HomeMy WebLinkAbout2007-03-BOS-min
Budget Collaboration/Financial Summit 4
March 1, 2007
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to immediately go into
executive session at 5:30 p.m. in the Ellen Stone Room in Cary Memorial Building for the
purpose of contract negotiations, with the intent to return to open session at approximately
7:30 p.m. for a Budget Collaboration/Summit meeting in Cary Auditorium.
Budget Collaboration/Financial Summit 4
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was
held on Thursday, March 1, 2007, at 7:30 p.m. in Cary Hall Auditorium. Present: Chairman
Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager, Ms.
Pease, Executive Clerk; all members of the School Committee, except Mr. Sakhuja; and Ms.
Sarasin, Deputy Superintendent for Curriculum, Instruction and Professional Development;
all members of the Appropriation Committee; all members of the Capital Expenditures
Committee with the exception of Mr. Borghesani.
FY2008 Capital Budget Update
Mr. Lamb updated everyone on CEC’s recommendations for capital items. The CEC has
approved all of the requested capital items with a few exceptions:
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Article 26h – CPA – Cary Hall Improvements – Architectural Concept &
Performance Studies – CEC recommends waiting until the Feasibility Study has been
completed before $70,000 is appropriated for the architectural concept and
performance studies.
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Article 26i – CPA – Unifying Signage – CEC has to reconcile a few numbers.
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Article 26j – CPA – Douglas House – CEC recommends funds be approved
contingent on the applicant paying real estate taxes or a PILOT.
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Article 26l – CPA – Muzzey Condominium Architectural Study – CEC recommends
only $11,900 which represents the percentage of the building owned by the Town.
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Article 27 – Land Purchase – Off of Lowell Street – CEC waiting for information.
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Article 27 – Land Purchase – Off of Adams Street – CEC waiting for information.
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Article 31f – Municipal Capital - Storm Drain Improvements – Lake Street
Reconstruction – CEC recommends $40K for D/E only.
Budget Collaboration/Financial Summit 4 – March 1, 2007
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Article 31j – Municipal Capital - Building Envelope – ADA – CEC needs additional
details.
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Article 31k – Municipal Capital - Munroe Art Center Fire Alarms – CEC
recommends funds come from CPA
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Article 34 – School Capital – CEC reduced recommended amounts for: a) Classroom
FF&E; b) Interior Finishes; c) Roof Replacement at LHS; f) LHS and Estabrook
Paving.
The Capital Expenditures Committee is waiting for information regarding the following
articles:
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Article 35 – Senior Center Design/Conceptual Study
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Article 36 – DPW Facility
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Article 12 – Transfer of Barnes Property (White House) to Selectmen
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Article 38 – Rescind Prior Borrowing Authorization
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Article 39b – Establish and Appropriate to Specified Stabilization Funds (Traffic
Mitigation)
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Article 40 - Appropriate to Stabilization Fund
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Article 43 – Appropriate for Authorized Capital Improvement
Selectmen feel Munroe Center for the Arts is a safety concern and do not want to delay
getting the fire alarm work done immediately. However, the question of the center’s license
must be resolved soon as well.
Mr. Griffiths is uncomfortable with the recommendation of the CEC for $710,000 to come
from energy savings.
The group discussed energy savings and what the aggregate savings and costs would be in
connection with the financing of projects to save energy. Mr. Cohen suggested that the
School Committee speak to the town financial advisor to explore the issue and also speak to
Town Counsel to see if all energy improvements have to be bid. The Selectmen would like
to have numbers on projects for use in planning debt in future years.
The Selectmen requested that the School Committee provide a list of capital projects with
savings associated therewith.
FY2008 Budget – Municipal
Mr. Valente reviewed the FY2008 Municipal Budget. There was a $630,000 gap. The Town
will see savings of $325,000 associated with new contracts for solid waste and recycling. To
cover the remaining $305,000 the Selectmen voted on a list of items for service reductions,
program savings, budget flexibility reductions, deferrals and revenue/fee increases.
Budget Collaboration/Financial Summit 4 – March 1, 2007
The Minuteman Tech has sent notice that the budget request for FY2008 will be $1,236,000.
The School Committee plans to review their budget at its meeting on March 6 and then
expects to vote on the bottom line on March 15. The School Committee expects to provide a
list of at risk items at the next Summit.
Mr. Valente reviewed the current proposed State Budget and how it will affect Lexington. It
is reasonable to expect approximately $280,000 additional. Mr. Valente suggests that the
money from the state be used to cover the Minuteman Tech gap.
Upon motion duly made and seconded, it was voted 5-0 to offset the Minuteman Tech
increase with the expected state aid amount expected.
Budget Schedule
Mr. Young expects to have the budget available on March 9 so that Town Meeting can start
discussing financial articles on April 9. That would provide two nights of budget discussion
prior to the April vacation week.
The School Committee will not have the School budget numbers ready to put into the budget
book until after March 13.
After much discussion among the four groups, it was decided that the municipal budget
would be available on-line on March 9, 2007. Copies would be made available for anyone
that requests one. That will allow financial articles to be discussed prior to school vacation.
The purpose of the next two summit meetings will be to discuss capital financing and the
School budget.
It was decided to meet at 6:00 p.m. on Thursday, March 15, 2007, to discuss capital
financing and at 6:00 p.m. on Wednesday, March 21, 2007, to discuss the school budget.
Both these meetings are being held prior to TMMA information meetings.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote 5-0 to go into executive
session to discuss collective bargaining, not to return to open session.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
March 12, 2007
A regular meeting of the Board of Selectmen was held on Monday, March 12, 2007, at 6:30
p.m. in Cary Auditorium. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz; Mr.
Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 4-0 to immediately go into
executive session at 6:30 p.m. in the Ellen Stone Room in Cary Memorial Building for the
purpose of collective bargaining, with the intent to return to open session at approximately
7:30 p.m. for a regular Selectmen’s Meeting in Cary Auditorium.
Public Comment
Larry Link, Precinct 9 and member of the Lexington Interfaith Coalition, spoke of the
importance of affordable housing in Lexington and that we should support the Inclusionary
Zoning By-Law.
George Jackman, Global Warming Action Coalition (GWAC), updated the Selectmen on a
program currently running called The Lexington High School Solar Challenge where the
Town can win free solar panels for the high school, which power two classrooms. For every
150 households that make contributions of $100 or greater to New England Wind Fund the
high school will receive a solar panel. They have already received one and are close to
receiving a second solar panel. Look for another upcoming GWAC event called “Step it up
2007” on Saturday, April 14, 2007 from 12:00 noon to 2:00 p.m. at the Hastings Bandstand.
Selectmen Concerns and Liaison Reports
Mr. Cohen and Mr. Manz visited the Cotting School earlier today and were very pleased to
be invited and thought it was a wonderful school that serves the needs of special education
students.
Mrs. Krieger wants to invite the Lexington State delegation to Town Meeting to update
everyone on state aid and other issues. She has spoken to Gloria Bloom, TMMA, and
Margery Battin, Moderator, who are fine with the invitation. The Selectmen all agreed it was
a good idea.
Mrs. Krieger would like to send a letter to “Keep It Local MA”, a group who is opposed to
the proposed statewide franchising regulation, saying that Lexington is also opposed. The
Selectmen agreed that a letter should be sent.
Selectmen’s Meeting – March 12, 2007
Town Manager Report
Mr. Valente read a statement regarding the comments by the Lexington Police Association
regarding the Association questioning the Town’s management decisions that was in the
Lexington Minuteman on March 8, 2007.
Report from the No Place for Hate Committee
Chief Chris Casey and Jill Smilow, No Place For Hate, updated the Selectmen and citizens
about the hate crime that occurred in Lexington Center at around noontime on March 7,
2007.
Discussion of Center Sidewalk Material
Mr. Hadley, DPW Director, and Mr. Cannon, Assistant Town Engineer, reviewed the process
for selecting wire-cut brick and using structured soil for the Center Business sidewalks. The
pilot program will be from the corner of Massachusetts Avenue at Waltham Street up through
the alley at Michelson Shoes. This pilot program was agreed upon with representatives from
the Lexington Center Committee, Design Advisory Committee, Sidewalk Committee, and
Tree Committee. The Historic Districts Commission has also approved the project and the
Commission on Disability was a participant in the discussions.
The Commission on Disability has some reservations about the sidewalk material and wants
to know what the performance criteria will be, the length of the pilot and then how will we
know the material works. The Selectmen plan to review the pilot program prior to
continuing the next phase of sidewalk construction.
Upon motion duly made and seconded, it was voted 3-1 (Kelley opposed) to approve the
recommended sidewalk material and installation, specifically wire-cut brick and structured
soil, as agreed upon by the Historic Districts Commission, Lexington Center Committee,
Design Advisory Committee, Sidewalk Committee and Tree Committee, subject to
reexamination prior to construction of any further sidewalks in the center.
2020 Vision Economic Development Task Force Report
Mr. Zurlo, Co-Chair of the 2020 Vision Economic Development Task Force (EDTF),
presented an interim report to the Selectmen. The charge of the EDTF is to:
1. Engage the community in education about our existing businesses and potential for
further commercial development in Lexington and elicit community opinion on these
issues;
2. Conduct a modeling exercise through which community members could explicitly
examine the tradeoffs associated with various commercial development choices vs.
the affordability of current and expected public services;
Selectmen’s Meeting – March 12, 2007
3. Examine with the public various regulatory issues affecting prospects for the current
business sector in town and for future commercial development, and the structure of
Lexington’s complex regulatory and advisory system bearing on development
decision;
4. Coordinate the work and that of the 2020 Vision Task Force on sustainability and
incorporate considerations of sustainable development in its own work and
recommendations; and
5. Based on the previous steps work with town officials to arrive at an effective
workable mission for Lexington’s economic development officer.
The EDTF will focus on permitting and regulation, communications, financial impact and
modeling and an Economic Development Officer.
The EDTF’s progress and findings to date are:
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Permitting and Regulation Sub-group began interviewing local businesses regarding
ease of process and they evaluated current zoning districts and reviewed zoning and
policy initiatives focused on economic development.
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Communications Sub-group issued its first press release announcing that the task
force is soliciting input and there will be feature coverage soon.
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Financial Impact and Modeling Sub-group looked at a pro-forma of a status scenario
developed by Paul Hamburger and an analysis of development potential prepared by
Larry Smith of Cranberry Hill Associates.
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Economic Development Officer (EDO) Sub-group interviewed EDO’s of other
towns, refined the EDO job description and reported that the Town Manager is
currently in the hiring process. The EDO will require support and resources in order
to be successful potentially through an on-going Economic Development Advisory
Committee and with access to expertise and resources.
The EDTF next steps are to request a transfer of the 2006 unpaid EDO salary dollars for a
consultant ($40,000), look at potential areas for a consultant focus, assist in hiring EDO as
needed, study impact and modeling results from the consultant’s information relating to
permitting and regulation, complete evaluation of permitting process, and provide
community education on issues/solicitation of input.
Mrs. McKenna is concerned that the focus of the Economic Development Officer will be too
narrow and that tourism is one of the strongest economic items and it should belong to the
EDO.
Selectmen’s Meeting – March 12, 2007
2020 Vision Sustainability Task Force Report
Toby Sackton, member of the Vision 2020 Sustainability Task Force, presented an evaluation
and recommendation regarding Cities for Climate Protection. The Sustainability Task Force
is charged to recommend actions that the town may take to mitigate climate change and
reduce greenhouse gas emissions, include a broad representation from Lexington, identify
benefits to town and private sector, evaluate links and activities inside and outside of town
that can help and identify cost to town, support activities within town, and to educate the
town.
The major issue is that carbon dioxide is accumulating in the atmosphere much faster than
scientists expected, raising fears that human kind may have less time to tackle climate change
than previously thought.
The task force makes the following recommendations: that Lexington develop and execute a
Climate Action Plan; that Lexington join the “Cities for Climate Protection” program; that
Lexington establish a “Sustainable Lexington” Committee to oversee the development and
implementation of the Climate Action Plan (CAP), including education in the community.
A Climate Action Plan document would identify Lexington’s current emissions levels,
strategies for reducing emissions, target level for reduced emissions and measures for
monitoring progress towards the reduced emissions goal.
Milestones of a Cities for Climate Protection Program (CCP) include: conducting a baseline
inventory of Lexington’s global warming pollutants, developing a local CAP to identify the
most efficient and practical actions to reduce global warming pollution, establish a
community target for lower emissions, implement the local CAP and measure, verify and
report performance.
The cost to join the Cities for Climate Protection Program is $600.00. Benefits of joining
include: software products and associated training, access to a professional network of peers,
training workshops for staff and elected officials, technical assistance, notification of relevant
grant opportunities, and assistance in publicizing local climate protection successes.
In conclusion, many groups in town are working toward reducing green house gases, energy
conservation and sustainable lifestyles; membership in Cities for Climate Protection will
associate Lexington with greenhouse gas reduction programs around the world and will
provide significant structure, support and advice toward our programs and creating a
sustainability committee or subcommittee will help facilitate the introduction of Cities for
Climate Protection and the reduction of energy consumption and greenhouse gas production
within Lexington.
Selectmen’s Meeting – March 12, 2007
The 2020 Vision Sustainability Task Force recommends that Lexington join the Cities for
Climate Protection Program; that the Selectmen appoint an ad hoc committee with a limited
term to oversee the development and implementation of a Lexington climate plan (the Task
Force will provide a draft charge); and that the goal of establishing a Lexington Climate Plan
be part of the annual visioning and goal setting process to determine the best way to develop
a Town liaison with this effort.
Mrs. Krieger feels the Town has accomplished a lot but has not measured the impact, so we
do not know what the baseline is and what the measured improvements would be. She feels it
is important to join Cities for Climate Protection and to establish an energy inventory.
Upon motion duly made and seconded, it was voted 4-0 to accept the recommendations of
the 2020 Vision Sustainability Task Force and to proceed.
Article Positions/Presentations
Article 4 – Zoning By-Law, Inclusionary Zoning
Ms. Manz, Chair, Mr. Hornig and Mr. Zurlo, of the Planning Board presented the
Inclusionary Housing proposed Zoning Bylaw Amendment. The Inclusionary Housing
Bylaw would cover general objectives, applicability, inclusionary units, inclusionary credits,
continuing affordability, development design, multiple site provisions, significant public
benefit, segmentation and expedited review. The Bylaw would only apply to developments
of 5 or more residential units. Residential developments, which add new dwelling units,
must also create a proportionate number of “inclusionary units” which are affordable in
perpetuity. The number is based on 15% of added dwelling units being affordable at 80% of
Area Median Income. The bylaw would also provide many alternative ways to meet the
requirements. Developments that meet the bylaw requirements will be approved.
The Planning Board supports this article 4-1 (Mr. Galaitsis opposed).
Mr. Bicknell, Chair of the Housing Partnership Board, would like the Selectmen to support
this article to address a housing imbalance. The benefits of affordable housing are:
businesses find it easier to hire and retain employees who are able to live within a reasonable
commuting distance, the town benefits from employees living here because they are more
interested in its future and activities; senior citizens have the choice to remain in the town
where they have roots and younger families can find homes and become a revitalizing factor
in town.
Mr. Galaitsis, member of the Planning Board, presented his minority report. He supports
affordable housing but disagrees on how best to achieve it. The small group that this affects
should not have to finance affordable housing.
Mr. Terry has lived in Lexington for 50 years and feels the cost burden would be put on a
small minority.
Selectmen’s Meeting – March 12, 2007
Mr. Gabler, Precinct 1, is for Inclusionary Zoning but against the method. Feels the burden
will be on a small group of older people.
Ms. Cohen, Precinct 5, is in favor of the article and feels the benefits far outweigh the cost.
Article 5 – Zoning By-Law, Tree Management
Mr. Canale stated that the objective of the By-Law amendment is to more explicitly include
the protection of trees as a part of the findings and determinations required when the
Planning Board or the Zoning Board of Appeals grants a special permit or a special permit
with site plan review. It will become part of the standard submission for those projects under
the jurisdiction of the Planning Board and the Zoning Board of Appeals. The individual
jurisdictions are retained, but it will enhance the consistency between the requirements of the
various permitting bodies in town by including as part of a landscaping plan a tree plan that
more closely parallels the standards found in the Tree Bylaw.
Article 13 – Amend Tree Bylaw
Mr. Pinsonneault, Superintendent of Public Grounds, and the Tree Committee want to
strengthen the current Tree Bylaw in five ways:
1. Extend the possibility of protection to certain trees that are 6 inches in diameter rather
than the current 8-inch minimum.
2. Simplify interpretation and enforcement by creating a single general rule for defining
the set back area that is uniform across all town zones.
3. Specify the types of replacement evergreens that are acceptable.
4. Provide measures and remedies to ensure that the trees covered by the By-law are
also protected from loss due to construction damage.
5. Indicate that the Lexington Tree Manual is the standard for tree planting, maintenance
and protection in the town.
Article 15 – Amend Demolition Delay Bylaw
Mr. Kelland, Chair of the Historical Commission, stated that the purpose of the article is to
strengthen the Town’s Demolition Delay Bylaw together with the addition of a new feature
relating to the stabilization of buildings undergoing “demolition by neglect”. The Article
also cures certain ambiguities that have plagued its implementation. The Historical
Commission consulted with Town Counsel, Building Commissioner, Planning Board and
Selectmen in preparing the proposed changes to the bylaw.
The effects of the article would be to delay total or partial demolitions by extending
demolition delay from 6 to 18 months, which would still be imposed at the discretion of the
Historical Commission.
Selectmen’s Meeting – March 12, 2007
Demolition by neglect would impose remedies for unoccupied buildings left to decay and for
structural failure or severe degradation over a period of time due to a general lack of
maintenance. It would also enable the Building Commissioner to require that specific repairs
be made to secure such unoccupied buildings, prevent further deterioration and structurally
stabilize them, unless the deteriorating buildings pose a threat to public safety.
Mr. Kelley was concerned that the residents do not know if their homes are included on the
list of historically significant homes and feels it is the responsibility of the Historical
Commission to send a mailing informing residents.
Article Positions
The Selectmen took positions on the following articles of which a majority supports:
Article 5, Zoning By-Law, Tree Management
Article 13, Amend Tree Bylaw
Article 15, Amend Demolition Delay Bylaw
Consent Agenda
Reenactment of Arrival of Paul Revere and William Dawes at Hancock-Clarke House
Upon motion duly made and seconded, it was voted 4-0 to approve the request of the
Lexington Historical Society and the Lexington Company of Minute Men to do the annual
reenactment of the arrival of Paul Revere and William Dawes at the Hancock Clarke House.
The reenactment will begin Sunday, April 15, 2007 at 10:30 p.m. and will continue into the
early hours of Monday, April 16, 2007.
Proclamation – Arbor Day
Upon motion duly made and seconded, it was voted 4-0 to sign a proclamation to proclaim
April 27, 2007 as Arbor Day in the Town of Lexington and to urge all citizens to support
efforts to protect our trees and woodlands and to support our town’s urban forestry program.
One-Day Liquor License – Lexington Symphony
Upon motion duly made and seconded, it was voted 4-0 to approve a one-day liquor license
for Lexington Symphony for Sunday, April 15, 2007 from 5:00 p.m. to 7:30 p.m. for a gala
reception for the season finale and a fundraiser.
Minutes
Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of February
26, 2007 and March 1, 2007.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 4-0 to approve the executive session
minutes of February 26, 2007 and March 1, 2007.
Selectmen’s Meeting – March 12, 2007
One-Day Liquor License – The Waldorf School
Upon motion duly made and seconded, it was voted 4-0 to approve the request for a one-day
liquor license for The Waldorf School on Friday, March 16, 2007, from 7:00 p.m. to 11:00
p.m. at the Follen Church, 755 Mass. Avenue, for a Benefit Concert for the Music
Scholarship Fund.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 4-0 to return to executive
session in the Ellen Stone Room in Cary Memorial Building for the purpose of contract
negotiations, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 11:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Budget Collaboration/Financial Summit 5
March 15, 2007
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was
held on Thursday, March 15, 2007, at 6:00 p.m. in Estabrook Hall. Present: Chairman
Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager, Ms.
Chabot, Assistant to the Executive Clerk; Mr. Ash, Superintendent; Ms. Dunn, Assistant
Superintendent; all members of the School Committee; all members of the Appropriation
Committee with the exception of Mr. Michelson; all members of the Capital Expenditures
Committee with the exception of Mr. Borghesani and Mr. Hurley.
School Capital Project Requests
Mr. Griffiths, School Committee, presented the School Committee Recommended Capital
Projects for FY2008. The Capital Budget proposal is divided into three pieces: projects
approved by the Capital Expenditures Committee ($910,000) using energy financing;
projects approved by the Capital Expenditures Committee ($2,100,000) using conventional
financing; and projects not approved by the Capital Expenditures Committee ($850,000)
using conventional financing.
Mr. Addelson, Finance Director, presented a chart comparing the School debt service in the
FY2008 Recommended Budget and Financing Plan (“the Brown Book”) with the debt
service in the revised proposal presented by the School Committee. The revised School
Capital Plan exceeds the debt service in the Brown Book by $13,613 in FY2008; $162,875 in
FY2009; $158, 895 in FY2010; $154,915 in FY2011; and $150,935 in FY2012. The
shortfall results if all of the School’s projects are to be financed. If items marked priority 3
and 4 are eliminated from the School’s proposal, the shortfall goes away.
Mr. Levine, Appropriation Committee, suggested funding all items on the School Committee
list except priority 4 projects. He said this could be done by borrowing for certain projects
over a 10 year period rather than a five year period and by reducing the amount of money the
Town puts into the stabilization fund from $1 million to $500,000. Other members of the
Appropriation Committee did not support this suggestion. Several members of the Capital
Expenditures Committee, Board of Selectmen, School Committee, and Mr. Valente also
voiced opposition to the idea.
Upon motion duly made and seconded, it was voted by the School Committee, Board of
Selectmen, and Capital Expenditures Committee to oppose reducing the amount of the tax
levy fund required to be deposited in the stabilization fund from $1 million to $500,000.
FY2008 Budget Update
Mr. Griffiths reported that $3,010,000 is the proposed capital budget for the School
Department.
Budget Collaboration/Financial Summit 5 – March 15, 2007
Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
March 19, 2007
A regular meeting of the Board of Selectmen was held on Monday, March 19, 2007, at 6:30
p.m. in Cary Auditorium. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr.
Burnell; Mr. Valente, Town Manager; Ms. Vine, Assistant Town Manager, and Ms.
Manning, Clerk, were present.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to go immediately into
executive session at 6:30 p.m. in the Ellen Stone Room in Cary Memorial Building for the
purpose of collective bargaining, with the intent to return to open session at approximately
7:30 p.m. for a regular Selectmen’s Meeting in Cary Auditorium.
Public Comment
Three students from Lexington High School addressed the board. The students encouraged
the Board to support Article 16, which would amend the General Bylaws to provide a
regulation for the idling of vehicle engines by adopting a new chapter of the General Bylaws
entitled “Engine Operation of Stopped Vehicles”. The students believe that adopting this
amendment will benefit the health of the citizens of Lexington and the environment.
Town Manager Report
Mr. Valente commended the DPW staff for a tremendous snow removal job after the
weekend snowstorm.
Commitment of Water / Sewer Charges
Upon motion duly made and seconded it was voted 5-0 to approve the following water and
sewer adjustments:
Commitment of Water / Sewer Charges for January 2007 $172,386.28
Commitment of Water / Sewer Charges for 2/1/2007 to 2/28/2007 $1,453.88
Lexington Minute Men – Adding Names to Monument
William Mix, representing the Minute Men, requested that the Board approve the addition of
three Lexington Militia names to the Lexington Minute Man Monument. Mr. Mix explained
that Thaddeus Bowan’s name should be added based on the fact that according to the 1825
depositions of E. Monroe Jr., W. Monroe and J. Underwood he was identified as the
individual who first reported the approach of the Regulars to Captain John Parker. Without
Thaddeus’ warning, the men of the Lexington Militia might have been taken completely
unawares by the Regulars and perhaps suffered even greater consequences than they did.
Selectmen’s Meeting – March 19, 2007
Sgt. Francis Brown, the name of the second addition being requested, is listed in E.
Phinney’s book as being wounded in the face in the afternoon pursuit of he Regulars. Of all
of those wounded that day, only the name of Sgt. Brown does not appear on the memorial
monument. Lastly, Nathaniel Wyman was killed during the afternoon pursuit of the
Regulars. He is the only individual who suffered death while under arms whose name does
not appear on the Lexington memorials dedicated to the men of 1775.
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Lexington Minute Men to add the names Thaddeus Bowman, Sgt. Francis Brown and
Nathaniel Wyman to the Monument to the Lexington Minute Men.
Traffic Safety Advisory Committee
Residents have requested a review of parking situations on Slocum Road, Grapevine Avenue
and at the Center Playground. Dave Cannon, Engineering, presented the requests and
proposed changes to the Board.
Slocum Road – No Parking
The first request, made by a resident of Slocum Road, was to extend the No Parking zone on
Slocum Street to include both sides of the street from Massachusetts Avenue 100’ Westerly.
Upon motion duly made and seconded, it was voted 5-0 to approve the change to the
regulations, to extend the No Parking Zone to include both sides of Slocum Road from
Massachusetts Avenue 100’ westerly, as recommended by the Traffic Safety Advisory
Committee.
Grapevine Avenue – No Parking
The next proposal was requested by a resident of Grapevine Avenue to add parking
restrictions on Grapevine Avenue due to safety concerns.
Upon motion duly made and seconded, it was voted 5-0 to post No Parking signs on
Grapevine Avenue, North, at Waltham Street Easterly 100’ to improve traffic flow and
maintain safety.
Center Playground – Request for Parking Spaces
The Lexington Pre-School Parent Teachers Association submitted this request. It is proposed
that two parking spaces adjacent to the existing Handicap spots at the Center Playground be
posted as two hour parking, 10:00 a.m. to 6:00 p.m. Monday through Friday to provide
access to the playground for parents with small children.
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed change to
the parking code as recommended by the Traffic Safety Advisory Committee and designate
two parking spaces 2 Hour Parking – 10:00 a.m. to 6:00 p.m. Monday through Friday, Center
Playground, Clarke Street.
Selectmen’s Meeting – March 19, 2007
Grant of Location - Verizon
Upon motion duly made and seconded, it was voted to approve the petition of Verizon to
relocate and/or install poles, wires, cables, and fixtures, including anchors, guys and other
such necessary sustaining and protecting fixtures along and across the following; On the
easterly side of Lowell Street, in the grass strip, adjacent to the sidewalk, place pole number
9-52/1, at a point which is 178 feet (+) from the corner of Winchester Drive and Lowell
Street.
Article Positions/Presentations
Article 31e Presentation-Geographic Information System
Peter Bujwid, a consultant, from Applied Geographic Inc. who has worked with town
employees putting together a GIS Needs Assessment and Implementation Plan explained the
GIS System and recommended a three year implementation plan.
The Selectmen support Article 31e.
Article 35 Community / Senior Center Conceptual Study
Mr. LaPointe, representing the Council on Aging (COA), reported that the COA supports
Article 16, which if approved by Town Meeting would reallocate $35,000 for a feasibility
study to determine if using the White House, either on its own, or in addition to the present
Senior Center in the Muzzey building would be sufficient space for a Community/Senior
Center.
The funding for the study would be the $35,000 unexpended balance from Article 8A of the
2000 Annual Town Meeting.
Mr. Lapointe stated that members of the Council on Aging believe that the combination of
the two buildings would be sufficient space to accommodate senior programs. The School
Committee has already agreed to turn the White House property over to the Town and the
COA sees this as an extraordinary opportunity.
Mr. Kelley had several concerns regarding whether or not the White House could
accommodate a senior facility. Mr. Kelley also asked if the COA had connected with the
Historic District Commission (HDC) to determine what parts of the property the HDC
wished to preserve.
Mr. Lapointe commented that many of Mr. Kelley’s questions could be answered by the
School Committee study done on this property in 2006 to determine if the building could be
renovated to accommodate the School Department Administration Offices. Mr. Burnell
asked if the COA would be willing to stipulate in the motion for this article exactly what the
committee hopes to accomplish through this study.
Selectmen’s Meeting – March 19, 2007
Mr. Lapointe said the COA would like the unanimous support of the Board when this motion
is presented at Town Meeting. It was decided that Mr. Lapointe would meet with Mr. Kelley
to address his concerns and review the previous study. The COA will meet with
representatives of the HDC to determine what part of the property the HDC requires be
preserved.
It was also decided that the COA would amend the motion to include language regarding
oversight of the project by the Board of Selectmen. Once the motion is completed it will be
presented to the Board prior to the Town Meeting vote.
Article 16 – Amend General ByLaws- Engine Operation of Stopped Vehicles
Anthony Galaitsis, representing the Article 40 Committee, reported that after three years of
research a majority of the committee is recommending Town Meeting vote to amend the
Code of the Town of Lexington to provide for the regulation of the idling of vehicle engines
by adopting a new Chapter of the General By-Laws entitled “Engine Operation of Stopped
Vehicles” and to provide for the enforcement of such provisions.
Mr. Galaitsis explained that Article 16 simply takes the state law and makes it a Town By-
law. The fines are clear and explicit, making it easier to enforce.
The vote of the committee was not unanimous, Mrs. Krieger, a member of the Article 40
Committee, spoke for the minority. Mrs. Krieger stated that it is her belief that education is
more important than enforcement and that the public needs to be further educated on the
hazards of engine idling before the Town begins enforcement.
Police Chief Casey stated that the police department’s program of traffic enforcement
prioritizes traffic violations that are the cause of traffic crashes involving pedestrians,
vehicles and bicyclists. The violations patrol officers target is offenses including but not
limited to, speeding, drunk driving, driving after license suspension, road rage, stop sign and
red light violations. Chief Casey applauds the work of the anti idling committee in raising
community awareness through its education campaign; nevertheless the priorities of the
patrol division’s traffic enforcement program must remain focused on dangerous driving
behavior.
Sheryl Mason. Precinct 7, suggested that the Town wait to see what effect the new Anti
Idling signs in Lexington Center have before adopting the state law.
Mrs. Krieger and Mr. Kelley do not support Article 16. Mr. Manz does support the article.
Mr. Cohen and Mr. Burnell will do some further research before taking a position.
Selectmen’s Meeting – March 19, 2007
Article 20-Resolution Requesting School Committee Policy on Safe Transport of
Special Education Children
Mrs. Frymer is requesting the Board support the passage of a resolution that would provide
for the safe transport of certain ill SPED students. The nonbinding resolution would request
that the Superintendent of Schools create and publish a policy identifying the need for a
monitor to ensure seat belt use. Such a policy would ensure that the driver remains in
compliance with the Child Passenger Law.
Mr. Cohen suggested that this issue should be presented to and acted upon by the School
Committee. Mrs. Frymer stated that she has been working with the School Committee for
two years and is not satisfied with the results.
Upon motion duly made and seconded, the Board voted 5-0 to support Article 20.
Article 23-Petition General Court to Increase Income Limits for Property Tax
Deferral
Benjamin Cohen presented Article 23 to the Board. Mr. Cohen began by saying that
property taxes can become a burden for fixed income seniors. A property tax deferral
provides tax relief to seniors without shifting the burden of funding town services unto
others. Mr. Cohen believes the current income limitation for the property tax deferral
program is unrealistically low. The intent of Article 23 is to “level the playing field”
regarding the eligibility requirements associated with the Senior Property Tax Deferral
Program (SPTD) and the Community Preservation Act (CPA).
Currently to participate in the SPTD, one must be 65 years of age or older while at the same
time - whether married or single - having a household income no greater than $40,000. To
qualify for a CPA 3% surcharge exemption one must be 60 years of age or older while-in the
case of a married couple - having an income no greater than $62,500 or in the case of a single
individual 60 years or older having an income no greater than $58,900. Mr. Cohen
emphasized the disparity within these income eligibility parameters.
Mr. Cohen reviewed the number of applicants and participants for the SPTD and Senior
Municipal Tax Work-off Program in 2006 and thus far in 2007. The number of participants
in these two programs combined is 49. The number of participants in the CPA 3% Surcharge
Exemption is 238.
If Article 23 passes at Town Meeting the Town would petition the state legislature for a
‘Home Rule’ Petition. The qualifying income would become $62,500, for a married couple
60 years old or older or $58,900 for a single person 60 years or older. Petitioning the General
Court for a Home Rule Petition would enable the Selectmen to raise the income levels of the
SPTD in annual increments of $5000 until such time as Senior Property Tax Deferral
eligibility
Selectmen’s Meeting – March 19, 2007
Parameters are consistent with those of the Community Preservation Act. Mr. Cohen asked
that the Board support this article.
Vicki Blier, speaking on behalf of the Tax Deferral and Exemption Study Committee said the
Committee does agree that the income limits need to be adjusted; however, the Committee
does not think the age requirement for the SPTD should be lowered to age 60.
The Board agreed to support the recommendations of the Committee and will not be
supporting the motion offered by Mr. Cohen.
Article 26-Appropriate for FY2008 Community Preservation Committee
Operating Budget and fro CPA Projects
Richard Pagett addressed the Board on behalf of the Community Preservation Committee
(CPC). The Committee will be recommending twelve projects to Town Meeting for
consideration and approval. Each of the twelve projects were evaluated based on criteria for
acceptable Community Preservation Act projects. In addition to the twelve projects the
committee is also recommending an allocation of $25,000 for administrative expenses.
The twelve projects are:
1. Center Playfields Drainage Engineering Study - $40,000. The Board unanimously
supports this recommendation.
2. Historic Cemetery Preservation at Ye Old Burial Ground and Monroe Cemetery -
$367,000. The Board unanimously supports this recommendation.
3. Improve Fire Monitoring at Lexington’s Historic Houses - $18,120. The Board
unanimously supports this recommendation.
4. New Boiler and Oil Tank for Buckman Tavern - $10,685. The Board unanimously
supports this recommendation.
5. Comprehensive Cultural Resources Survey of Lexington - $90,000. Mrs. Krieger
and Mr. Cohen support this recommendation, Mr. Kelley does not. Mr. Manz and
Mr. Burnell were not ready to take a position.
6. Greeley Village Window Replacement - $228,404. The Board unanimously
supports this recommendation.
7. Historic Building Evaluation Report - East Lexington Branch Library - $43,000.
Mrs. Krieger, Mr. Cohen and Mr. Manz support this article. Mr. Kelley does not.
Mr. Burnell was not prepared to take a position.
8. Cary Hall Restoration and Rehabilitation - $147,130. The Board unanimously
supports this article.
9. Tourism Signs - $18,360. The Board unanimously supports this project.
10. Supportive Living, Inc. Affordable Housing - $300,000 (15 Units for Brain-Injured
Persons, Rehabilitation of 7 Oakland Street). The Board unanimously supports this
project.
Selectmen’s Meeting – March 19, 2007
11. West Lexington Greenway Corridor - $125,000. The Board unanimously supports
this project.
12. Muzzy Condominium Building Study - $53,500. A majority of the Board supports
this project; Mr. Kelley is opposed.
The Board unanimously supports the recommendation of $25,000 of CPA funds being
allocated for administrative expenses.
The total cost of the twelve projects as well as the administrative expenses is $1,441,000.
Mr. Pagett briefly reviewed the status of 2006 CPA projects.
Article 4- Zoning By-Law, Inclusionary Zoning
The Board had a very brief discussion of Article 4. Mr. Kelley and Mr. Burnell do not
support this article. The other Selectmen do support this article.
Article 31, b-d and f-h Appropriate for Municipal Capital Projects and Equipment
The Selectmen took positions on the following items:
b. Wireless Fire Alarm Boxes. The Board unanimously supports this project.
c. DPW Equipment. The Board unanimously supports this project.
d. Woburn Street Reconstruction. The Board unanimously supports this project.
f. Storm Drain Improvements. The Board unanimously supports this project.
g. Sidewalk Improvements. A majority of the Board supports this project; Mr.
Burnell chose not to take a position.
h. Central Business District Sidewalks. The Board unanimously supports this
project.
i. Bikeway Repair/Repaving. The Board unanimously supports this project.
j. Building Envelope. A majority of the Board supports this project. Mr. Burnell is
waiting for further information before taking a position.
k. Munroe Center Fire Alarms. The Board unanimously supports this project.
l. Dam Repairs. The Board unanimously supports this project.
m. Traffic Mitigation. The Board unanimously supports this item.
n. Street Improvements. The Board unanimously supports this item.
o. Nstar Parking Lot. The Board unanimously supports this item.
p. Replacement of Fire Engine 5. The Board unanimously supports this item.
q. Hydrant Replacement. The Board unanimously supports this item.
Article 32- Appropriate for Water Distribution Improvements
The Board unanimously supports this article.
Article 33 - Appropriate for Sewer Improvements
33a. - Wastewater System Improvements
33b. - Pump Station Upgrades
Selectmen’s Meeting – March 19, 2007
The Board unanimously supports both items included in this article.
Approval of Use of PEG Funds for Audio Visual Systems
Municipal staff has been working with Mr. Manz, Mr. Becker, representing the
Communication Advisory Committee, and Mr. Preston, LexMedia, to design a new audio-
visual system for the Selectmen’s Meeting Room. The proposed system will cost
approximately $50,000.
Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Burnell abstained) to
authorize the expenditure of funds from the Cable TV Account and PEG Account for the
purchase and installation of audio-visual equipment for the Selectmen’s Meeting Room, as
shown in the AdTech proposal dated February 13, 2007, to be spent under the jurisdiction of
the Town Manager.
Governors Proposal for Local Option Revenue
The Town’s State Representatives have asked the Board to take a position on the options
proposed by the Governor in his proposed Municipal Legislation. The legislation would
allow towns to tax telecommunication equipment; increase the hotel occupancy tax to 5%
and raise the meal tax by 2%.
Upon motion duly made and seconded, it was voted 5-0 to send a letter stating the Town
supports making these options available.
Traffic Mitigation - Use of Transportation Demand Mitigation Funds
Residents have been working for several years to obtain a pedestrian initiated traffic light and
crosswalk to facilitate crossing Waltham Street at the Lexington-Waltham line. The
preferred location for the light is on the Waltham side of the border. Representative Stanley
has obtained $80,000 from Mass Highway to spend on the installation before July 1, 2007. It
is unlikely that the City of Waltham will appropriate the remaining necessary funds toward
this project. The Traffic Mitigation Group is suggesting that $70,000 of the $250,000 traffic
mitigation fund from the Avalon development at Met State for traffic improvements in South
Lexington be spent to fund the crosswalk. They based their recommendation on the
following facts: that the best place for the crosswalk is on the Waltham side of the border;
much of the traffic coming out of the shopping center turns left toward Lexington; we need
the crosswalk and putting it in Lexington would surely cost the Town more than $70,000.
Upon motion duly made and seconded, it was voted 3-2 (Mr. Kelley and Mr. Burnell
opposed) to appropriate $70,000 of Avalon traffic mitigation funds to help construct a
pedestrian activated light and crosswalk just south of the Lexington line on Waltham Street.
Selectmen’s Meeting – March 19, 2007
Appointment - Historical Commission
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Marilyn Fenollosa to the Historical Commission for a term to expire March
31, 2010.
Selectmen Article Presenters
The Board reviewed the list of Article Presenters for Town meeting. The only change made
to the list of presenters was that Mr. Cohen will present Article 15 instead of Mrs. Krieger.
Revised Selectmen Liaisons to Committees
The Board reviewed the revised listing of Selectmen Liaisons to committees. The only
change was that Mr. Burnell will be the Selectmen Liaison to the 2020 Vision Committee
instead of Mrs. Krieger.
Upon motion duly made and seconded it was voted to adjourn at 11:40 PM.
A true record; Attest:
Lori A. Manning
Clerk
Selectmen’s Meeting
March 21, 2007
A meeting of the Board of Selectmen was held on Wednesday, March 21, 2007, at 6:00 p.m.
in the Legion Room, in Cary Memorial Building. Chairman Krieger, Mr. Kelley, Mr. Cohen,
Mr. Burnell; Mr. Valente, Town Manager; and Ms. Vine; Assistant Town Manager, were
present.
Budget
Carl Valente discussed two line items of the budget that needed to be increased: an
additional $270,000 needed for unemployment should the potential override for school costs
fail and an additional $30,000 for debt service should the newly suggested school capital
projects pass. It was recommended that the funds come from the snow budget.
Upon motion duly made and seconded, it was voted 4-0 to use $300,000 from the snow
budget to cover the increases in the two line items.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 4-0 to go into executive
session for the purpose of contract negotiation, personnel matter and litigation, with no intent
to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 6:30 p.m.
A true record; Attest:
Linda Crew Vine
Assistant Town Manager
Selectmen’s Meeting
March 26, 2007
A regular meeting of the Board of Selectmen was held on Monday, March 26, 2007, at 6:30
p.m. in Estabrook Hall. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr. Burnell;
Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were
present.
Public Comment
Mr. Hadley, Director of Public Works, said that two employees from the Public Works
Department, Jim Fogg and Sue Benoit, are using their vacation time to go to New Orleans
and help with the clean up efforts there. They have done this for the last three years. The
Board commends them for doing this.
Article Positions
Members of the Board who had not already done so, took positions on the following articles:
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Article 5 – Zoning By-Law, Tree Management
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Article 13 – Amend Tree Bylaw
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Article 14 – Amend General Bylaws – Tourism Committee
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Article 16 – Amend General Bylaws – Engine Operation of Stopped Vehicles
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Article 17 – Accept MGL Chapter 32, Section 7 (2)(a)(iii) and 9 (2)(d)(ii)-Dependent
Children Payments
Future Meetings
The Board discussed dates for future meetings.
Discussion of CPA Agreement with Historical Society for Depot Elevator
Mr. Valente and Town Counsel suggest an agreement along the following lines. Should the
Depot be sold within the next ten years, the repayment of CPA funds will be $44,000 plus
three percent simple interest per year for the next five years. After five years, no additional
interest would be charged and the amount to be repaid would no longer increase
(approximately $51,000). If the Depot were sold from years six to ten, the repayment to the
Town would be $51,000. After year ten, no repayment would be required.
All of the Selectmen supported the terms suggested by Mr. Valente and Town Counsel.
Consent Agenda
Deferral of Water and Sewer Payments
Upon motion duly made and seconded, it was voted 5-0 to approve the request of Ruth M.
Walsh, 16 Cliffe Avenue, for deferral of water and sewer payments.
Selectmen’s Meeting – March 26, 2007
Order of Sewer Taking – Oakmount Circle
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Engineering Department for an Order of Sewer Taking for the accepted town street known as
Oakmount Circle.
One-Day Liquor License – Historical Society
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Historical Society for a one-day liquor license for Friday, March 30, 2007, from 7:00 p.m. to
10:00 p.m. at the Depot Building for a Relinquished Treasures Benefit Auction.
Upon motion duly made and seconded, it was voted to adjourn at 7:10 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
March 28, 2007
A regular meeting of the Board of Selectmen was held on Wednesday, March 28, 2007, at
6:30 p.m. in Estabrook Hall. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr.
Burnell; Ms. Vine, Assistant Town Manager; and Ms. Chabot, Assistant to the Executive
Clerk, were present.
Future Meetings
Ms. Vine gave a copy of the Post Retirement Benefits Analysis to the Board. The auditors
will come and explain the analysis to the Board at their meeting on April 18, 2007. The
Appropriation Committee will be invited to attend.
Town Manager Review
A full copy of Mr. Valente’s performance evaluation is on file in the Selectmen’s Office.
The summary section of his review follows:
Carl has had an outstanding year in difficult financial times. He has dealt with all of the
goals we identified for him in an effective manner. Under his leadership, we have
maintained our Aaa bond rating and we have continued to receive praise and awards for our
budget process. The high cost of energy, health care, etc. cannot be blamed on the Town
Manager. It would not hurt, in certain instances, to forcefully, but politely, point this out to
persistent critics of the way Lexington is governed.
Carl has quickly gained a good understanding of how Lexington works, and is defining a
series of steps that will make Lexington government operate even more effectively. Having
five bosses must be challenging in the best of circumstances. He has done a wonderful job in
respectfully considering everyone’s issues and allowing the Board to work through differing
points of view to reach a conclusion that can well serve the Town. We believe Lexington is
most fortunate to have Carl Valente as our Town Manager.
Article Positions
The Board took positions on the following articles:
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Article 22 – Appropriate FY2008 Enterprise Funds Budget
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Article 24 – Appropriate for Senior Service Program
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Article 29 – Appropriate for Recreation Capital
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Article 30 – Appropriate for Battle Green Flagpole Maintenance
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Article 38 – Rescind Prior Borrowing Authorization
The Board requested presentations on the following articles:
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Article 25 – Continue and Approve Departmental Revolving Funds
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Article 26 (e) – Comprehensive Cultural Resource Survey
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Article 26 (g) – East Lexington Library Study
Selectmen’s Meeting – March 28, 2007
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Article 26 (l) – Muzzey Condominium Study
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Article 34 – Appropriate for School Capital Projects and Equipment
Article 37 – Appropriate for Post Employment Benefits was indefinitely postponed.
Consent Agenda
Use of the Battle Green – Iraq Send-Off Ceremony
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Army
National Guard to use the Battle Green on Thursday, May 3, 2007, from 9:00 a.m. to 3:00
p.m. for a send-off ceremony for one of their companies going to Iraq, provided that there are
no vehicles on the Battle Green.
Upon motion duly made and seconded, it was voted to adjourn at 7:15 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk