HomeMy WebLinkAbout2010-06-BOS-minSelectmen's Meeting
June 7, 2010
A regular meeting of the Board of Selectmen was held on Monday, June 7, 2010 at 7:30 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen,
Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were
present.
Public Comments
Ms. Blier, Shade Street, is concerned about the noise from the Shire Building and asks the
Selectmen to make sure that the noise mitigation covenant is honored and the noise issue
resolved.
Mr. Manuel, 40 Shade Street, invited the Selectmen to come hear the noise anytime.
Selectmen Concerns and Liaison Reports
The Westboro Baptist Church visited Grace Chapel over the weekend and was met with about 40
Lexington silent protestor residents. Mr. Manz believes the event was handled well.
Mr. Manz, Mr. Cohen and Mr. Burnell attended the Lexington High School graduation.
Mr. Manz announced that Flag Day will be celebrated on Monday, June 14, 2010, at 7:00 p.m.
on the Battle Green. All residents are encouraged to attend.
Liquor Hearing — Bertucci's — Change of Manager
Mr. Fini, the proposed manager for Bertucci's, came before the Selectmen with a request for a
change of manager at Bertucci's. He was asked about Bertucci's recent violation of serving to a
minor and what they are doing to prevent violations. Mr. Fini stated Bertucci's takes the
violations seriously. The wait staff is required to ask for an ID from anyone that looks under 40
years old, they have a serve safe instructor on -site, they are working to pick better candidates for
wait staff positions, they have a manager randomly checking tables for compliance and the
managers will be fired if there is another violation.
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 common victualler liquor license to Bertucci's Restaurant
Corporation d /b /a Bertucci's Brick Oven Ristorante, 1777 Massachusetts Avenue.
Selectmen's Meeting — June 7, 2010
Communications Advisory Committee — RCN License Transfer to ABRY Partners VI, LP
Mr. Buczkowski, member of the Communications Advisory Committee (CAC), stated that the
CAC held an advertised public hearing to hear testimony on ABRY's management experience,
technical expertise, financial capability and legal ability to operate a cable system under the
existing license. The change will be seamless to residents and the existing RCN management
will remain. The CAC recommends that the Selectmen approve the transfer.
Mr. Adler, Village Circle, asked whether underground service would be addressed by this
transfer. Mr. Buczkowski replied that the Town reached an agreement with RCN previously
because of financial issues and that they would not be providing service to underground areas.
The Board was reminded that RCN provides the network to the Town and that they are
extremely helpful to the Town.
Upon motion duly made and seconded, it was voted 5 -0 to approve the transfer of the RCN
Corporation cable license to ABRY Partners VI, LP and to authorize the Chairman to sign the
letter authorizing the transfer.
Hartwell Avenue Transportation Plan Presentation
Mr. Bryant, the Planning Department consultant for the Hartwell Avenue Traffic Mitigation
Plan, presented the findings and recommendations for the Overlay District, which would include
a multi -lane roundabout on Bedford Street at the Route 95 interchange, at the Hartwell Avenue
intersection and at Maguire Road on Hartwell Avenue. The plan on Bedford Street would
include a pedestrian signal at Eldred Street and the road would include 4 lanes for cars, a median,
bike lanes and sidewalks on each side. Hartwell Avenue to the Maguire intersection would also
include 4 lanes for cars, a median, and bike lanes and sidewalks on each side. On Hartwell
Avenue from Maguire Road to the Air Force Base would include 3 lanes for cars and bike lanes
and sidewalks on each side. Traffic calming devices would be installed on Wood Street and at
the intersection of Hartwell and Wood Street turns would be restricted.
The presentation included an overview of the study process, infrastructure plan and funding,
TDM plan and funding, implementation of MassDOT projects, policy plan, outstanding issues
and next steps.
The Budget total for the project is $12.4 million; $11.0 million from the state and $1.4 million
from the Town, which is the amount needed for the design and permit process that the State does
not cover. For the Impact Fee Determination: $1.4 million is the Town's share with an
adjustment factor of 1.5 making the adjusted town share $2.1 million. The potential new floor
space on Hartwell Avenue is 678,834 square feet and the suggested fee is $3,100 per 1000 square
feet of building floor space.
Selectmen's Meeting — June 7, 2010
Implementation involves a Project Need Form; Project Initiation Form; Project Review
Committee Approval; project design, ROW and permitting; and programming.
Policy Plan components include restricting trucks from Wood Street, monitoring Hanscom
realignment plans, coordinating TDM plans between Hanscom and Lincoln Labs, coordinating
with the MBTA, curb cut consolidation, bike path grade separation, and create Transportation
Management Association (TMA).
The goal of a TMA would be to get to businesses on Hartwell with no cars. It would be based on
fees and it is suggested that it follow the 128 C model.
Outstanding issues include: project phasing, Route 128 roundabout design; Drummer Boy Green
condominium access and mandatory TMA membership.
Next steps include having a final public hearing, prepare final report and recommendations,
create the TMA and allocate funds.
The Selectmen were interested in receiving locations of existing multi -lane roundabouts that they
could look at. The speed on the roundabout is expected to be between 5 and 20 miles per hour.
Feedback from the state has been positive. The roundabout at the intersection of Bedford Street
and Hartwell Avenue would require land taking /donation.
Mr. Burnell feels the plan should look to increase the capacity of the roadways because of the
expanding development wanted on Hartwell Avenue.
Mr. Kanter, resident of Drummer Boy, asked how traffic would be handled during the proposed
changes. He also feels that Hanscom should be part of the process.
Mr. Sachs is concerned about cyclists negotiating roundabouts and suggests the use of signage to
use sidewalks.
Mr. Zeliff, Fifer Lane, asked what could be done for people exiting Winter Street onto Bedford
Street.
Mr. Van Hook, member of Bicycle Advisory Committee and Sidewalk Committee, thinks it
would be better for Wood Street to have wider sidestriping for safer bike passage rather than
traffic calming separation.
If the Selectmen have any further input or questions, they are asked to send them to the
Executive Clerk. The Clerk will compile the information and send it to the Planning
Department.
Selectmen's Meeting — June 7, 2010
Lions Club July 4 th Carnival — Approval of Dates /Field Lights and Sunday Entertainment
Mr. Lucente, Lions Club, was present to answer any questions regarding the Lions Club annual
July 4 th Carnival.
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Lions Club
to hold the 2010 annual July 4 th Carnival from Thursday, July 1, 2010, from 6:00 p.m. to 11:00
p.m.; Friday, July 2, 2010, from 3:00 p.m. to 11:00 p.m.; Saturday, July 3, 2010, from 10:00 a.m.
to 11:00 p.m.; Sunday, July 4, 2010, from 1:00 p.m. to 11:00 p.m.; and Monday, July 5, 2010,
from 1:00 p.m. to 7:00 p.m. as presented in the Lions Club letter dated May 17, 2010.
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 Thursday, July 1,
through Monday, 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
Public Entertainment on Sunday for the July 4 th Carnival to be held on Sunday, July 4, 2010.
Accept Tractor Donations for conservation Purposes
The Conservation Commission requested that the Selectmen approve the receipt of a gift from
Ric Fulop of a brand new John Deere 2000 series 2320 with R4 tires along with the following
implements: PTO driven tiller, a rear PTO rotary mower, a mid PTO drive -on mid mount
mower, a brand new unused hydraulic Wallenstein thumb to pick up stones with a 9 -inch
backhoe, a rear weight storage attachment, 60" hydraulic front bucket and hydraulic front pallet
forks. The tractor would be stored at the Public Services Building and available to town staff to
manage and maintain conservation land, especially mowing and reclaiming of meadows.
Upon motion duly made and seconded, it was voted 5 -0 to approve the receipt of a gift from Ric
Fulop, Adams Street, of a John Deere 2000 series 2320 with R4 tires, including implements
associated therewith, to be used for conservation purposes.
Appointments/Resignations
Board of Appeals
Upon motion duly made and seconded, it was voted to appoint David Williams to the Board of
Appeals as a full member to fill the unexpired term of Arthur Smith until September 30, 2010.
Human Services Committee
Upon motion duly made and seconded, it was voted to appoint Gail Fields to the Human
Services Committee for a 3 -year term to expire September 30, 2012.
Selectmen's Meeting — June 7, 2010
Traffic Mitigation Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Aaron Henry, Senior Planner,
to the Traffic Mitigation Group.
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Judith Uhrig
and Laura Cecere from the Traffic Mitigation Group, effective immediately.
Sidewalk Committee
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Sarah
Chamberlain and Olga Guttag from the Sidewalk Committee, effective immediately.
Eagle Letter — Wilson Ho
Upon motion duly made and seconded, it was voted 5 -0 to send a letter of commendation to
Wilson Ho congratulating him on attaining the highest rank of Eagle in Boy Scouting.
Town Manager Reappointments — Council on Aging and Recreation Committee
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
reappointment of Frieda Oliner to the Council on Aging for a term to expire May 31, 2013.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
reappointment of Rick DeAngelis to the Recreation Committee for a term to expire April 30,
2013.
Shake -It for Shelter Request
Ms. Hill, Executive Director of COMPASS for Kids, sent a request to the Selectmen asking that
they consider allowing the Shake -It for Shelter event to remain open until 12:00 midnight. The
Selectmen discussed the request. A majority of the Selectmen feel the liquor service ending at
11:00 p.m. and the music being shutoff at 11:00 p.m. are successful and manageable times for
this event to end to be courteous to the neighbors and because this arrangement has worked very
well the last few years with no problems reported.
Upon motion duly made and seconded, it was voted 4 -1 (Manz opposed) to deny the request to
end the Shake -It for Shelter event at 12:00 midnight.
Sustainable Lexington Action Committee
Mr. Burnell requested that the Selectmen review the draft charge for a Sustainable Lexington
Action Committee and get back to him with suggested changes or comments. He would like the
final charge to be adopted by the Selectmen at its next meeting.
Selectmen's Meeting — June 7, 2010
Mr. Sachs is interested in participating in this new committee but is concerned that their work
will not be made public and the process will not be open.
Mr. Canale, Planning Board, believes the role of the Selectmen is to work on sustainable action
pieces and that the 2020 Vision Committee will continue to look at longer term issues. Mr.
Cohen requested that Mr. Canale review the draft charge and provide comments to the
Selectmen.
Consent Agenda
Water and Sewer Commitments and Adiustments
Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and
sewer adjustment:
Adjustments of water /sewer charges for June 7, 2010 $- 11,579.15
Use of Battle Green — Flag Day
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Lexington
Elks to use the Battle Green on Monday, June 14, 2010, at 7:00 p.m. for the annual Flag Day
ceremonies.
Ratify Poll Vote — Old Res Letter of Support
Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to send a letter of
support for the water quality improvements for vine brook and old reservoir recreation beach.
Ratify Poll Vote — Lower Battle Green Flag on Memorial Day
Upon motion duly made and seconded, it was voted 5 -0 to ratify a poll vote to lower the Battle
Green Flag on Monday, May 31, 2010, for the annual Memorial Day ceremonies.
Sian Resolution — Mass. Historical Commission Lifetime Achievement Award for
Anne Grady
Upon motion duly made and seconded, it was voted 5 -0 to sign a Resolution congratulating Anne
Grady on receiving the Massachusetts Historical Commission Lifetime Achievement Award.
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of May 17, 2010.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of May 17, 2010.
Selectmen's Meeting — June 7, 2010
Approve Tax Bill Insert — Lexpress Schedule
Upon motion duly made and seconded, it was voted 5 -0 to approve inserting the new Lexpress
Schedule in the next tax bill.
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session
to discuss strategy with respect to collective bargaining and to reconvene in Open Session only
to adjourn and further the chairman declared that an open meeting may have a detrimental effect
on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 11:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Meeting
June 21, 2010
A regular meeting of the Board of Selectmen was held on Monday, June 21, 2010 at 7:30 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen,
Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were
present.
Public Comments
The Selectmen recognized Anne Grady for receiving the Massachusetts Historical Commission's
Individual Lifetime Achievement Award by reading a resolution signed by the Board thanking
her for her many contributions on behalf of Lexington's history, architecture and people.
Selectmen Concerns and Liaison Reports
Ms. Mauger announced that the Tree Committee would be dedicating a tree in Tower Park to
Jeanne Krieger on Thursday, June 24, at 3:00 p.m.
Town Manager Report
Mr. Valente recognized Mr. Hadley, Director of Public Works, who introduced Marc Valenti, the
new Superintendent of Highways and Drains.
Grant of Location — Nstar — Massachusetts Avenue
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Nstar Electric
to construct, and a location for, a line of conduits and manholes with the necessary wires and
cables therein to be located under the surface of Massachusetts Avenue westerly approximately
45 feet south of Grant Street thence turning and running southerly a distance of about 100 + feet
of conduit.
Liquor Hearing — Royal India Bistro — New License
Balvinder Gahunia introduced himself as the manager of the new Royal India Bistro and was
available to answer questions. Royal India Bistro supplied all the necessary paperwork for a
liquor license. The hearing was advertised in the Lexington Minuteman on June 3, 2010.
Upon motion duly made and seconded, it was voted to approve the application for a new liquor
license and issue an all alcoholic common victualler liquor license to Kuldip & Son's Inc., d /b /a
Royal India Bistro, 7 Meriam Street.
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Selectmen's Meeting — June 21, 2010
Liquor Hearing — Cancel Vinny T's License
Vinny T's closed its doors in May and has not been operating since then. Chapter 138, Section
77 states the licensing authority may cancel a license if the licensed business is not being
conducted. This hearing was advertised on June 10, 2010 in the Lexington Minuteman and
Vinny T's Restaurant Corporation was notified of the meeting. No one from Vinny T's
Restaurant Corporation showed up for the hearing.
Upon motion duly made and seconded, it was voted 5 -0 to cancel the common victualler all
alcoholic liquor license of Vinny T's Restaurant Corporation, d /b /a Vinny T's of Boston, 20
Waltham Street, effective immediately, for failure to conduct the licensed business.
Liquor Hearing — Dabin Liquor Violation
Police Chief Corr recognized Lt. Ferro, who was in charge of the Alcohol Compliance Checks
done on March 25, 2010. Of the 15 restaurant licensees checked, all but three were found to be
in compliance. Nourish, Bertucci's and Dabin were the three establishments whose wait staff
served a beer to a minor and so were not in compliance. Nourish and Bertucci's were 1St
offenses in a three year period and a letter was sent requesting all wait staff be trained in alcohol
awareness. Lt. Ferro also spoke to Nourish and Bertucci's regarding the non - compliance.
Mr. Manz stated that he was impressed with the steps being taken by Bertucci's to prevent non-
compliance that were previously explained at the June 7, 2010 Selectmen meeting. He also
stated that Nourish has not been as forthcoming.
Dabin was a 2nd offense which requires a hearing. Kyung Shin, Manager and Kyung Shai
attended the meeting and they stated they have spoken to all the employees and put up signs as
reminders to staff to ask for identification prior to serving alcohol.
The Selectmen requested Lt. Ferro visit Dabin to make sure there is a line of communication and
they understand what they need to do regarding alcohol awareness training and compliance.
The Selectmen want to send a clear message that alcohol compliance is very important.
Upon motion duly made and seconded, it was voted 5 -0 to suspend the restaurant liquor license
of Dabin Restaurant for a period of 3 days with 2 days put in abeyance unless there is another
violation within one year, then suspension will be doubled (5 days). Further that the 1 -day liquor
suspension will be served on the same day of the week as the violation occurred (Thursday).
Dabin was told they would need to serve the 1 -day suspension on a Thursday within the next
three weeks and are to let the Selectmen's Office know which day they pick.
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Selectmen's Meeting — June 21, 2010
Home Funds
In order to continue to participate in the HOME Investment Partnerships Program, the Mutual
Cooperation Agreement must be endorsed by the Selectmen. The Town has participated in the
HOME program via the West Metro HOME Consortium since 2004. The Mutual Cooperation
Agreement was reviewed by Town Counsel and special counsel for the HOME program, Daniel
Hill. Being a member of this program permits the Town to spend approximately $50,000 per
year on the development of affordable housing and related expenses.
Upon motion duly made and seconded, it was voted 4 -0 -1 (Burnell abstained) to endorse the
document entitled "Mutual Cooperation Agreement to Continue a Consortium under the Home
Investment Partnerships Program" in order to continue the Town's participation in this
affordable housing program.
Approve Red Flag Policy
Mr. Addelson, Comptroller, presented the proposed Red Flag Policy and Identify Theft
Prevention Program. To combat the growing problem of identify theft, the Federal Trade
Commission has issued new "Red Flag" rules that apply to all municipalities that have utility
accounts such as water, sewer or electricity. The new rules require municipalities to implement
written programs which provide for detection of and response to specific activities that could be
related to identify theft. The finance department will administer the new rules.
Upon motion duly made and seconded, it was voted 5 -0 to approve the presented Red Flag
Policy and Identify Theft Prevention Program.
Year -End Adjustments for FY2010
Mr. Addelson, Comptroller, reviewed with the Selectmen some year -end transfers that will be
needed. There are three sources of funding for any necessary transfers: 3% transfer rule,
Appropriation Committee's Reserve Fund, and Salary Transfer Account.
The proposed year -end transfers are: snow and ice related expenses - $155,092 from the Reserve
Fund; Police overtime and contractual settlements - $10,000 from Salary Transfer; Fire
contractual settlements - $315,000 from Salary Transfer; Fire apparatus repairs - $60,000 from
Reserve Fund ; Fire simulcast transmitter - $65,000 from 3% rule (employee benefits); Town
Manager Office Personal Services vacation buybacks - $3,000 from Salary Transfer Account;
Finance Personal Services vacation buybacks /salary increases - $10,000 from Salary Transfer
Account.
The Finance Department is also continuing to review the Town Manager's Office Expenses and
Workers Compensation accounts for any necessary year -end transfers that may be needed.
The Appropriations Committee will consider any Reserve Fund request at its meeting on June
30, 2010. Final adjustments will be presented to the Selectmen on July 12, 2010.
66 -93
Selectmen's Meeting — June 21, 2010
Approve Bond Anticipation Notes
Upon motion duly made and seconded, it was voted 5 -0 to approve the sale of a $1,246,104 1.25
percent General Obligation Bond Anticipation Note (the "Note ") of the Town dated June 25,
2010, and payable February 25, 2011, to Eastern Bank at par and accrued interest plus a
premium of $5,034.26. Further 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, 2010, and a final Official Statement dated June 16, 2010, each in such form as may be
approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further that the consent to the financial advisor bidding for the Note, as executed prior to the
bidding for the Note, is hereby confirmed. Further 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
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. Further that each member of the Board of
Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any
and all such actions, and execute and deliver such certificates, receipts or other documents as
may be determined by them, or any of them, to be necessary or convenient to carry into effect the
provisions of the foregoing votes.
DPW Project Update
Mr. Hadley, Director of Public Works, presented the DPW Project Update of completed capital
projects, current capital projects and maintenance projects. For this construction season there are
34 capital projects to be done totaling almost $10 million.
Housing Partnership/LexHAB Presentation on Housing Ownership
Mr. Bicknell, Chair of the Housing Partnership Board, Mr. Hays, Chair of LexHAB, and Ms.
Sunnarborg, Housing Consultant, requested that the Selectmen consider expanding affordable
housing opportunities to include home ownership.
Mr. Kelley is concerned that ownership will add a complexity to the current process LexHAB
uses for renting. He suggests looking at other ways to help with ownership opportunities.
Mr. Burnell thinks the town should not try to buy property but look into guaranteeing loans to get
people into houses and more work needs to be done to find the best path to move forward with
an ownership program.
Mr. Cohen reminded everyone that one of the questions that will be on the November ballot is to
do away with the Chapter 40B law and that nothing should be done on ownership opportunities
until we know the results of the vote.
.. A
Selectmen's Meeting — June 21, 2010
The Selectmen all agreed they are not ready to make any decisions and that ownership
opportunities need much more discussion.
Appointments — Busa Land Use Proposal Committee
The Selectmen put together a list of 33 names of people who showed interest or the Selectmen
were interested in for the Busa Land Use Proposal Committee. A letter was sent to all of them
asking that they return an application if they were interested in serving on the committee.
Twenty -four on the list returned the application. The criterion for membership was to look for
neutrality, past record, background and broad experience; and to stay away from special
interests. Each Selectman was asked to pick up to seven members that they felt would be
appropriate for the committee. The names of those who received the most votes are the
applicants being suggested for appointment. The Selectmen was very pleased with the 24
wonderful candidates that applied and hope to get some of them on other committees.
Ms. Kern, 72 Lowell Street and Lexington Farming Coalition, was pleased with the quality of
names and hopes the Selectmen will encourage public input and produce an RFP in a timely
fashion.
The Selectmen explained that the committee will not be doing an RFP, but that their charge asks
them to explore all avenues for use of the property and then report to the Selectmen. They
expect the committee to reach out to all interested parties for comments and to include the Town
of Arlington.
Upon motion duly made and seconded, it was voted 5 -0 to appoint William Dailey, Ric Fulop,
David Horton, Virginia Johnson, Pamela Shadley, Deborah Strod and Albert Zabin to the Busa
Land Use Proposal Committee.
Approve Sustainable Lexington Committee Charge
Mr. Burnell asked the Selectmen to approve the proposed Sustainable Lexington Committee
charge. The committee will advise the Selectmen on proposals which affect Lexington's
sustainability and resilience and will recommend, develop and monitor programs designed to
enhance Lexington's long -term sustainability and resilience in response to environmental,
resource and energy challenges.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Sustainable Lexington
Committee charge and to designate all members of the committee as special municipal
employees.
66 -95
Selectmen's Meeting — June 21, 2010
Leary Property Discussion
Ms. Mauger and Mr. Burnell attended a meeting with representatives from LexHAB, Planning,
Historical Commission and Housing Partnership to discuss how to move forward with
community housing on the Leary parcel. The group recommends:
1. that the Selectmen appoint a task force whose charge is to recommend to the
Selectmen a plan for developing community housing on the Leary parcel;
2. the plan should address density (number and size of units) and whether the existing
historical structure can be restored; and
3. include on the task force representatives from: Selectmen, LexHAB, Housing
Partnership, Historical Commission, Planning Board, Housing Authority and
Community Preservation Committee.
Upon motion duly made and seconded, it was voted 5 -0 to direct town staff to prepare a formal
charge for the Leary property community housing task force.
Common Victualler and Entertainment License for Ruyi Restaurant
Ruyi Restaurant has taken over the operation of Teppanyaki Restaurant at 27 Waltham Street.
At the Selectmen's meeting on July 12, a request will be made to approve the liquor license
transfer.
Upon motion duly made and seconded, it was voted 5 -0 to approve and sign a Common
Victualler License and Entertainment License for Ruyi Restaurant, 27 Waltham Street.
Omni's Crushed Grapes & More — Approve Assistant Manager
Upon motion duly made and seconded, it was voted 5 -0 to approve Doris Hamner as an Assistant
Manager selling liquor at the Omni's Crushed Grapes & More located at 411 Waltham Street.
Approve Class II License — Minuteman Tech Automotive, LLC
Mr. Ray has a current Class II license using his home address. He is now requesting to change
the location of his business to 401 Lowell Street so that he will have a couple of parking spaces
for vehicles that he buys and sells. He has been before the Board of Appeals for approval of a
special permit for permitted use for motor vehicle sales, which was approved.
Upon motion duly made and seconded, it was voted 4 -1 (Burnell opposed) to approve the
application and issue a Class II license to Minutemen Tech Automotive LLC, 401 Lowell Street,
contingent on the conditions of the Board of Appeals approval on 6/10/10 being followed and
pending the appeals process.
Selectmen's Meeting — June 21, 2010
Approve Grant Agreement — Munroe Tavern
Mr. Valente presented the proposed CPA Grant Agreement for the Munroe Tavern Restoration,
which follows the same format as the Town's previous CPA Grant Agreements.
Ms. McKenna, Tourism Committee, hopes the work will include handicap accessibility that
allows easy access to the Liberty Ride bus. She is also looking into how the poor condition of
Tavern Lane can be improved because of the many people that walk from Munroe Tavern to the
National Heritage Museum.
Upon motion duly made and seconded, it was voted 4 -1 (Kelley opposed) to approve and sign
the CPA Grant Agreement between the Town of Lexington and Lexington Historical Society for
the restoration of the Munroe Tavern.
Keno To Go Request — Vij's Convenience, Bedford Street
The Selectmen received a letter from the Massachusetts State Lottery Commission that they are
offering Keno To Go to non - pouring agents. If the Selectmen object to Vij's Convenience
selling Keno To Go, they are asked to send a letter within 21 days. This request does not apply
to monitors, only selling the Keno To Go tickets.
Mr. Kelley and Mr. Burnell oppose all lottery ticket sales, including Keno To Go.
Upon motion duly made and seconded, it was voted 3 -2 (Kelley and Burnell opposed) to approve
the Chairman signing and sending a letter to the Massachusetts State Lottery Commission
regarding Keno To Go being sold at Vij's Convenience as long as no monitor is allowed.
Appointments/Reappointments
Permanent Building Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Frank Kern and Richard
Brown to the Permanent Building Committee as the Selectmen's representatives for the White
House Historic Structures Report project.
Policy Manual Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Jeanne Krieger to the Policy
Manual Committee.
Keeper of the Lockup
Upon motion duly made and seconded, it was voted 5 -0 to reappoint Mark Corr as the Keeper of
the Lockup for a one year term to expire June 30, 2011.
Executive Clerk
Upon motion duly made and seconded, it was voted 5 -0 to reappoint Lynne Pease as the
Executive Clerk for a one year term to expire June 30, 2011.
66 -97
Selectmen's Meeting — June 21, 2010
Accept Trustees of Public Trusts New Funds
Paul A Serben Scholarshib Fund
Upon motion duly made and seconded, it was voted 5 -0 to accept the terms of the Paul A. Serben
Scholarship Fund.
Lexington Symphony/Public Trusts Centennial Endowment Fund
Upon motion duly made and seconded, it was voted 5 -0 to accept the terms of the Lexington
Symphony/Public Trusts Centennial Endowment Fund.
Approve Employee Health Insurance Coalition
Mr. Valente explained that the Coalition has been negotiating with the Town for 18 months.
This Employee Health Insurance Coalition Agreement is for FY2011 to FY2012 and covers all
employees, retirees and surviving spouses and required 70 percent of the unions to approve. The
Agreement will take effect on July 1, 2010. The Agreement includes changes in health insurance
plan design and contribution rates and will save the Town approximately $1.3 million in health
benefit costs over the next two years. Also the Town's contribution for most health insurance
plans will decrease from 85 percent to 80 %. Copayments for emergency room visits, office
visits and prescriptions will increase for all health insurance plans. A copayment for in- hospital
care has also been added.
The Agreement includes giving a portion of the savings to employees. A Town Meeting vote
will be required to transfer the necessary funds from the health insurance budget to wage and
salary accounts.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Coalition Agreement
between the Town and the Public Employee Committee regarding health insurance benefits and
contribution rates for fiscal years 2011 and 2012.
Upon motion duly made and seconded, it was voted 5 -0 to approve a $500 annual increase in
base pay, effective 7/1/10, for non - represented employees.
Consent Agenda
Water and Sewer Commitments and Adjustments
Upon motion duly made and seconded, it was voted 5 -0 to approve the following water and
sewer commitments and adjustments:
Commitment of Water /Sewer Charges for multiple months (Cycle 9) $1,169,498.23
Commitment of Water /Sewer charges for multiple months (Finals) $54,046.51
Commitment of Water /Sewer charges for Town -wide Billings (Sections 1 -3) $5,383,385.01
Adjustments of Water /Sewer charges for December 14, 2009 $108,754.47
Selectmen's Meeting — June 21, 2010
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of June 7, 2010.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of June 7, 2010.
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session
to discuss strategy with respect to litigation and to consider the purchase, exchange, lease or
value of real property and to reconvene in Open Session only to adjourn and further the chairman
declared that an open meeting may have a detrimental effect on the litigating and negotiating
positions of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Goal Setting Meeting
June 29, 2010
A meeting of the Board of Selectmen was held on Tuesday, June 29, 2010 at 8:00 a.m. in 2" d
Floor Conference Room at the Public Services Building, 201 Bedford Street. Chairman Manz,
Mr. Kelley, Mr. Cohen; Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager; Ms.
McLaughlin, Assistant to the Town Manager; and Ms. Pease, Executive Clerk, were present.
Review Status of FY2010 -2011 Goals
Mr. Valente reviewed and highlighted some of the important goals accomplished from the
FY2010 -2011 Goal Setting, including:
1. the Fiscal Task Force report and changing the budget process;
2. new local option taxes;
3. CPA capital funding; and
4. FY2011 expenditures -total compensation.
Transportation Planning was a goal that was not completed and has been brought up as an issue
by several committees and departments. The issue needs to be discussed this year and a plan
needs to be sustainable.
Proposed Goals
The Board discussed the following goals:
1. CPA Policies
2. FY2012 Budget Planning
3. Capital Planning
4. Munroe School
5. Legislation
6. Hartwell Compost Facility
7. Board Operations
8. Human Services
9. Transportation
10. DPW Operations
11. Employee Compensation
12. Regionalization
13. Civil Service
14. Economic Development
See attached list of goals and Selectmen suggestions.
66 -100
Goal Setting — June 29, 2010
Future Selectmen Meeting Agenda Items
1. CPA policies as a prelude to a wider discussion at a Financial Summit.
2. Services which could be cut for worst case.
3. Munroe School — develop options and how to sell to community
4. November referendum questions — educating public and taking positions
5. Cost of storage of documents made necessary by the new Open Meeting Law.
Summits Needed
1. Budget Summit to discuss:
a. CPA funds use
b. Stabilization fund use
c. Identification of economic opportunity
d. Handling of the impact of realization of economic opportunity:
i. Hartwell Avenue
ii. Hayden Avenue /Spring Street
iii. Other areas /neighbors
Policy Needed
1. Green New Construction
Other Ideas
1. Town - sponsored business roundtables monthly.
2. Increased liaison with Air Force and other nearby businesses.
3. Explore level services budget rather than level funding.
4. Meeting with LexHAB and Housing Partnership about difference of opinion over
type of housing offering.
5. Tour of Hartwell Facility for Selectmen.
6. Rules about document submission and packet assembly.
7. Revival of Lexington Selects.
Budget Discussion Focus
1. Level services rather than level funded as a first pass.
2. Appropriate use of stabilization funds and other reserves.
3. Develop fund recharge policies.
4. Decide on appropriate split between capital and operating budgets.
5. Exploration of alternatives to overrides.
66 -101
Goal Setting — June 29, 2010
Legislation — Sustaining Community Preservation
Upon motion duly made and seconded, it was voted 5 -0 to support Senate Bill 90, An Act to
Sustain Community Preservation, and to send a letter stating so to Lexington's legislative
representatives.
Proclamation and Lower Battle Green Flag in Memory of Larry Whipple
Upon motion duly made and seconded, it was voted 5 -0 to lower the Battle Green Flag on
Thursday, July 1, 2010, in honor of Larry Whipple who passed away.
Upon motion duly made and seconded, it was vote 5 -0 to approve the wording of a proclamation
for Larry Whipple.
Upon motion duly made and seconded, it was voted to adjourn at 12:15 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk