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HomeMy WebLinkAbout2009-06-BOS-min 65-422 Selectmen’s Meeting June 8, 2009 A regular meeting of the Board of Selectmen was held on Monday, June 8, 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. Pease, Executive Clerk, were present. Public Comments Mr. Borenstein, 60 Lowell Street, wants to make sure his and his neighbors concerns regarding the purchase of the Busa property are addressed prior to the Purchase and Sale Agreement being approved. Mr. Cohen asked them to bring their concerns to either Selectmen or Town Manager. Mr. Johnson, President of the Board of the Lexington Symphony, wanted the Selectmen to be aware that the Lexington Symphony has been asked to do a concert in Boston while the tall ships are in town, which would be an extraordinary opportunity for Lexington to get exposure. If there is a concert $20,000 will need to be raised. The Tourism Committee is willing to help find some of the necessary funds and they are looking for sponsors. Selectmen Concerns and Liaison Reports All of the Selectmen attended the Lexington High School graduation over the weekend. Mr. Manz felt it was a reminder of why he lives in Lexington. CD Rezoning Proposal Cubist Pharmaceuticals, represented by Robert Buckley, Senior Partner with the law firm of Riemer and Braunstein; Mike Bonney, CEO, Cubist Pharmaceuticals; and David McGirr, Senior Vice President and Chief Financial Officer for Cubist Pharmaceuticals came before the Selectmen to discuss their plan to expand Cubist’s operation by 100,000 square feet by adding additional stories on to the existing building. They are commencing review of the site constraints, looking at preliminary designs and then will come before the necessary town boards and departments to discuss issues and start the process over the next few months. Mr. Bonney has been with Cubist since 2001. Cubist is a self-sustaining biotechnology company that focuses on diseases of the acutely ill and was founded on the new technology of antibiotics. They expect that this year revenue will grow 30 percent and that allows them to expand the Hayden Avenue operation and continue the search for new antibiotics, which will be very important in killing new bacteria. Cubist has grown from 130 employees in 2001 to 400 in 2009 and they expect to continue to expand. Last month they were named number one in the Boston Globe’s annual 100 best companies in Massachusetts. Mrs. Krieger believes this is the type of business Lexington likes to see and it fits nicely as Lexington tries to establish itself as the center of biotech and pharmaceutical development. 65-423 Selectmen Meeting – June 8, 2009 Tree Hearing Determination – Woburn Street Mr. Pinsonneault, Tree Warden, came before the Selectmen to request a determination as per Massachusetts General Law Chapter 87, Shade Trees. A tree hearing was held on May 29, 2009 to discuss the removal of two trees in the Town right-of-way along Woburn Street (near house #253) as part of the proposed sidewalk construction project. The Tree Warden inspected the trees (Norway Maple-13 inch DBH and Elm-18 inch DBH) and feels they would likely fail because the root systems on both trees would be severely impacted, which would cause the trees to be unstable and create a hazardous situation. As part of the sidewalk project, DPW will be required to replant five trees along Woburn Street. The homeowner supports having the trees removed and having two or three trees replanted in the same area. The replacement trees should be a minimum 3-inch caliper and be planted off berm or in proper tree pits for adequate moisture, air movement and root development. The Lexington Tree Committee will determine the tree species and locations. Mrs. Krieger, Liaison to the Tree Committee, stated that the Committee members present at the hearing support the Tree Warden’s recommendation. Upon motion duly made and seconded, it was voted 5-0 to accept the recommendation of the Tree Warden for removal/replacement of trees on Woburn Street, as presented. Open Space and Recreation Plan Ralph Wilmer, Senior Planner and Project Manager with Vanasse Hangen Brustlin, Inc. (VHB) presented the Final Open Space and Recreation Plan 2009 Update. The planning process started last year and included public forums, a public opinion survey and research with the starting point being the 1997 Open Space and Recreation Plan. Ideally cities and towns are urged to update plans every five years so that they can maintain eligibly for grants through the Division of Conservation Services. Town staff did a detailed survey of all town-owned recreational and open space facilities with respect to accessibility under the Americans with Disability Act, which is included in the 2009 report. The Plan reaffirms Lexington’s desire to meet the following goals: establish and implement a land management program that will assure optimal maintenance and use of conservation lands; protect Lexington’s natural environment, both within and beyond the borders of open space and recreational properties; promote public use of recreational facilities and open space among a wide variety of user types; provide a balance of recreational activities for all of Lexington’s citizens; preserve and enhance the scenic and historical value of Lexington; enhance connectivity between open space and recreation areas; acquire parcels that are important from an environmental, recreational or historical perspective; protect and maintain Lexington’s brooks; and preserve, protect and improve Lexington’s recreational infrastructure. 65-424 Selectmen Meeting – June 8, 2009 The Plan lists the major specific action items, what year the plan recommends these items take place, identifies the responsible party, and where applicable, tries to identify funding sources (town or grant money from other sources, private or public). These items include: developing and implementing a land conservation management plan; identifying, certifying and protecting vernal pools; implementation of watershed stewardship program; implementing an invasive species management plan; stormwater management issues at the old reservoir; implementing the recommended ADA accessibility improvements over time; working to increase the accessibility and use of recreation facilities and programs for all age groups; exploring and pursuing options for increased indoor recreation facilities space; compiling a list of historic resources that requires more documentation based on priority heritage landscapes, implementing recommendations from survey done of historic landscapes under grant program; implementing the West Lexington Greenway Plan recommendations; identifying parcels of importance and how to identify parcels to be considered for acquisition; and improving Lexington’s recreation infrastructure (in capital plan). The last step in the process is to make a presentation of the Plan, request letters of support from the Selectmen, Planning Board, Conservation Commission and the Metropolitan Area Planning council that will be included in Section 10 of the Plan. The Selectmen asked about the high number of confirmed hazardous waste sites in Lexington. Mr. Wilmer said they were typically house oil spills or leaking underground and that most were cleaned up or addressed, but the Plan needed to show that the DEP database had been reviewed. After the Plan is submitted Lexington will be eligible for self help. Upon motion duly made and seconded, it was voted 5-0 to provide a letter of review in regards to the Open Space and Recreation Plan as required by the Office of Environmental Affairs, Division of Conservation Services. Lexington Center Committee Mr. Michelson, Chair of the Lexington Center Committee, presented the work plan prepared by the Center Use Subcommittee, which was formed to study, analyze and understand the mix of businesses, the vacancies and the role the Town can play in positively affecting the Center. The Subcommittee proposes the following schedule and tasks take place between now and a possible November Special Town Meeting to bring forward a zoning change for the Center: information gathering session with center land owners; discussion of scope of zoning changes; discussion with Planning Board regarding work plan and direction; business permitting information meeting; meetings with Center related boards, committees and Town staff; meetings with Chamber of Commerce and neighborhood associations and Town Meeting Precinct Captains; Planning Board presents recommended zoning changes to Selectmen; community informational meeting; Planning Board hearing on zoning changes for fall Special Town Meeting. 65-425 Selectmen Meeting – June 8, 2009 Ms. Manz, Planning Board, supports the proposed work plan and believes there is enough time to bring before a fall Special Town Meeting. Selectmen have some concerns whether there is enough time to bring before a fall Special Town Meeting. They also feel it is critical to have large community involvement. Upon motion duly made and seconded, it was voted 5-0 to approve the work plan of the Lexington Center Committee Center Use Subcommittee and their work with the Planning Board. Roosevelt Sidewalk Ms. Kalinski, Hastings Safe Routes To School Coordinator, asked the Selectmen to approve construction of a sidewalk on the north side of Roosevelt Road, which is supported by a majority of the neighbors and Hastings PTA. The Sidewalk Committee and the Traffic Safety Advisory Committee have also recommended construction of the sidewalk on the north side. Ms. Grewal and Mr. Ruberti, 47 School Street, are concerned that the installation of a sidewalk on the north side would mean their fence and irrigation system would have to be moved and asked if the Town would cover the expenses. They also felt the sidewalk should be installed on the south side because there are less impediments. It appears that the fence and irrigation system are located in the town right-of-way. The DPW Operations and Engineering reviewed both sides of Roosevelt and recommend the north side because it is more economical and there are fewest difficulties. Upon motion duly made and seconded, it was voted 5-0 to accept the recommendations of the Sidewalk Committee and Traffic Safety Advisory Committee and construct a sidewalk on the north side of Roosevelt Road. Accept Shire Scholarship The Selectmen are being asked to accept the Shire Scholarship Fund, as defined in the terms. The scholarship will go to a graduate of Lexington High School or Minuteman Regional Vocational Technical School that is majoring or planning to major in one of the “Life Sciences”, as defined in the terms of the scholarship. Shire was acknowledged as a very good corporate citizen coming forward and doing something very special for the town. Upon motion duly made and seconded, it was voted 5-0 to accept the terms of the Shire Scholarship Fund. 65-426 Selectmen Meeting – June 8, 2009 Munroe School Draft License Mr. Valente provided the Selectmen with a draft license for a short-term rental agreement to use until a final determination of building use has been made. Mr. Valente negotiated the draft license agreement along with Tom Griffiths, Munroe Center for the Arts (MCA) Board of Directors Member. The agreement calls for a total license payment of $24,000 per year through February 2010, retroactive to October 2008, and the Town has the option to extend. The Selectmen asked about the proposed Hours of Operation and how frequently activity continues until 11:00 p.m. Mr. Griffiths and Mr. Herrold, Exeuctive Director of MCA, responded that there are no events held past 10:00 p.m. and that the only people in the building until 11:00 p.m. would be studio artists or Board members attending meetings. The Selectmen had no further comments or questions. The document will be provided to the MCA Board of Directors for their approval and signature and will come back to the Selectmen for their approval at their next meeting. Jim Wood, 51 Gleason Road, believes there needs to be a policy for Town-owned buildings and land. He specifically recommends not selling any town buildings or land because we do not know what the future needs of the Town will be. For Munroe he recommends that a 3-year lease be negotiated with Munroe that includes cancellation clauses if maintenance milestones and MCA funding goals are not met. Failure of the MCA to sign a lease should result in their expulsion from the Munroe Facility. Mr. Griffiths replied that the MCA has a business plan that tries to establish that they can satisfy the Town’s needs, whether that means selling or buying the building. Vote to Petition General Court for a Municipal Utility Act Upon motion duly made and seconded, it was voted 5-0 to urge the General Court to support passage of legislation enabling municipalities to more easily establish municipal lighting plants and to petition the General Court for an Act to allow Lexington to have a municipal utility. Authorization for Increasing Spending Ceiling for Revolving Funds Mr. Addelson, Assistant Town Manager of Finance, requested the Selectmen authorize an increase in spending ceiling for the following revolving funds: 1.Compost Revolving Fund – increase spending limit by $5,000 - DPW had unforeseen repairs to the older front-end loader; 2.LexMedia Operations – increase spending limit by $10,000 – LexMedia may be requesting their next capital payment before June 30, so need to increase the spending limit to make the payment in FY2009; and 65-427 Selectmen Meeting – June 8, 2009 3.Facility Rental Revolving Fund – increase spending limit by $100,000 – with the creation of the Department of Public Facilities, FY2009 is the first year of this Revolving Fund, which receives payments from the rental and lease of Town facilities; activity was underestimated by including lease activity, but not unscheduled rentals. Upon motion duly made and seconded, it was voted 5-0 to increase the spending limits in the following Revolving Funds to: Compost Revolving Fund – spending limit of $259,000; LexMedia Operations Revolving Fund – spending limit of $410,000; and Facilities Rental Revolving Fund – spending limit of $291,000. Approve Lions Club Carnival Requests Mr. Lucente, Lions Club, was available to answer any questions. The Lions Club website is www.lexingtonlions.org, which will include information about the carnival events. The Selectmen requested that information regarding the fireworks be included on the Lions Club web page. Regarding the past damage to the ball field, the Lions Club is negotiating with their insurance carrier for reimbursement of costs for repair and some details are still being worked out with Town Manager. The plan this year will also include blocking off the field so it cannot be driven on. Upon motion duly made and seconded, it was voted to approve the request of the Lions Club to th hold the annual July 4 Carnival from Wednesday, July 1, 2009, from 6:00 p.m. to 11:00 p.m.; Thursday, July 2, 2009, from 3:00 p.m. to 11:00 p.m.; Friday, July 3, 2009, from 1:00 p.m. to 11:00 p.m.; Saturday, July 4, 2009, from 10:00 a.m. to 11:00 p.m.; and Sunday, July 5, 2009, from 1:00 p.m. to 7:00 p.m. as presented in the Lions Club letter dated March 12, 2009 and subject to the conditions of the Town Manager and Town Departments. Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lions Club to have the baseball lights made available from 10:50 p.m. to 11:30 p.m. from Wednesday, July 1, through Sunday, July 5, and from 9:30 p.m. on July 5 to 2:00 a.m. on July 6. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Request for th Public Entertainment on Sunday for the July 4 Carnival to be held on Sunday, July 5, 2009. Selectmen Liaisons The Selectmen reviewed the current Selectmen Liaison assignments. The only change is Mr. Kelley will become the Liaison for the Town Celebrations Committee and Mr. Burnell will be the Liaison for the Lexington Historical Society. 65-428 Selectmen Meeting – June 8, 2009 Appointments/Reappointments Upon motion duly made and seconded, it was voted 5-0 to reappoint Lynne Pease as the Selectmen’s Executive Clerk for a one-year term to expire June 30, 2010. Upon motion duly made and seconded, it was voted 5-0 to appoint Chief Mark Corr (to replace Chief Casey) as Keeper of the Lockup, effective immediately, for a term to expire June 30, 2010. Upon motion duly made and seconded, it was voted 5-0 to appoint Mark Corr (to replace Chief Casey) to the Police Policy Manual Committee, effective immediately, for a term to expire September 30, 2009. Upon motion duly made and seconded, it was voted 5-0 to appoint Joe Rancatore to the Ad Hoc Fiscal Task Force. Upon motion duly made and seconded, it was voted 5-0 to reappoint Joel Adler to the Community Preservation Committee for a 2-year term to expire June 30, 2011. Upon motion duly made and seconded, it was voted 4-0-1 (Cohen abstained) to appoint Norman Cohen to the Community Preservation Committee for a 2-year term to expire June 30, 2011. Upon motion duly made and seconded, it was voted 4-0-1 (Krieger abstained) to appoint Jeanne Krieger to the Community Preservation Committee for a 2-year term to expire June 30, 2011. Town Manager Reappointment – Council on Aging Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s appointment of Marian Cohen to the Council on Aging for a 3-year term to expire May 31, 2012. Future Meetings The Selectmen agreed to schedule the following meetings: July 13, July 14 (Goal Setting), August 3, August 31, September 14 and 21. Gold Award Letters Upon motion duly made and seconded, it was voted 5-0 to sign and send letters to Karina Chung, Dileni Banderage and Mika Maeda congratulating them on attaining the Girl Scout Gold Award. 65-429 Selectmen’s Meeting – June 8, 2009 Legislators Representative Kaufman and Senator Donnelly attended the Selectmen’s meeting to speak on and answer questions regarding the budget. They expect the budget to go to the Governor by June 19 and he has 10 days to review. The Conference Committee is looking at ethics, transportation and pension reforms. The budget for FY2011 will be worse than FY2010 if revenue is not increased. Rep. Kaufman is hoping to take advantage of current crisis and look to make structural repairs to revenue system and wants to have public debate over the next year to find out if there is a political appetite for change. They both think the Conference Committee report will include some variation of local option taxes like a hotel surcharge, meals tax and statewide telecom tax. They would like to see more work done to make procurement laws easier for cities and towns to do their job. They want to put together some policy experts to think out loud with the Revenue Committee about how to restructure the relationship between communities and the state and discuss how to give authority to cities and towns to raise needed revenue for public services. They expect the results of the Municipal Relief Package from the Municipal Committee. The Legislature is listening to all the comments they have received. They do not expect the final bill to include any kind of punishment for cities and towns that reject the health care proposal. The local option taxes would require Town Meeting approval. The Senate budget proposes to allow for the local option tax on meals by maintaining the current tax on meals and allowing communities to go up by 2% if they choose. That may have to be modified because Massachusetts may ultimately move into the streamlined sales tax agreement (internet) at 6.25% and there cannot be different sales tax rates so there may not be a distinctive sales tax on meals so will have to move to 6.25% for meals and then earmark 1.25% to communities with a possibility of an additional .75% more. The Selectmen thanked Representative Kaufman and Senator Donnelly for taking the time to attend their meeting. Consent Agenda One-Day Liquor License – Lexington Players Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Lexington Players to serve beer and wine at an Award Ceremony on Saturday, September 19, 2009, from 6:00 p.m. to 10:00 p.m. in Cary Auditorium. One-Day Liquor License – Diamond Middle School PTA Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for the Diamond Middle School PTA to serve beer and wine at a reception for the retiring principal on Wednesday, June 17, 2009, from 6:00 p.m. to 8:00 p.m. at the Depot Building. 65-430 Selectmen’s Meeting – June 8, 2009 Approve LexHAB Purchase of 1001-1003 Massachusetts Avenue Upon motion duly made and seconded, it was voted 5-0 to approve the acquisition and financing of 1001-1003 Massachusetts Avenue by the Lexington Housing Assistance Board (LexHAB). Create Selectmen’s Gift Account – Irving H. Mabee Swimming Pool Complex Fund Upon motion duly made and seconded, it was voted 5-0 to create a Selectmen Gift Account for the Irving H. Mabee Swimming Pool Complex Fund. Proclamation – Judith Brain Upon motion duly made and seconded, it was voted 5-0 to approve and sign a proclamation for Reverend Judith B. Brain, who is retiring after serving as pastor of the Pilgrim Congregational Church since 1992. Use of the Battle Green – Military Police Battalion Send Off Ceremony Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green th for a send-off ceremony for the 211 Military Policy Battalion on Sunday, July 26, 2009, from 11:00 a.m. to 1:00 p.m. Use of the Battle Green – Elks Flag Day Ceremony Upon motion duly made and seconded, it was voted 5-0 to approve the use of the Battle Green for the annual Flag Day Ceremony on Monday, June 15, 2007, at 7:00 p.m. LexMedia Performance Letter Upon motion duly made and seconded, it was voted 5-0 to approve the Chairman signing and sending a letter to LexMedia confirming that a performance evaluation for the period October 1, 2008 through September 30, 2009 will be conducted by the Town and would conclude by September 30, 2009. Use of the Bikeway/Streets – Lexington Bicycle Advisory Committee/Conservation Stewards Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Bicycle Advisory Committee and Lexington Conservation Stewards to use the Bikeway and Lexington streets for a bike ride on Saturday, June 13, 2009 beginning at the Visitor’s Center at approximately 9:30 a.m. and returning at 12:00 noon as described in the Town Manager’s approval letter dated May 29, 2009. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of May 18, 2009. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of May 18, 2009. 65-431 Selectmen’s Meeting – June 8, 2009 Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go in to executive session to discuss the sale of real estate, litigation, and collective bargaining issues, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk 65-432 Selectmen’s Meeting June 22, 2009 A regular meeting of the Board of Selectmen was held on Monday, June 22, 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. Town Manager Report Mr. Valente updated the Board on where Lexington stands with the State budget. There was a reduction in local aid of $1,164,000. This was $260,000 greater than the $900,000 reduction anticipated at the time of Town Meeting. The budget includes two local option taxes, but both would require Town Meeting approval. Liquor License Hearing – Palio’s Change of Premises Mr. Augusto presented the application to include the serving of liquor at tables on an outdoor patio. Mr. Manz commented that it should be understood that this application would still go to the ABCC for approval even though indoor seating is being reduced as outdoor seating is added. Upon motion duly made and seconded, it was voted 5-0 to approve the application to alter the premises to include outdoor seating and issue and all alcoholic common victualler license to Second Jullian LLC, d/b/a Palio’s Italian Grill, 94 Hartwell Avenue. Award Bond Anticipation Notes The Town has sold $2,081,490 in Bond Anticipation Notes (BAN’s) for a variety of projects. The low bid interest rate was .7440%. The BAN’s are due in February 2010. Upon motion duly made and seconded, it was voted 5-0:  to approve the sale of a $2,081,490 1.25% General Obligation Bond Anticipation Note (the “Note”) of the Town dated June 24, 2009, and payable February 25, 2010, to Eastern Bank at par and accrued interest plus a premium of $7,050.82.  that in connection with the marketing and sale of the Note, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated June 10, 2009, and a final Official Statement dated June 17, 2009, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.  that the consent to the financial advisor bidding for the Note, as executed prior to the bidding for the Note, is hereby confirmed.  that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a material events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond 65-433 Selectmen’s Meeting June 22, 2009 counsel to the Town, which undertaking shall be incorporated by reference in the Note for the benefit of the holders of the Note from time to time.  that each member of the Board of Selectmen, the Town Clerk and Town Treasurer be and hereby are, authorized to take any and all such actions, and by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. FY2010 Fee Adjustments Ms. Mullins, Director of Community Development and Mr. Cody, Health Director presented the proposed Health Permit fees and the proposed Conservation Permit Microfilm and Scanning fees for approval. The Board supported these fee adjustments to increase revenue within the Community Development Department as part of the FY2010 budget balancing process. Mr. Kelley had several questions about the new hazardous materials permits and was not supportive of the fees in this category. Upon motion duly made and seconded, it was voted 5-0 to support:  the adoption of a Conservation Permit Microfilm and Scanning fee, effective August 1, 2009, by the Conservation Commission as follows: RDA Minor $15.00 RDA Major $35.00 RDA Drain $100.00 NOI Minor $60.00 NOI Major Residential $125.00 NOI Major Commercial $250.00  the adoption of Health Permit fees, effective August 1, 2009, by the Board of Health as follows: Food Program Food Risk 1 $85.00 Food Risk 2 $170.00 Food Risk 3 $290.00 Food Risk 4 $390.00 Food Plan Review Complex $190.00 Food Plan Review Simple $75.00 Food Temporary Complex $50.00 Food Temporary Simple $15.00 Catering $170.00 Farmer’s Market Location $150.00 Farmer’s Market Vendors $50.00 Camps Day Camp (0-50) $200.00 65-434 Selectmen’s Meeting June 22, 2009 Day Camp (51-200) $300.00 Day Camp (Over 200) $400.00 Pools Swimming $170.00 Special Purpose $125.00 Wading $50.00 Plan Review Complex $170.00 Plan Review Simple $100.00 Septic Installer’s Permit $85.00 Existing System Repair/Replace $150.00 Percolation Test $50.00 Deep Hole $50.00 New Plan Review (<1999 gpd) $130.00 New Plan Review (2000-5999 gpd) $230.00 New Plan Review (6000-9000 gpd) $330.00 Septic Hauler $75.00 Lodging Permit Hotel / Motel $75.00 Well Permit Non Potable Water $50.00  the removal of the following permits: burial, massage establishment, and massage therapist. Upon motion duly made and seconded, it was voted 4 – 1 (Kelley) to support the Health Permit fees, effective August 1, 2009, by the Board of Health as follows: Hazardous Materials Haz Mat Risk 1 $35.00 Haz Mat Risk 2 $115.00 Haz Mat Risk 3 $195.00 Plan Review Risk 1 $30.00 Plan Review Risk 2 $45.00 Plan Review Risk 3 $70.00 Annual Remediation Discharge $115.00 Asbestos Removal $30.00 Lead Paint Removal/Abrasive Sanding $30.00 Environmental Data Review $60.00 65-435 Selectmen’s Meeting June 22, 2009 Housing Partnership Board / LexHAB Issues Mr. Hays, LexHAB, discussed several issues regarding the renting of four new units owned by LexHAB and qualifying the four Units for the 40B list. Also present on behalf of LexHAB were Ms. Sunnarborg, Consultant, and Mr. Eagle, member of LexHAB. LexHAB wanted to make known their resistance to the shift of additional units onto the 40B list because of the difference in LexHAB’s process for awarding units to applicants and the lottery system used for 40B housing. The Lexington Housing Partnership and LexHAB are cooperating to define an Affordable Homebuyer Assistance Program in Lexington. Ms. Sunnarborg is assisting and has produced a preliminary program design. Mr. Bicknell, Lexington Housing Partnership and Mr. Hays discussed several issues including the assessment of repair of candidate properties, the quick reaction needed to acquire properties, and the intake process. Questions as to how CPA funds would be split between rental and owner units and the possible forms of subsidy were also presented. LexHAB and the Lexington Housing Partnership wanted to bring the Selectmen in to the discussion early in the planning process since LexHAB will need the Board’s approval for involvement in whatever program is proposed. Mrs. Krieger asked that consideration be given to energy efficiency in the reconstruction and construction of new homes. Mr. Kelley and Mr. Burnell pointed out the complexities inherent in this type of project. Mr. Cohen commented that the Town has more experience with rental properties than with ownership. Any ownership program would have to answer a number of questions. RCN License Renewal Ms. Canale and Mr. Becker, Communications Advisory Committee, presented the RCN License Renewal for the Board’s approval. The Chairman was also asked to sign letters regarding final license fee payment, resolution of outstanding balance, and RCN institutional network in Lexington. Although much of the contract remains the same, one significant change is in lieu of payments owed to the Town, RCN has agreed to provide the Town with a total of 45 Mbps (full duplex) for the entire term of the Renewal License, effective July 1, 2009. RCN has also assured the Town that they will cooperate with Verizon in removing double utility poles. Upon motion duly made and seconded, it was voted 4-1 (Kelley abstained) to approve the RCN Renewal License. Munroe School License Agreement Mr. Valente presented the License Agreement between the Town and the Munroe Center for the Arts reviewed at the Board’s last meeting. The Munroe Center for the Arts Board of Directors had approved and signed the license. The license payment is $24,000 annually. The agreement is from October 2008 through February 2010 and may be extended at the Town’s option. 65-436 Selectmen’s Meeting June 22, 2009 Mr. Burnell is encouraged by the new Munroe Center organization and commends Mr. Valente for obtaining a written agreement; however, he is not comfortable with the details of the agreement. Upon motion duly made and seconded, it was voted 4-1 (Burnell abstained) to approve the License Agreement between the Town and the Munroe Center for the Arts and to authorize the Town Manager to sign the Agreement. MassRecycle Resolution MassRecycle, the state’s non-profit recycling coalition, in conjunction with other organizations has been working to update the old Bottle Bill to include beverages that did not exist in 1982. They are requesting that the Selectmen sign a Resolution in Support of Updating the Massachusetts Bottle Bill. Upon motion duly made and seconded, it was voted 5-0 to support the proposed bill “An Act to Improve the Recyling Rates in the Commonwealth” and sign the Resolution. Emergency Management Assistance Compact The Mass. Department of Public Safety (DPS), in cooperation with municipal building departments, has provided assistance during certain emergencies both within and outside of the Commonwealth. DPS coordinates efforts with both the Massachusetts Emergency Management Agency (MEMA) and the Federation of Massachusetts Building Officials (Federation) to respond to local emergencies and with the Federal Emergency Management Agency (FEMA) to respond to emergencies that occur beyond the borders of the Commonwealth. This process relies on volunteers; neither the DPS nor municipal departments are required to participate in the process. However, if municipal inspectors choose to participate, there are rules that must be followed. The first rule is that permission to participate must be granted by the appropriate municipal authority. Permission is granted by filing a standard memorandum with the DPS (and MEMA). Building Commissioner Gary Rhodes recommends that Lexington participate in this program, particularly in light of the outside resources the Town received during the Keyspan Gas incident. Under MGL Chapter 40, Section 4A, intergovernmental agreements such as this require approval of the Board of Selectmen. Upon motion duly made and seconded, it was voted 5-0 to authorize the Town, acting through its Town Manager, to participate in the Emergency Management Assistance Compact. 65-437 Selectmen’s Meeting June 22, 2009 Appointments/Reappointments Upon motion duly made and seconded, it was voted 5-0 to appoint Peter Siy and Richard L. Brown to the Lexington Center Committee for 3-year terms to expire September 30, 2012. Upon motion duly made and seconded, it was voted 5-0 to reappoint Suzanne Barry, JoAnne Granger, and Sandra Podgorski to the Town Celebrations Committee for 3-year terms to expire June 30, 2012. Upon motion duly made and seconded, it was voted 5-0 to reappoint Sally Fisher, Sondra Lucente and Robert Tracey to the Town Celebrations Committee for 2-year terms to expire June 30, 2011. Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Jenkins, Jerold Michelson, Julie Miller, William Mix, John Rossi and James Shaw to the Town Celebrations Subcommittee for 1-year terms to expire June 30, 2010. Upon motion duly made and seconded, it was voted 5-0 to appoint James Goell to the Communications Advisory Committee for a 3-year term to expire June 30, 2011. Busa Purchase and Sale Agreement Mr. Valente presented a Draft Purchase and Sale Agreement for the Board to review. The draft P&S was also provided to the neighbors of the Busa property. Ms. Tsvetkova, 42 Lowell Street, commented on the possible uses of the property and the lease amount for the 2009 and 2010 calendar years. Mr. Borensztein, 60 Lowell Street, was concerned about what buildings might be left on the property and the possibility of subleases on the property. Consent Agenda Adjustment of Water / Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the Water and Sewer adjustments as follows: Adjustment of Water/Sewer Charges for June 22, 2009 $-26,928.21 Ratify Poll Vote – Girls Varsity Softball Team Upon motion duly made and seconded, it was voted 5-0 to send a letter of congratulations to the Girls’ Varsity Softball Team for their second Division 1 State Title win. Peet’s Coffee – Request for Outdoor Seating Upon motion duly made and seconded, it was voted 5-0 to approve the request of Peet’s Coffee for permission to have two black metal tables outside the store. 65-438 Selectmen’s Meeting June 22, 2009 Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of June8, 2009. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of June 8, 2009. Irving H. Mabee Plaque Wording Upon motion duly made and seconded, it was voted 5-0 to approve the wording for the Irving H. Mabee plaque at the Swimming Pool Complex as follows: In Appreciation of Selectman Irving H. Mabee 1921 – 1983. His skill, devotion and perseverance brought this pool complex from a dream to a reality. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go in to executive session to discuss the sale of real estate, litigation, and collective bargaining issues, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record; Attest: Diana B. Chabot Assistant to the Executive Clerk