HomeMy WebLinkAbout2009-05-BOS-min
65-402
Selectmen’s Meeting
May 4, 2009
A regular meeting of the Board of Selectmen was held on Monday, May 4, 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.
Liquor License Transfer Hearing – 1727 Massachusetts Avenue
Mr. Fenn, the attorney representing Karen and Kevin Masterson, requested approval of the
transfer of the Not Your Average Joe’s liquor license to Nourish, Inc. The new restaurant will
aim to provide healthy, energetic food. They plan to make minor changes to the floor plan. As
soon as they receive approval from the Alcoholic Beverages Control Commission on the liquor
license transfer they will make the changes and open in about four weeks.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a transfer
of a liquor license and to issue an all alcoholic common victualler liquor license to Nourish, Inc.,
d/b/a Nourish eat well live well, 1727 Massachusetts Avenue.
Economic Development Advisory Committee Report
Mr. McWeeney, Chair of the Economic Development Advisory Committee (EDAC), came
before the Selectmen requesting permission to provide information to town meeting members
regarding their position on the Beal project and an EDAC report under Article 2, including
development guidelines. Ms. Mahoney, who will present the information at town meeting,
summarized the Article 2 report, which describes some of the activities being undertaken, what
the committee’s makeup is, the proposed development guideline criteria and the EDAC position
with respect to economic development.
Upon motion duly made and seconded, it was voted 5-0 to approve the submission of a report by
the EDAC to Town Meeting under Article 2 of the Annual Town Meeting.
Upon motion duly made and seconded, it was voted to approve placing the recommendation
memo regarding Beal Companies rezoning proposal on the Town Meeting table.
Article Positions
Ms. Brown, Town Moderator, asked if the Selectmen would approve the Transportation
Advisory Committee making a brief revised report under Article 2 changing their
recommendation regarding Article 48. TAC originally did not support Article 48 and have
changed their position to support.
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Selectmen’s Meeting – May 4, 2009
Article Positions for Special Town Meeting
The Selectmen took positions on the May 6 Special Town Meeting Articles:
All of the Selectmen support the following articles:
Article 3 – Petition for Change of Zoning District, 12-18 and 24 Hartwell Avenue]
Article 4 – Appropriate for Clarke School Sprinkler System
Article 6 – Land Purchase – Off Lowell Street
Article 7 – Appropriate for community Preservation Committee Administrative Expenses
Article 2 – Amendment to Preliminary Site Development and Use Plan, 125,131 and 141 Spring
Street, is supported by four Selectmen; Mr. Kelley is waiting for additional information.
Article 5 – Munroe School Disposition; indefinite postponement of this article is supported by
three Selectmen; Mr. Kelley is waiting for additional information and Mr. Burnell is abstaining.
Article 8 – Amend FY2009 Enterprise Fund, is being indefinitely postponed.
Article 9 – Resolution Relating to Development and Use Change at Hanscom Field, is supported
by three Selectmen; Mr. Kelley and Mr. Burnell are waiting for additional information.
Approve Bench Locations for Lincoln Field
Upon motion duly made and seconded, it was voted to approve three locations for benches at
Lincoln Field, as proposed by David Pinsonneault, Superintendent of Public Grounds, subject to
approval from the Recreation Committee.
Approve MWRA Local Pipeline Assistance Program
Upon motion duly made and seconded, it was voted 5-0 to authorize the Treasurer to enter into a
loan agreement with the MWRA for a $1,385,613 interest free loan for the replacement of
unlined cast iron water mains (project WRA9-010-189).
Consent Agenda
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted to approve the following water and sewer
adjustments:
Adjustments of Water/Sewer charges for May 4, 2009 $-14,424.89
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Selectmen’s Meeting – May 4, 2009
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
for a discussion of real estate, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 7:05 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
65-405
Selectmen’s Meeting
May 6, 2009
A regular meeting of the Board of Selectmen was held on Wednesday, May 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. Chabot, Assistant to the
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 to return to open session.
The Board returned to open session at 6:50 p.m.
Patriot Partners Traffic Mitigation Agreement
Mr. Valente presented the proposed traffic mitigation agreement between the Town and Patriot
Partners. This agreement provides mitigation of approximately $1.4 million to the Town. This
is based on a payment of $1,900 per proposed parking space, and is comparable to the agreement
with the Beal Companies. Within the $1.4 million, payments are made to the Town at various
stages of the development process and earmarked for specific purposes. In addition, Patriot
Partners has agreed that any new construction at the property be designed in accordance with the
Silver Standard of the LEED green building system, and that no further tax incentive benefits be
extended to Shire.
Mrs. McKenna, Precinct 6, was very disappointed that this agreement took off the table the
original offer of $12,000 paid yearly in perpetuity to fund Lexpress, and replaced it with a lump
sum payment of $200,000. Mrs. Krieger pointed out that Patriot Partners is already making an
annual contribution to Lexpress.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Memorandum of
Understanding between Patriot Partners Lexington LLC and the Town of Lexington,
Massachusetts.
Sign Busa Farm Letter of Intent
Mr. Cohen reported that with regard to the Busa Farm property, the Board has had the
opportunity to review the Letter of Intent to Purchase Real Estate.
Mr. Bartenstein, Precinct 1, informed the Selectmen that he planned to move an amendment to
the main motion for Article 6 (Land Purchase Off Lowell Street) at Town Meeting to add a
resolution that the Board of Selectmen form an ad hoc Busa Farm Land Use Committee made up
of five to seven disinterested residents of the Town, to conduct a master planning process for the
eventual use of the Busa Farm land.
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Selectmen’s Meeting – May 6, 2009
The consensus of the Board was to take a position on the amendment when it comes up at Town
Meeting.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Letter of Intent
to Purchase Real Estate from Dennis Busa, Francis Busa and Gay McGarvie, said real estate
known as Parcel 1 (Assessor’s Map 20, Lot 38) containing approximately 41,367 square feet,
Parcel 2 (Assessor’s Map 20, Lot 40A) containing approximately 2.43 acres and Parcel 3
(Assessor’s Map 20, Lot 43) containing approximately 4.47 acres.
Letter to MBTA Regarding Financial Crisis – Transportation Advisory Committee
The Transportation Advisory Committee has requested that the Selectmen send a letter and
weigh in on the funding of transportation services that impact Lexington.
Upon motion duly made and seconded, it was voted 4 – 1 (Mr. Burnell abstained) to approve
sending a letter to the MBTA regarding the funding of transportation services that impact
Lexington.
Resignation – Sidewalk Committee
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Lisa Baci
from the Sidewalk Committee, effective immediately.
Reappointment/Appointment – LexHAB and Ad Hoc Fiscal Task Force
LexHAB
Upon motion duly made and seconded, it was voted 5-0 to reappoint David Eagle, William Hays
and Martha Wood to the Lexington Housing Assistance Board for a term to expire May 31,
2012.
Ad Hoc Fiscal Task Force
Upon motion duly made and seconded, it was voted 5-0 to appoint Andy Friedlich to the Ad Hoc
Fiscal Task Force.
Sign Leary Land Purchase and Sale Agreement
The Purchase and Sale Agreement for the Leary Estate land, 116 Vine Street, which was
approved for purchase by the 2009 Annual Town Meeting, has been executed by Mr. Woodbury,
the Executor of the Estate of Joseph R. Leary, and is ready for the Selectmen’s approval and
execution. The Purchase and Sale Agreement was prepared and approved by Anderson &
Kreiger.
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Selectmen’s Meeting – May 6, 2009
Upon motion duly made and seconded, it was voted 5-0 to approve and execute the Purchase and
Sale agreement, for the purchase of the Property, that was delivered to the Board on May 6,
2009, which purchase was approved under Article 12 of the 2009 Annual Town Meeting.
Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to take
all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town
Manager, to complete the purchase of the Property by the Town in accordance with the Purchase
and Sale Agreement and the applicable Town Meeting vote, including without limitation deliver
closing funds and signing closing forms and documents as well as settlement statements.
Consent Agenda
One-Day Liquor License – St. Nicholas Greek Orthodox Church
Upon motion duly made and seconded, it was voted 5-0 to approve the request of St. Nicholas
Greek Orthodox Church for a one-day liquor license for Saturday, May 30, 2009, from 7-10 p.m.
to serve wine and beer for a fundraiser.
