HomeMy WebLinkAbout2009-09-BOS-min
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Selectmen’s Meeting
September 21, 2009
A regular meeting of the Board of Selectmen was held on Monday, September 21, 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.
Town Manager Report
Mr. Valente received notice last week that the Fire Department received a grant worth $14,500
from the Department of Public Safety. The money will be used to purchase a Mass Casualty
Trailer to store equipment and supplies in case of a large scale event.
Mr. Valente reminded the Selectmen that this Saturday there will be two open houses: the Police
Department Annual Open House and the official unveiling of the Samuel Hadley Public Services
Building. Both open houses will be from 10:00 a.m. to 2:00 p.m.
Mr. Valente briefly reported on the Town’s Sister City Exchange with Antony, France that took
place last week. He felt it was a wonderful event. He told the Antony residents at the farewell
dinner that he went to Antony feeling he was a guest but left feeling he we a part of their family.
Mr. Valente brought back a book with photos of France that the Mayor of Antony asked him to
present to the Selectmen. He also provided a local newspaper article of Lexington’s visit written
in French. The eight Lexington Minute Men on the trip were well received wherever they were,
including at the rededication of Plaza de Lexington, a very moving ceremony at Normandy, and
at a Wine and Cheese Festival. The whole event took a tremendous amount of work by many
people including: John Patrick, who speaks fluent French and was the trips interpreter; Dawn
McKenna, Chair of the Tourism Committee; Tony and Kitty Galaitsis, who also speak French;
and Bud and Shirley Frawley, who have many long lasting friendships with a number of families
in Antony. Mr. Valente said the Antony folks were terrific and very generous. Mr. Valente and
others visited the Mayor at Town Hall and asked about their issues, which he discovered were
not too dissimilar to Lexington: H1N1 virus and the increasing number of seniors and services
they need. He asked the Mayor if they have a Senior Center, which turned out to be close by,
and the group then visited and saw they were having lunch, which included wine.
Grant of Location – Verizon – Eldred Street New Pole
Mr. Burgio, representing Verizon, stated that a new pole was needed to raise some low wires.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of Verizon to
construct and a location for a new pole to be located on Eldred Street, placement of new pole
number 282/2A.
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Selectmen’s Meeting – September 21, 2009
Liquor Hearing – Omni Crushed Grapes and More – Change of Manager
Mr. Suren Der Avedisian and the proposed new manager, Kirk Der Avedisian, were present to
answer any questions regarding the request for a change of manager.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of manager and issue an all alcoholic retail package goods store license to J&T Enterprises of
Massachusetts, Inc., d/b/a Omni’s Crushed Grapes & More, 411 Waltham Street.
Communications Advisory Committee – LexMedia Performance Evaluation
Ms. Canale, Chair of the Communications Advisory Committee (CAC), stated the CAC was
there to give Selectmen an update of Lexmedia’s Performance Evaluation, which is a
requirement of LexMedia’s agreement with the town. CAC facilitates the process and charged
two CAC members to carry out the evaluation process.
Ms. Kieslich, CAC member and evaluation members, presented the three part process:
LexMedia was presented with 38 questions regarding its operations and also an additional seven
issues to address from the 2008 evaluation; visit to the LexMedia facility and an inventory spot
check; and hold a public hearing, which was not well attended, but positive. They then put
together the evaluation. In summary CAC feels LexMedia is making progress on all of the 2008
issues and that it was an eventful and satisfactory year and thus CAC recommends that the
contract be extended.
Ms. Kieslich provided some LexMedia highlights: financial oversight greatly improved; they
know where all equipment is and also disposed of some and were able to keep track;
programming has increased from 40 original hours per month last year to 80-100 per month now;
they are distributing programming in new ways, including being able to stream over the internet
and make the Selectmen meetings available On-Demand, cutting edge of technology.
