481,000. It is proposed that $2,741,027 be used to support the FY2010 operating budget. For FY2009 $2,618,000 from free cash was used for the operating budget. Policy Issues Mr. Valente reviewed the open revenue projection issues: rd ?? State Aid. More information will be available the 3 week in January when the Governor presents his budget. ?? Proposal for use of free cash/revenues set aside for designated uses. The summit group will need to address the use of free cash/revenues as additional information becomes available. ?? Use of additional reserves. Likely to see significant shortfall in FY2010 and the Town may have to look at using the reserve fund to close the budget gap. The Financial Policy Committee recommended that the reserve fund not be used unless there was a downturn in the economic cycle. It appears the Town is starting to see a downturn in some revenues. Of the total increase in revenues of around $5 million almost half of the increase will go to cover health insurance and pension costs. ?? Capital financing outside the levy limit. Last year there was a discussion about financing and continuing the street improvement program and it was thought the recommendation would be to bring forward a debt exclusion to cover street, sidewalk and traffic calming programs. Discussions are ongoing with staff to see if this is the appropriate time for a debt exclusion. If it is not a good time, there would be implications for the road construction program. FY2009 Options for Contingent Budget Reductions Mr. Valente presented information on a proposed contingency plan in case FY2009 revenues are below estimates. The reasons for possible revenue shortfall include a state aid reduction and local receipts not meeting projections. The four strategies are: defer filling certain vacant positions for 6 months; identifying services/expenses that could be deferred; identifying mid-year budget efficiencies/savings; and examining all capital projects to see if certain capital projects can be deferred. The FY 2009 contingent budget reduction target is between $500,000 and $750,000, which is 5% to 7.5% of the Town’s State Aid. The Selectmen requested the School Committee to do the same exercise to see where money could be saved from the FY2009 budget. Budget Collaboration-Financial Summit 2 – November 12, 2008 Follow-up Discussion: Munroe School Feasibility Study The Selectmen agreed at its meeting on November 10 after reviewing information received from the Engineering Department that looked at a possible access driveway and parking in the rear that a Feasibility Study should not be done on the Munroe School because it would be extremely taxing on the site to have the Senior Center located there. Mr. Kelley would like to finalize the RFP to sell the Munroe School building to an arts related group in order to have a warrant article on the 2009 Annual Town Meeting for that purpose. Members of the task force and members of the finance committees felt strongly that the Munroe School Feasibility Study should be done to provide the capabilities of the building. The Selectmen will put forth a motion for doing a feasibility study of the Munroe School. They will discuss their position again at the November 17 Selectmen meeting. Establish Date: Budget Collaboration-Summit 3 The next summit is tentatively scheduled for January 15. The meeting will include a presentation of the revenue split and look at the growth and what portions will be allocated to the general fund and what portion to the school budget. Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting November 17, 2008 A regular meeting of the Board of Selectmen was held on Monday, November 17, 2008 at 6:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Ms. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Article Positions Article 8, Appropriate for Munroe School Feasibility Study. After continuing its discussion of Article 8 the Board’s decision to not support the article remained unchanged. The consensus of the Board was that adequate information is already available, as several studies of the Munroe School site have been done in the past. Appointment/Reappointments Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Michele Bokun to the Town Report Committee for a one-year term to expire September 30, 2009. Upon motion duly made and seconded, it was voted 5-0 to reappoint Zelda Sokal and David Tabeling to the Town Report Committee for one-year terms to expire September 30, 2009. Vote of Selectmen for LexHAB to Acquire Properties Upon motion duly made and seconded, it was voted 5-0 to approve the acquisition and financing of 300 Woburn Street, 104 Emerson Gardens and 11 Ross Road by the Lexington Housing Assistance Board, Inc. Upon motion duly made and seconded, it was voted to adjourn at 7:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting November 