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
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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
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can neither be added to or moved;
clean up and leave the Battle Green as found;
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cancellation or relocation of the event if wet turf conditions require that the Town protect
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the condition of the Green; and
no interference with activities associated with Patriot’s Day events, including the Liberty
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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
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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
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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