Upon motion duly made and seconded, it was voted to adjourn at 7:30 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
65-408
Selectmen’s Meeting
May 7, 2009
A meeting of the Board of Selectmen was held on Thursday, May 7, 2009 at 8:00 a.m. in the
Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger and Mr.
Burnell; and Ms. Pease, Executive Clerk, were present.
Patriot Partners Development on Spring Street
At the request of the neighbors of the proposed Patriot Partners project on Spring Street, they
were invited to come and talk with the Selectmen about their concerns and questions regarding
the development.
Ms. Ciccolo, 50 Shade Street, thanked the Selectmen for having this meeting. Speaking for many
of the neighbors, the general sentiment is that the project has moved too quickly without enough
interaction with neighbors and time to study the traffic systems in town and also a concern that
the Town has not looked comprehensively at Hayden/Spring area in advance of approving a
single rezoning.
Questions included: What is the status of the Traffic Calming Policy and can any assurances be
given that Shade Street will be looked at as a high priority.
Mr. Livsey, Town Engineer, stated that the draft policy has recently been reviewed and revised
by staff and will be brought before the Selectmen soon for review and then implementation.
The Patriot Partners mitigation package includes an earmark for a traffic calming study on Shade
Street. The Selectmen are committed to going forward with the traffic study for Shade Street
and looking at what is warranted to improve current conditions. Once the study is conducted the
results will be examined against the Traffic Calming Policy and the Selectmen will decide what
next the steps will be, with a recommendation from the Traffic Safety Advisory Committee, who
will oversee the process. Traffic calming will be based on the merits of the traffic study, not on
the cost.
Neighbors are concerned the intersections that will be compromised by the development will not
have enough money earmarked to improve them.
The following are moneys known to be coming in:
1.From the Patriot Partner/Shire development the Town has received a MORE Grant
received to use for the sidewalks on Spring Street and the intersection of Marrett Road
and Spring Street. The work will be started this season.
2.The traffic light at the Marrett Road/Waltham Street intersection is on the TIP list and the
work will be completed in 2011 or maybe a little earlier.
3.The Town is applying for a PWEC grant as a result of the Patriot Partners/Shire
development that will address intersection improvements at the Spring Street/Hayden
Avenue, Spring Street/Concord Avenue and the sidewalks on Hayden Avenue.
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Selectmen’s Meeting – May 7, 2009
4.In South Lexington there is money coming from Avalon for the Concord Avenue
Sidewalk project.
5.There is an RFP out for the crosswalk project on Waltham Street near Brookhaven; the
funds are coming from the Watertown Savings Bank Mitigation Agreement.
6.The Town submitted a SAFETEA-LU project proposal request for a South Lexington
area project.
The remaining important intersection is Waltham Street/Hayden Avenue, of which funds in the
mitigation bank will become available as a result of approval of development. The Town needs
the help of the development community to address traffic issues.
Neighbors asked if mitigation funding would be available up-front to get the traffic study done.
The mitigation money becomes available after Town Meeting approval and approval by the
Attorney General.
Ms. McCall-Taylor, Planning Director, stated that as part of the Beal development application to
the Town, traffic studies were done, which gave the Town the sense of traffic issues. Those
studies were then the basis for improvements funded by grants mentioned above.
Mr. Morin, 46 Shade Street, wanted to know why a PEER review had not been done for this
project, which would have included an analysis for the project and traffic. Ms. Ciccolo added
that some felt the scope was not adequately broad enough to look at intersections that would be
impacted.
Ms. McCall-Taylor stated that since the two proposed developments, Beal and Patriot Partners,
are across the street from each other they were related. A PEER review was done for the Beal
proposal and the Planning Board felt it was not necessary to do a PEER review for Patriot
Partners because the information was so similar. The PEER review included the intersections
that had been studied; some were added in response to the PEER review and Planning felt that
was adequate.
Mr. Graeter, 60 Shade Street, asked about whether South Lexington would be in competion for
mitigation funds that were put in a general pool.
The Traffic Mitigation Package was written with a contribution to the Traffic Stabilization
Mitigation Fund and the spirit of the fund was that it would be earmarked for traffic work in
South Lexington, and specifically including Shade Street. Funds would have to be appropriated
by Town Meeting. Mr. Manz feels mitigation money should be used in the area it was derived
from.
Neighbors asked what the status of the Patriot Partners Memorandum of Understanding was.
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Selectmen’s Meeting – May 7, 2009
It was approved and signed by the Selectmen at their May 6, 2009 meeting. The total value is
$1.4 million. After the project is approved by Town Meeting and the Attorney General $65,000
will be put into the Traffic Mitigation Stabilization Fund for a traffic study in South Lexington
and $15,000 will be put into the Traffic Mitigation Stabilization Fund for a traffic calming study
for Shade Street. When the building permit is issued for the first building, $500,000 will be
provided for the Transportation Stabilization Fund and $100,000 to the Traffic Demand
Stabilization Fund. At occupancy of the second building, a contribution that is based on the
number of new parking spaces (formula: # of net new parking spaces times $1,900 minus
$680,000 that has already been paid) will be implemented. That formula will result in
approximately $800,000 in funds. If parking spaces continue to be built after occupancy of the
nd
2 building then Patriot Partners will continue to contribute to the mitigation fund. The new
buildings will be built as LEED silver buildings. The Memorandum of Understanding becomes a
part of the PSDUP.
Mr. Canale, 29 Shade Street, asked about traffic calming and the reconstruction of Shade Street
which will be coming up.
Mr. Livsey, Town Engineer, assured the neighbors that if traffic calming measures were needed
they would be included in the reconstruction plans, which are scheduled for 2011.
Mr. Buckley, Patriot Partners Counsel, stated that if money were needed earlier they would
consent to the Selectmen releasing funds prior to the Attorney General approval if the project
was approved by Town Meeting. He also said if it is determined that traffic calming were
necessary on Shade Street Patriot Partners would be agreeable to making payment earlier.
Ms. Ciccolo, 50 Shade Street, stated that the neighbors felt that there was a rush being driven by
the Town to get the Patriot Partners project approved and were told directly in various meetings
by Patriot Partners and others that they were told to come to Town Meeting now, everyone wants
the project done.
The Selectmen assured the neighbors that it is false that the Town told Patriot Partners to come
before Town Meeting at this time. Any citizen can ask for a Special Town Meeting if they have
enough signatures and the Selectmen cannot put it off.
Mr. Buckley, Patriot Partners Counsel, stated that the Town did not tell Patriot Partners when to
come and, in fact, were not encouraged by the Town to bring their proposal forward at this time.
Patriot Partners has a timeline because a tenant may need to expand. He also said that the Town
indicated early on that the fall would be a more appropriate time.
Mr. Nagle, 40 Shade Street, stated that at two meetings Mr. Rice said that part of the reason they
are considering moving forward now was there was a sense that the project would be approved
now.
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Selectmen’s Meeting – May 7, 2009
Mr. Nagle is concerned that the road reconstruction and traffic calming measures would be done
before the buildings are built and would not take into account the increase in traffic that will
come when the new buildings are built.
Mr. Livsey, Town Engineer, stated that they look at any buildouts and use growth rates and look
at anticipated volumes.
Mr. Kelley stated that Lexington needs developments and Patriot Partners/Shire would be a good
quality development. He feels traffic studies will not work. He would like to see the residents
provide information to the town. All issues can be worked out without the $15,000 study.
Neighbors have a concern about the speed of drivers on Shade Street. The speed limit is posted
at 25 MPH, but there is no enforcement. The Police were asked if they could come on a regular
basis, but they say they do not have the budget for enforcement.
The Selectmen will bring to the attention of the Police Department, but the neighbors have to
understand that there is traffic all over Lexington.
Mr. Morin, 46 Shade Street, believes that Patriot Partners is a good developer, but feels the
project is rushed. Need six months to vet the project and have more public meetings, do a
complete PEER review to see if more traffic funds are needed. He feels it is a good project and
wants to support.
Mr. Graeter, 60 Shade Street, is not opposed to the project; it is a good site and Patriot Partners
has been wonderful. But concerned that Shade Street will be disproportionally impacted. Six
months would give time to have a traffic study done.
Mr. Burnell does not feel the process has been rushed; it is part of an ongoing process. This is the
result of work done five years ago to prepare the area for this kind of development. The Town
has been laying the groundwork for a long time.
Ms. Ciccolo, 50 Shade Street asked about a previous conversation regarding traffic calming
solutions and whether speed tables would be considered. If a study shows that the values are
appropriate for speed tables, they hope the Selectmen will support it. She felt this meeting was
productive for everyone. All the neighbors felt there was not enough time to review documents,
speak to various boards and get feedback from other boards involved in the project. She is happy
to hear that the Selectmen asked Patriot Partners to wait until the fall and this timetable should
work for all concerned parties.
Mr. Cohen thanked all the neighbors for coming and asked that they continue to be involved;
attend town meetings and not just when a particular project is in your neighborhood. We would
like more participation of people in the community.
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Selectmen’s Meeting – May 7, 2009
Upon motion duly made and seconded, it was voted to adjourn at 9:05 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
65-413
Selectmen’s Meeting
May 11, 2009
A regular meeting of the Board of Selectmen was held on Monday, May 11, 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.
RCN Contract Renewal Extension
Mr. Becker, a member of the Communications Advisory Committee, requested that the
Selectmen enter into an agreement with RCN to extend the term of their current license that ends
May 24, 2009 to June 30, 2009 to allow enough time to complete negotiations, present to
Selectmen for approval and then to RCN for approval. The renewal license will include
language that puts RCN on the same calendar quarter basis as Comcast and Verizon are
currently, so that payment schedules will be the same.
Upon motion duly made and seconded, it was voted 5-0 to approve the extension of the Cable
Television Final License between the Town of Lexington and RCN until June 30, 2009.
Master Plan Process for Busa Land
Mr. Valente and staff recommend that the Selectmen appoint an Ad Hoc Committee to oversee
the master planning process for the Busa Land that would include representation from the
following: Conservation Commission, Planning Board, Recreation Committee, Neighborhood
Representatives (3), Town Meeting member, LexHAB; Liaisons from Appropriations
Committee, Capital Expenditures Committee, and Town of Arlington; support staff would
include the Planning Director, Engineering, Recreation Director, Conservation Administrator,
Superintendent of Public Grounds and the Police Department. It is also recommended that
Marge Battin Chair this Committee.
Mr. Kelley does not want to go forward with the formation of this committee until the Town is
clear on what the final parcel will be. There is still the possibility of purchasing another parcel
of land adjacent to the Busa Farm. Formation of the committee should wait until at least the fall.
Selectmen agree the concept of the makeup of the proposed committee is on the right track and
that the committee should not be formed until later. It was was suggested that the concept be
broaden to include a housing representative from the Housing Partnership rather than be limited
to LexHAB.
The agreement is that the land will be leased to the Busa family for 2 years to be farmed.
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Selectmen’s Meeting – May 11, 2009
Mr. Manz asked whether the proposed amendments to the Article 6 motion to be offered by John
Bartenstein and Pam Hoffman are legal and would like to have Town Counsel answer. He also
feels they go outside the underlying legislation for Community Preservation Act funding. The
eventual use and money paid rests with the Community Preservation Committee, not with
another committee.
Mr. Burnell suggests that when the committee is formed it will need a few meetings to review
the issues and start to come to some common ground before any decisions on how to use the
land.
Mr. Cohen explained that Mr. Bartenstein’s motion will require a 2/3 vote to reopen Article 6
before the two amendments can be presented.
Mr. Bartenstein’s motion does not say non-binding, but he will publicly state that his motion is a
non-bindng resolution
Mr. Cohen made it clear that these motions will not allow for the reconsideration of Article 6,
which was previously approved to purchase the Busa Farm.