24, 2008 A regular meeting of the Board of Selectmen was held on Monday, November 24, 2008, at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Ms. Krieger, Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Mr. Cohen believes Lexington is a caring community and hopes that residents will contribute to the Fund for Lexington. The Selectmen welcomed the new Lexington Minuteman Reporter, Meghan Kelly. Grant of Location – Nstar – Douglas Road 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 Douglas Road, southerly at Pole 388/8 approximately 750 feet + southeast of Cooke Road, a distance of about 43 feet + of conduit. Acceptance of the Alan B. Wilson Memorial Scholarship Mr. Kelley praised Alan Wilson for the many great things he did for his community and he thanked the Wilson family and the community for donating to the Alan B. Wilson Memorial Scholarship. Recipients of the scholarship will be graduates of Lexington High School or Minuteman Regional Vocational Technical School and be a resident of Lexington. Preference will be given to a graduate of Minuteman Regional Vocational Technical School who will be attending a one or two year technical program or school. The recipient must also have a financial need. Upon motion duly made and seconded, it was voted to accept the terms of the Alan B. Wilson Memorial Scholarship Fund to be managed by the Trustees of Public Trusts. Franklin School Financial Restructuring Mr. Wiener, Anderson & Kreiger, was available to answer any questions. The closing is expected to be in about two weeks. Upon motion duly made and seconded, it was voted 5-0 to: (a) approve the following documents in connection with the restructuring of the mortgage loan (the “Loan Restructuring”) for Franklin School Housing Limited Partnership (the “Borrower”): (i) Second Amendment to Land Disposition Agreement between the Town and the Borrower; (ii) Property Option Agreement between the Town, the Borrower and Massachusetts Housing Finance Agency (“MHFA”); (iii) First Amendment to Mortgage Note between the Town and the Borrower; (iv) First Amendment Selectmen’s Meeting – November 24, 2008 to Mortgage and Security Agreement between the Town and the Borrower; and (v) Consent and Subordination Agreement between the Town and MHFA (collectively, the “Loan Documents”) and (b) execute the Loan Documents in the form delivered to the Board at the public meeting of even date herewith, with such modifications, deletions, substitutions or changes thereto as the Town Manager deems necessary or advisable in the Town Manager’s discretion, and (c) authorize the Town Manager to take all actions and execute any and all documents related to the Loan Restructuring that the Town Manager deems necessary or advisable, and (d) to deliver the Loan Documents (and any other documents that the Town Manager may deem necessary or advisable to execute and deliver in connection with the Loan Restructuring) to the Borrower and MHFA, but only after the Town Manager and Town Counsel, in their discretion, have authorized the delivery of such documents. Further, the Board voted that to the extent the terms and provisions of the Loan Documents conflict with the Board’s vote concerning the Loan Restructuring dated May 12, 2008, this vote hereby supersedes any inconsistent provisions thereof. Plowing of the Bikeway Mr. Valente and staff came up with recommendations for a trial program to remove snow from the bikeway and met with representatives of the Bicycle Advisory Committee (BAC). Town staff and the BAC agreed to the following recommendations: 1. Snow will be removed using a sidewalk tractor with a blower unit. 2. The Town, through its DPW will be responsible for contracting with a vendor for this service. 3. The bikeway will be cleared of snow on those occasions when the Town also plows streets and sidewalks. For small accumulations (1-2 inches), the bikeway will not be cleared by the sidewalk tractor. 4. The bikeway bollards at various intersections will not be removed. Bollards are considered visual cues for the safety of bikeway users. The sidewalk tractor will maneuver around the bollards when clearing snow. 5. For bikeway intersections with gates, if necessary, the sidewalk tractor operator will be expected to open and close the gates as part of the snow clearing process. 6. The snow removal operation will take place after the conclusion of the storm, once roadways and town sidewalks have been cleared. 7. The sidewalk tractor will make one pass up and one pass down the bikeway, clearing a width of approximately eight feet. 8. It is anticipated that the entire length of the bikeway will be cleared, subject to funding and approval from MassHighway to clear the area over Route 128. Selectmen’s Meeting – November 24, 2008 9. There will be no sanding or chemical treatment of the bikeway following a snow event/clearing. The Town and the BAC recognized that there may be black ice and slippery spots on the bikeway since many areas do not receive sufficient sunlight to provide for solar melting. If in the sole determination of the Town, the bikeway is not safe due to icing, the Town reserves the right to reconsider the terms of the trial program. 10. Funding for this trial program will be solely from funds raised by the BAC or the Friends of the Minuteman Bikeway. No Town funding will be used. If funds are not sufficient to remove snow for the entire winter season, the Town, in consultation with the BAC, will discontinue the program. 11. The Lexington Board of Selectmen reserve the right to modify or end this program at any time, for safety or other reasons. The Selectmen appreciate the effort of Town Staff and the BAC to try and make the program work. They made it clear that the sidewalks need to be cleared first. Upon motion duly made and seconded, it was voted 5-0 to approve the recommendations regarding snow removal on the Minuteman Bikeway. Ms. Enders, Chair of the BAC, stated that the BAC has a few concerns regarding the recommendations: 1) the length of time it will take to plow both ways; and 2) whether the sidewalk plow will do a satisfactory job removing the snow. If the sidewalk tractor does not do a satisfactory job the BAC will want to review the recommendations. The BAC recommends that plowing the bikeway be included in the FY2010 budget. Tax Classification Presentation Mr. Jackson, Chair of the Board of Assessors, presented information to the Selectmen on the tax classification options for FY2009. The classification amendment requires the Board to consider four selections: residential factor; discount for open space; a residential exemption or not and a small commercial exemption or not. Mr. Smith, Cranberry Hill Associates, asked the Selectmen to look at a flat rate for all classes of property. Mr. Smith complimented the Town for its work in putting together the tax classification presentation. The Tax Classification Hearing to set the tax rate is scheduled for December 1, 2008. Selectmen’s Meeting – November 24, 2008 Minority Reports Mr. Manz requested that the Selectmen discuss minority reports because of some surprise information that came up at the Special Town Meeting on November 17, 2008. There needs to be a good system to keep track of old and new studies the Town has undertaken. Also need a wider discussion regarding what information is available and the best way to keep the information in focus. The Appropriation Committee plans to review what happened at Town Meeting. Mr. Cohen feels that the Town makes a lot of information available and that they do a good job but some documents may be overlooked. Selectmen will take this matter under consideration. Approval of the Trash Disposal Contract Lexington’s trash disposal contract concludes in FY2010. A consortium of 13 communities have been working together to bid a new five-year contract. Mr. Valente, Mr. Hadley, Director of Public Works, and Mr. Beaudoin, Superintendent of Environmental Services, and Town Counsel are working together to determine which contract is most advantageous for the Town. The Covanta Energy contract would be with the consortium and the Wheelabrator North Andover (WNA) contract would be just Lexington. The Selectmen need to authorize any contract that is for more than three year; the trash disposal contract would be a 5-year contract. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to enter into a 5-year contract for trash disposal. Consent Agenda Tax Insert – Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to approve inserting a Sidewalk Committee reminder for the winter season into the next tax bill. Set the Closing Date of the Warrant for the 2009 Annual Town Meeting Upon motion duly made and seconded, it was voted 5-0 to set the date for the closing of the Warrant for the 2009 Annual Town Meeting for Monday, December 29, 2008. Set the Date for the Local Election Upon motion duly made and seconded, it was voted 5-0 to set the date to hold the local election on Monday, March 2, 2008. Set Date for the First Session of the 2009 Annual Town Meeting Upon motion duly made and seconded, it was voted 5-0 to set the date to have the first session of the 2009 Annual Town Meeting on Monday, March 23, 2009. Selectmen’s Meeting – November 24, 2008 Approve Town Manager Employment Agreement Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Town Manager’s Employment Agreement for a 3-year period commencing on July 11, 2008. Approve Revised Executive Session Minutes of October 20, 2008 Upon motion duly made and seconded, it was voted 5-0 to approve the revised executive session minutes of October 20, 2008. Upon motion duly made and seconded, it was voted to adjourn at 8:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk