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