HomeMy WebLinkAbout2009-06-BOS-min
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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