Ms. Kieslich noted some areas that need improvement: 1) Outreach - they have reached out to
folks interested in public access have trained many people; they have also advertised in the
Community Education brochure, which they need to do more of. 2) Supplement financial
income – if they want to be robust going forward they need to supplement their income for the
future.
It was recommended that the Town, LexMedia and CAC meet to talk about the end of the
LexMedia contract on June 30, 2010 to figure out a mechanism of the cash flow gap and a clean
timely ending.
Mr. Forsdick, LexMedia, was pleased with results of performance evaluation and appreciates the
suggestions on how to improve and the support from the town and its residents. The Town will
be seeing more new things happening: a new once a month show called “All About Lexington”
and being able to see all three local cable channels streaming on-line. LexMedia is raising
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Selectmen’s Meeting – September 21, 2009
additional income from the sale of DVD’s and rental of the studios to independent film
producers. They also receive some underwriting and sponsorships and are looking at an
aggressive plan to increase those.
The CAC wants LexMedia to start thinking longer-term now, build on what they have started
because it takes a while to get fundraisers going and start generating revenue.
Upon motion duly made and seconded, it was voted 5-0 to authorize the Town Manager to sign
Amendment 3 extending the LexMedia contract to operate public access TV in Lexington for
nine months, to conclude on June 30, 2010 with an operating budget of $208,000 and $60,000
for PEG/capital equipment.
Change of Poll Location/Postcard Regarding Change and Elections
Ms. Hooper, Town Clerk, recommended to the Selectmen that the Precinct 8 polling location be
moved from the Central Fire Station to the Public Services Building at 201 Bedford Street
effective in time for the December 8, 2009 Special State Primary.
Upon motion duly made and seconded, it was voted 5-0 to designate the Samuel Hadley Public
Services Building at 201 Bedford Street as the poll location for Precinct 8 (instead of the Central
Fire Station), effective with the December 8, 2009 Special State Primary, with necessary
notification as required by law.
Ms. Hooper suggested that a town-wide postcard mailing be sent to meet statutory requirements
for voter notification of the poll relocation to precinct 8 voters that would also provide a town-
wide courtesy notification of upcoming special elections.
The Selectmen asked if there was a planned mailing that the Town could include a notice in
regarding the upcoming special elections, since the reason we dropped the notification
requirement was because of budget concerns.
Ms. Hooper estimated the cost to be less than $3,000 for printing and mailing. She does not
know of any mailing a notice could be included with, but will check.
Upon motion duly made and seconded, it was voted 5-0 to do a town-wide mailing with
notification of the location change for Precinct 8 as well as an announcement of the pending
State elections and, if possible, that the mailing be done in conjunction with another town-wide
mailing.
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Selectmen’s Meeting – September 21, 2009
Water and Sewer Abatement Board Appeal
Mr. Cohen explained that the Selectmen received a letter from Joel A. Bernstein and Barbara J.
Kelley appealing a decision of the Water and Sewer Abatement Board. This is the first appeal to
the Selectmen since the Board and its procedures were set up. The Selectmen should not get
involved in telling the Water and Sewer Abatement Board how to operate. However, in view of
the issues raised it would be wise to refer the matter back to the Board for further consideration.
Mr. Kelley would like the Selectmen to track this appeal and ask the Water and Sewer
Abatement Board to consider their current policy and what the appropriate water rate should be
when leaks occur. Responding to Mr. Kelley’s question, Mr. Addelson responded that Joel
Bernstein and Barbara Kelley were made aware that their appeal would be discussed by the
Selectmen at this meeting and the recommendation was to refer it back to the Water and Sewer
Abatement Board.
Upon motion duly made and seconded, it was voted 5-0 to refer the appeal of Joel Bernstein and
Barbara Kelley to the Water and Sewer Abatement Board for further consideration.
Preliminary Presentation of FY2010 Water and Sewer Rates
Mr. Addelson, Finance Director, reviewed the results of the FY2009 water and sewer operations,
billed consumption and retained earnings history. He also reviewed the FY2010 water and sewer
budgets as adopted at the 2009 annual town meeting. The FY2009 water and sewer operations
and the FY2010 water and sewer budgets will serve as a basis for calculating FY2010 water and
sewer rates.