The Selectmen discussed whether they wanted to take a position on the amendments being put
forward by Mr. Bartenstein and Ms. Hoffman. Mr. Bartenstein’s amendment creates a committee
of disinterested people. Neighbors have contacted Selectmen saying they want to be included on
the Committee. Ms. Hoffman’s amendment is not as comprehensive as the concept presented by
the Town Manager. The Town needs to look at the comprehensive needs of the Town deciding
how to use the Busa land. At the end of the day Town Meeting will determine how best to use
the land because funds must be appropriated.
Ms. Kern, 72 Lowell Street, supports a committee with comprehensive representation and she
reminded the Selectmen that at the public meetings she spoke in favor of preserving the land as
farmland and many people there also supported that. She wants to be assured that the proposed
concept presented tonight includes a farming/agricultural member.
Mr. Bartenstein feels as long as the committee is inclusive, fair, there is not a preordained
conclusion and then input is given at Town Meeting, he will live with interested group model.
A majority of the Selectmen do not support reopening Article 6 and hope Town Meeting has
enough confidence in the Selectmen to look at the use of the land comprehensively.
Ms. Stein, Precinct 2, wanted to go on record in support of reopening Article 6 and of an
inclusive process. She is troubled that farming has been left off repeatedly in the presentations
and proposals for future use. A municipal farm is a rare opportunity and should be considered.
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Selectmen’s Meeting – May 11, 2009
Mr. Manz thinks the ground rules have changed because Town Meeting will not be reconsidering
Article 6; so he will make his decision at Town Meeting.
Special Town Meeting Article Positions
All selectmen support Article 9, Resolution Relating to Development and Use change at
Hanscom Field.
Mr. Cohen explained that the custom for the past 50 years has been to indefinitely postpone
articles. Unfortunately Town Meeting has decided to veer away from that custom. So for Article
2, Amendment to Preliminary Site Development and Use Plan, 125,131 and 141 Spring Street,
the motion will be read and then a subsidiary motion will take its place that will refer the article
back to the Planning Board and the Selectmen. Patriot Partners will explain the reasons and then
Town Meeting members will discuss the motion.
Letter of Support – CHNA MiniGrant Proposal – Human Services Department
Upon motion duly made and seconded, it was voted 5-0 to approve signing a letter of support for
the Human Services Department regarding a CHMA MiniGrant Proposal.
Consent Agenda
One-Day Liquor License – Lexington Historical Society
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
the Lexington Historical Society to serve all alcoholic beverages on Thursday, May 28, 2009,
from 6:30 p.m. to 9:30 p.m. for the All Aboard Fundraiser.
One-Day Liquor License – Friends of Lexington Music Art and Drama Students
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
FOLMADS, Inc. to serve beer and wine on Sunday, May 24, 2009, from 2:00 p.m. to 5:00 p.m.
for a retirement party for Dr. Walter Pavasaris.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of April 6, 2009,
April 13, 2009, Apri9l 15, 2009, April 27, 2009, April 29, 2009, April 30, 2009 and May 4,
2009.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of April 27, 2009, April 29, 2009 and May 4, 2009.
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Selectmen’s Meeting – May 11, 2009
Mr. Manz mentioned that Harry Forsdick has started a Community Market Place that met on
Saturday from 9:00 a.m. to 12:00 noon. Mr. Manz and Mrs. Krieger were there and had
productive informal discussions with citizens. Mr. Forsdick will come to the next Selectmen’s
meeting to present information on the Community Market Place
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
65-417
Selectmen’s Meeting
May 18, 2009
A regular meeting of the Board of Selectmen was held on Monday, May 18, 2009 at 7:30 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mrs. Krieger, Mr.
Kelley, Mr. Manz and Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to
the Executive Clerk, were present.
Reorganization of the Board
Ms. Chabot opened the meeting. The first order of business was the election of a
Chairman. Mr. Manz nominated Mr. Cohen and there were no further nominations.
Upon motion duly made and seconded, it was voted 4-1 (Cohen abstained) to appoint Mr.
Cohen as Chairman of the Board of Selectmen.
Selectmen Concerns and Liaison Reports
Mrs. Krieger reported that Representatives Kaufman and Atkins have attached an
amendment to the Transportation Bill, calling for an environmental study of the impacts
of expansion at Hanscom Field. The amendment is included in the House version of the
Bill, but not in the Senate version. HATS would like to send a letter to Senators
Donnelly and Fargo asking them to work to keep the amendment in the final bill. Mrs.
Krieger asked for the Board’s support.
Upon motion duly made and seconded, it was voted 5-0 to send a letter to Senators Donnelly and
Fargo in support of an amendment that Representatives Kaufman and Atkins have attached to the
Transportation Bill.
Mrs. Krieger also reported that the Central Transportation Planning Staff and the MBTA have
produced their strategic capital plan, the PMT. She suggested that the Board write in support of
projects of interest that have been included on the PMT, and ask for items of interest that have
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not been included. The comment period runs through May 28.
Mr. Cohen commented that Cary Library’s Auction and Art Show was a very successful
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fundraiser. He also reported that the celebration of the 50 Anniversary of Temple Isaiah was a
very moving and wonderful service. And finally, at the State House recently, Lexington’s
Community Preservation Committee won the 2009 Robert Kuehn Community Preservation
Award for the Douglas House as the best project in the Large Category and received a check for
$3,500.
Town Manager Report
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Mr. Valente reported that the Governor’s cut in the 4 Quarter state aid payment means an
$800,000 reduction for Lexington. This reduction will be offset by an equal amount of Federal
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Selectmen’s Meeting – May 18, 2009
Stimulus money. Mr. Valente pointed out that the concern in using the Federal Stimulus money
in this fiscal year (FY09) means there is less available to offset cuts in the next fiscal year.
Fees
Vital Records
Ms. Hooper, Town Clerk, presented the recommendation for changes to fees collected for
certified copies of vital records recorded with the Town Clerk. The recommended fee increase is
from $10 to $15 for issuance of certified copies of birth, marriage and death records. Also
proposed is an increase from $25 to $40 for filing Marriage Intentions and receipt of a certified
copy of the Certificate of Marriage. All other fees remain unchanged.
Upon motion duly made and seconded, it was voted 5-0 to approve the recommended vital
record fee schedule effective July 1, 2009, as presented.
Police Detail Administrative Fee
Mr. Valente presented the recommendation to decrease the Police detail administrative fee. He
explained that with the new Police Union contract (FY08 and FY09), the Police detail rate
increases from $42 to $47 per hour. In addition to this detail rate, the Town also charges a 10
percent administrative fee, which has been $4.20 per hour. Given the economic times, staff
would like to reduce the administrative fee to $3.00 per hour, thereby somewhat moderating the
overall increase in detail rate.
Upon motion duly made and seconded, it was voted 4 – 1 (Burnell abstained) to approve the
detail administrative fee of $3.00 per hour.
Reappointments / Appointments
Comptroller
Upon motion duly made and seconded, it was voted 5-0 to appoint Rob Addelson as Comptroller
for a three-year term to expire March 6, 2012.
Ad Hoc Facility Study Committee
Upon motion duly made and seconded, it was voted 3-2 (Kelley and Burnell abstained) to
appoint Peter Kelley and George Burnell to the Ad Hoc Facility Study Committee.
Upon motion duly made and seconded, it was voted 5-0 to designate members of the Ad Hoc
Facility Study Committee as Special Municipal Employees.
Ad Hoc Fiscal Task Force
Upon motion duly made and seconded, it was voted 5-0 to appoint Herbert Wasserman to the Ad
Hoc Fiscal Task Force.
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Board of Registrars
Upon motion duly made and seconded, it was voted 4-1 (Krieger abstained) to appoint Jean
Barrett to the Board of Registrars.
Permanent Building Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Sally Zimmerman and Sara
Chase as the Selectmen’s Representatives to the Permanent Building Committee for the Stone
Building Historic Structures Study.
Lexington Human Rights Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Melissa Buttaro to the
Lexington Human Rights Committee for a term to expire September 30, 2009 to fill the
unexpired term of Janet Perry.
Busa Farm Purchase – Chapter 30B Disclosure
Under State law, the Selectmen need to disclose why the purchase of the Busa Farm was the
result of a negotiation rather than an RFP process. This disclosure is then published in the
Central Register. The Central Register notice will include the following information: that bids
need not be solicited under General Laws Ch. 30B due to the unique qualities of the property.
Specifically, the property contains approximately 7.85 acres of land that are uniquely suited to be
used by the Town for open space and recreation and/or affordable housing purposes.
Upon motion duly made and seconded, it was voted 5-0 to adopt the vote as recommended by the
Town Counsel’s office.
Vote to Petition the General Court for Mid-Year Tax Relief for Property Tax Loss from Fire
Mr. Cohen recused himself and left the room. Mrs. Krieger presented the proposed act, which
has been reviewed by Mr. Valente, Mr. Addelson, Finance Director/Comptroller, and Mr.
Nugent, Assessor. Mrs. Krieger pointed out that this is an action that resulted from Town
Meeting.
Upon motion duly made and seconded, it was voted 4-0 to petition the General Court for an act
to permit mid-year tax relief for property loss from fire as voted at the 2009 Annual Town
Meeting.
Mr. Cohen came back to the meeting.
Eagle Letters
Mr. Manz will be preparing several letters for the Board to sign congratulating Scouts soon to be
honored as Eagle Scouts. He explained that one of the requirements to becoming an Eagle Scout
is to think of, plan and manage a project of significant value and with lasting impact. There are
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Selectmen’s Meeting – May 18, 2009
six young men who have finished their projects, all of which have contributed to the community
in some way.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the letters of
commendation to the six young men congratulating them on attaining the highest rank of Eagle
in Boy Scouting.
Sign MWRA Loan Documents
Upon motion duly made and seconded, it was voted 5-0 that the sale of the $1,385,613 Water
Bond of the Town dated May 21, 2009, to the Massachusetts Water Resources Authority is
hereby approved and that the Treasurer or other appropriate town official is authorized to execute
a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the
bond. The bond shall be payable without interest on May 15 of the years and in the principal
amounts as follows:
Year Installment Year Installment
2010 $138,561.30 2015 $138,561.30
2011 138,561,30 2016 138,561.30
2012 138,561.30 2017 138,561.30
2013 138,561.30 2018 138,561.30
2014 138,561.30 2019 138,561.30
Tax Bill Insert – 2009 Lexpress Schedule
Upon motion duly made and seconded, it was voted 5-0 to approve inserting the 2009 Lexpress
Schedule in the next tax bill.
Letter of Support – Water Quality Improvements at Old Reservoir
The Town Engineer has requested a letter of support in seeking grant funds to supplement town
funds for the purpose of improving the water quality at the Old Reservoir and Vine Brook.
Upon motion duly made and seconded, it was voted 5-0 to approve sending a letter of support to
the Lexington Town Engineer for the storm water quality improvement project at the Old
Reservoir.
Consent Agenda
One-Day Liquor License – Boston Minuteman Counsel, BSA
Upon motion duly made and seconded, it was voted 4-1 (Manz abstained) to approve the Boston
Minuteman Counsel, Boy Scouts of America request for a one-day liquor license to serve wine
and beer on Thursday, June 4, 2009, from 7:00 pm to 9:00 pm at the Depot Building.
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One-Day Liquor License – Armenian Sisters
Upon motion duly made and seconded, it was voted 5-0 to approve the Armenian Sisters –
Homenetmen Boston Chapter request for a one-day all alcohol liquor license for an
Independence Day Dance on Saturday May 30, 2009 from 8:00 pm to 12 pm at 20 Pelham Rd.
Ratify Poll Vote to Lower Battle Green Flag
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle
Green Flag for Roland Landry on Friday, May 15, 2009.
Battle Green Use – William Diamond Fife and Drum
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the William
Diamond Fife and Drum Corps. to use the Battle Green occasionally on Monday evenings from
6:30 pm to 8:00 pm through the month of August.
Battle Green Use – The Lexington Minute Men
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Minute Men to use the Battle Green on Saturday, September 26, 2009, from 12:00 noon to 5:00
pm for a Change of Command Ceremony.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of May 6, 2009,
May 7, 2009 and May 11, 2009.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the Executive Session
minutes of May 6, 2009.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote to go into executive
session to discuss litigation and the filing of a criminal complaint, with no intent to return to
open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:05 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk