HomeMy WebLinkAbout2008-08-BOS-minSelectmen's Meeting
August 11, 2008
A regular meeting of the Board of Selectmen was held on Monday, August 11, 2008 at 7:30 p.m.
in the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Ms. Krieger, Mr.
Kelley, Mr. Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the
Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mrs. Krieger reported that a number of bills have passed in the State Legislature which are
significant to Lexington. One in particular, the transfer of Lot 1, means that 46 acres of prime
land would be preserved and not built upon.
Mr. Cohen commended Representative Kaufman and the rest of our delegation for getting three
of our Home Rule petitions passed.
Town Manager Report
Mr. Valente reported that one of our Home Rule petitions, regarding property tax deferral, was
passed and signed by the Governor. He also updated the Board on the down town sidewalk
project; reported that the Town received a grant from the MBTA for LexPress; and stated that the
Tourism Committee was able to get the term "Liberty Ride" trademarked. He also reported that
the new management intern, Gavin Bates, has started working in the Town Manager's office.
Accept the Scott Davidson Scholarship Fund
Mrs. Davidson described the significance of the scholarship in perpetuating her husband Scott's
memory in Lexington. She said that her daughter, Samantha, would be presenting this award
each year to honor her Dad. The Board thanked Mrs. Davidson and Samantha Davidson.
Upon motion duly made and seconded, it was voted 5 -0 to accept the terms of the Scott
Davidson Scholarship Fund to be managed by the Trustees of Public Trusts.
Grant of Location
Verizon — Install Conduit on Centre Street
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Verizon New
England, Inc. 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 Centre Street, Northeasterly at Pole
91/7, a distance of 35 feet (+ / -).
Verizon — Place New Pole on Centre Street
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of Verizon New
England, Inc. to place a new Pole Number 91/7 on Centre Street about 55 feet ( + / -) Northeasterly
of existing Pole Number 91/6.
Selectmen's Meeting — August 11, 2008
NSTAR — Install Conduit on Somerset Road
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 at Somerset Road, Northerly at Pole 97/13 approximately 40 feet
Southwest of Franklin Road a distance of about 43 feet ( + / -).
National Grid — Extend Gas Main on Waltham Street
Mr. Manz noted that the gas main would also supply Clarke Middle School.
Upon motion duly made and seconded, it was voted 5 -0 to approve the petition of National Grid
to install and maintain approximately 1,600 feet of 4 inch gas main in Waltham Street, Brookside
Avenue, and Stedman Street, from the existing 4 inch gas main in Waltham Street Easterly to
house Number 17.
New All Alcohol Liquor License — Margaritas, 440 Bedford Street
Kenneth Cox, the proposed manager, presented the application for a new restaurant liquor
license. Mr. Cohen stated that the restaurant may stay open until midnight, not 1:00 a.m., as
provided in the decision of the Board of Appeals. Mr. Cox had no objection to the change in
hours of operation.
Upon motion duly made and seconded, it was voted 5 -0 to approve the application and issue an
all alcoholic common victualler liquor license to Lexington Mexican Restaurant Group, Inc.
d /b /a Tio Juan's Margaritas Restaurant — 440 Bedford Street.
Comcast Cable License Amendment — Communications Advisory Committee
Mr. Becker presented the request for an amendment to the cable license agreement with
Comcast. He described the process for implementing the proposed amendment.
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the
Communications Advisory Committee to begin the contract amendment process.
Approve Supportive Day Care Fees
Charlotte Rodgers, Social Services Department, reported the recommendations of the Council on
Aging Board regarding the fees of the Adult Supportive Day Care Program. The COA Board
recommended no change in fees for the program for at least six months while staff and the Board
evaluates this program. Further, they recommended that the program operate four days per
week, as it had until 2007, when it moved to a five day per week program.
Upon motion duly made and seconded, it was voted 5 -0 to adopt the Council on Aging Board's
recommendation to operate the Supportive Day Care program four days per week.
Selectmen's Meeting — August 11, 2008
Approve Water /Sewer Abatement Board Policies and Procedures
Mr. Addelson, Assistant Town Manger for Finance, and Mr. Wood, Chair, Water /Sewer
Abatement Board asked the Board to approve the policies and procedures regarding abatement
applications as adopted by the WSAB on August 7, 2008.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Water /Sewer Abatement
Board policies and procedures dated August 7, 2008.
Tree Bylaw Fee Procedure
Based on action on a Town Meeting citizen's petition, the Selectmen established a fee for the
Tree Removal Bylaw. Mr. Pinsonneault, Superintendent of Public Grounds, and Mr. Rhodes,
Building Commissioner, presented the process for how this fee will be implemented. Mr.
Rhodes noted that one change to the regulation would be that some fees might be refundable
after being reviewed on a case -by -case basis.
In response to questions from the Board, Mr. Pinsonneault clarified the definition of the terms
"protected tree ", "set back area" and "caliper." Mr. Rhodes confirmed that the revenue from the
fees collected would be tracked. He also explained the reasoning behind removing the rule that
fees are non - refundable from the regulation.
Building Use Working Group
At the Capital Summit on July 29, staff was asked to participate with a working group of
representatives from the Selectmen, School Committee, Appropriation Committee, and Capital
Expenditures Committee to prepare a basic matrix comparing space needs for certain programs
with available space. Mr. Valente presented for the Board's review the manner in which the
group would compile this information.
Recruitment for Police Chief
Mr. Valente reviewed the civil service options for appointing a new Police Chief. Along with
Chief Casey, he made the recommendation to use the Departmental Promotional Process and
evaluate candidates using the Assessment Center approach.
The consensus of the Board was to go ahead with this process as recommended. Mr. Cohen
suggested that the Town think about whether we should continue with civil service for the Police
Chief s position in the future.
Selectmen's Meeting — August 11, 2008
Sign Warrant for State Primary
Upon motion duly made and seconded, it was voted 5 -0 to sign the Warrant for the Sate Primary
on September 16, 2008.
Discuss Double Pole Letter
Mr. Manz commented that the time limits given for removing poles might not be reasonable;
however, the database should be in order. Mr. Burnell supported the letter but suggested going
beyond it to find a way to work with the various parties to accomplish what we want to achieve.
Upon motion duly made and seconded, it was voted 5 -0 to sign a letter to the Department of
Telecommunications and Cable regarding continued non - compliance by pole owners.
Appointment — Historic Districts Commission
Upon motion duly made and seconded, it was voted 5 -0 to appoint Scott Kyle to the Historic
Districts Commission as an associate member representing the Historical Society for a 5 -year
term to expire December 31, 2012.
Lodging / Innkeeper License — Aloft and Element
Upon motion duly made and seconded, it was voted 5 -0 to approve and issue an Innkeeper
License to Westin Hotel Management, LP d /b /a Element Lexington, 727 Marrett Road.
Upon motion duly made and seconded, it was voted 5 -0 to approve and issue an Innkeeper
License to Aloft Hotel Management, Inc. d /b /a Aloft Lexington, 727 Marrett Road.
Town Manager Appointments — Council on Aging and Youth Commission
Council on Aging
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
reappointment of Elizabeth Borghesani to the Council on Aging Board for a term to expire on
May 31, 2011.
Youth Commission
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
appointment of Charles Litchfield to the Youth Commission to fill an unexpired term ending on
April 30, 2009. The appointment is subject to a CORI check.
Selectmen's Meeting - August 11, 2008
Future Meetings
The Selectmen scheduled the following meetings:
September 15, 2008
October 1, 2008 — Summit
October 6, 2008
October 20, 2008
November 3, 2008
November 10, 2008
November 17, 2008
November 24, 2008
Consent Agenda
Town Manager Vacation Time Approval
Upon motion duly made and seconded, it was voted 5 — 0 to approve the Town Manager's
request to take vacation time for the period of August 25 -29, 2008.
Use of Battle Green — Change of Command — Lexington Minute Men
Upon motion duly made and seconded, it was voted 5 — 0 to approve the Lexington Minute
Men's request to use the Battle Green for a Change of Command Ceremony on Saturday,
September 27, 2008, from 12:00 noon to 3:00 p.m., including the firing of muskets.
Ratify Poll Vote — Approval to Send Letter Regarding Lot 1
Upon motion duly made and seconded, it was voted 5 — 0 to ratify a poll vote to send a letter to
Governor Patrick supporting HB 4202, a bill to transfer Lot 1 of Middlesex County Hospital
Land in Lexington, from the Division of Capital Asset and Management to the Department of
Conservation and Recreation.
Ratify Poll Vote — Appoint Laura Derby as Honorary Member of LexHAB
Upon motion duly made and seconded, it was voted 5 — 0 to ratify a poll vote to appoint Laura
Derby as an Honorary Member of the Lexington Housing Assistance Board (LexHAB).
Proclamation — Constitution Week
Upon motion duly made and seconded, it was voted 5 — 0 to sign the Proclamation proclaiming
the week of September 17 through 23 as Constitution Week.
Street Acceptance Schedule
Upon motion duly made and seconded, it was voted 5 — 0 to approve the time sequence for FYI
Street Acceptance.
Franklin School Support Letter
Upon motion duly made and seconded, it was voted 5 -0 to sign and send a letter of support for
the Franklin School State Historic Credit Application.
Selectmen's Meeting - August 11, 2008
Pine Meadows Memorial for Chisholm
Upon motion duly made and seconded, it was voted 5 — 0 to approve the request to place a
memorial plaque for Don Chisholm at the Pine Meadows Golf Club.
Minutes
Upon motion duly made and seconded, it was voted 5 — 0 to approve the minutes of June 30,
2008, July 8, 2008, July 14, 2008 and July 29, 2008
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 — 0 to approve the executive session
minutes of June 30, 2008 and July 14, 2008.
Center 1 Baseball Field Light
Upon motion duly made and seconded, it was voted 5 — 0 to approve the request that the "Lights
Out" time for the Center 1 Baseball field be changed from 10:30 p.m. to 11:00 p.m.
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 by roll call vote to go into executive
session for the purpose of discussing a litigation issue and negotiating a land use question, with
no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:10 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk