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HomeMy WebLinkAbout2009-04-BOS-min Selectmen’s Meeting April 1, 2009 A meeting of the Board of Selectmen was held on Wednesday, April 1, 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. Use of the Battle Green – Committees of Safety Mr. Reddy, Founder of Committees of Safety, came before the Selectmen to request permission to use the Battle Green on Sunday, April 19, 2009 from 12:00 noon to 3:00 p.m. for a “Rally at Lexington Green” to celebrate and compliment the important historical events that occurred on the Battle Green with several different speakers. There will also be some fife and drum corps and Lexington Minute Men involved in the event. Mr. Kelley and Mr. Burnell think it is inappropriate to allow any additional activities that could interfere with the Town’s traditional events around Patriot’s Day. Mrs. McKenna, Tourism Committee does not want this event to interfere with the Liberty Ride or the Battle Green Guides. She is also concerned whether this groups historical information is correct and requested to know what the content of their information is. The Selectmen’s Office provided information on this event to the Town Celebrations Committee, Lexington Minute Men, DPW Superintendent of Parks, Police, Fire, Town Manager’s Office, Town Counsel and asked for comments, questions, issues. The use of the Battle Green should be subject to the following conditions: use of the Town's sound system at a rental fee of $250; as long as the sound level will be ?? set by the DPW workers and will not disturb area church activities and visitors to the Battle Green; use of the stands already set up for Patriot’s Day activities on Monday, April 20, but they ?? can neither be added to or moved; clean up and leave the Battle Green as found; ?? cancellation or relocation of the event if wet turf conditions require that the Town protect ?? the condition of the Green; and no interference with activities associated with Patriot’s Day events, including the Liberty ?? Ride and the Battle Green Guides. Mr. Reddy assured the Selectmen that the group would not do anything to reflect badly on the Town and would abide by the conditions of the permit. Upon motion duly made and seconded, it was voted 3-1-1 (Burnell opposed, Kelley abstained) to approve the request of Committees of Safety to hold a “rally at Lexington Green” on Sunday, April 19, 2009, from approximately 12:00 noon to 3:00 p.m., subject to the conditions listed above. Selectmen’s Meeting – April 1, 2009 School Department Special Education Budget Shortfall Mr. Valente reported that the School Department has a $350,000 shortfall in its FY2009 budget, largely the result of unexpected Special Education costs. The School Department has identified some savings elsewhere in its budget to reduce the shortfall to $275,000. The recommendation is to appropriate $275,000 of free cash that was programmed for the FY2010 SPED Stabilization Fund, which will still allow Town Meeting to appropriate $75,000 to the SPED Stabilization Fund. The Board agreed with the recommendation and the Town Manager will discuss it with the Appropriations Committee. Article Positions The Selectmen took positions and support the following articles: Article 11, Appropriate the FY2010 Community Preservation Committee Operating Budget and for CPA Projects a) Drainage Improvements to Preserve Various Athletic Fields b) Storm Water Mitigation to Preserve the Old Reservoir c) Pond and Drainage Improvements to Preserve Pine Meadows Golf Course d) Archives and Records Management Needs/Records Conservation and Preservation e) Cary Vault Supplemental Appropriation (indefinitely postponed) f) Town Office Building Preservation and Renovation g) Police Station Space Preservation and Needs Study (Kelley opposes) h) Stone Building Renovation i) Fire Headquarters Preservation and Renovation j) Greeley Village Roof Replacement k) Munroe Tavern Historic Structures Report and Capital Needs l) Purchase of Three Affordable Housing Units m) Land Acquisition n) Administration Expenses Article 12, Land Purchase – Off Vine Street Mr. Kelley supports Article 11h, but is not clear on the scope of services for the study and would like more detail prior to any spending of money. Mr. Valente will provide a copy of the RFP to the Selectmen before it goes out to the public. The Selectmen will invite the Permanent Building Committee to a meeting to discuss. Selectmen’s Meeting – April 1, 2009 Mr. Kelley supports Article 11i, but is not clear which plan is being brought forward. Mr. Burnell stated that the three plans are: repairing and upgrade floor, total renovation, or new building. The proposed study will clarify issues around total renovation or a new building. When the study is complete the Permanent Building Committee will present the results to the Selectmen. Mr. Kelley does not support Article 11k because he believes Town funds should not be used for private endeavors. Battle Road Scenic Byway Working Group Appointment Upon motion duly made and seconded, it was voted 5-0 to appoint Jeanne Krieger the Selectmen Liaison to the Battle Green Scenic Byway Working Group. Support State Energy Stretch Code The Selectmen needed additional time to discuss questions regarding this State initiative. It will be on the Selectmen’s agenda on April 6. Mr. Kelley will get input from the building community. The Selectmen also requested that the staff review the State Energy Stretch Code and give comments prior to the April 6 meeting. Reserve Fund Transfer – Labor Counsel Mr. Valente requested a Reserve Fund Transfer in the amount of $17,495 for Labor Counsel services. This amount will cover a portion of the January invoice and the entire February invoice. Under Article 30 of the 2009 Annual Town Meeting funding will be requested for the remainder of the fiscal year. The extraordinary labor counsel costs are related to the complex contract negotiations with the Lexington Police Association and Fire Union. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 6, 2009 A regular meeting of the Board of Selectmen was held on Monday, April 6, 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. Introduction of Visitor from Germany Chief Corr introduced Stephanie Glause, who is a Criminal Investigator with the Brandenburg State Police in Germany. She will be spending about eight months as an unpaid intern in the Lexington Police Department working on different projects. The Selectmen welcomed Stephanie. Grant of Location Upon motion duly made and seconded, it was voted to approve the petition WO#650830, Hill Street, for National Grid to install and maintain approximately 75 feet of 6” gas main in Hill Street from the existing 6” main on Hill Street at House #19 Westerly to House #21. Library Trustees – Disposition of East Lexington Library Materials Ms. Rawson, Director of the Library, updated the Selectmen on the disposition of materials in the East Lexington branch library. Most of the adult material on the first floor was damaged by water, mold and mildew. When the branch library closed staff evaluated all the material and 4,129 items were moved to the main library. The elementary school librarians have taken some of the children items to add to their collections. Also an organization called “Invisible Children” will review the children’s books to see if they can use any of the items. The rest of the approximately 8,000 items are beyond use because of water damage, mold and mildew. Robert Beaudoin, Superintendent of Environmental Services, has been asked to work with the Library to identify a way to recycle the remaining unusable material. Mr. Cohen mentioned that Town Meeting members, during the bus tour, were concerned that the books were in good shape and questioned why they were being disposed of. Mr. Manz agreed that there were questions because externally the books looked usable. It was suggested that a letter telling why the books are no longer usable to the Town Meeting Members list would help. Article Positions Mr. Kelley supports Item c – Pond and Drainage Improvements to Preserve Pine Meadows Golf Course of Article 11, Appropriate the FY2010 Community Preservation Committee Operating Budget for CPA Projects. Selectmen’s Meeting – April 6, 2009 The Selectmen unanimously support Article 26, Establish and Appropriate to Debt Service Stabilization Fund. Support State Energy Stretch Code The Selectmen were asked to send a letter to the Board of Building Regulations and Standards (BBRS) supporting their inclusion of a Stretch Energy Code, which would be subject to acceptance by cities and towns. Mrs. Krieger stated that the BBRS has developed the proposed Stretch Energy Code, in conjunction with the Executive Office of Energy and Environmental Affairs, and it stems from legislation that was adopted last July (the Green Communities Act). The Green Communities Act says Massachusetts will adopt within a year the most recent International Energy Conservation Code (IECC) and that for those communities that want to be green they must have a provision so that new construction minimizes life cycle costs. BBRS has proposed the stretch energy code so that there will be a uniform optional code throughout the state rather than having each community adopt their own code. The proposed code is based on the 2009 IECC so that in the near future the stretch code will become part of the code. She became involved to help enforce Lexington’s commitment to sustainability. She thinks the implementation of this type of stretch code will make Lexington an attractive place to live and do business and will insure that energy savings are being passed on to homeowners and tenants. For those communities adopting the stretch code it gives them the opportunity for resources and certifiers to be developed and put into place and provides an opportunity for the town not to have to invest in equipment and training. She wants to insure that this is available to Lexington and feels it will indicate that Lexington is willing to make meaningful changes in energy consumption. Mr. Kelley sees a number of problems. The proposed stretch energy code will be picking up on an energy code that has not been tested in the field or with a process that would be brought into the general building code. The suggested standards to get residential and large commercial properties to quality at a 40% higher energy efficiency than the 2006 code’s current bench mark would put a tremendous burden on residential properties. This Stretch Energy Code is an effort rd to put the burden of proof of standards on residents through a 3 party testing agency. The market is sophisticated and people are very concerned with energy cost, carbon footprint. Those that are buyers or doing their own projects are seeking out what their contractors and the market is saying about successful equipment or processes. Code issues will be worked out and show up probably in 2010, more likely 2011 or 2012, and will become the responsibility of builders and those working in the industry and will allow communities to include within their inspection services. There are plenty of programs available offering incentives, bonus money, shared expenses for households to buy into higher standards. The current code process makes sure standards and markets match code. This creates a new code, a stand-alone code for energy, and supports being a greener community. He believes it is a mistake to give credibility to a dual enforcement system. Selectmen’s Meeting – April 6, 2009 Mr. Burnell is not comfortable