Mr. Addelson will present the proposed water and sewer rates for FY2010 at the October 5
Selectmen meeting and at the October 19 meeting the Selectmen will take public comment and
vote on the proposed new rates.
Mr. Bartenstein, Precinct 1 Town Meeting member and member of the Appropriation
Committee, asked a question about retained earnings. Mr. Addelson will look into before the
October 5 meeting.
Preliminary Estimate of FY2010 Free Cash
Mr. Addelson, Finance Director, provided an analysis of the FY2009 operating results of the
Town’s general fund and estimates free cash will be certified at approximately $6.2 million. The
significant contributors to this estimate include higher than anticipated turnbacks (spending less
than appropriations) and the liquidation of purchase orders from fiscal years prior to FY2009.
Also revenue collections modestly exceeded estimates.
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Selectmen’s Meeting – September 21, 2009
Annual Appointments/Reappointments/Resignations
2020 Vision Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Peter Lee and Fernando
Quezada to the 2020 Vision Committee for three-year terms to expire September 30, 2012.
Board of Appeals
Upon motion duly made and seconded, it was voted 5-0 to appoint Martha Wood to the Board of
Appeals for a five-year term to expire September 30, 2014.
Upon motion duly made and seconded, it was voted 5-0 to reappoint Steve Colman, John Gilbert,
Jill Hai, Leo McSweeney and David Williams to the Board of Appeals as Associate Members for
one-year terms to expire September 30, 2010.
Design Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Brown, Richard
Friedson, Virginia Johnson, Bahig Kaldas, Timothy Lee, Alenka Slezak, Colin Smith, and
Steven Vincent to the Design Advisory Committee for one-year terms to expire September 30,
2010.
Upon motion duly made and seconded, it was voted 5-0 to reappoint Bruce Creager, John Frey
and Elizabeth Whitman to the Design Advisory Committee as Associate Members for one-year
terms to expire September 30, 2010.
Economic Development Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Frederick DeAngelis,
Lawrence Smith and Sigmar Tullman to the Economic Development Advisory Committee for
three-year terms to expire September 30, 2012.
Fence Viewers
Upon motion duly made and seconded, it was voted to reappoint David Buczkowski, William
Simmons and Robert Warshawer as Fence Views for one-year terms to expire September 30,
2010.
Gammel Legacy Trust
Upon motion duly made and seconded, it was voted 5-0 to appoint Marie Hill to the Gammel
Legacy Trust for a one-year term to expire September 30, 2010.
Upon motion duly made and seconded, it was voted 5-0 to reappoint Jacquelyn Ward to the
Gammel Legacy Trust for a one-year term to expire September 30, 2010.
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Selectmen’s Meeting – September 21, 2009
Housing Partnership Board
Upon motion duly made and seconded, it was voted 5-0 to reappoint Kenneth Kreutziger, Paul
Linton and Melinda Walker to the Housing Partnership Board for three-year terms to expire
September 30, 2012.
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of William
Carlson from the Housing Partnership Board, effective immediately.
Upon motion duly made and seconded, it was voted 5-0 to appoint Carol Marine to the Housing
Partnership Board to fill the unexpired term of William Carlson until September 30, 2010.
Human Services Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Eleanor Elkin to the Human
Services Committee for a three-year term to expire September 30, 2012.
Lexington Scholarship & Education Fund Board
Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Ash, Janine Cohen,
Thomas Fenn, John Miller and David Williams to the Lexington Scholarship & Education Fund
Board for one-year terms to expire September 30, 2010.
Lexington Bicycle Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Laurel Carpenter, John Frey
and Jerrold Van Hook to the Lexington Bicycle Advisory Committee for three-year terms to
expire September 30, 2012.
Lexington Center Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Pamela Lyons, Jerold
Michelson, Joseph Rancatore and Pamela Shadley to the Lexington Center Committee for three-
year terms to expire September 30, 2012.
Lexington Council for the Arts
Upon motion duly made and seconded, it was voted 5-0 to reappoint Jan Goplerud and Jackie
Hawkinson to the Lexington Council for the Arts for three-year terms to expire September 30,
2012.
Upon motion duly made and seconded, it was voted 5-0 to appoint Marilyn Kolb and Elizabeth
Rozan to the Lexington Council for the Arts for three-year terms to expire September 30, 2012.
Lexington Human Rights Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Melissa Buttaro, Fuang-
Ying Huang and Gerald McLeod to the Lexington Human Rights Committee for three-year
terms to expire September 30, 2012.
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Selectmen’s Meeting – September 21, 2009
Munroe Center for the Arts Board
Upon motion duly made and seconded, it was voted 4-0-1 (Kelley abstained) to reappoint Peter
Kelley to the Munroe center for the Arts Board for a one-year term to expire July 31, 2010.
Noise Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint John Maloney to the Noise
Advisory Committee for a three-year term to expire September 30, 2012.
Personnel Advisory Board
Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Evans to the
Personnel Advisory Board for a three-year term to expire September 30, 2012.
Police Manual Policy Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Cleveland Coats, Mark
Corr, Edith Flynn, William Hays and Gerald McLeod to the Police Manual Policy Committee for
one-year terms to expire September 30, 2010.
Sidewalk Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Suzanne Barry, John
Davies, Margaret Lotz and Jerrold Van Hook to the Sidewalk Committee for three-year terms to
expire September 30, 2012.
Tourism Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Susan Bennett, Mary Jo
Bohart, Kerry Brandin, Bernice Fallick, Carla Fortmann, Kathleen James, Dawn McKenna, Paul
O’Shaughnessy, John Patrick and Lou Sideris to the Tourism Committee for one-year terms to
expire September 30, 2010.
Town Report Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Michele Bokun, Zelda
Sokal and David Tabeling to the Town Report Committee for one-year terms to expire
September 30, 2010.
Upon motion duly made and seconded, it was voted 5-0 to appoint Scott Bokun and Christine
Labitt to the Town Report Committee for one-year terms to expire September 30, 2010.
Traffic Safety Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Stephen Ades, David
Cannon, Steve Frymer, Sudhir Murthy, Charles Sargent, Stefan Schatzki and Gail Wagner to the
Traffic Safety Advisory Committee for one-year terms to expire September 30, 2010.
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Selectmen’s Meeting – September 21, 2009
Transportation Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Sara Arnold and William
Levison to the Transportation Advisory Committee for three-year terms to expire September 30,
2012.
Tree Committee
Upon motion duly made and seconded, it was voted 5-0 to reappoint Karen Longeteig and Nell
Walker to the Tree Committee for three-year terms to expire September 30, 2012.
Water and Sewer Abatement Board
Upon motion duly made and seconded, it was voted 5-0 to appoint Maria Constantinides to the
Water and Sewer Abatement Board for a three-year term to expire September 30, 2012.
Town Manager Appointments – Council on Aging
Upon motion duly made and seconded, it was voted 5-0 to approve the following Town
Manager’s appointments to the Council on Aging: Margaret Cole, Peter Spiers, Rose Learner,
Nancy Adler and Irving Rothman for terms to expire May 30, 2012.
Approve Munroe Tavern CPA Grant Agreement
Mr. Valente stated that in June the Selectmen approved a Grant Agreement with the Historical
Society for the Munroe Tavern Historic Needs Study. This Agreement, which provided a
$50,000 grant, also required that the Historical Society provide the Town with a Preservation
Restriction on the property, which is required by CPA statute. Town Counsel and Counsel for
the Historical Society have negotiated the agreement before the Selectmen for approval.
Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Preservation
Restriction Agreement between the Town of Lexington and the Lexington Historical Society for
the Munroe tavern located at 1332 Massachusetts Avenue.
Approve and Accept Tree Manual and Comment on Setback Planting Agreement
nd
The Selectmen were provided a copy of the 2 edition of the Tree Management Manual that was
prepared by the Tree Committee and were asked to approve and accept the report.
nd
Upon motion duly made and seconded, it was voted 5-0 to approve and accept the 2 edition of
the Tree Management Manual dated 2009.
The Tree Committee and the Tree Warden request that the Selectmen approve in concept the
proposed Setback Planting Agreement, which would facilitate the planting of more trees through
town when there will be 100 trees available from the nursery. Town Counsel is still refining and
adding more protection into the agreement. The practice of setback planting has been used in
Lexington for the last 20 years, but the Tree Committee and Tree Warden feel it is appropriate to
formalize the agreement.
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Selectmen’s Meeting – September 21, 2009
Upon motion duly made and seconded, it was voted 5-0 to approve in concept the Setback
Planting Agreement as provided.
When the Setback Planting Agreement is finalized it will be submitted to the Policy Manual
Committee and the Selectmen for inclusion in the Procedures Polices and Regulations Manual.
Set Date for Special Town Meeting and Close Warrant
Upon motion duly made and seconded, it was voted 5-0 to set the date for a Special Town
Meeting to be held on Monday, November 9, 2009.
Upon motion duly made and seconded, it was voted 5-0 to close the warrant for the November 9,
2009 Special Town Meeting on Friday, September 25, 2009 at 4:00 p.m.
Entertainment License – Brewed Awakening Café
Upon motion duly made and seconded, it was voted 5-0 to approve and sign an Entertainment
License for Brewed Awakening Café, 321 Marrett Road.
Approve Sending Support Letters
Safe Routes to School Infrastructure Program
Mrs. Krieger stated that this letter of support is in response to a preliminary assessment which
was done by the Executive Office of Transportation that looked at the Bowman neighborhood
and recommends 1,500 feet of sidewalk between the Bowman School toward the Follen Hill area
and improved signage at Pleasant Street crosswalk near Worthen Road. They estimate the cost at
$225,000 and it is likely the state will fund that amount. The letter states that the Bowman
neighborhood is grateful, that there is an active Safe Routes to School program and we would
like to access the funds.
Upon motion duly made and seconded, it was voted 5-0 to send a support letter to the Executive
Office of Transportation.
House 3252, An Act Relative to Zoning at Hanscom
Mrs. Krieger stated that the bill was filed by Representative Kaufman and it would require all
non-aviation development at Hanscom to be subject to local zoning.
Upon motion duly made and seconded, it was voted 5-0 to send a letter to Senator Steven A.
Baddour, Chair of the Joint Committee on Transportation, supporting House Bill 3252, An Act
Relative to Zoning at Hanscom.
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Selectmen’s Meeting – September 21, 2009
Senate Bill 90, An Act to Sustain Community Preservation
Mr. Cohen explained that if Senate Bill 90, An Act to Sustain Community Preservation, is passed
it would increase the registry fee when real estate is sold and that would help to bring back a
match of 75% from the State.
Upon motion duly made and seconded, it was voted 5-0 to send a letter to Senator Moore and
Representative Forry, Chairs of the Committee on Community Development and Small
Business, supporting Senate Bill 90, An Act to Sustain Community Preservation.
Support Letter for High School Science Department
Mrs. Krieger explained that as part of the earth science curriculum at the High School, they are
applying for a $2,500 grant to purchase measurement equipment that would be used in
conjunction with enhancing their climate change curriculum and would allow them to do
measurements on home energy efficiency.
Upon motion duly made and seconded, it was voted 5-0 to send a letter to the Massachusetts
Technology Leadership Council supporting the Lexington High School earth science curriculum
request for a grant.
Consent Agreement
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of August 3,
2009 and August 31, 2009.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
August 31, 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 collective bargaining and the disposition of real property, with no intent to
return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk