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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. 65-403 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 65-404 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. 65-406 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. 65-407 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. 65-409 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. 65-410 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. 65-411 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. 65-412 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. 65-414 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. 65-415 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. 65-416 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 th 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 th 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 th 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 65-418 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. 65-419 Selectmen’s Meeting – May 18, 2009 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 65-420 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. 65-421 Selectmen’s Meeting – May 18, 2009 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