on either side. He will support developing the standards with the understanding that there will be lots of debates and there may be many changes to what is proposed now. Mr. Manz is troubled by the additional cost for building and that it seems to be a fairly large unknown. He will support with reservations. Mr. Cohen will support sending a letter to encourage putting the Stretch Energy Code into the building code. This will give communities an opportunity to adopt or not adopt the code. Mrs. Krieger stated that the dual enforcement system is already here as part of the legislation from the Green Community Act, which assures that there is only one stretch code. If the BBRS adopts the stretch code it will be a signal to communities that certification training needs to go forward and be in place when the 2009 building code comes on line. Mr. Sackton, Chair of the Ad Hoc Climate Action Plan Committee, asked the Selectmen to support the Stretch Energy Code and stated why it is needed as a tool. Heating oil is the largest sources of residential carbon emissions and is an intractable issue in terms of carbon footprint. There are no tools for carbon emission from heating oil, so the only option available is building efficiency and using less heating oil to generate the same types of energy consumption. The problem is that the state requires uniformity with building codes and there are no options to ask for another building code. The stretch code would allow communities to have tools to address heating oil usage that is not available without this exception. Ms. Nolan, member of the Lexington Global Warming Action Coalition, read the following statement regarding the proposed Stretch Energy Code: “Last night, a bridge collapsed in Antarctica. It was made of ice and it connected the Wilkins Ice Shelf to the continent of Antarctica. It crumbled due to a 2-1/2 degree temperature increase in that area of the world. The Ice Shelf is now expected to collapse into the ocean any day, which should be a wake-up call to the world. Scientists are convinced this collapse is due to global climate change. Yes - Antarctica, which is called the Earth's air conditioner, is far from Lexington, but as John Muir said, "Tug on anything at all, and we find it hitched to everything else in the universe. “The world's climate scientists are shocked at how fast climate change is accelerating. Yet, we continue to dump 70 million tons of CO2 into our atmosphere every day and need to stop. We must do our part in Lexington. “Buildings in the US account for 40% of the CO2 pollution. One of the quickest, easiest ways to reduce that number is by increasing building energy efficiency. The 'Stretch Code' proposal would enable Lexington to demand higher efficiency in new construction and large remodeling jobs. Selectmen’s Meeting – April 6, 2009 ”Many homeowners in town have already taken measures to insulate and tighten their homes. The Town has adopted a goal of 20% reduction in energy use in all municipal buildings by 2015. It will be an embarrassment to the Town if the BOS refuses to endorse the stretch code. It will send a very negative message to residents of this community. “Because energy has been so cheap, efficiency hasn't been that important. Now that we know the crisis we are facing, we cannot go on building the same old way. “Building contractors have just 3 things they need to do differently in order to attain the 40% reduction in energy consumption in new buildings: ”First: They must tighten the building envelope. Second: They must reduce the energy load in the building by reducing the sun's heat in summer and increasing the solar gain in winter. Third: They must add at least 1" of rigid foam insulation to the exterior of the building. ”Many of the costs for these improvements will be paid for by the utilities, who are offering rebates and incentives. The rest of the costs will be returned to the homebuyers when they pay considerably lower energy bills for the life of the building. The buyers will also be eligible for a higher mortgage because their monthly expenditures will be lower for energy. This is a win-win situation for everyone, especially our children and grandchildren. “If you look closely at the new regulations, they are very moderate and easily attained, especially with the new building products available, such as SIPS (Structural Insulated Panels). ”In fact, a builder who grew up in Lexington, Carter Scott, has built a Net Zero Energy development in Massachusetts. The homes produce as much energy as they use, which is a very important fact to the homebuyers. If Mr. Scott can build these super-energy efficient homes, I am sure Lexington building contractors can do the same, with ease. ”Energy prices will not stay as low as they are now - I am sure you will all agree that we will again see $4/gal oil and gas. A home that uses 40% less fuel to heat and cool will be very attractive to buyers when that day comes. ”Lexington Global Warming Action Coalition urges the BOS to endorse the State Stretch Building Codes.” The Selectmen would request that Town Meeting decide whether to adopt or not the Stretch Energy Code in the Building Code. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to send a letter to the Massachusetts Board of Building Regulations and Standards supporting the inclusion of a Stretch Energy Code. Selectmen’s Meeting – April 6, 2009 Sign Warrant for May 6, 2009 Special Town Meeting Upon motion duly made and seconded, it was voted 5-0 to sign the May 6, 2009 Special Town Meeting Warrant. Consent Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of water and sewer charges: Adjustments of Water/Sewer Charges for April 6, 2009 $-7,697.13 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of March 9, 2009, March 16, 2009, March 19, 2009, March 25, 2009 (as revised), March 30, 2009 and April 1, 2009. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of March 9, 2009 and March 19,2 009 Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 13, 2009 A meeting of the Board of Selectmen was held on Monday, April 13, 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. Approve Allocation of HOME Funds Mr. Henry, Senior Planner, and the Lexington Housing Partnership requested the Board’s approval to allocate an additional $111,498 from Lexington’s federal HOME dollars to Supportive Living, Inc. for the Douglas House project. FY2007 funds ($54,721) were previously allocated to LexHAB for the Parker Manor project, but were withdrawn at LexHAB’s request. These funds must be spent by June 30, 2009 or are subject to federal recapture. Mr. Kanter, Precinct 7, asked the Board to limit the allocation of funds to the $54,721 that must th be spent by June 30and deny any further funding at this time. Mr. Henry explained that because of the time frame involved in the development of deserving projects, he did not foresee another recipient in the next few years. Upon motion duly made and seconded, it was voted 5-0 to approve the allocation of $111,498 of available HOME funds to Supportive Living, Inc. for the Douglas House project. Communications Advisory Committee – Closing of March 26, 2009 RCN Hearing Mr. Buczkowski, member Communications Advisory Committee, appeared before the Board to close the March 26, 2009 RCN Hearing regarding their contract renewal. No residents attended the hearing, and no written statements were received, except from Mr. Becker, a member of the CAC. Mr. Burnell thanked the Communications Advisory Committee for their work in negotiating the details of the contract. Upon motion duly made and seconded, it was voted 5-0 to close the March 26, 2009 RCN Contract Renewal Hearing. Article Positions Mr. Hornig, chair Planning Board, presented the zoning / land use articles. The Selectmen were generally supportive of the Planning Board articles, but the consensus was to wait to take a position until the Planning Board report was issued. Mr. Thuma, 149 Wood Street, asked the Planning Board to include methodology that would protect abutting neighborhoods to the Hartwell Avenue area. Ms. Arnold, Transportation Advisory Committee, reported that she comments regularly at the Planning Board meetings and it looks like there has been some response to her concerns. Selectmen’s Meeting – April 13, 2009 Article 44 - Amend Zoning By-Law, CM and NFI District Changes (wait until report) Article 45 - Amend Zoning By-Law Traffic (wait until report) Article 46 - Amend Zoning By-Law Zoning Map Revision (wait until report) Article 47 – Amend Zoning By-Law – Technical Corrections (wait until report) Article 48 – Amend Zoning By-Law – Financial Support for Transportation (Citizen) (Planning Board opposes based on what was presented at hearing) Article 49 – Amend Zoning By-Law – CRO and RO to CD 95-99 Hayden Avenue, 124-128 Spring Street (wait to take position until next meeting) Appointments – Design Advisory Committee and Energy Conservation Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Friedson to the Design Advisory Committee for a term to expire September 30, 2009. Upon motion duly made and seconded, it was voted 5-0 to appoint Jeff Nestel-Patt and Prabir Maulik to the Energy Conservation Committee. Future Meetings The Selectmen scheduled future meetings. Vote as to the Uniqueness Status of Leary Land Upon motion duly made and seconded, it was voted 5-0 to sign the Record of Vote of the Board of Selectmen dated April 13, 2009 with respect to the uniqueness status of the Leary Land. Consent Agenda Sidewalk Permit – Bertucci’s Upon motion duly made and seconded, it was voted 5-0 to approve the request of Bertucci’s Restaurant for permission to provide sidewalk table service, including the sale of alcoholic beverages, subject to any requirements established by the Town Manager’s Office. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 7:25 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting April 15, 2009 A meeting of the Board of Selectmen was held on Wednesday, April 15, 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. Adult Day Care Ms. Rodgers, Human Services Director, stated that since the Council on Aging (COA) Subcommittee on the Senior Supportive Day program completed its report in February 2008, there continues to be a decline in participates. There is an average of 16 participants a day; a total of 29 participants are served and 13 of them are Lexington residents. Despite increased marketing efforts and newspaper articles, participants seem to be coming in with more advanced medical needs; which means they have to leave and go to assisted living or long-term care facilities. In March 2009 the Director and Assistant Director of the program announced their retirement on June 30 2009. Because of demographic changes, increased costs to the Town due to decreased attendance and retirement of key employees, the Supportive Day Care program will close effective July 1, 2009. Regarding transition plans, Ms. Rodgers met with Joanna Fuller, Executive Director of Cooperative Elder Services, Ms. Cohen, Chair of the COA, Linda Vine, Deputy Town Manager, and David Williams, who is on the Board of Directors of Cooperative Elder Services (CES). CES is a Lexington non-profit group that operates adult day programs that serve over 16 towns in the area with three levels of care: supportive day, intermediate dementia care and complex medical care. CES agreed to meet with the affected clients and families to help with placement options in programs located in Arlington, Concord and Burlington; there are currently no openings available in Lexington. Human Resources staff will meet with and assist families through the transition with case management and support; which will include home visits, individual meetings and site visits with families if desired. Human Resources will also work with the Council on Aging to develop ideas and possible funds to help Lexington citizens with transition costs. Ms. Cohen, Chair of the COA, said that the COA has conducted several studies of programs and is concerned about the current number of clients and the costs. COA feels having the program is an important service that the Town provides. They also recognize that there is a financial obligation. Reluctantly they feel that this is the proper time to close down the program, but they are very concerned, particularly for the Lexington residents, that will be affected. Ms. Trudeau is concerned that the CES program is different from Lexington’s Supportive Day Care program. CES runs a medical model, which is more expensive and serves a different population, that MassHealth pays for, who are not just elderly. Selectmen’s Meeting – April 15, 2009 The Supportive Day Care model is not eligible for insurance reimbursement. Sometimes long- term care covers. Usually payment comes from private or federal funding. Ms. Cohen stated that CES is licensed to provide Supportive Day Care but they do not have enough people currently interested in the program; so participants would be put into a group that has more medical needs. The COA will work with CES for current clients who choose to go there but will continue to look for other alternative options in case CES does not work for them. COA is also looking to see what funding might be available for the transportation costs for those clients that will have to travel further. Mr. Burnell wants to make sure the Town stays engaged with CES to make sure Lexington participants are getting the best possible service. Upon motion duly made and seconded, it was voted 5-0 to endorse the recommendation of Council on Aging Board to close the Supportive Day Care program as of July 1, 2009, with much regret. Article Positions Article 31, Appropriate for Authorized Capital Improvements, will be put off until the end of Town Meeting because of the Lincoln Field methane gas project, which may need additional funds. Approve Charge and Appoint Proposed Members – Ad Hoc Fiscal Task Force This task force will evaluate the Town’s likely financial scenario for the FY2010 to FY2014 period, identify options for dealing with the challenges and recommend policies and actions to maintain stable and vibrant Town services when financially feasible. The composition of the committee will include two Selectmen, one person from the School Committee, one TMMA member, up to 7 citizens and the following staff: Town Manager, Assistant Town Manager for Finance, Budget Officer, and the School Superintendent or his designee. Upon motion duly made and seconded, it was voted 5-0 to adopt the charge for the Ad Hoc Fiscal Task Force. Upon motion duly made and seconded, it as voted 5-0 to appoint Margery Battin, George Burnell, Peter Enrich and Charles Benson to the Ad Hoc Fiscal Task Force. Upon motion duly made and seconded, it was voted 5-0 to designate all members of the Ad Hoc Fiscal Task Force as Special Municipal Employees. The Selectmen all agreed that Lexington’s Senators and Representatives need to be invited back to an upcoming meeting to discuss local aid reductions, action needed by the legislature on the taxation of telecommunication companies and giving some additional powers to cities and towns. Selectmen’s Meeting – April 15, 2009 William Diamond Fife & Drum – Use of the Battle Green and a March Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green on Friday, May 1, 2009, from 7:00 p.m. to 8:00 p.m. by the William Diamond Jr. Fife & Drum Corps for a Tattoo. Upon motion duly made and seconded, it was voted 5-0 to approve a parade of the William Diamond Jr. Fife & Drum Corps on Saturday, May 2, 2009, beginning at 12:00 noon from the high school parking lot on Worthen Road to lower Hayden Field. Road Construction Funding Plan for 2009 Mr. Valente is recommending that borrowing approved for storm drain improvements be put on hold to try and limit the Town’s debt service for a couple of years. It is recommended that Chapter 90 funds as of March 31, 2009 in the amount of $1,472,842 be used, along with approved tax levy amounts totaling $769,765 and borrowed amount totalings $86,000, for a total of $2,328,607. The Chapter 90 funds authorized April 1, 2009 ($695,965) will be available if needed. That total will be used to pay for the increased asphalt costs on Woburn Street ($219,000), paving of Lowell, Grove, Burlington and North Streets ($1,407,851), Massachusetts Avenue from Waltham Street to the Battle Green ($284,174) and additional anticipated costs (inspections, police detail and general asphalt escalation costs) of $340,000. Total $2,251,024. Currently updating the Pavement Management Plan is on hold ($84,000). Continuing discussions are underway as to whether it needs to be done now, but it is an important tool for the DPW. Mr. Valente made clear that the storm drain improvement work approved by Town Meeting will still be done, but will not be bonded at this time. The Selectmen support not using, at this time, the borrowing authority approved at the 2007 Annual Town Meeting for Storm Drain Improvements ($231,375) and the 2009 Annual Town Meeting for Storm Drain Improvements ($160,000). Consent Agenda One-Day Liquor License – Lexx Restaurant Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Lexx Restaurant for Saturday, April 25, 2009, from 5:00 p.m. to 10:00 p.m. to serve beer and wine at the Depot Building for a fundraiser art show to benefit Fund for Lexington and the Lexington Center Lighting Committee. Selectmen’s Meeting – April 15, 2009 2009 Minuteman Cane Award Upon motion duly made and seconded, it was voted 5-0 to approve and sign the 2009 Minuteman Cane Award. Sign Proclamation for Arbor Day Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation to proclaim April 24 2009 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. Town Manager Reappointments to Board of Health and Conservation Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointments of Bert Perlmutter to the Board of Health for a 3-year term to expire April 30, 2009 and Ralph Bitsko to the Conservation Commission for a 3-year term to expire March 31, 2012. Upon motion duly made and seconded, it was voted 5-0 to adjourn at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 27, 2009 A regular meeting of the Board of Selectmen was held on Monday, April 27, 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. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to consider the value of real estate where an open session could have a detrimental effect on the Town’s position in contract negotiations and return to open session in approximately 15 minutes. Proposed Amendment – Beal Company Traffic Mitigation Agreement Mr. Valente reviewed the proposed changes to the Memorandum of Understanding between Lexington and The Beal Companies, LLP previously approved on March 19, 2009. Beal has agreed to contribute $35,000 to the Traffic Mitigation Stabilization Fund after Town Meeting and Attorney General approval of the requested zoning change that will be used for a Traffic Master Plan for Spring Street. Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to approve the proposed changes to the Memorandum of Understanding between The Beal Companies, LLP and the Town of Lexington as presented by the Town Manger. Article Positions Zoning/Land Use Articles Ms. Arnold, Chair of the Transportation Advisory Committee (TAC), provided the Selectmen with TAC’s positions on Article 45, Amend Zoning By-Law – Traffic; Article 48, Amend Zoning By-Law – Financial Support for Transportation; and Article 49, Amend Zoning By-Law – CRO and RO to CD 95-99 Hayden Avenue, 124-128 Spring Street. TAC looked closely at each article for three components they feel are necessary for development proposals in Lexington: infrastructure (including bikeways, sidewalks and traffic calming measures), support for a transportation system (including a management association sponsored system that goes to Alewife or a contribution to Lexpress), and program implementation (which would include education and support of alternative transportation resources and incentives to use them). TAC supports Article 45 because it has all 3 components; they look forward to working them the Planning Board to get study going and working with consultant. TAC also supports Article 49 because the transportation piece includes the three components. Article 48 was difficult because it has the three elements; however TAC felt it should focus on Article 45 as long as it is approved by Town Meeting; it was not unanimous, but TAC voted not to support Article 48. A majority of the Selectmen support the following articles: Selectmen’s Meeting – April 27, 2009 Article 44, Amend Zoning By-Law, CM and NFI District Changes Article 45, Amend Zoning By-Law, Traffic Article 46, Amend Zoning By-Law – Zoning Map Revision Mr. Kelley will wait to take a position on Articles 44, 45 and 46. All the Selectmen support Article 47, Amend Zoning By-Law, Technical Corrections, and Article 9, Appropriate for Planning Board Consulting Services. Article 25 – Establish and Appropriate to Specified Stabilization Funds Mr. Valente reviewed the changes to Article 25, which include appropriating $350,000 to the Special Education Stabilization Fund and establishing a new Center Improvement District Stabilization Fund with $100,000 from funds received from Lexington Place. All of the Selectmen support this article. Article 30 – Amend FY2009 Operating Budget All of the Selectmen support this article as proposed. Article 31 – Appropriate for Authorized Capital Improvements Mr. Valente reviewed the motion for Article 31, which requests an additional $150,000 for the Lincoln Field Methane Mitigation Wall for the construction of a subsurface slurry wall. The Selectmen did not take a position. Mr. Kelley is opposed to this request for additional funds. Waltham Street Crosswalk The DPW is proposing to begin design work on the Waltham Street crosswalk in the location of Brookhaven/Watertown Savings Bank, which would be a pedestrian activated signal to stop traffic. Funding for the design work (approximately $15,000) could come from one of two sources: 1. Article 15(k) – Traffic Mitigation: Use of funding from this source would delay the start of work until July 1; or 2. Article 31 – Authorize for capital Improvements: The Selectmen would recommend amending the FY2009 (2008 Annual Town Meeting) Street Improvements Article, increasing it by $15,000. The source of the funding would be Traffic Mitigation Stabilization Fund (using a portion of the $35,000 I mitigation money provided by Watertown Savings Bank). Work could begin immediately. The $35,000 received from the Watertown Savings Bank cannot be used at this time because there is no way to extract the money; it would need to go before a Town Meeting or Special Town Meeting. Mr. Valente recommended using funds from Article 15(k) – Traffic Mitigation and the Selectmen agreed. Selectmen’s Meeting – April 27, 2009 Lexington’s Massachusetts Technology Collaborative Funds – Teacher Workshop Upon motion duly made and seconded, it was voted 5-0 to approve the use of $2,475 from Lexington’s Massachusetts Technology Collaborative funds for renewable energy staff training. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer commitment charges: Commitment of water/sewer charges for March 2009 (Special) $86,404.65 Commitment of water/sewer charges for March 2009 (Cycle) $163,762.52 Commitment of water/sewer charges for March 2009 (Finals) $5,129.78 One-Day Liquor License – Shake-it for Shelter Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for Parenting Resource Associates Shake It for Shelter fundraiser on Saturday, June 13, 2009, from 7:30 p.m. to 11:00 p.m., contingent on not serving alcohol after 11:00 p.m. and turning off the music no later than 11:00 p.m. Town Manager Appointments – Youth Commission Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s reappointment of Douglas M. Lucente and C. Robert Litchfield to the Youth Commission for 3- year terms to expire March 30, 2012. Multi-Town Response to Verizon Petition Upon motion duly made and seconded, it was voted 5-0 to support a common response letter sent to the Department of Telecommunications and Cable (DTC) by Peter Epstein, Cable Counsel, on behalf of cities and towns affected by Verizon’s petition to eliminate the requirement that cable licensees report their total number of subscribers. SAFETEA-LU Project Request Upon motion duly made and seconded, it was voted 5-0 to send a letter to Congressman Markey supporting the FY2009 SAFETEA-LU Project funding request for the Waltham Street, Hayden Avenue and Spring Street Corridor Transportation Improvements. Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting April 29, 2009 A regular meeting of the Board of Selectmen was held on Wednesday, April 29, 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. Letter to DTC Regarding Verizon’s Petition Mr. Buczkowski, Communications Advisory Committee, presented a letter to the Department of Telecommunications and Cable regarding the petition by Verizon New England, Inc. for Amendment of the Cable Division’s Form 500 (Cable Operator’s Annual Report of Consumer Complaints) to eliminate annual reporting of subscribers in individual municipalities. The letter states that the Board of Selectmen, as the issuing authority for cable licensing in the Town, strongly opposes the petition. The main effect of this change would be to make the jobs of state and local officials more difficult, ultimately reducing subscriber service quality. Upon motion duly made and seconded, it was voted 4-0 (Mr. Manz had not yet arrived) to approve sending a letter to the Department of Telecommunications and Cable opposing Verizon’s petition requesting the elimination of the annual reporting of subscribers in individual communities. RCN Contract Renewal Update Mr. Buczkowski, Communications Advisory Committee, updated the Board on the proposed terms of the cable license renewal contract with RCN. He outlined six points, which were the only changes to RCN’s current license. Special Town Meeting Warrant Article Positions The Board reviewed and commented on the list of Special Town Meeting Warrant Article Assignments. Article Positions Article 28 – Appropriate to Stabilization Fund will be indefinitely postponed. A majority of Selectmen support Article 31 – Appropriate for Authorized Capital Improvements, with the exception of Mr. Kelley. A majority of Selectmen stated that they would wait to take a position on Article 48 – Amend Zoning By-Law – Financial Support for Transportation (Citizen), with the exception of Mrs. Krieger and Mr. Burnell who do not support the article. Selectmen’s Meeting – April 29, 2009 The Selectmen unanimously support Article 49 – Amend Zoning By-Law – CRO and RO to CD 95-99 Hayden Avenue, 124-128 Spring Street. Boston MPO Election The Boston Region Metropolitan Planning Organization (MPO) is a cooperative board that reviews all transportation projects before they go forward. The Town of Bedford is interested in continuing as our representative to the MPO and has asked the Board to support their nomination. Upon motion duly made and seconded, it was voted 5-0 to support Bedford’s nomination as our representative to the MPO. Lexington Place Requests Lexington Place has requested the Selectmen’s permission for the following protrusions: Fixed entrance canopy on Waltham Street Exterior bracket lighting on Mass. Avenue and Waltham Street Building cornice on Mass. Avenue and partial cornice on Waltham Street Partial footing on Mass. Avenue Lexington Place also asked for permission to designate Units 107, 210 and 308 as affordable housing instead of Units 107, 210 and 208. In the marketing process and presales, Unit 208 was sold and a similar two-bedroom unit (Unit 308) was designated as the affordable unit. Mr. Valente pointed out that Lexington Place would install a wire cut brick sidewalk on Massachusetts Avenue, in front of the building, at no cost to the Town. Lexington Place was only required to install a concrete sidewalk since the approval of the project was made before the new standard of sidewalk was created. Upon motion duly made and seconded, it was voted 5-0 to approve the protrusion of cornices, footings, lighting and entrance canopies at Lexington Place, which protrude into public space. Upon motion duly made and seconded, it was voted 5-0 to approve the designation of Unit 308 at Lexington Place as an affordable unit in place of Unit 208. Common Victualler and Entertainment Licenses for Palio’s Palio’s Italian Grill, formerly Max Stein’s American Restaurant, requested a new Common Victualler and Entertainment license reflecting their change in d/b/a. Upon motion duly made and seconded, it was voted 5-0 to approve and sign a Common Victualler and Entertainment license for Palio’s Italian Grill, 94 Hartwell Avenue. Selectmen’s Meeting – April 29, 2009 Appointments – Design Advisory Committee and Ad Hoc Fiscal Task Force Design Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Steven Vincent as a full member to the Design Advisory Committee for a term to expire September 30, 2009. Ad Hoc Fiscal Task Force Upon motion duly made and seconded, it was voted 5-0 to appoint Jeanne Krieger, Tom Diaz, Cathy Gill, John Rosenberg and Paul Asquith to the Ad Hoc Fiscal Task Force. Discuss the Creation of an Ad Hoc Facility Study Committee Mr. Valente discussed a memo from Mr. Ash, Superintendent of Schools regarding the creation of an Ad Hoc Facility Study Committee. Given the wide scope of projects recommended by Design Partnership and the $60 million projected cost, Mr. Goddard, Facilities Director, and Mr. Ash recommend that a committee be established to review the Design Partnership report and to make recommendations to the School Committee. The committee would publicly issue its report in the fall. Mr. Valente asked that the Board appoint one member of the Permanent Building Committee and two Selectmen to the Committee. The consensus of the Board was that they would participate in forming this committee. Use of Battle Green and Parade – Memorial Day Celebration The Town Celebrations Committee has requested permission for the Memorial Day parade and ceremonies on the Battle Green. Police, Fire, and DPW departments have no objections to the plans. Upon motion duly made and seconded, it was voted 5-0 to approve the requests of the Town Celebrations Committee for Memorial Day that include a parade and ceremonies on the Battle Green as outlined in their letter dated April 22, 2009. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss disposition of real estate, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 7:20 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk Selectmen’s Meeting April 30, 2009 A meeting of the Board of Selectmen was held on Thursday, April 30, 2009 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present. Also present: Ms. Simmons, Recreation Director; Ms. Mullins, Conservation Director; Ms. McCall-Taylor, Planning Director; and Ms. Shaw and Mr. Thuma, Recreation Committee. Mr. Cohen announced that Mr. Kelley was out of town and Mr. Manz had a previous commitment. Busa Farm The purpose of the meeting was to discuss with the abutters the possible purchase of the Busa farm (approximately 8 acres) and what the Town is thinking of using the land for. Mr. Valente stated that negotiations to purchase the parcels are ongoing and the Town hopes to finalize an agreement in the next few days. The Town showed a few options for possible uses of the land that included: affordable housing units, community gardens, playgrounds, soccer/little league fields, walking trail and parking. Mr. Valente explained that the Busa’s contacted the Town in December to see if they were interested in purchasing the land. The land is Chapter 60A Land, which means it has reduced tax status due to its agricultural use, and so the Town has the right of first refusal to match any bona fide offer. Abutters had several questions: 1. Whether the affordable housing units would include driveways? Yes 2. What the housing units would look like and how many people could live there and the impact on the Harrington School? Either single family or duplexes – no decision yet of what the units would look like. 3. Whether the affordable units would be purchased or rented? LexHAB housing is all rental and affordable and follow a process of advertising for qualified tenants. Minuteman Tech builds the houses at a very reasonable cost. 4. Land would require earth moving for a level playfield? The Town would need to level some of the land and do drainage work. 5. Concerns regarding the location of the parking lot and it causing congestion, privacy issues and parking on side streets – has a traffic study been done and look at parking alternatives? Not yet. The land will not be developed for a few years. 6. Don’t need little league/soccer field, use Rindge? The Rindge field is too small for little league and soccer. 7. Concerns about the farm not being kept up and falling apart. Part of negotiations with the Busa’s includes that they will continue to farm the land possibly for a few years. They would remove all the greenhouses, except one, and clean up the property. Selectmen’s Meeting – April 30, 2009 8. Keep the land natural because of water issues. 9. Do traffic study to see if the uses of this land will affect the value of houses on Lowell Street. 10. Cost to build fields? Estimated at $350,000 to $500,000 for a full soccer field. 11. Arlington resident was concerned about the environmental impact any uses would have on the Arlington reservoir and brook. Ms. Kern, 72 Lowell Street, is in support of the Town purchasing the land, rather than a developer. She would like to see the community get involved and come up with a better plan for the land, possibly to continue using it as a farm, to educate and teach children about farming. Several of the abutters were in favor of keeping the farming aspect going on the land. Abutters were concerned about how the Town would present the purchase of the Busa land at Town Meeting. They wanted to be sure that farming was an option. The warrant article at the Special Town Meeting on May 6 is asking that the town purchase the Busa land only. Decisions on how to use the land and requesting additional funds will come up at a subsequent Town Meeting. The Community Preservation Committee will hold a public meeting regarding the purchase of the Busa land on Tuesday, May 5; Town Meeting Members Association will hold an informational meeting also on Tuesday, May 5. Abutters are encouraged to attend both meetings and to also attend Town Meeting and contact their Precinct 1 representatives. Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk