HomeMy WebLinkAbout2008-12-BOS-min
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Selectmen’s Meeting
December 1, 2008
A regular meeting of the Board of Selectmen was held on Monday, December 1, 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. Chabot, Assistant to
the Executive Clerk, were present.
Town Manager Report
Mr. Valente wanted to let the Board know that there will be a neighborhood meeting regarding
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the Spring Street sidewalk on Wednesday, December 3, at 7:30 p.m. in Cary Memorial Hall.
He also reported that the Town solicited bids for the general liability insurance. The low
responsible bidder came in at $80,000 less than the previous carrier. Some of the savings will
accrue to this year and some to next year.
50 Hill Street Conservation Restriction
Mr. Bertucci presented the revised conservation restriction on a parcel of property located on
Robinson Hill. The Board approved a conservation restriction last year, but the State had some
concerns about what the Bertuccis might want to do in areas more contiguous to the house. The
Bertuccis put a buffer around the house moving the conservation restriction out somewhat. The
land surrounding the house, while not part of the conservation restriction, is nevertheless
protected.
Mr. Cohen reiterated, on behalf of all the Selectmen, how extremely grateful the Town is to the
Bertucci family for this generous donation and thanked them for all they have done for
Lexington.
Upon motion duly made and seconded, it was voted 5-0 to accept and sign the revised
conservation restriction for 50 Hill Street (Map 57, Lot 112A) currently owned by John
Bertuccci and Richard S. Chute, Trustees of Hill Street No. 50 Nominee Trust, which is a parcel
of land located on Robinson Hill that is approximately 20 acres, of which 12 acres is to be used
in perpetuity and exclusively for conservation purposes.
Hanscom Land Use
Massport operates Hanscom Field in the four communities of Bedford, Lexington, Lincoln and
Concord. Periodically Massport plans land developments on the field. Massport contends such
development is not subject to local zoning and the four communities would not share in any
revenue. Currently Massport is contemplating development of an aerotechnical museum along
Hanscom Drive. To ensure appropriate local review and revenue sharing Representative
Kaufman has in the past filed legislation to regulate land development at Hanscom Field. Mrs.
Kreiger asked the Board to recommend that the legislation be refiled to insure that any land
development at the field be compatible with local zoning and subject to local taxation.
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Selectmen’s Meeting – December 1, 2008
Upon motion duly made and seconded, it was voted 5-0 to request that Representative Kaufman
file legislation that will insure local control of land development at Hanscom Field.
Reappointment – Town Report Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Morrison to the
Town Report Committee for a one-year term to expire September 30, 2009.
Munroe RFP Discussion
Mr. Kelley proposed moving forward with a Draft RFP for Sale of the Munroe School and
Ground Lease.
Mr. Lamb, Capital Expenditures Committee, stated that there should be an assessment of the
value of the building before the Town makes any subsidy to a potential buyer. Mr. Cohen
commented that the amount of money the Town would have to put in to fix the building should
go in to the equation.
Mrs. McKenna, Precinct 6, suggested that before selling a Town asset there be some informal
conversations with Town Meeting about what the site’s uses could be.
Upon motion duly made and seconded, it was voted 5-0 to table the Munroe RFP discussion until
after the tax classification hearing adjourned.
Tax Classification Hearing
Mr. Addelson, Assistant Town Manager for Finance, introduced the Board of Assessors:
Chairman Jackson, Mr. Foster, Mr. Grant; and Mr. Nugent, Town Assessor. Mr. Addelson
presented the package of information and a supplemental chart of FY2009 Tax Rate Options and
Comparison. He explained that since property values had not yet been approved by the
Department of Revenue, the group would move ahead with the hearing but not ask the Selectmen
to set the residential tax factor.
Mr. Bartenstein, Appropriation Committee, commented that historical data for the percentage of
increases would be helpful. Mr. Sandy, Precinct 6, urged the Selectmen to increase the CIP
factor to the maximum legally allowable. Mr. Smith, Cranberry Hill Associates, asked the
Selectmen to keep the commercial tax rate the same as last year.
Ms. Bohart, Chamber of Commerce, reminded the Selectmen that it is easy to focus on the large
commercial tenants, but the Center is comprised of mostly small businesses that are affected by
this decision as well.
In response to Mr. Mehr’s question about whether the data used to assess commercial property
was public information, Mr. Nugent explained that a company’s income was not public
information.
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Selectmen’s Meeting – December 1, 2008
Upon motion duly made and seconded, it was voted 5-0 to continue the tax classification hearing
to Monday December 8, 2008 at 7:30 p.m. in the Selectmen’s Meeting Room.
Upon motion duly made and seconded it was voted 5-0 to take the Munroe RFP discussion from
the table.
Continuation - Munroe RFP Discussion
Mr. Levine, Appropriation Committee, asked the Selectmen to give the Appropriation
Committee and Capital Expenditures Committee the opportunity to review the draft RFP before
it is issued. He suggested defining more clearly the scope under which respondents may operate.
Mrs. Kreiger supported releasing the property and putting out an RFP. It has already been
determined that the site is not appropriate for a Senior Center, and the report from the School
Department may say that they want to keep the school administration at Harrington.
Upon motion duly made and seconded, it was voted 5-0 to proceed to a final draft of the RFP.
Consent Agenda
Adjustments of Water / Sewer Charges
Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of
water and sewer charges:
Adjustments of Water / Sewer charges for November 2008 $-68,872.68
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 10,
2008, November 12, 2008, and November 17, 2008.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of November 10, 2008.
Upon motion duly made and seconded, it was voted to adjourn at 9:10 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
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Selectmen’s Meeting
December 3, 2008
A special meeting of the Board of Selectmen was held on Wednesday, December 3, 2008, at
8:00 a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman
Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and
Ms. Pease, Executive Clerk, were present.
FY 2010 Budget Presentations
Fire
Chief Middlemiss presented the Fire Department FY2010 Budget Requests. Level Service
Requests: Fire Administration $249,339; Fire Prevention $184,046; Fire Suppression
$4,169,627; Emergency Medical Services $131,837; Emergency Management $12,000; Total
Level Service Budget: $4,746,849.
Program Improvement Requests: Fire Suppression Second Ambulance Staffing $124,257; Fire
Administration Operations/Training Assistant Chief $77,797; and 4-Lieutenants for Fire
Suppression $16,181. Total Program Improvement Requests: $218,235.
Recreation
Ms. Simmons presented the Recreation FY2010 Budget Requests. Level Service Requests:
Recreation $1,168,889; Pine Meadows $516,762; and Indirect Costs $188,583. Total Level
Service Budget $1,874,234.
Program Improvement Requests to be funded by the Recreation Enterprise: GreensKing IV
Mower for Pine Meadow $21,156; and on-line registration software program for Recreation
$12,823. Total Program Improvement Requests: $33,979.
Department Goals: research the feasibility of implementing an on-line registration system for
recreational programs; manage active recreation construction projects; and review and revise
department budget performance e measurement system.
Library
Ms. Rawson presented the Library FY2010 Budget Requests. Level Service Requests: General
and Technical Services $421,500; Adult Library $1,170,900; and Children’s Library $359,930.
Total Level Service Budget: $1,952.330.
Department Goals include:
1. To provide a variety of rich, historical and current print and electronic resources for
the public.
2. To promote the love of reading in order to encourage a community of lifelong
learners.
3. To connect library users with the information they need.
4. To serve as a physical as well as virtual “commons”: informational, cultural and
social.
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Budget Presentations – December 3, 2008
5. To utilize appropriate technology to maintain, enhance and extend library services
both within the library and beyond.
6. To provide a welcoming environment to all.
Planning
Ms. McCall-Taylor presented the Planning FY2010 Budget Requests. Level Services Requests:
Planning $237,130.
Program Improvement Requests: Consultant Services $100,000 and Housing Specialist (part-
time) $21,100. Total Program Improvement Requests: $121,100.
Department Goals include: Update the Development Regulations and coordinate standards with
the Engineering Division’s standards. Some changes were adopted in 2008 but more revisions
are needed; continued study of the commercial districts in order to propose bylaw changes that
will enhance economic development while mitigating impacts on the Town; and explore
affordable housing production options utilizing CPA and HOME funds.
Upon motion duly made and seconded, it was voted to adjourn at 10:00 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 4, 2008
A special meeting of the Board of Selectmen was held on Thursday, December 4, 2008, at 8:00
a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Cohen,
Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms.
Pease, Executive Clerk, were present.
FY 2010 Budget Presentations
Police
Captains Corr and Sargent presented the FY2010 Law Enforcement Budget. Level Service
Requests: Police Administration $1,155,390; Patrol & Enforcement $2,747,339; Parking
Operations $70,849; Investigations $624,711; Dispatch $595,429; Animal Control $29,380;
Crossing Guards $131,791. Total Level Service Budget: $5,354,889.
Program Improvement Requests: Patrol and Administration Supervisory Coverage $50,639;
Dispatch and Administration Quarterly Debriefing of Fire Operations $9,646; Patrol Hybrid
Vehicles (2) $47,640; Animal Control Officer to Full-time $20,657; Patrol Center Officer
Coverage $52,511; Patrol Desk Officer Coverage $19,504; Patrol Traffic Safety Officer $35,114.
Total Program Improvement Request: $235,711.
Department Goals for 12-18 months include: a major leadership transition will taken place when
Chief Casey retires, including the subsequent selection of middle managers; a capital project, if
advanced, will require staff to work closely on a space needs study for renovating the police
station; continue exploring fuel saving options such as using hybrid vehicles; and consolidate
policies and procedures into an on-line medium with ultimate goal of achieving Accreditation
recognition.
Office of Community Development
Ms. Mullins presented the FY2010 Community Development budget requests. Level Service
Requests: Building and Zoning $469,758; Regulatory Support $188,337; Conservation
$148,845; and Health $212,735. Total Level Service Budget $1,019,674.
Program Improvement Requests: Department Lead Clerk $43,334 and Microfilming and
Scanning Records $10,000. Total Program Improvement Requests: $53,334.
Department goals include: implement Laserfiche Document Imaging software; expand the
microfilming and scanning programs to other divisions within the department; develop and adopt
an electronic records management policy detailing format for submissions for permit filings,
plans, and other documents to incorporate into the new Laserfiche Document Imaging Program;
implement permit tracking software; and increase public outreach and education to homeowners
and contractors regarding the Community Development Department functions and permitting
processes through the town website.
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Budget Presentations – December 4, 2008
Health Goals: continue pandemic flu planning.
Conservation Goals: prepare and implement land management plans for each conservation area
and develop a watershed stewardship program in collaboration with DPW.
The tracking software will help coordination with different departments to help speed up the
permitting process.
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Proclamation for Carlton Warren’s 100 Birthday
Upon motion duly made and seconded, it was voted to sign a proclamation for Carlton Warren,
who recently turned 100.
Upon motion duly made and seconded, it was voted to adjourn at 10:00 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 8, 2008
A special meeting of the Board of Selectmen was held on Monday, December 8, 2008, at 8:00
a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Cohen,
Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms.
Pease, Executive Clerk, were present.
FY 2010 Budget Presentations
Public Facilities
Mr. Goddard presented the FY2010 Public Facilities Budget. Level Service Requests:
Education Facilities $7,019,164; Municipal Facilities $1,471,977; Shared Facilities $680,797.
Total Level Service Budget: $9,171,938.
Program Improvement Requests: School Landscaping Improvement $27,835.
Department Goals include: implement equipment PM’s for all municipal and school buildings,
resulting in improved operation; support town-wide goal on facility energy efficiency resulting in
a town-wide reduction in facility energy consumption; and continue standardization of Green
Cleaning program.
Town Clerk
Ms. Hooper presented the Town Clerk FY2010 Budget Requests. Level Service Requests:
Town Clerk Administration $246,140; Board of Registrars $17,525; Elections $52,200; and
Records Management $37,648. Total Level Service Budget $353,513.
Department Goals include: development of coordinated Archives & Records Management
Program, including Cary Vault completion, CPA support for historic records conservation and
preservation and records indexing and Laserfische Document Imaging System implementation
for records retention and electronic access.
MIS
Mr. Addelson and Ms. McLaughlin presented the MIS FY2010 Budget Requests. Level Service
Requests: MIS Administration $526,745 and Web Development $13,700. Total Level Service
Budget $540,445.
Program Improvement Request: Laserfiche Server Upgrade $15,500.
Department Goals: maintain a stable network; provide training and support to employees;
manage infrastructure within the constraints of existing budget as technology interest increases in
all departments; and create a more interactive website.
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Budget Presentations – December 8, 2008
Finance
Mr. Addelson presented the Finance FY2010 Budget Requests. Level Service Requests:
Comptroller $539,559; Revenue $294,607; Assessor $452,381; and Utility Billing $66,640.
Total Level Service Budget $1,353,187.
Program Improvement Requests: Principal Municipal Assessor Clerk $40,000; Residential
Appraiser $66,000; and Fee-Based Professional Appraisals $24,000. Total Program
Improvement Requests $130,000.
Department Goals include: Assessing – perform interim-year updates to property values and
continue to pursue initiative to identify fully annual growth of personal property. Comptroller-
transition to accounting for Trust Funds in the general ledger; implement electronic purchase
order system and implement general billing for miscellaneous receivables. Revenue – Continue
progress in putting delinquent taxes into tax title to insure ultimate collection of past due
amounts; move unpaid water and sewer bills onto tax bills preparatory to moving delinquent
taxes (inclusive of unpaid utility charges) to tax title, thus insuring ultimate collection of past due
utility bills; bid banking services; and bid bill printing services.
Upon motion duly made and seconded, it was voted to adjourn at 9:55 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 8, 2008
A regular meeting of the Board of Selectmen was held on Monday, December 8, 2008, at 7:30
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger,
Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Manz recapped all the wonderful events that occurred over the weekend, including: on
Friday the downtown businesses were open late and there were raffles at many businesses, a
book event at the depot, Santa came on the Fire Engine and the lighting of the Christmas tree on
Depot Square where over 700 cups of hot chocolate were served by the Selectmen. Friday night
was finished off with the Lexington Symphony concert at Cary Hall, which was excellent.
Saturday there was a sale of holiday decorations at the National Heritage Museum which was put
on by the Garden Club.
Mr. Cohen also thanked everyone involved in the planning of the Friday night events and also
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the wonderful Symphony show. On Saturday he attended a 100 birthday party for Carlton
Warren and presented him with a proclamation signed by the Board of Selectmen in honor of his
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100 birthday.
Town Manager Report
The Town received a grant from the DCR for $24,623 to be used for Conservation trail
improvements. The Bicycle Advisory Committee, Conservation Commission and Department of
Public Works collaborated on the grant application.
Jere Frick has resigned from the Conservation Commission after forty years of incredible service
to the community.
Tax Classification Hearing – Continued
Rob Addelson, Assistant Manager of Finance; Joe Nugent, Assessor; and the three members of
the Board of Assessors were available to answer any questions the Selectmen had.
A majority of the Board support setting a residential factor of 1.70 for fiscal year 2009 because it
leaves the commercial values constant and recognizes decreases in the residential market and
also provides flexibility for next year. Mr. Kelley suggests a residential factor of 1.68 to share
the burden of the tax increase and send a small message to the commercial businesses that the
Town appreciates what they represent to the base. A factor of 1.68 continues the downward
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Selectmen’s Meeting - December 8, 2008
trend and puts the residential burden increase at 3.99% and commercial increase at 4.49%, based
on the information provided in the packet.
Upon motion duly made and seconded, it was voted 5-0 to not adopt the Open Space Discount
for fiscal year 2009.
Upon motion duly made and seconded, it was voted 5-0 to not adopt the Residential Exemption
for fiscal year 2009.
Upon motion duly made and seconded, it was voted 5-0 to not adopt the small commercial
exemption for fiscal year 2009.
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to establish the
residential factor of 1.70 for fiscal year 2009.
Flammable Storage Hearing – Shire
Mr. Shaevitz, Ferrell Gas and representing Shire, is requesting a Flammable Storage License for
Shire at 400 Patriot Way for the above ground storage of four (4) 1000-gallon and twenty (20)
100 lb. cylinders of propane (total of 4,500 gallons) to use for heat during construction of the
new building. Fire Chief Middlemiss stated that the fire department approves the license with
conditions that include: tanks must be supported on a firm base of concrete or asphalt; tanks
must be placed a minimum of 25 feet from buildings, structures and property lines and 20 feet
from any ignition sources; the tanks shall be protected with jersey type barriers and be enclosed
within a 6 foot high chain link fence; cylinders not in use shall be kept in a secured fenced area,
be secured from tipping and protected from injury; and that the license expires on June 1, 2009.
Upon motion duly made and seconded, it was voted 5-0 to approve a Flammable Storage License
for the above ground storage, operation and maintenance of 4,500 gallons of propane at 400
Patriot Way with the conditions stated by Chief Middlemiss.
Adoption of 403(b) Plan Document
Ms. Dunn, Assistant Superintendent for Finance and Business, requested the Selectmen adopt the
Lexington 403(b) Plan in order to meet the January 1, 2009 deadline for compliance with the IRS
regulations. The Plan will continue with the following changes: the employer approves the
investment provider and no investment provider can or will be added to the plan at the
employees request; the employer has hired a third-party administrator to meet its compliance
obligations; the school district will pass the cost of such administrator to the employees
participating in the plan for the costs associated with compliance monitoring, current or future
compliance reporting required by the IRS or the US Department of Labor.
The School Department will continue to work to reduce the number of investment provider
options and also bring in better investor providers.
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Selectmen’s Meeting – December 8, 2008
Upon motion duly made and seconded, it was voted 5-0 to adopt the Lexington 4-03(b) Plan for
the continuation of this employee benefit under the revised IRS regulations.
License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the following license
renewals for 2009:
Class I
Lexington Toyota
Class II
A to Z Auto Wholesale
Auto & Diesel Sales
Auto Engineering of Lexington
Lexington Associates, Inc.
Lexington Auto Sales
Lexington Auto Service Center
Class III
John P. Carroll Company, Inc.
Coin
Lexington Elks (2)
Lexington VFW (5)
Common Carrier
Boston Tours, Inc. (2)
Common Victualler
Alexander’s Pizza
Aloft Lexington
Bertucci’s Brick Oven Ristorante
Bruegger’s Bagel Bakery
Dabin Restaurant
Daikanyama Japanese Cuisine
Dunkin Donuts, 317 Woburn Street
Dunkin Donuts, 141 Mass. Avenue
Dunkin Donuts, 10 Woburn Street
Element Lexington
Ixtapa Cantina Mexican Family Restaurant
Khushboo
Lemon Grass
Lexington Elks
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Selectmen’s Meeting – December 8, 2008
Common Victualler (continued)
Lexington Golf Club
Lexington House of Pizza
Lexx Restaurant
Mario’s Italian Restaurant
McDonald’s
Minuteman Regional Vocational Technical School District
Nick’s Place
Not Your Average Joe’s
Peet’s Coffee & Tea
Pine Meadows Golf Club
Quality Inn & Suites
Starbucks Coffee, 60 Bedford Street
Starbucks Coffee, 1729 Mass. Avenue
Teppanyaki Asian Cuisine
Three Gorges of Lexington
Upper Crust
Via Lago
Vinny T’s of Boston
Yangtze River Restaurant
Entertainment
Aloft Lexington
Element Lexington
Lexx Restaurant
Not Your Average Joe’s
Teppanyaki Asian Cuisine
Upper Crust
Club Liquor
Lexington Golf Club
All Alcohol Restaurant Liquor
Bertucci’s Brick Oven Ristorante
Dabin Restaurant
Ixtapa Cantina Mexican Family Restaurant
Khushboo
Teppanyaki Asian Cuisine
Tio Juan’s Margaritas Restaurant
Vinny T’s of Boston
Yangtze River Restaurant
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Selectmen’s Meeting – December 8, 2008
Innholder Liquor
Aloft Lexington
Element Lexington
Lodging/Innkeeper
Aloft Lexington
Element Lexington
Quality Inn & Suites
Wild Acre Inn
Package Store Liquor
Berman’s Wine & Spirits
Busa Brothers Liquors, Inc.
Nikki’s Fine Wine & Spirits
Omni’s Crushed Grapes and Moore
Wine and Malt Restaurant Liquor
Daikanyama Japanese Cuisine
Reappointment – Town Report Committee
Upon motion duly made and seconded, it was voted to reappoint Anne Leary to the Town Report
Committee for a one-year term to expire September 30, 2009.
Consent Agenda
One-Day Liquor License – Lexington Historical Society
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Historical Society to serve beer and wine at a Cocktail Party/Fundraiser on
Saturday, January 10, 2009, from 6:00 p.m. to 7:30 p.m. at the Depot Building.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote to go into executive
session for discussion regarding disposition of real estate, with no intent to return to open
session.
Upon motion duly made and seconded, it was voted to adjourn at 8:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 11, 2008
A special meeting of the Board of Selectmen was held on Thursday, December 11, 2008, at 8:00
a.m. in the Selectmen’s Meeting Room for Department Budget Presentations. Chairman Cohen,
Mrs. Krieger, Mr. Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms.
Pease, Executive Clerk, were present.
FY 2010 Budget Presentations
DPW General Fund
Mr. Hadley presented the DPW FY2010 Budget Requests: Level Service Requests: DPW
Administration $508,641; Engineering $533,592; Street Lighting $390,583; Highway $976,861;
Road Machinery $705,452; Snow Removal $706,925; Parks Division $872,292; Forestry
$242,628; Cemetery $265,024; Refuse Collection $725,000; Recycling $778,950; Refuse
Disposal $588,800; Building Maintenance $0; Lexpress $436,702; Parking Operations $138,418.
Total Level Service Budget: $7,869,868.
Program Improvement Requests: Tree Planting $24,000.
Department Goals include: maintain smooth transition of services throughout the relocation of
operations and administration to the new DPW Facility; continue the American Public Works
Association self assessment portion of the Accreditation process; support implementation of
GIS; explore long-term alternative disposal options for refuse disposal and collection; work with
the Energy Committee to improve energy efficiency and savings; and establish a regular tree
planting program.
Water Enterprise
Mr. Hadley presented the FY2010 Water Enterprise Budget Requests: Water Operations
$2,179,100; MWRA $5,250,763; Indirects $782,176. Total Water Enterprise Budget
$8,212,039.
Department Goals include: continue with the hydrant maintenance program; complete the
Town-wide meter change out by installing the last 3200 meters to replace meters that cannot be
read electronically; recertify two employees in Backflow/Cross-Connection Devices and plan
and implement a Backflow testing program for the 2400 plus irrigation meters that have been
installed and forgotten; reduce the amount of Pit Meters in Town and change out the manual
reads on the ones that cannot be eliminated; and update all the “paper tie cards” for GIS
implementation.
The FY2010 budget for the PILOT has been reduced to zero, elminating the PILOT from the
budget completely. The MWRA request for 15% is based on the actual FY2009 assessment. Per
MWRA, there will be no impact on residents this year.
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Budget Presentations – December 11, 2008
Sewer Enterprise
Mr. Hadley presented the FY2010 Sewer Enterprise Budget Requests: Sewer Enterprise
$1,328,306; MWRA $6,733,490; Indirects $691,763. Total Sewer Enterprise Budget
$8,753,559.
Department Goals include: continue to rehab and refurbish all 9 pump stations and bring them
up to OSHA standards; clear and repair all access routes to all sewer easements; prioritize and
repair problem areas; continue pipe flushing program and root removal in all problem areas; and
initiate an educational program for the entire Town as to the costs and problems created by
inflow and infiltration.
The FY2010 Sewer Operating Expenses request has been decreased by $62,500 for the fourth
year to complete the PILOT reduction. The MWRA request for FY2010 is a 15% increase over
the actual FY2009 assessment.
Town Manager
Ms. Vine and Ms. Casey presented the Town Manager FY2010 Budget Requests. Level Service
Requests: Organizational Dir. and Administration $556,706 and Human Resources $123,167.
Total Level Service Budget $679,873.
Program Improvement Requests: Classification and Compensation Study $16,500; Part-Time
Administrative Assistant $20,000; and Pre-Employment Physicals $5,000. Total Program
Improvement Requests: $41,500
Department Goals include: address Youth, Family and Senior Service Program Model; create
multi-year professional development plan; plan for space reallocation in the Town Office
Building; continue Town website enhancements; continue to develop and enhance the Human
Resource function for the organization; negotiate collective bargaining agreements for all
municipal unions, associations and the Health Insurance Coalition.
Town Committees
Ms. Vine presented the Town Committees FY2010 Budget Requests. Level Service Requests:
Financial Committees $1,500; Miscellaneous Boards and Committees $4,700; Public
Celebrations $30,000. Total Level Service Requests: $36,200.
Mr. Valente requested guidance from the Selectmen on prioritizing budget requests.
Board of Selectmen
Ms. Pease presented the Board of Selectmen FY2010 Budget Request: Level Service Requests:
Selectmen’s Office $157,437; Legal $375,000; Town Report $7,000; and LCTV $400,000.
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Budget Presentations – December 11, 2008
Lexington’s Legislators
It would be helpful to have Lexington’s Legislators invited to a Selectmen’s meeting to discuss
how the existing laws make it difficult to work with consortiums. Having fewer state restraints
would benefit Lexington and other communities.
Upon motion duly made and seconded, it was voted to adjourn at 10:05 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 15, 2008
A regular meeting of the Board of Selectmen was held on Monday, December 15, 2008, at 7:30
p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger,
Mr. Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to
the Executive Clerk, were present.
Public Comment
Ms. Rawson, Library Director, spoke about the future of the Stone Building / East Branch
Library which was closed due to a flood. A complete analysis of the building was undertaken in
August 2008 and letters of interest were presented at a public meeting in October 2008. The
Board of Library Trustees intend to incorporate elements from several of the letters of interest
while using the Town’s proposal for a Heritage Center as the principle concept. It is anticipated
that there will be some type of library presence in the building as well. Information regarding
the trustees recommended use of the building is and will continue to be available on the Cary
Library website.
Town Manager Report
Mr. Valente reported that the Town provided equipment and staff to neighboring communities
that recently lost power due to the serious ice storm.
Grant of Location – Verizon – Douglas Road
Mr. Chen, 18 Douglas Rd., pointed out that the proposed utility would be placed in the right of
way on the west side of Douglas Road and asked whether the land was owned by him or by the
Town. Mr. Cohen explained that the Town either owns the land or has an easement upon it. In
either case the Town has the right to place utilities and so forth.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon New
England Inc. 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, easterly at Pole
number 338/8 a distance of about 40 feet +/- of conduit.
Farmer’s Market Recap
Ms. DeMarta, Farmer’s Market Manager, presented the 2008 Farmer’s Market Year End Report.
The market had a successful year with an increase in customer attendance and estimated gross
sales of over $400,000. Many volunteers, entertainers, special events, and corporate sponsors
contributed to the market’s success. 2008 will be Ms. DeMarta’s last year as Market Manager.
The market will continue to be managed by Ms. Deliso and Ms. Jackson.
Mr. Cohen thanked Ms. DeMarta and all the volunteers. The Farmer’s Market has become a
wonderful institution in Lexington.
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Selectmen’s Meeting – December 15, 2008
Theatre License Renewal
Mr. Siy, the new owner, presented the application of the Lexington Theatre Project, Inc. d/b/a
The Flick, to renew two theatre licenses for weekdays and Sundays. Mr. Siy described his plans
for renovating the theatre. He has already installed a new fire system that the Fire Department is
very pleased with.
Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue two
theatre licenses to the Lexington Theatre Project, Inc. d/b/a The Flick for Cinema 1 and 2 to
show movies on weekdays and Sundays.
Budget Presentation – Human Services
Ms. Rodgers, Human Services Director, presented the FY2010 proposed Human Services
Budget. Because of the extensive reorganization and staffing changes in this department, it was
difficult to prepare a level services budget. This budget represents the reorganization plan
adopted by the Board this past fall.
Level Services Requests: Administration $166,012; Community Programs $128,688; Supportive
Day Care $191,274; Human Services and Veterans Administration $70,871; Services for Youth
$73,728; Senior Services $94,272; Developmentally Disabled $14,839. The requested FY2010
operating budget of $739,684 is a decrease of $73,703 or 9.06%.
Departmental Goals: Evaluation of Adult Supportive Day Care Program; Assessment of the
function and interactions of community boards; Strengthen interdepartmental collaboration in the
provision of Human Services in the Town; Provide a warm and welcoming Senior Center.
Request for Legislation – Housing Court
Ms. Mullins, Director of Community Development, presented the request to pursue legislation
that would include Lexington in the Northeast Housing Court. For a number of years, the Town
has had difficulty in enforcing Town bylaws, particularly those related to land/property use.
While the Town can impose fines for bylaw violations under the non-criminal disposition bylaw,
violators regularly ignore those fines. To enforce the fines requires filing a complaint with the
District Court. The District Court is reluctant to take on these matters because of its other
workload demands.
In looking for alternatives, Building Commissioner Garry Rhodes suggested the use of the
Northeast Housing Court. Staff has met with the Housing Court and they are receptive to
Lexington being included in this district. Mr. Valente has spoken with Representative
Kaufman’s office and a bill amending the existing statute to include Lexington would need to be
filed by mid-January. The Town Manager is also checking to see whether this requires a Home
Rule Petition.
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Selectmen’s Meeting – December 15, 2008
Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to draft
a letter from the Selectmen to the Town’s legislators requesting an amendment to MGL Chapter
185C, Section 1 to include Lexington in the Northeast Housing Court.
License Renewals
Mr. Busa of Vinebrook Bottle Shop reported on the steps he has taken at his shop to prevent the
sale of alcohol to minors.
Upon motion duly made and seconded, it was voted 5-0 to approve the following license
renewals for 2009:
Common Carrier
Joseph’s Transportation, Inc.
Common Victualler
Bollywood Café
Dunkin Donuts, 373 Waltham Street
Max Stein’s American on Hartwell
Rancatore Ice Cream
Seattle’s Best Coffee (renamed Brewed Awakening Café)
Short Order Gourmet
Entertainment
Max Stein’s American on Hartwell
Liquor Club
Lexington Elks
Lexington VFW
Liquor Restaurant
Lexx
Not Your Average Joe’s
Upper Crust
Package Store
Lexington Liquor Mart
Upon motion duly made and seconded, it was voted 5-0 to approve the renewal of liquor licenses
for the Knights of Columbus, Lemon Grass Restaurant, and Via Lago subject to receiving a
Certificate of Fire Inspection.
Upon motion duly made and seconded it was voted 5-0 to approve the renewal of a liquor license
for Max Stein’s, subject to final payment of the outstanding water/sewer bill.
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Selectmen’s Meeting – December 15, 2008
Town Hall and Fire Station Building Studies
Fire Station
Chief Middlemiss presented the Fire Station Study prepared by the Maguire Group. Based on
the building assessment and space needs study, the architects outlined the following options
available to the Town:
Option A: Construct an apparatus addition to the rear of the existing facility.
Option B: Tear down the existing facility and construct a new Fire Headquarters.
Option C: Maintain the station as is, and perform the modifications identified in
Part I of the report.
Mr. Valente explained that the Permanent Building Committee is looking further in to Options A
and B, and will provide additional information upon which the Board can make a decision.
Town Hall
Mr. Valente presented the Building Evaluation of the Lexington Town Hall prepared by
Bargmann Hendris & Archetype, Inc. Because of the complexity of this project, Mr. Valente is
not satisfied with the two options recommended in the study. He suggested asking for a small
amount of additional money to do further schematic designs, but not to ask for construction
funds at the upcoming Town Meeting.
Committee Requests for Funding Articles
Each year various Selectmen committees put forth proposals for additional funding outside the
normal budget process. The Board discussed whether, as a matter of courtesy, they should agree
to insert a committee’s proposed article in the warrant even though the Selectmen may not be
supportive, or alternatively whether the committee should be required to obtain the necessary
signatures to insert the article as a citizen’s request.
Mrs. McKenna, Chair of the Tourism Committee, would like to insert an article for the upcoming
Town Meeting, without the requirement of obtaining the necessary signatures. Mr. Ott, a
member of the Tourism Committee and former director of the National Heritage Museum, spoke
in support of Mrs. McKenna.
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Considering that the deadline for signatures is December 29, the consensus of the Board was to
allow the Tourism Committee to insert an article in the warrant, but to examine the policy further
in the future and possibly make a distinction between financial requests and those involving a
change in a committee’s bylaw, for example.
Resolution in Support of Mass Recycles Paper! Campaign
Mrs. Krieger requested that the Selectmen consider supporting the Mass Recycles Paper!
Campaign by signing a resolution to send to MassRecycle.
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Selectmen’s Meeting – December 15, 2008
Upon motion duly made and seconded, it was voted 5-0 to sign a resolution in support of the
Mass Recycles Paper! Campaign.
Resignation – Energy Conservation Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Myla Kabat-
Zinn from the Energy Conservation Committee, effective immediately.
Consent Agenda
Battle Green Use – Patriot’s Day
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Minute Men to use the Battle Green on Sunday, April 5, 2009 from 2:00 to 4:00 p.m. for the
dress rehearsal of the annual reenactment of the Battle of Lexington.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 24,
2008, December 1, 2008, December 3, 2008, December 4, 2008, December 8, 2008 (Budget
Presentations) and December 8, 2008 (regular meeting).
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of December 8, 2008.
Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk