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HomeMy WebLinkAbout2009-03-BOS-min Selectmen’s Meeting March 2, 2009 A regular meeting of the Board of Selectmen was held on Monday, March 2, 2009 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. Public Comment Ms. Sandy, Town Meeting Member, Precinct 6, thanked the Town for getting the word out through a notice on the Town’s webpage and a Reverse 911 call about moving the election from March 2 to March 9 because of the snowstorm. She requested that the Town find a way to include cell phones in Reserve 911 calls and that a message be left for those that do not pickup the phone because of caller ID. She also would like to see special messages on the Town’s website jump out more so that they are immediately noticeable. The Selectmen requested that the issues be looked into. Town Manager Report Mr. Valente reported that the FY2010 Budget will be posted on the Town’s webpage at any moment. The budget is going to the printer Tuesday morning and copies will be made available to Town Meeting Members and the Appropriation Committee hopefully by Thursday. Liquor License Hearing – Vinny T’s Restaurant Corporation Mr. Considine, Attorney representing Vinny T’s, was at the meeting to answer any questions. The request is for a transfer of stock, change of officer/director and a change of indirect beneficial interest. There will be no changes at Lexington Vinny T’s. ABCC has already approved these changes for all the Vinny T’s locations. Mr. Cohen stated that the Fire Department brought to his attention some ongoing fire escape issues that need to be corrected. The Selectmen requested that Vinny T’s make sure that they have complied with all the requirements of the Fire and Building Departments prior to the license being renewed at the end of this year. Mr. Considine will make sure they respond promptly. Upon motion duly made and seconded, it was voted to approve the application for a transfer of stock, change of Officers/Directors and a change of Indirect Beneficial Interest of the liquor license for Vinny T’s Restaurant Corporation d/b/a Vinny T’s of Boston, 20 Waltham Street. Tree Hearing Recommendation – Spring Street Mr. Hadley, DPW Director; John Livsey, Town Engineer; and Mr. Cannon, Engineering, were all available to answer any questions. Selectmen’s Meeting – March 2, 2009 Mr. Pinsonneault, Superintendent of Public Grounds/Tree Warden, held a Tree Hearing on February 17, 2009 to discuss the potential removal of five trees in the Town right-of-way along Spring Street as part of the proposed sidewalk construction project. He received one written objection to the removals and also objections from some residents at the hearing, which require a determination by the Board of Selectmen. The five trees identified for removal are: Street Address Species DBH Condition 28 Spring Street Oak 40 inch Good 34 Spring Street Oak 24 inch Good 40 Spring Street Hickory 16 inch Fair/Good 43 Spring Street Cherry 4 inch Fair 89 Spring Street Oak 36 inch Good The trees were all inspected and it was determined that they would likely all fail due to the nature and scope of the proposed sidewalk construction project. The trees at 28, 34 and 89 Spring Street will only be removed if they cannot be worked around properly to ensure their survival and not create a future hazard. The tree at 40 Spring Street is too close to the road to be saved and should be removed and the tree at 43 Spring Street leans toward the road. As part of the sidewalk project, new trees are required to be replanted along Spring Street. The replacement trees should be a minimum 3-inch caliper and be planted off berm or in proper tree pits for adequate moisture, air movement and root development. The Tree Committee will determine the tree species and locations at a later date. Mr. Frey, Chair of the Tree Committee, stated that the Committee believes the 40 inch Oak should be saved; it has a sister tree on the other side of the street which narrows the street and provides natural traffic calming. The Tree Committee also suggests that a sloping berm be used instead of granite curbing because granite means you have to dig deeper and disturb roots. Sloping berms are also safer for bicyclists. Ms. Blier, Shade Street, said the neighbors are concerned about the safety of walkers and that the curb has to deflect cars from intruding on the sidewalk. Upon motion duly made and seconded, it was voted to accept the recommendations of the Tree Warden for removal/replacement of trees as presented. Warrant Article Assignments/Positions Ms. Blier and Ms. Costello, Co-Chairs of the Tax Deferral and Exemption Study Committee, presented information on Article 34, Establish Qualifications for Tax Deferrals. Selectmen’s Meeting – March 2, 2009 Lexington’s Home Rule Petition was approved by the legislature, which allows Lexington to set the age and income limits on tax deferrals and to also incorporate other age groups if there is a specific criteria group. The Committee is recommending that the age remain at 65 and that the income eligibility limit be increased to $50,000 for FY2010 and use as a data gathering year to see how many residents apply. Increasing the income to $50,000 from $40,000 would add 182 eligible residents onto 1,073 that are eligible with income up to $40,000. It currently looks like the interest rate for FY2010 will be .64% (Federal Reserve Bank index used every year). Tax deferral information was sent to accountants, financial planners and clergy asking them to provide the information to people that may need help. If the $50,000 income eligibility limit is voted at Town Meeting, the Committee will review the number that applies and then they will create a criteria and examine extending the deferral to younger people or people with disabilities. Mr. Kelley has a concern that the number of participates will increase and will have consequences to the Town. All Selectmen support passage of Article 34, Establish Qualifications for Tax Deferrals, as recommended except Mr. Kelley who abstained. Article Assignments Mr. Cohen prepared the list of article assignments. None of the Selectmen requested any changes. Article Positions The Board began taking positions on the articles for the 2009 Annual Town Meeting: They unanimously support the following articles: Article 4 – Appropriate for FY2010 Operating Budget Article 5 – Appropriate FY2010 Enterprise Funds Budgets Article 6 – Appropriate for Senior Service Program Article 8 – Appropriate for Tourism Promotion Article 10 – Continue and Approve Departmental Revolving Funds Article 20 – Street Acceptance – Pitcairn Place Article 21 – Street Acceptance – Wisteria Lane Article 23 – Appropriate for Post Employment Benefits Article 27 – Establish Stabilization Fund for Minuteman Regional Vocational School District Article 29 – Appropriate for Prior Years’ Unpaid Bills Article 32 – Amend General Bylaw – Noise Article 33 – Amend General Bylaw – Capital Expenditures Committee Article 35 – Establish Demand Charges for Delinquent Taxes Article 38 – Petition General Court for Municipal Utility Act Selectmen’s Meeting – March 2, 2009 A majority of the Selectmen support the following articles: Article 34 – Establish Qualifications for Tax Deferrals (Kelley abstained) Article 39 – Petition General Court for Mid-Year Tax Relief Property Loss from Fire (Cohen abstained) The Selectmen requested that Mr. Addelson, Assistant Finance Director, make a presentation to the Board on Article 26, Establish and Appropriate to Debt Service Stabilization Fund, and Article 39, Petition General Court for Mid-Year Tax Relief Property Loss from Fire. Keno to Go The Selectmen received a letter from the Massachusetts State Lottery Commission regarding a request from Alexandrias, 335 Woburn Street, for a KENO monitor to display the game in the establishment. If the Selectmen have any objections a letter needs to sent within 21 days of receiving the letter (February 17). Upon motion duly made and seconded, it was voted 5-0 to send a letter to the Massachusetts State Lottery Commission objecting to the installation of a KENO monitor at Alexandrias at 335 Woburn Street. Annual Little League Parade Upon motion duly made and seconded, it was voted to approve the request from the Recreation Department and the Lexington Little League to conduct the Annual Little League Parade on Saturday, May 2, 2009 beginning at 9:00 a.m. Citation for LHS Girls Varsity Hockey Team Upon motion duly made and seconded, it was voted 5-0 to sign a citation letter congratulating the LHS Girls Varsity Hockey Team on a great season. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of water and sewer: Adjustments of Water/Sewer Charges for March 2, 2009 -$20,793.28 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of February 9, 2009 and February 11, 2009, with minor corrections. Selectmen’s Meeting – March 2, 2009 Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of February 9, 2009. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call vote to go into executive session to discuss a planned land acquisition, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 8:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 9, 2009 A regular meeting of the Board of Selectmen was held on Monday, March 9, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr. Kelley, Mr. Manz; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were present. Public Comment Ms. Coppe, member of HFAC, HATS, and ShhAir, brought the Selectmen up to date on four initiatives currently being pursued at Hanscom that would result in significant expansion of the airport. She asked the Selectmen to send a letter of concern about the effects of the development to our congressional delegation, the governor, and the secretaries of energy, environmental affairs, and transportation. Mrs. Krieger and Mr. Manz supported drafting and sending a letter of concern. Mr. Kelley suggested that this matter be put on the agenda for further discussion at an upcoming meeting. Mr. Cohen asked Mrs. Coppe to submit a draft letter for the Board to review and discuss at a future meeting. Communications Advisory Committee – RCN License Renewal Mr. Buczkowski, member Communications Advisory Committee (CAC), updated the Board on the RCN License Renewal Negotiations and asked for approval to hold the required public hearing on March 26, 2009 with regards to the renewal of the RCN Cable Television License, which expires May 23, 2009. The CAC has been actively negotiating with RCN on the terms and conditions of a renewal license. Negotiations are continuing. Various Town departments have been consulted on technological requirements that might be included in the renewal license. Request for Commercial District Rezoning Mr. Buckley, attorney for Patriot Partners, and Mr. Zink, a principle of Patriots Partners, presented the proposal for a rezoning of Lexington Technology Park, the location of Shire. Their CD rezoning request would allow an additional 380,000 gross square feet and increase the floor area ratio from .15 to .24. The property is currently permitted for 696,000 gross square feet. Patriot Partners requested bringing this proposal before Town Meeting this spring. Wednesday, May 6, was suggested as a tentative Special Town Meeting date. The Beal Companies zoning proposal is scheduled for Monday, May 4. Mr. Cohen stated that at the next Selectmen’s meeting there would be an agenda item calling for a Special Town Meeting. He suggested that Patriot Partners draft an article for consideration. Selectmen’s Meeting – March 9, 2009 Article Positions Mr. Goddard, Facilities Director, presented information on Article 19, Appropriate for Public Facilities Capital Projects. He presented slides, photos and charts to describe what needed to be done on the various projects. Mr. Kelley suggested combining the Police and Fire Station and locating them at the DPW site and property adjacent thereto. Mr. Goddard explained that the Police and Fire Chiefs feel it is better for them to be in separate locations because the activities at each station are distinctly different. Mr. Cohen pointed out the projects that have CPA funding. Mr. Lamb, chair Capital Expenditures Committee, reported that in general his committee supported the projects described by Mr. Goddard. The committee’s main concern is with the large number of big-ticket items. They would like to see some prioritization by the Selectmen, School Committee, and Community Preservation Committee to pick the top three priorities for the next three to five years. Mr. Lamb stated no objections with regard to Articles 15, 16, 17 and 18. Article Positions The majority of Selectmen support the following articles for the 2009 Annual Town Meeting: Article 15 – Appropriate for Municipal Capital Projects a) Replacement of Fire Engine 3 b) Head End Equipment c) Comprehensive Storm Management Watershed Study d) DPW Equipment e) CBD Sidewalks (Indefinitely Postponed) f) Sidewalk Improvements and Easements (for authorization of easements) g) Storm Drain Improvements h) GIS Implementation Plan i) Hydrant Replacement Program j) Street Improvements and Easements k) Traffic Mitigation (Kelley abstained) Article 16 – Appropriate for Water Distribution Improvements Article 17 – Appropriate for Sewer Improvements a) Wastewater System Improvements b) Pump Station Upgrades c) Automatic Water Meter Reading System Article 18 – Appropriate for School Capital Projects and Equipment a) School Technology Plan b) Classroom Furniture Selectmen’s Meeting – March 9, 2009 c) Replacement of Kitchen Equipment Article 19 – Appropriate for Public Facilities Capital Projects b) LHS Gillespie Auditorium Renovation c) LHS Heating System Upgrade d) School Building Roofing Program f) Relocate Old Harrington Playground Structures g) Bowman Play Area Improvement h) LHS Elevator Piston Replacement i) School Building Envelope Program l) East Lexington Fire Station Kitchen Upgrade (Kelley does not support) m) School Accessibility Improvements n) Municipal Building Envelope o) Town Office Building Preservation and Renovation Trench Permit Fee Mr. Valente reported that last year the State Legislature passed a new trench safety law requiring cities and towns to permit construction trenches greater than a certain dimension. Under the related Town bylaw passed by Town Meeting in 2008, the Town Manager designates the permitting authority. In Lexington, it will be our Engineering Department. The statute also allows reasonable fees to be established for this new permit. The Engineering Department is recommending a $50 permitting fee. The Town anticipates issuing 100 permits annually. Upon motion duly made and seconded, it was voted 4-0 to approve a $50 fee for the issuing of a Trench Excavation Permit under Section 100-2E of the Code of Lexington, and authorize the Town Manager to waive, reduce or refund the fee according to the procedures established for Building Permits. Consent Agenda Discovery Day Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Lexington Retailers to have exclusive use of the Muzzey Street/Waltham Street parking lot on Saturday, th May 23, 2009 (rain date May 30) from 5:00 a.m. to 5:00 p.m. for the 30 annual Discovery Day. Permission for the following was also approved: erect seven temporary signs; park flat bed trailer in Lexington Center; and provide free parking. Police and Fire will work out any necessary details with the Lexington Retailers. Ride of Paul Revere and William Dawes Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Lexington Historical Society and Minute Men for permission to reenact the arrival of Paul Revere and William Dawes at the Hancock-Clarke House at 10:30 p.m. on April 19, 2009. Police and Fire will work out any details with the Minute Men. Selectmen’s Meeting – March 9, 2009 One-Day Liquor License Upon motion duly made and seconded, it was voted 4-0 to approve the request of the Harrington School PTA for a fundraiser on Saturday March 14, 2009, from 7:30 p.m. to 11:00 p.m. at the Depot Building. Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of February 23, 2009, February 25, 2009 and March 2, 2009. Executive Session Minutes Upon motion duly made and seconded, it was voted 4-0 to approve the executive session minutes of February 23, 2009 and March 2, 2009. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call vote to go into executive session to discuss a matter of land purchase, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting March 16, 2009 A regular meeting of the Board of Selectmen was held on Monday, March 16, 2009 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. Town Manager Report Mr. Valente announced the appointment of Mark Corr as Chief of the Lexington Police Department. The swearing in ceremony will be held on Monday, March 30, 2009, at 1:00 p.m. Mark has served as Captain since 2005 and attended the Police Academy in 1983. He has served in the following capacities: Commander of the Detective Bureau, member of the Joint Dispatch Committee, Police Prosecutor, Civil Rights Officer, Firearms Licensing Officer, 911 Municipal Coordinator, CPR Instructor, Communications and Dispatch Center Project Manager, Team leader for the Police Accreditation program, member of the Autism and Law Enforcement Education Coalition and Police Department representative to the Noise Bylaw Committee and the former No Place for Hate Steering Committee. Mr. Valente stated that there were three outstanding candidates to choose from: Lieutenant Manny Ferro, Lieutenant Joe O’Leary and Captain Mark Corr. The candidates were evaluated during a full day assessment center, followed by four hours of interviews with two citizens panels, the Board of Selectmen and the Senior Management Team. The final interview was with the Town Manager and the Deputy Town Manager. The process took eight weeks. Mr. Corr thanked everyone for the opportunity to serve Lexington as Chief. He also thanked Chief Casey for passing on a baton of excellence. The Selectmen congratulated Mr. Corr and also Chief Casey for his great leadership and the excellent job he has done with the outstanding Police Department. Selectmen Concerns and Liaison Reports Mr. Manz talked about the visit from a small group of Westboro Baptist Church members on March 13 and how the response by Lexington citizens showed why we choose to live in Lexington. The Police coverage was appropriate and well done thanks to Lt. O’Leary and all the other officers who put lots of time and effort into the coverage plan, including the state police and other police units and the base police. The High School response was well handled and thanks should go to the principal, faculty and students. The Citizens’ response was silent but overwhelming and there are too many people to thank. The real message came from all the adults and students who formed a silent shield between the protestors and the high school and they should be thanked enthusiastically. Selectmen’s Meeting – March 16, 2009 Mr. Cohen was impressed and inspired by Mr. Manz’s Boy Scouts who had a mock Town Meeting to discuss invasive species and what can be done. They did an excellent job. Mr. Cohen brought to the attention of Lexington citizens the bad behavior going on at the Cary Library. In Lexington the Trustees of the Library include the Board of Selectmen, School Committee and the Clergy. In the last few weeks, even though there are security cameras in the library, the behavior of the young people has been outrageous and it needs to be brought to the attention of parents. They are breaking screens, cutting up the windowsills, making markings on furniture, throwing debris and swearing at librarians. The Trustees plan to look into this and hope in the next few months some progress will be made. The community should know that this behavior will not be tolerated. Fire Memorial Request Lt. Tremblay and Firefighters Simonds and Morey were present at the Selectmen’s meeting to ask for the Selectmen’s approval to place a permanent memorial honoring all past and present Lexington Firefighters at the Fire Headquarters on Bedford Street. Lt. Tremblay explained that the monument is partially funded from a gift through an estate of an anonymous benefactor, as well as matching donations from the Lexington Firefighters Union Local 1491 and the Lexington Firefighters Aid & Relief Fund. There will be no use of public funding for the project and labor will be donated by Lexington Firefighters Union Local 1491 for the installation. The monument will consist of four flat India Black granite pieces in the shape of a Maltese cross located around the base of the current flag pole and another India Black granite upright slant marker with hand etchings and lettering. A red brick walkway will form a circle around the Maltese cross and flagpole. The slant marker will be positioned between two teak benches and will include two old photos of the East Village Fire Station and the former Fire Headquarters on Meriam Street. Mature trees, bushes and plantings with a partial curved stone wall will be located around the monument and will provide definition and create a buffer from the street and adjacent property. Lt. Tremblay has met with the Historic Districts Commission informally and they endorsed the plan. The Fire Department will go before the Historic Districts Commission formally in May. They hope to complete the project prior to Fire Prevention Week in October. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Fire Department for a permanent memorial honoring all past and present Lexington Firefighters to be located at the current Fire Headquarters on Bedford Street. Selectmen’s Meeting – March 16, 2009 Petition for Change of Zoning District – 12-18 and 24 Hartwell Avenue Mr. Farrington, Attorney representing the owners of 12-18 and 24 Hartwell Avenue, plans to file a petition with the Selectmen requesting that an article be added to the Special Town Meeting to be held on May 6, 2009 that asks for the rezoning of 12-18 and 24 Hartwell Avenue from CRO to CM. The two buildings currently are at odds with all other property in the zoning district, which leaves them in an inequitable position if Article 44, amend Zoning By-Law, CM and NFI District Changes, and Article 45, Amend Zoning By-Law – Traffic, passes at the Annual Town Meeting. The result of the proposed article would be that all the properties with legal frontage on Hartwell Avenue would be in the same zoning district and subject to the same zoning rules. Transportation Advisory Committee – Traffic Mitigation Ms. Dratch, member of the Traffic Advisory Committee (TAC), came before the Selectmen with concerns about how the Town is negotiating traffic mitigation agreements. Up until now Lexpress has received annual payments for transport services from developers, which has served the town well. Recently TAC learned that the Town is now negotiating up front lump sums because the town has concerns about long-term commitments of developers. The Beal draft Traffic Mitigation Agreement proposes an on-site coordinator and also joining or forming a Transportation Management Commuter Association, which TAC supports but sees as long-term plans and wonders who will monitor and enforce the provisions. TAC also requests that they be kept informed and be allowed to provide input into future negotiations with developers. The Selectmen believe that if the developers approved and signed an agreement they will go forward with the provisions in it and we have to trust them to do so. It is up to the tenants and employees of the buildings to make sure the provisions are carried out. TAC asked if it was possible to meet quarterly or semi-annually with the on-site coordinator. The Selectmen feel that is a possibility; there is currently a quarterly meeting in South Lexington. Going forward the Selectmen agree that an offsite and offline group is the best way to negotiate a Traffic Mitigation Agreement, rather than the open meeting of the TMG. Ms. McKenna, Precinct 6, has read several PSDUPs and is concerned that it is not clear to anyone who is responsible for enforcing the agreements. She also feels it would have been appropriate to include TAC in the discussions The Town Administration is responsible for enforcing the agreements. The Selectmen feel the Town is heading in the right direction with the Agreements. Selectmen’s Meeting – March 16, 2009 Article Positions Article 36 – Amend Historic Districts Act Ms. Hruby, the sponsor of this article has requested that it be indefinitely postponed. Article 41 – Form Committee – Climate Change Mr. Sacks, the article sponsor, came before the Selectmen to ask for their support of the article. The purpose of the article is to form a transition committee to consider issues both environmental and energy related that will be facing the Town (water, food, energy, sewage, transportation, economic, communications) and how they will affect Lexington. There are several municipalities that have formed committees to consider these issues and they have come up with a variety of strategies. The Transition Committee would investigate models from the municipalities that have formed a committee and consider unique conditions that Lexington faces and how they can be addressed. A majority of the Selectmen believe the current Climate Action Ad Hoc Committee should be addressing these issues and that Lexington cannot solve the problems alone that there has to be a regional approach. The Selectmen encouraged Mr. Sacks to cooperate and work within the current committee to bring forward actions to the Selectmen that can be taken. Lexington can only work on impacts that are actionable, local and achievable. Mr. Kelley supports the article and thinks it may provide some good education to residents. Mr. Cohen, Mrs. Krieger and Mr. Burnell do not support the article. Mr. Manz will take a position after he has spoken privately to Mr. Sacks. Water/Sewer Retained Earnings Mr. Addelson, Director of Finance, came before the Selectmen regarding the use of retained earnings to finance a portion of the proposed water/sewer budgets. Certified retained earnings as a percentage of the FY2010 budgets, net of indirect costs, equal approximately 35% for each of the water enterprise and sewer enterprise fund. Based on prior experience in other communities, the recommendation is that an interim target of 15% is reasonable to cover unanticipated costs and/or revenue shortfalls, which would mean a target of $1.1 million for the water fund and $1.2 million for the sewer fund. Retained earnings balances available for appropriation at the 2009 Annual Town Meeting will be: Sewer Enterprise Fund $2,741,057 Water Enterprise Fund $2,016,016 Selectmen’s Meeting – March 16, 2009 In light of the current economic climate and the impact on ratepayers, it is recommended that retained earnings be applied to mitigate rate increases in FY2010; specifically that $500,000 of water be applied to the water operating budget and $600,000 be applied to the sewer operating budget. The use of retained earnings should reduce water rate increases to approximately 1.8%, sewer rate increases to approximately .25% for a combined increase of approximately 1.0%. Further, it was recommended that the excess of the 15% target balance of water and sewer remain for the following reasons: a dependence on retained earnings as a funding source for water and sewer budgets and because a “wet year” could result in less usage than was estimated. Upon motion duly made and seconded, it was voted 5-0 to recommend to Town Meeting to appropriate $500,000 of Water Enterprise Fund retained earnings and $600,000 of Sewer Enterprise Fund retained earnings as a funding source for the FY2010 enterprise fund budgets. Article 26 – Establish and Appropriate Debt Service Stabilization Fund Mr. Addelson, Director of Finance, provided information on the purpose of Article 26, Establish and Appropriate to Debt Service Stabilization Fund. In August 2006 the Town received a reimbursement from the Massachusetts School Building Authority for the High School/Middle Schools renovation projects in the amount of $14,039,485, which was $2,286,800 in excess of the amount needed at the time to retire an outstanding bond anticipation note. Of this excess amount $2,143,079 was determined to be allocable to the portion of the projects financed with exempt debt. Per Department of Revenue guidelines, the town was required to segregate this amount and draw it down on a pre-determined schedule over the remaining life of the outstanding bond for the project to offset annual debt service. Bond Counsel recommends that the residual balance of $1,739,894 be deposited into a specialized stabilization fund., which would require that an amount be appropriated annually to offset the exempt debt service on the bond. Article 26 creates the stabilization fund, deposits the $1,739,894 into it and appropriates $130,260 from it to offset the FY2010 debt service on the bond. Because the process is burdensome, the Town is checking with Bond Counsel to see if there are any alternatives. Spring Street Sidewalk and Intersection Mr. Livsey, Town Engineer, Dave Cannon, Assistant Town Engineer, and Bill McGrath, Beta Group, Inc. came before the Selectmen to present recommendations regarding the Spring Street sidewalk and Spring Street/Marrett Road intersection improvements. In 2005 an intersection study was done by Howard Stein Hudson, which showed 3 possibilities: a) a roundabout with significant land takings; b) geometric improvements without signalization; and c) signalization and geometric improvements, which was recommended and supported by the Planning Board. Selectmen’s Meeting – March 16, 2009 The Engineering Department held several public meetings, a number of meetings with boards and committees; and has had several conversations with MassHighway. The recommendation is to put a sidewalk on the east side of Spring Street from Marrett Road to Hudson Road and a sidewalk on the west side from Hudson Road to Shire. Engineering has also included the following in discussions regarding the sitewalk/intersection plans: Tree Committee, Sidewalk Committee, Public Safety, Traffic Mitigation Group, Traffic Safety Advisory Committee, Safe Routes to School, Design Advisory Committee and Conservation Commission. The concerns of residents and committees are: protecting trees and removing unsafe trees, the sidewalk location, intersection signalization and the proposed turning lane, traffic calming, pedestrian safety, driveway and drainage impacts, curb type and striped lane width. Crosswalks are proposed at Hudson and Underwood and at the Marrett Road intersection. Engineering will look at possibly locating additional crosswalks at Grassland and Woodcliffe. There has been no determination on the type of crosswalk (textured, painted), but the Town is hoping to decide on a standard that is the most visible. There are currently two 40” trees across from each other. The standard design would require removal of trees, but they are proposing a neck down at that area where the roadway would still be 22 feet across and would meet ADA regulations for a travel path. Proposal is to pour a concrete sidewalk so contractors do not have to dig down very deep, which minimizes tree damage. The sidewalk on the west side will have grass strip. On east side the sidewalk will have a narrower grass strip (2 feet or less) because of the smaller right of ways and the houses that are closer to the street. Some will have no grass strip at all in order to protect trees. The trees will be protected as much as possible, currently only planning to remove two trees. They added the neck down to protect the two large trees, which will have a traffic calming effect as well. Some of the traffic calming measures being looked at include: speed check signals which flash speed of cars, “share the road” signs so vehicles know cyclists are on the road and pedestrian activated crossing lights that warn cars that a pedestrian wants to cross. The Bicycle Advisory Committee requests that Engineering look into accommodating a three- foot bike lane with a 10-foot car lane. Engineering is recommending 11 feet, but are doing some research to see if anything less than 11 feet can be done. The recommendation for curbs is vertical granite curbs on both sides for the full length of the roadway. The vertical curb is better for pedestrian safety and the curved curb is safer for bicyclists. Vertical curbing involves less maintenance and discourages people from parking on the sidewalk. If any trees are removed they will be replaced with trees of 50 percent caliber of old tree and the town will work with the residents to locate the new trees in the best location. Selectmen’s Meeting – March 16, 2009 Several residents spoke regarding the sidewalk project: Mr. Shapiro 26 Spring Street, Mr. Waite, 28 Spring Street, Mr. Cohen, 22 Spring Street, Mr. Thuma, 149 Wood Street, Mr. Canale, 29 Shade Street, Mr. Zurlo, 42 Woodclife Road, Mr. Van Hook, Sidewalk Committee. The following are questions and comments from residents: ?? put a sidewalk only on the west side and remove the 40 inch trees which are a hazard; ?? need aggressive traffic calming measures, including additional road necking sites to keep emphasis on pedestrians, vertical shifts, change intersection so cannot turn that corner fast – maybe add island, sign in crosswalk and additional crosswalks at Grassland and Woodcliffe; ?? issues relating to parking, stonewalls, and small trees and how they will be handled; ?? suggest do experiment with different crosswalk types to see which works best as far as traffic calming; ?? wait until the Planning Board traffic overlay article is taken up at Town Meeting so the Planning Board can do a similar study in the Hayden Avenue CRO district and a future recommendation on how to deal with traffic on String Street; and ?? 10 feet travel lanes would be best for everyone – pedestrians, bicyclists and cars. The discussion of the sidewalk on Spring Street was ended and the discussion on the Spring Street/Marrett Road intersection began. Mr. Livsey described two alternatives for the intersection: 1) intersection without signals would include 2 pedestrian crossings away from the intersection. MassHighway would want to see the crosswalks at least 50 feet from the intersection before they would consent to no signal. Possible location on east side is near the Downing Road crossing. The cost for each crosswalk would be approximately $60,000. If decided to do crosswalks without signalization, the cost would not be eligible to use the MORE grant funds; and 2) signalization. Engineering is recommending. Bridge Street would be closed off and the turning lane would be 160 feet MassHighway will allow, but do not recommend. The goal of the intersection is to create a pedestrian focused intersection, to balance the three legs of the intersection and to improve the safety and geometrics. The intersection improvements would include: dedicated pedestrian protected crossings with optimal site lines; guided left turn; a “T” intersection to make it safer and easier to navigate from Marrett Road to Spring Street; close Bridge Street and add green space; improved transit access; normalize vehicle interactions and patterns; optimized sight lanes for pedestrian crossings. Mr. Kelley disclosed that he is the owner of 424 Marrett Road and leases the building. He checked with Town Counsel to see if he needed to abstain from this discussion and was told he did not have to. Selectmen’s Meeting – March 16, 2009 Several residents spoke about the proposed signalization of the intersection: Ms. Massey, 28 Bridge Street, Mr. Dudek, 414 Marrett Road, Eric Cohen, 22 Spring Street, Mr. Waite, 28 Spring Street, and Ms. Pollock, 410 Marrett Road. Their comments included: ?? coordination of the Spring/Marrett and Waltham/Marrett signals; ?? thinks the Mass Highway Design Guide Overview and Design Guidebook supports what residents want, which is no signalization ?? want to make sure the intersection is designed for the safety of pedestrians, not cars - do not make easier for cars and increase traffic on Spring Street ?? do not take away land for signalization and just have crosswalks away from the intersection on both sides; ?? traffic light will change character of neighborhood, because of speeding cars, speed check signals should be considered. Loop detectors will encourage speeders on Marrett Road. Engineering and Beta have looked into coordinating the lights at Marrett/Waltham and Marrett/Spring, but they are too far apart and there are lots of driveways and intersecting streets in between and they feel there would be no benefit. Ms. McKenna, Precinct 6, does not feel signalization appropriate for that location. Problems only occur at two rush hours. With signalization cars will find other routes to get around signal. She suggested if funds were needed maybe some of the Shire money for transportation issues could be used. Mr. Van Hook, Sidewalk Committee, said there has to be maximum safety for children crossing and is concerned any crossing delay will encourage finding other routes to get across road. Mr. Hornig, Planning Board Chair, said the Planning Board studied the intersection in 2005 and went through a public process and then recommended a signal to serve northbound traffic because of heavy traffic on Marrett Road, which would serve the northbound Spring Street traffic. The current intersection does not serve Spring Street because of the speeding on Marrett Road. The Planning Board still believes that the intersection needs to serve all users equitably and hopes the Selectmen approve the intersection improvements and use the grant money. Mr. Kelley supports the sidewalk on Spring Street with a 10-foot travel lane, a bike lane and angled granite curb to keep the focus on residents. More crosswalks and more traffic calming measures should be included. He is not sure about the neck down because there are few opportunities for serious improvements to streets; the Town should consider removing the two big trees for this important improvement. Selectmen’s Meeting – March 16, 2009 The Selectmen requested that the Tree Committee and Bike Committee be consulted about what would be best regarding the neck down and the two large trees. The Selectmen also requested that engineering look into the questions and comments that were made by residents regarding the intersection. Mr. Kelley thinks it would be a terrible disservice to put in signal at intersection because it is a residential neighborhood. He suggests the installation of crosswalks farther down on both sides of Marrett Road. Upon motion duly made and seconded, it was voted 5-0 to approve the Spring Street sidewalk project as proposed by Engineering with the understanding that Engineering will continue to look into a number of things as they develop the final plan. Upon motion duly made and seconded, it was voted 5-0 to accept the recommendation of Engineering to close Bridge Street and make geometric changes at the intersection of Marrett Road and Spring Street. Reappointment – Town Counsel Upon motion duly made and seconded, it was voted 5-0 to reappoint Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for a term to expire March 31, 2010. Health Benefits Letter The purpose of the letter is to request that Lexington be allowed to have the same authority the state has in determining healthcare plan designs that would allow Lexington to make meaningful changes. Upon motion duly made and seconded, it was voted 5-0 to support sending a setter to the Chairs of the Public Service and Healthcare Financing Committees regarding coalition bargaining options. Liquor License – Change of d/b/a for Max Stein’s Upon motion duly made and seconded, it was voted 5-0 to approve and sign the application for a change of d/b/a and issue an all alcoholic common victualler liquor license to Second Julian LLC, d/b/a Palio’s Italian Grill, 94 Hartwell Avenue. Selectmen’s Meeting – March 16, 2009 Hanscom Expansion Letter Massport is involved in four activities at Hanscom that would increase jet aviation: 1) development of the east ramp, which would double the existing hangar space; 2) demolishing Hangar 24; 3) cutting of 420 trees from Bedford’s forest; and 4) the use of $10 million of stimulus funds. The purpose is to enhance Hanscom for corporate jet users and these four activities would have a major impact on the volume of aviation. The letter asks the Governor to use his influence to control these activities and also asks that the four communities have an opportunity to sit down with Massport to discuss issues and participate in decision making at Hanscom. Upon motion duly made and seconded, it was voted 5-0 to support signing and sending a letter to the Governor regarding concerns over Massport’s efforts to expand Hanscom. March 23 Meeting Start Time Because of the recognition of Margery Battin before Town Meeting at 6:30 p.m., the Selectmen decided to begin its meeting at 6:00 p.m. Set Date for Special Town Meeting Upon motion duly made and seconded, it was voted 5-0 to set the date for a Special Town Meeting to be held on Wednesday, May 6, 2009. Upon motion duly made and seconded, it was voted 5-0 to close the warrant for the May 6, 2009 Special Town Meeting on March 23, 2009. Town Manager Reappointment/Appointment – Conservation Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Philip Hamilton and the appointment of Charles Wyman to the Conservation Commission for terms to expire March 31, 2012. Consent Agenda Commitments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments of water and sewer charges: Commitment of Water/Sewer Charges for January 2009 (Finals) $-1,486.24 Commitment of Water/Sewer Charges for February 2009 (Finals) $-5,197.77 Commitment of Water Sewer Charges for January 2009 (Cycle 9) $163,502.17 Commitment of Water/Sewer Charges for February 2009 (Cycle 9) $177,799.83 Selectmen’s Meeting – March 16, 2009 Citation for Lexington-Bedford Youth Hockey Volunteers Upon motion duly made and seconded, it was voted 5-0 to approve and sign a citation recognizing the superb volunteer effort of the Lexington-Bedford Youth Hockey Volunteers. Executive Session Because of the late hour, the Selectmen decided to discuss the executive session issue at the meeting on Thursday, March 19, 2009. Upon motion duly made and seconded, it was voted to adjourn at 11:15 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 19, 2009 A meeting of the Board of Selectmen was held on Thursday, March 19, 2009 at 7:15 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. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss a potential land acquisition, with the intent to return to open session at approximately 7:30 p.m. Traffic Mitigation Agreement – Beal Mr. Nichols, The Beal Companies, presented the Memorandum of Understanding between The Beal Company, LLC and Lexington. The Agreement includes a payment of $500,000 to the Transportation Mitigation Stabilization Fund prior to the issuance of a Building Permit for the Project to be used to fund off-site traffic and transportation mitigation improvements and/or services, enhance future traffic operations and benefit the Town , the neighborhood, and the Project; adoption of vehicle turn prohibition signs on Spring Street that will limit movements in and out of the Ledgemont driveway during peak periods of each day; a payment of $200,000 to the Town Transportation Demand Management/Public Transportation Stabilization Fund (Lexpress), $80,000 to the Town’s Traffic Mitigation Stabilization Fund, and $20,000 to the Lexington Nature Trust Fund for the Town to construct and maintain the pedestrian trail extension to Spring Street. Mr. Kelley is in support of the Beal Project, but has issues with the timing. Upon motion duly made and seconded, it was voted 4-0-1 (Kelley abstained) to approve the Memorandum of Understanding between The Beal Companies, LLP (on behalf of its affiliates One Ledgemont LLC and Two Ledgemont LLC) and the Town of Lexington. 116 Vine Street (Leary Land) Mr. Cohen explained to the abutters of 116 Vine Street that the land has been on the Conservation Commission’s wish list for many years. The Community Preservation Committee has money to purchase the land; there is an agreement on the price. The Town is also looking at the possibility of including some affordable housing units. Mr. Kelland, Chair of the Historical Commission, provided information on the house at 116 Vine Street. The Historical Commission feels the house is an important part of the history of Lexington’s farming community and should be saved and protected. Selectmen’s Meeting – March 19, 2009 Several residents spoke and are in favor of preserving the beautiful piece of land for conservation; they also want the house preserved. They are not against affordable housing, but do not want significant development and want it to fit in with the current neighborhood. They are concerned about any additional traffic because of the narrowness of the street. They also mentioned how old the road is and that it was the original Woburn Street and the Town should try to preserve the historic nature of the road. One person suggested it may make sense to make Vine Street a one-way road. The residents that spoke or sent an e-mail are: Carol Thomson and Harold Hemond, 104 Vine Street, Meri Jenkins, 39 Vine Street, Douglas Durant, S. Kineen, 136 Vine Street, Diane Carlson, 134 Vine Street, Peter Richard, 121 Vine Street, Harry West, 56 Vine Street, Micheal Eppling, 15 Manley Court, John Quinlan, 67 Vine Street. Mr. Cohen made it clear to the abutters that the Town is only considering a single or duplex affordable housing unit that would have to fit on the 22,000 square foot area designated. The Community Preservation Committee will hold a public hearing on Thursday, March 26, and the Selectmen hope some of the abutters will come and speak about the Vine Street property. Article Positions Mr. Kelley supports Article 34, Establish Qualifications for Tax Deferrals. The Selectmen discussed Article 37, Reconfigure and Abandon Easement. This is a 50 foot travel easement that has been in existence since the 1950’s. Owner asked if Town still needed easement; Engineering and Conservation felt it was not necessary. The drainage easement will continue and the owner will not be able to expand on the land. The Planning Board will review at their March 23, 2009 meeting. The Selectmen all support Article 40, Resolution – Use of Reusable Bags. Article 41, Form Committee – Climate Change, does not have support of the Selectmen. Mr. Kelley supports and Mr. Manz is waiting until he has a chance to meet with Mr. Sacks, the article sponsor. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss the sale of real estate and a collective bargaining issue, with no intent to return open session. Selectmen’s Meeting – March 19, 2009 Upon motion duly made and seconded, it was voted 5-0 to adjourn at 8:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 25, 2009 A meeting of the Board of Selectmen was held on Wednesday, March 25, 2009 at 6:30 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. Town Manager Appointment – Conservation Commission Upon motion duly made and seconded, it was voted 4-0 to approve the Town Manager’s appointment of Joyce Miller to the Conservation Committee for a 3-year term to expire March 31, 2012. Resignations – Noise Advisory Committee and HATS Environmental Subcommittee Upon motion duly made and seconded, it was voted 4-0 to accept the resignation of Julian Bussgang from the Noise Advisory Committee and the HATS Environmental Subcommittee, effective immediately. The Selectmen thanked Mr. Bussgang for his long years of service to the community. Battle Green Planning Group Request The Battle Green Planning Group requested that the Selectmen place a moratorium on any work in the Battle Green area until after a master plan is approved. The Selectmen had a few concerns, including the need to check with the Tree Committee, the current repair work being done on some of the seats and concrete bases of the benches on the Battle Green that needs to continue and anything else that might come up. Another important issue is the repaving of Massachusetts Avenue from Waltham Street to just past the Battle Green on Bedford Street, which includes the rebuilding of the island in front of the statue to improve traffic flow. The Selectmen asked that the Battle Green Planning Group be invited to a meeting in the near future to discuss this request further. Mr. Burnell arrived. Spring Street/Marrett Road Intersection Improvements Mr. Livsey, Town Engineer, reviewed the recommended plans for the signalization of the Spring Street/Marrett Road intersection and the proposed improvements. As requested by the Selectmen after the last meeting, Engineering looked again at whether this intersection should be coordinated with the Marrett Road/Waltham Street intersection. The recommendation is that they not be coordinated because they are too far apart and there are too many streets and Selectmen’s Meeting – March 25, 2009 driveways in between. Engineering also looked again at three different sets of volume data, which each trigger the need for signalization. Mr. Kelley does not support the signalization of the intersection because he believes it will diminish the quality of the residential neighborhood, is unnecessary and pedestrians should be encouraged to cross Marrett Road several feet beyond the intersection with the aid of a pedestrian-only signalization. He is also concerned that the available funds will not be enough for both the sidewalk on Spring Street and the full signalization of the intersection. The rest of the Selectmen support the proposed project because it will be the safest way for pedestrians to cross the busy intersection. Mr. Manz thinks cut-through traffic will be a problem and the Town will need to find a way to limit it. He also wants to see 10 foot vehicle lanes to allow for the bike path and traffic calming. Mr. Burnell is concerned about the neckdown being a hazard and feels Engineering should revisit whether to save the two trees. Mr. Van Hook, Sidewalk Committee, is concerned with the signal delay during the time of day when kids are going or coming from school and commuters are going or coming from work. Mr. Livsey said the average delay would be no more than 45 seconds. The 45 seconds is needed to balance the pedestrian and vehicle traffic at the busiest times of the day. Mr. Benjamin, 410 Marrett Road, is concerned with the speed of vehicles when the road is widened to include a turning lane and the safety of pedestrians. Mr. Dudek, 414 Marrett Road, would welcome a police presence. He also asked that a “no right on red” at the end of Spring Street would be helpful. He also asked if an additional 20 to 30 feet be cut from the existing 160 foot turning lane on Marrett Road. On Spring Street he suggested painting a solid lane for bikes, which might help calm traffic and also adding “Stop” signs at all the street coming into Spring Street. The Selectmen asked Engineering to look into Mr. Dudek’s suggestions. Mr. Murnaghan, 70 Spring Street, feels the signal will make it less safe for pedestrians. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to approve the signalization project at the Spring Street/Marrett Road intersection. Upon motion duly made and seconded, it was voted to adjourn at 7:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting March 30, 2009 A meeting of the Board of Selectmen was held on Wednesday, March 30, 2009 at 6:30 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. Battle Green Planning Group Request for Moratorium Ms. McKenna, on behalf of the Battle Green Planning Group presented the request that there be a moratorium on any work, including the replacement of trees and plantings, in the Battle Green area until a master plan is approved for the area. Mr. Hadley, Director of Public Works, reported that a project is scheduled for the upcoming construction season to reconfigure the crosswalks around the Battle Green and to repave Massachusetts Avenue in the area, including work on the islands in front of the Minuteman statue. This project is designed to address safety concerns around the Battle Green and funding has already been appropriated. Several Selectmen expressed concern about issuing a moratorium. The Board decided to table the discussion to a future meeting. Discussion of Proposed Trip to Antony, France Mr. Patrick and Ms. McKenna, chair Tourism Committee, presented information on Lexington’s 20-year relationship with Antony, France and reported on Mr. Patrick’s recent meeting with town officials there. Antony officials have invited Lexington officials and citizens to a rededication of the Place de Lexington in September 2009. Lexington in turn, has invited Antony officials to the Patriot’s Day celebrations in April 2010. Ms. McKenna requested the Board’s approval to send Mr. Valente to Antony for the rededication and asked that the Town pay his travel expenses. She would also like to have one of the Selectmen attend the events in Antony. In addition, Ms. McKenna urged the Board to think of an appropriate place in Lexington to honor Antony when officials visit in 2010. Any Lexington citizens interested in attending the events in Antony, France are encouraged to send an email to lasca@tourlexington.us for more information. Article Positions The Selectmen unanimously support Article 4 – Appropriation Committee Resolution – Health Benefits. Mr. Cohen noted that this is a non-binding resolution. Mr. Mehr presented information on his new motion for Article 43 – Health Benefits. None of the Selectmen supported Article 43. Selectmen’s Meeting – March 30, 2009 Pitcairn Place Sidewalk Waiver The Pitcairn Place residents requested that sidewalks not be included as part of the street acceptance project. The Board reviewed a “Certificate of Action” from 1974 that the Planning Board approved regarding Pitcairn Place. Upon motion duly made and seconded, it was voted 5-0 to reconfirm the vote to waive sidewalks on Pitcairn Place. Consent Agenda One-Day Liquor License – Cary Memorial Library Foundation Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Cary Memorial Library Foundation for a one-day liquor license to sell wine for a fundraiser on Sunday, May 3, 209, at Cary Memorial Library from 6 to 8 p.m. 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