HomeMy WebLinkAbout2009-12-BOS-min
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Selectmen’s Meeting
December 1, 2009
A meeting of the Board of Selectmen was held on Tuesday, December 1, 2009 at 8:00 a.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.
FY 2011 Budget Presentations
Office of Community Development
Ms. Mullins presented the FY2011 Community Development budget requests. Level Service
Requests: Building and Zoning $471,298; Regulatory Support $189,896; Conservation
$157,910; and Health $221,589. Total Level Service Budget $1,040,694.
Program Improvement Requests: Part-Time Municipal Clerk $14,707; Seasonal Land
Management Intern Hours $1,350; Community Gardens on Conservation Land $10,600; Part-
time Conservation Ranger $11,900. Total Program Improvement Requests: $38,557.
Department goals include: implement Laserfiche Document Imaging software; expand the
microfilming and scanning programs to other divisions within the department; develop and adopt
an electronic records management policy detailing format for submissions for permit filings,
plans, and other documents to incorporate into the new Laserfiche Document Imaging Program;
implement permit tracking software; and increase public outreach and education to homeowners
and contractors regarding the Community Development Department functions and permitting
processes through the town website.
Health Goals: continue pandemic flu planning.
Conservation Goals: prepare and implement land management plans for each conservation area
and implement the watershed stewardship program in collaboration with DPW.
Town Clerk
Ms. Hooper presented the Town Clerk FY2011 Budget Requests. Level Service Requests:
Town Clerk Administration $248,267; Board of Registrars $17,525; Elections $105,450; and
Records Management $38,591. Total Level Service Budget $409,832.
Department Goals include: development of coordinated Archives & Records Management
Program, including Cary Vault completion, CPA support for historic records conservation and
preservation and records indexing and Laserfische Document Imaging System implementation
for records retention and electronic access.
Public Works
Mr. Hadley presented the Public Works FY2011 Budget Requests: Level Service Requests:
DPW Administration $520,506; Town Engineering $548,405; Street Lighting $401,007;
Highway $1,078,945; Road Machinery $672,000; Snow Removal $737,445; Parks Division
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Budget Presentations – December 1, 2009
$883,037; Forestry $278,237; Cemetery $299,593; Refuse Collection $744,500; Recycling
$1,113,909; Refuse Disposal $594,000; Lexpress $532,123; Parking Operations $138,353. Total
Level Service Budget: $8,541,664.
Program Improvement Requests: Jack Eddison Minuteman Bikepath Maintenance $20,000 and
W-4 Heavy Equipment Operator (Compost Facility) $51,939. Total Program Improvement
Requests: $71,939.
Department Goals include: Continue the American Public Works Association self assessment
portion of the accreditation process; support implementation of GIS; explore long-term
alternative disposal options for refuse disposal and collection; work with the Energy Committee
to improve energy efficiency and savings; and establish a regular tree planting program.
Water Enterprise
Mr. Hadley presented the FY2011 Water Enterprise Budget Requests: Water Operations
$2,164,869; MWRA $4,930,806; Indirects $743,400. Total Water Enterprise Budget
$7,839,075.
Department Goals include: continue with the hydrant maintenance program; continue seeking
out the last 4 percent of meters that have not been changed out; recertify two employees in
Backflow/Cross-Connection Devices and plan and implement a Backflow testing program;
reduce the amount of Pit Meters in Town and change out the manual reads on the ones that
cannot be eliminated; and update all the “paper tie cards” for GIS implementation.
Sewer Enterprise
Mr. Hadley presented the FY2011 Sewer Enterprise Budget Requests: Sewer Enterprise
$1,240,202; MWRA $7,182,838; Indirects $668,690. Total Sewer Enterprise Budget
$9,091,879.
Department Goals include: continue to rehab and refurbish all 9 pump stations and bring them
up to OSHA standards; clear and repair all access routes to all sewer easements; prioritize and
repair problem areas; continue pipe flushing program and root removal in all problem areas; and
initiate an educational program for the entire Town as to the costs and problems created by
inflow and infiltration.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 10:00 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 2, 2009
A meeting of the Board of Selectmen was held on Wednesday, December 2, 2009 at 9:00 a.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.
FY 2011 Budget Presentations
Recreation
Ms. Simmons, Recreation Director, presented the Recreation FY2011 Budget Requests. Level
Service Requests: Recreation $1,184,696; Pine Meadows $529,047; and Indirect Costs
$203,583. Total Level Service Budget $1,917,326.
Department Goals: implement Online Registration for all Recreation Programs; manage active
recreation construction projects and review, edit and implement new department performance
measurement system.
Planning
Ms. McCall-Taylor, Planning Director, presented the Planning FY2011 Budget Requests. Level
Services Requests: Planning $245,170.
Program Improvement Requests: Zoning Consultant $50,000 and Regional Housing Specialist
$20,000. Total Program Improvement Requests: $70,000.
Department Goals include: update the Zoning Bylaw particularly the use table and definitions;
update the Development Regulations and coordinate standards with the Engineering Division’s
standards (ongoing); implement the transportation management plan for the Hartwell Avenue
area ($100,000 appropriation from 2009 Town Meeting); continued study of the commercial
districts in order to propose bylaw changes that will enhance economic development while
mitigating impacts on the Town and explore affordable housing production options utilizing
CPA and HOME fund.
Human Services
Ms. Rodgers, Human Services Director, presented the FY2011 Human Services Budget
Requests. Level Services Requests: Administration $166,130; Community Programs $129,939;
Human Services and Veterans Administration $77,709; Services for Youth $74,326; Senior
Services $115,045; Developmentally Disabled $15,000. Total Level Service Budget $578,149.
Program Improvement Requests: Part-Time Municipal Clerk $7,739 and Senior Services
Coordinator (restore position to full-time) $10,000. Total Program Improvement Requests:
$17,739.
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Budget Presentations – December 2, 2009
Departmental Goals: Collaboration with Department of Public Facilities to make safety and
accessibility improvements to the Muzzey Senior Center; growth of programs for youth and
families, in partnership with the Lexington Public Schools, Town departments and local
community groups; community-wide forums to discuss transportation needs and possible
solutions and improved outreach and communications to all members of the community,
informing the community of available services and resources, continued assessment of critical
social services needs , strengthen working partnerships with boards and committees.
Library
Ms. Rawson, Library Director, presented the Library FY2011 Budget Requests. Level Service
Requests: General and Technical Services $409,996; Adult Library $1,201,242; and Children’s
Library $358,271. Total Level Service Budget: $1,969,509.
Department Goals include:
1.To provide a variety of rich, historical and current print and electronic resources for the
public.
2.To promote the love of reading in order to encourage a community of lifelong learners.
3.To connect library users with the information they need.
4.To serve as a physical as well as virtual “commons”: informational, cultural and social.
5.To utilize appropriate technology to maintain, enhance and extend library services both
within the library and beyond.
6.To provide a welcoming environment to all.
Town Manager
Ms. Vine, Deputy Town Manager, presented the Town Manager’s Office FY2011 Budget
Requests. Level Service Requests: Organizational Dir. and Administration $559,413 and
Human Resources $181,312. Total Level Service Budget $740,725.
Program Improvement Requests: Part-Time Department Clerk $20,000; Classification and
Compensation Study $16,500 and Pre-Employment Physicals $5,000. Total Program
Improvement Requests: $41,500
Department Goals include: plan for space reallocation in the Town Office Building; create
multi-year professional development plan primarily focused on middle managers; maintain and
improve Town website with regard to usability, usage of e-government services, and policies and
procedures; negotiate collective bargaining agreements for all municipal unions, associations and
the Health Insurance Coalition; review and refine administrative policies for the organization and
issue an RFP for Health Insurance consulting services.
Town Committees
Ms. Vine, Deputy Town Manager, presented the Town Committees FY2011 Budget Requests.
Level Service Requests: Financial Committees $1,500; Miscellaneous Boards and Committees
$4,500; Public Celebrations $30,000. Total Level Service Requests: $36,000.
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Budget Presentations – December 2, 2009
Economic Development
Ms. Yanofsky, Economic Development Officer, presented the Economic Development FY2011
Budget Requests. Level Service Requests: Economic Development Office $84,445.
Busa Farm
Mr. Valente reviewed the issues regarding access from Farm Road and the amount the security
deposit should be. There appears to be access from Farm Road to the Busa Farm land. The
Selectmen discussed how much the security deposit should be and the consensus is at least
$50,000.
One-Day Liquor License – LHS Boys Basketball Boosters
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for
LHS Boys Basketball Boosters to sell wine and beer at a fundraiser on Saturday, December 12,
2009, from 7:30 p.m. to 11:00 p.m. at the Depot Building.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 11:45 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 3, 2009
A meeting of the Board of Selectmen was held on Thursday, December 3, 2009 at 8:00 a.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 Facilities
Mr. Goddard, Public Facilities Director, presented the FY2011 Public Facilities Budget. Level
Service Requests: Education Facilities $6,610,476; Municipal Facilities $1,485,261; Shared
Facilities $849,967 minus Public Facilities Revolving Fund $275,000. Total Level Service
Budget: $8,670,704.
Department Goals include: utilize work order and PM program to continuously improve
equipment reliability; establish standards on service deliveries and monitor performances and
identify opportunities for improvement; and support town-wide goals on facility energy
efficiency resulting in a town-wide reduction in facility energy consumption.
Finance
Mr. Addelson, Comptroller, presented the Finance FY2011 Budget Requests. Level Service
Requests: Comptroller $559,159; Revenue $355,904; Assessor $462,667; and Utility Billing
$66,641. Total Level Service Budget $1,444,371.
Program Improvement Requests: Tax Title Fees $10,000 and Fee-Based Professional Appraisers
$24,000. Total Program Improvement Requests $34,000.
Department Goals include: Assessing – perform triennial revaluation to property values and
continue to pursue initiatives to identify full annual growth of personal property. Comptroller -
transition to accounting for Trust Funds in the general ledger; implement electronic purchase
order system and implement general billing for miscellaneous receivables. Treasurer/Collector –
Continue progress in putting delinquent taxes into tax title to insure ultimate collection of past
due amounts; move unpaid water and sewer bills onto tax bills preparatory to moving delinquent
taxes (inclusive of unpaid utility charges) to tax title, thus insuring ultimate collection of past due
utility bills; bid banking services; and bid bill printing services.
MIS
Mr. Addelson, Comptroller, presented the MIS FY2011 Budget Requests. Level Service
Requests: MIS Administration $570,298 and Web Development $17,100. Total Level Service
Budget $587,398.
Department Goals: maintain stable and secure local area networks; provide on-going training
and support to employees; perform needs assessment of phone system needs and make
recommendations for improvements; create self service improvements for Town employees and
residents; and reduce technology energy burden via ‘green’ initiatives.
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Budget Presentations – December 3, 2009
Busa Farm
Because of a request from one of the abutters of the Busa Farm property, the Selectmen
discussed whether they would allow executive session minutes to be released relating to the Busa
Farm.
Upon motion duly made and seconded, it was voted 5-0 to release executive session minutes
related to Busa Farm (between January and October 2009) and classify as open minutes.
Upon motion duly made and seconded, it was voted to adjourn at 9:40 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Budget Collaboration/Financial Summit 2
December 3, 2009
A joint meeting of the Board of Selectmen, School Committee and Finance Committees was held
on Thursday, December 3, 2009, at 7:30 p.m. in the Selectmen Meeting Room, Town Office
Building. Present: Chairman Cohen, Mrs. Krieger, Mr. Kelley and Mr. Burnell; Mr. Valente,
Town Manager, Mr. Addelson, Comptroller, Ms. Chabot, Assistant to the Executive Clerk; Dr.
Ash, Superintendent; Ms. Dunn, Assistant Superintendent; all members of the School
Committee; all members of the Appropriation Committee except Ms. McLeish and Mr.
Michelson; and all members of the Capital Expenditures Committee, except Mr. Edson.
FY2011 Revenue Projections
Mr. Valente presented an overview of the updated FY2011 Revenue Projections. Compared to
what was presented on October 1, revenue projections increased by $592,619. In FY2011, Gross
Revenues are projected to increase by approximately $5.5 million or 4 %. Mr. Valente pointed
out that FY2011 State Aid is projected to remain unchanged from its FY2010 level. This is
admittedly an aggressive projection in light of current economic conditions that suggest more
state aid cuts. He is recommending that reductions in Cherry Sheet aid be offset with
appropriations from the Stabilization Fund. He also noted that the FY2010 gross revenue
number (approximately $140,000,000) was understated by $231,000 in anticipation that there
will be further state aid cuts this year.
Presentation of Revenue Source
Mr. Addelson presented the major categories of Revenue: Property Tax Levy, State Aid, Local
Receipts, Available Funds, Revenue Offsets, and Enterprise Fund Receipts. When monies set
aside for designated expenses are deducted, Net General Fund Revenues are projected to increase
by approximately $4.7 million or 3.4 %.
$6.8 million has been identified as available to fund the FY 2011 budget. Of that total, the
largest component is general fund undesignated fund balance or free cash at $6.2 million. The
amount of free cash proposed to support the FY2011 operating budget is $3.7 million. The
proposed designations of revenue set aside to finance non-operating budget expenses and their
financing sources are: $400,000 (free cash) for unanticipated needs of the current fiscal year,
FY2010; $479,399 (free cash) to be used for supplemental funding of the Other Post-
Employment Benefit Liability (OPEB) account; $850,000 (free cash) to be applied to cash
capital; $420,000 (free cash) for supplemental FY2011 debt service or cash capital; $350,000
(free cash) to be used for supplemental funding of the SPED reserve; $551,578 (tax levy) for the
Street Reconstruction program funded in the 2001 override; $161,534 (tax levy) for the Building
Envelope capital program funded in the 2006 override, and $45,000 (tax levy) for the Senior
Work-Off program.
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Summit – December 3, 2009
Policy Issues Related to FY2011 Budget
Mr. Valente asked for feedback from the Summit Group on several policy issues. The first did
not require any action but was for the group to keep in mind what could happen if the Town sees
additional state aid cuts. The next item was the Town’s proposal to use $420,000 of free cash
reserves for either additional cash capital or debt service projects. Mr. Valente asked if the
Capital Expenditures Committee (CEC) had comments they wanted to make tonight or meet over
the next few weeks so the Town can put forward the Capital Budget. The CEC will schedule a
meeting with Mr. Addelson. And finally Mr. Valente asked in the event that there is a reduction
in state aid in FY2011 how the summit participants feel about filling that gap with the use of the
stabilization fund.
It was suggested that cuts could be made in the budget or the $420,000 for capital projects could
be used before going to the stabilization fund. Mr. Diaz, School Committee, commented that
this was exactly the situation for which the stabilization fund was created. Mr. Levine,
Appropriation Committee, felt that this is the right time to spend on capital projects. Mr. Kanter
agreed that as long as the capital projects will be focused on achieving energy savings, the Town
should keep the $420,000 for capital projects and the Stabilization Fund should be the safety
valve. Mr. Kelley feels that the Stabilization Fund is something for to Town to look to in
extraordinarily difficult circumstances. He does not think that a reduction in aid from the State
qualifies as extraordinarily difficult circumstances.
Establish Date for Summit 3
Mr. Valente explained that the plan going forward is to present the consolidated budget to the
Selectmen on or about January 11, 2009. Summit 3 will be scheduled for Wednesday January
20, 2009.
Mr. Cohen announced that there will be a five minute recess. The School Committee left the
meeting. Mr. Manz joined the meeting. Mr. Cohen reconvened the meeting.
Munroe School Disposition
Mr. Cohen explained that the Selectmen had set clear goals with regard to the Munroe School
building: first that the arts center had a lot value for the Town, and second that the building had
a great deal of liabilities and should be disposed of. He asked the Appropriation Committee and
Capital Expenditures Committee to share their goals for this building.
Mr. Lamb, Capital Expenditures Committee, commented that going forward, the Selectmen
should be more proactive in addressing the concerns raised during the debate at the Special
Town Meeting. Mr. Eurich, Appropriation Committee, thinks the Selectmen should show that
they have considered all aspects of the question: what is best for the Lexington taxpayers. Mr.
Kelley suggested sending out a more open ended RFP; addressing the concern of whether the
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Summit – December 3, 2009
Munroe Center is a legitimate non-profit; and investigating what other Towns nearby have done
in this situation. Mr. Manz said that a presentation could be made as to the range of possible
uses for the building, the financial gain from each, and the reason for selecting the proposal
chosen.
Upon motion duly made and seconded, it was voted to adjourn at 10:03 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
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Selectmen’s Meeting
December 14, 2009
A meeting of the Board of Selectmen was held on Monday, December 14, 2009 at 8:00 a.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.
FY 2011 Budget Presentations
Police
Chief Corr presented the FY2011 Law Enforcement Budget. Level Service Requests: Police
Administration $1,136,518; Patrol & Enforcement $2,843,324; Parking Operations $71,033;
Investigations $695,626; Dispatch $527,092; Animal Control $30,005; Crossing Guards
$131,791. Total Level Service Budget: $5,435,388.
Program Improvement Requests: Traffic Safety Officer $54,973; Center Officer OT Backfill
$38,872; Backfill/Staff and Policy Development $35,609; Quarterly Debriefing of Fire
Operations $10,507; Animal Control Officer to Full-time $21,518; Crime Prevention and Safety
Officer $54,973; Backfill – Desk Officer Overtime $37,252; Computer Forensic Information
Specialist $60,000. Total Program Improvement Request: $313,704.
Department Goals: promote and train new personnel, including (at a minimum) one Captain, one
Lieutenant, two Sergeants with hiring of patrol officers to fill these vacancies; advance the space
needs study of the police station into the subsequent stages of design and engineering; and
update at least 50 percent of Department policies and procedures; convert them to an on-line
medium with ultimate goal of achieving Accreditation recognition..
Fire
Chief Middlemiss presented the Fire Department FY2011 Budget Requests. Level Service
Requests: Fire Administration $251,524; Fire Prevention $184,360; Fire Suppression
$4,518,003; Emergency Medical Services $131,900; Emergency Management $22,000; Total
Level Service Budget: $5,107,787.
Program Improvement Requests: Assistant EMS Coordinator $1,300; 4 Fire Lieutenants
$19,318; and Operations/Training Assistant Chief $77,797. Total Program Improvement
Requests: $98,415.
Department Goals: Headquarters design and remove overhead fire alarm cables, which is ¾
complete.
Upon motion duly made and seconded, it was voted to adjourn at 9:15 a.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen’s Meeting
December 14, 2009
A regular meeting of the Board of Selectmen was held on Monday, December 14, 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.
Selectmen Concerns and Liaison Reports
Mrs. Krieger complimented and thanked the DPW on the job they did cleaning the sidewalks
after the snow storm. She heard from merchants that they appreciate the clearing done in the
center.
Town Manager Report
Mr. Valente provided the Selectmen with a draft of what the potential financial impacts will be if
the proposed changes in the Ethics Statute go into effect. He plans to bring it to a meeting with
the Ethics Commission next week with other communities.
Discussion of McGuirk Water Appeal
Mr. Manz reviewed all the material the Selectmen were provided by the McGuirks and the Water
Sewer Abatement Board (WSAB). He feels that after the initial installation of the meter in 2001
there was an extended period of very low usage, supported mostly by estimates and postcards,
but bolstered by some actual readings. He questions why when the meter was installed there was
no actual reading. The McGuirks could not have known there was a problem because there was
never a believable baseline established. Some of the information we do not know is what was
wrong with the meter pad and when was it fixed and if the new style pads can give inaccurate
readings. Mr. Manz feels the meter pad never worked correctly and suspects that some of the
actuals and some of the postcard readings were read from the wrong meter or were a miscoding.
He thinks the Town bears some of the responsibility for not getting accurate usage data to the
customer in a timely fashion and for not aggressively pursuing repairs to an obviously
malfunctioning meter. Mr. Manz suggests that the McGuirks be billed at the lower rate (either
Tier 1 or the commercial rate).
Mrs. Krieger questions whether the Selectmen should discuss specifics or refer back to the
WSAB with the understanding the water was used, but probably the Town is at some fault. The
WSAB needs to establish a policy.
Mr. Manz would like more control in determining the outcome. The Chair of the WSAB pointed
out that they are interested in what water was used and its price. The Selectmen have additional
considerations.
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Selectmen’s Meeting – December 14, 2009
Mr. Kelley would like to send a message with respect to what this Board thinks is an equitable
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cost for water and suggest we recommend or impose a charge at the 1 tier and get proper
readings from now on every six months.
Upon motion duly made and seconded, it was voted 5-0 to send the matter back to the Water and
Sewer Board, have Mr. Manz with the information he provided attend their meeting to discuss,
and refer back to the Selectmen for final approval.
Update on Stone Building and Town Office Building Projects
Stone Building
Mr. Mark Barrett, Public Facilities Project Manager, updated the Selectmen on the Stone
Building project and the town office building project.
Menders, Torrey & Spencer Architects provided a report that included conditions assessment,
recommendations and conceptual plans. The condition assessment looked at the property history
and significance; architectural and material assessment; structural assessment and regulatory and
access review. The recommendations and plans looked at conceptual plans, treatment and code
recommendations, cost estimates and maintenance plan. Based on historic photographs,
conjectural elevations of the original ell were drawn up. The ell was likely divided into two
rooms on each level, with a central circulation area on the first level connecting to the front stair
hall. Some of the work performed on the exterior of the building included selective material
removal and materials and paint analysis. The report included three cost model options for
moving forward: Autumn 2009 Repairs - $13,300 (which are currently being done); Envelope
Stabilization - $200,933 (which is a request before the Community Preservation Committee); and
Potential Restoration with ell - $1,477,506.
Mr. Kelley does not want to spend the $200,933 for stabilization repairs, but suggests moving
forward with the full restoration and incorporate the stabilization items into the full blown
renovations.
Ms. Hooper, member of the Lexington Heritage Center Group stated the group is concentrating
on use of the lower level for the Heritage Center initiatives, the upper level for community use
and Robbins Hall for appropriate meetings for the type of building it is. The Heritage Center
concept and Heritage Collaboration want to promote exhibits on the first floor promoting
Lexington heritage. They also want to promote connectivity and a gathering place for
community groups. They also want to use the building for 2013 celebrations.
The Selectmen want to make sure the plans allow for security of certain areas and not limit
opportunity for using the meeting rooms.
Ms. Hooper stated that they are looking to restore the main stairway. There would be secure
display cases so if groups are using the upstairs the locked cases would keep the items safe.
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Selectmen’s Meeting – December 14, 2009
Town Office Building
The firm of Bargmann Hendrie & Archtetype, Inc. (BHA) was hired for this project to look at
space allocation in the town office building, determine where department adjacencies could be
improved, improve accessibility, expand life-safety/fire suppression systems and improve
records storage requirements. BHA started in September looking at program issues and
developed a report on space utilization for each department, staffing and functions and then
developed a chart that represented square footages that were held and what was needed to
support staff and functions and what the deficit was for each department. Chart shows a shortfall
of 3,200 square feet. Multiple design schemes were developed. Currently Scheme F continues
to be developed to confirm responsiveness to needs. Preliminary project cost is $1,934,447.
Mr. Kelley would rather see the Recreation Department on ground floor to make it easy for
people to stop in because of the entrance and short-term parking and the families do not have to
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go up two flights of stairs. He hopes that the 1 floor will have handicap accessibility when
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renovations are complete and that the front door will be accessible to everyone. The 1 floor
should have a handicap bathroom; should be a handicap bathroom on each floor.
Mr. Burnell feels it is important to have scrubbed the process properly before going too far and is
concerned that that has not been done satisfactorily. He is not enthusiastic about moving
everything around and would like to see as little disturbance as possible rather than best possible
combinations. He is not a fan of offices; there should be more open space because it is much
easier to make adjustments. He suggests flexible partitions or work centers in open spaces.
Mr. Kanter asked what the plan was for swing space. He also asked why Scheme F was picked.
Mr. Barrett responded that the concentration has been on the development of a plan. Once the
plan is final they we can accurately access how to handle swing space.
Mrs. McKenna, Chair of the Tourism Committee, is concerned that the Liberty Ride office space
is not shown on the Scheme F drawings. Their current space is inadequate to store all their
records and she suggested that Room 208 would be a secure location for their needs. She hopes
someone will talk to the Tourism Committee before the plans are finalized.
Approve Liquor License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the following liquor license
renewals:
Clubs
Knights of Columbus
Lexington Elks
Lexington Golf Club
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Selectmen’s Meeting – December 14, 2009
Restaurants
Bertucci’s Brick oven Ristorante
Dabin Restaurant
Ixtapa Cantina Mexican Family Restaurant
Khushboo
Lexx Restaurant
Nourish eat well live well
Teppanyaki Asian Cuisine
Tio Juan’s Margaritas Restaurant
Upper Crust
Via Lago
Yangtze River Restaurant
Innholder
Aloft Lexington
Element Lexington
Retail Package Goods Store
Berman’s Wine & Spirits
Busa Brothers Liquors, Inc.
Lexington Liquor Mart
Nikki’s Fine Wine & Spirits
Omni’s Crushed Grapes & More
Vinebrook Bottle Shop
Wine and Malt
Daikanyama Japanese Cuisine
Approve Other License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the following licenses:
Class II
Auto & Diesel Sales
Autobahn East
Lexington Auto Group
Class III
John P. Carroll Company, Inc.
Coin Operated Machines
Lexington Elks (3)
Lexington VFW (5)
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Selectmen’s Meeting – December 14, 2009
Common Carrier
Boston Tours, Inc. (2)
Common Victualler
Alexander’s Pizza
Bertucci’s Brick Oven Ristorante
Bollywood Café
Dabin Restaurant
Daikanyama Japanese Cuisine
Dunkin Donuts, 141 Mass. Avenue
Dunkin Donuts, 317 Woburn Street
Dunkin Donuts, 10 Woburn Street
Ixtapa Cantina Mexican Family Restaurant
Khushboo
Knights of Columbus
Lexington Elks
Lexington Golf Club
Lexx Restaurant
Nourish eat well live well
Peet’s Coffee & Tea
Pine Meadows Golf Club
Rancatore Ice Cream
Short Order Gourmet
Teppanyaki Asian Cuisine
Upper Crust
Vinny T’s of Boston
Entertainment
Brewed Awakening Café
Lexington VFW
Lexx Restaurant
Nourish eat well live well
Upper Crust
Appointment – Board of Appeals Associate
Upon motion duly made and seconded, it was voted 5-0 to appoint Marilyn Kolb to the Board of
Appeals as an Associate Member for a one-year term to expire September 30, 2010.
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Selectmen’s Meeting – December 14, 2009
Consent Agenda
Commitments and Adjustments of Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments
and adjustments:
Commitment of Water/Sewer Charges for October 9, 2009 (Cycle 9) $209,701.05
Commitment of Water/Sewer Charges for September 2009 (Finals) $28,812.06
Commitment of Water/Sewer Charges for Town-wide Billing (Sections 1-3) $6,372,728.56
Adjustment of Water/Sewer Charges for December 14, 2009 $52,861.41
Patriot’s Day Events – Town Celebrations Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the requests of the Town
Celebrations Committee for Monday, April 19, 2010, for the Patriots’ Day Morning Parade,
Battle Green Ceremonies and Afternoon Parade.
One-Day Liquor License –Fiske School Fundraiser
Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to
serve all alcohol for the Fiske School PTO at a “Fiske Frost Silent Auction” fundraiser on
Friday, January 29, 2010, at Cary Hall from 7:00 p.m. to 11:00 p.m.
Re-sign Maintenance Agreement – Mass DOT
Upon motion duly made and seconded, it was voted 5-0 to sign a Maintenance Agreement
between the Town of Lexington and Massachusetts Department of Transportation (MassDOT) to
install a traffic control signal and construct roadway improvements on Route 2A at the
intersection of Spring Street.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session
for a land matter, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:50 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
65-540
Selectmen’s Meeting
December 21, 2009
A regular meeting of the Board of Selectmen was held on Monday, December 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.
Public Comment
Mr. Sellars previously provided documents to the Selectmen and asked about a piece of land that
he believes belongs to him. It was suggested that he would need to bring an action in Land Court
to get the issue resolved.
Town Manager Report
Mr. Valente announced that Police Sargent Edward O’Brien passed away last week after a
lengthy illness. He was a member of Police Department for over 30 years. He wanted to extend
sympathy to Sargent O’Brien’s family. He also wanted to recognize Chief Corr and the Police
Department Honor Guard and Chief Middlemiss and the Fire Department Honor Guard, all of
whom attended the wake and funeral.
Public Works Economic Development Grant
Ms. Yanofsky, Economic Development Officer, and Mr. Livsey, Town Engineer, will be
working on a Public Works Economic Development (PWED) grant application over the next 5
months for possible construction to begin in July 2010. The Town is obligated to apply for state
assistance and is eligible to use it for the Hayden/Spring area. The State process remains unclear
because of a reorganization of the Department of Transportation, but they expect the details to be
worked out in January. Potential projects along Hayden Avenue corridor include installing a
sidewalk on Hayden Avenue which will help with public transportation. If the Town receives
the grant they will also look at making improvements in the Spring Street/Concord Avenue and
Spring Street/Hayden Avenue areas to improve the safety and slow traffic for pedestrians,
cyclists and vehicles.
The public process will include at least one public hearing, more engineering/survey work,
concept plan to be put together following a series of meetings. The Economic Development
Grant requires business participation and the Town will do outreach to them and ask for their
support.
Upon motion duly made and seconded, it was voted 5-0 to authorize the Town, acting through
the Town Manager, to apply for the PWED grant in January of 2010.
65-541
Selectmen’s Meeting – December 21, 2009
Concord Avenue Sidewalk Discussion
The Selectmen received a petition from the Five Fields neighborhood with 148 signatures
requesting a feasibility study for sidewalks on Concord Avenue. Mrs. Krieger explained that the
petition was the result of a meeting Five Fields conducted in October. The subject was to discuss
traffic calming opportunities on Concord Avenue and to look at the impact of sidewalks being
constructed from Waltham Street to Spring Street because of the desire to be connected to
Waltham Street. At the October meeting Mr. Livsey, Town Engineer showed the impacts and
shared some concerns if a sidewalk was constructed on Concord Avenue. Based on that
information the neighbors petitioned residents and came up with the 148 signatures which
represent 85 or 90 percent of Five Fields and at least half on Concord Avenue and the side
streets. There is strong sentiment that the next step should be taken to determine the feasibility
of constructing a sidewalk. If the Town goes forward with the feasibility study the Selectmen
ask that engineering define a scope of study and then funding would be requested at an Annual
Town Meeting from the Traffic Mitigation Fund.
Ms. Abby Schwartz, 485 Concord Avenue, would like to be able to walk to school and to visit
friends, but because there is no sidewalk on Concord Avenue it is not safe to walk to school or to
visit friends.
Mrs. Krieger mentioned that Clarke Middle School is joining the Safe Routes to School Program
and students will be interested in walking.
Ms. Marina Thompson, 500 Concord Avenue, knocked on many doors with the petition. People
were very excited about the possibility of a sidewalk on Concord Avenue. She mentioned
current unsafe issues at the bus stops, snow piles around bus stops, Lexpress does not go down
Concord Avenue and lastly the increase in traffic over the next five years as the technology
builds out.
Mrs. Krieger asked that stripping on Concord Avenue to delineate a bike lane be done before the
sidewalk is constructed. The Selectmen approved the stripping in 2002.
Reconsider Vote on Water/Sewer Abatement Rate
At the November 23 meeting the Selectmen voted to adopt the wholesale rate as the charge for
losses from a determined leak or loss of water on an abatement request and after further
discussion with the Water and Sewer Abatement Board (WSAB) the Selectmen were asked to
discuss further.
Mr. Manz has had discussions with members of the WSAB and believes there is still a strong
argument for tying to the wholesale rate if you can take each request as an isolated incident,
which is hard to do. There has to be a consistent policy that the WSAB can work with and he
now thinks it should be connected to the Tier 1 rate.
65-542
Selectmen’s Meeting – December 21, 2009
Mr. Cohen reiterated that when the Board discussed this issue on November 23 they wanted the
process to be simple and it was suggested that the rate be charged at the lowest tier rate, which is
Tier 1.
Mr. Burnell moved to reconsider the vote of November 23 and received a second.
Mr. Kelley explained that his reasoning for charging at the wholesale cost was to help residents
that find themselves with a very large bill because of an unknown leak and he does not want
them to suffer undo expenses for something not their fault. He asked if there was data available
showing how many leaks come before the WSAB.
Mr. Addelson reviewed the cases of the WSAB since its inception in April 2008. They reviewed
413 applications through November 2009 and approved leak-based adjustments in 46 of those
cases.
Mr. Kelley does not think that is an extraordinary number and asked how many were determined
to be actual leaks and whether the leak was an extraordinary size with a bill in excess of $500.
Mr. Addelson did not tally the average relief per case.
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to reconsider the vote
of November 23, 2009 relating to abatements.
The Selectmen discussed whether to change the vote taken on November 23. Mr. Cohen is
concerned that charging the wholesale rate does not cover all the expenses.
Mr. Manz believes quarterly billing will lessen the abatement problems and that education is
important. The Town needs to get more aggressive with billing; there are still 200 meters that
cannot be read externally.
Mrs. Krieger believes the cost of water needs to include the maintenance costs and investigating
leaks. At a minimum the rate should be at Tier 1.
Mr. Kelley believes it is a fairness question and he wants to help those residents that find
themselves with a water bill that goes outside their historic use.
Mr. Cohen explained that the Selectmen do not necessarily get involved in the Water and Sewer
Abatement Board issues. Catastrophic considerations will be considered by the WSAB and if
the applicant does not like there decision the mechanism is to appeal to the Selectmen.
Mr. Kelley asked that the Board consider providing the WSAB the option to charge at the
wholesale rate in extraordinary circumstances.
65-543
Selectmen’s Meeting – December 21, 2009
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) that the rate at which
the abatement rates are charged would be at Tier 1 and if the Water and Sewer Abatement Board
feels it is necessary to go below the Tier 1 rate, then they can come back to the Selectmen on an
individual basis.
Approve Conservation Restriction – 85 and 87 Hancock Street
In order to have the deeds to the land and houses at 85 and 87 Hancock Street recorded, they had
to agree to all the conservation restrictions imposed by the Conservation Commission, which
they have done.
Upon motion duly made and seconded, it was voted 5-0 to accept and sign the Conservation
Restrictions for 85 and 87 Hancock Street.
Approve Liquor License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the following liquor license
renewals:
Lemon Grass Restaurant
Palio’s Italian Grill
Vinny T’s of Boston
Lexington Post 3007 VFW
Approve Other License Renewals
Upon motion duly made and seconded, it was voted 5-0 to approve the following licenses:
Class I
Lexington Toyota, Inc.
Class II
A to Z Auto Wholesale
Lexington Associates, Inc.
Lexington Auto Sales
Common Carrier
Joseph’s Transportation (5)
Common Victualler
Aloft Lexington
Bruegger’s Bagel Bakery
Dunkin Donuts, 373 Waltham Street
Element Lexington
65-544
Selectmen’s Meeting – December 21, 2009
Common Victualler (concluded)
Lemon Grass Restaurant
Lexington House of Pizza
Mario’s Italian Restaurant
McDonald’s
Minuteman Regional Vocational Technical School District
Nick’s Place
Palio’s Italian Grill
Three Gorges of Lexington
Via Lago
Yangtze River Restaurant
Entertainment
Aloft Lexington
Element Lexington
Palio’s Italian Grill
Teppanyaki Asian Cuisine
Lodging/Innkeeper
Aloft Lexington
Element Lexington
Wild Acre Inn
Upon motion duly made and seconded, it was voted 5-0 to approve the following licenses
pending receiving any outstanding information:
Class II
A to Z Auto Wholesale
Common Victualler
Brewed Awakening Café
Quality Inn & Suites
Starbucks Coffee, 60 Bedford Street
Starbucks Coffee, 1729 Mass. Avenue
Entertainment
Starbucks Coffee, 60 Bedford Street
Lodging/Innkeeper
Quality Inn & Suites
65-545
Selectmen’s Meeting – December 21, 2009
Approve Battle Green Regulations
The Battle Green Regulations were revised to include language regarding use of the Battle Green
on Patriot’s Day. Mr. Manz will suggest additional changes which he will provide for the Policy
Manual Committee to review at its next meeting. Mrs. McKenna, Tourism Committee, stated
that the Battle Green Master Planning Group will be reviewing the regulation and suggesting
additional changes.
Upon motion duly made and seconded, it was voted 5-0 to approve the revised Battle Green
Regulations.
Appointment – Design Advisory Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Brigitte Staines to the Design
Advisory Committee as an Associate Member for a one-year term to expire September 30, 2010.
Consent Agenda
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of November 23,
2009, November 30, 2009, December 1, 2009, December 2, 2009, December 3, 2009 (a.m.),
December 3, 2009 (p.m.) and December 14, 2009 (a.m.).
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of November 23, 2009 and November 30, 2009.
Ratify Poll Vote – Lower of Battle Green Flag
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle
Green Flag on Monday, December 21, 2009, in honor of Police Sargent Edward O’Brien.
Upon motion duly made and seconded, it was voted to adjourn at 8:40 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk