HomeMy WebLinkAbout2007-05-BOS-min
Selectmen’s Meeting
May 2, 2007
A meeting of the Board of Selectmen was held on Wednesday, May 2, 2007, at 6:30 p.m. in
the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Burnell;
Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Valente has been asked to participate at a Stand for Children event to discuss the School
override and DPW debt exclusion that will be held at the Clarke Middle School on May 23.
The Selectmen all agreed it was a good idea.
Article Positions
The Selectman took positions on the following articles and all support:
Article 31, Appropriate for Municpal Capital Projects and Equipment
a) Lincoln Field Methane Gas Mitigation
k) Munroe Center Fire Alarms
Article 40, Appropriate for Stabilization Fund
Article 41, Appropriate for Prior Years’ Unpaid Bills
Article 42, Amend FY2007 Operating Budget
Article 43a, Appropriate for Authorized Capital Improvements for Cary Vault
Article 44, Use of Funds to Reduce the Tax Rate
Mr. Kelley has some concerns regarding the proposed plan for the Lincoln Field Methane
Gas Mitigation. He would like to have the project done in phases to possibly save money.
Mr. Valente offered to have the consultant come in to discuss whether DEP would accept the
work being done in phases.
Mr. Burnell requested a report of all open capital articles that the Selectmen received prior to
his election. Mr. Valente will provide the report to Mr. Burnell.
Mr. Kelley is waiting to hear a presentation regarding Article 34, Appropriate for School
Capital Projects and Equipment. All other Selectmen support the article.
Consent Agenda
Minutes
Upon motion duly made and seconded, it was voted 4-0 to approve the minutes of March 12,
2007, March 15, 2007 (Summit), March 19, 2007, March 21, 2007, March 26, 2007, March
28, 2007, April 4, 2007, April 4, 2007 (Summit), April 9, 2007, April 10, 2007 (Summit),
April 11, 2007 and April 12, 2007 (Summit).
Selectmen’s Meeting – May 2, 2007
Executive Session Minutes
Upon motion duly made and seconded, it was voted 4-0 to approve the executive session
minutes of March 12, 2007, March 19, 2007, March 21, 2007, April 9, 2007, April 10, 2007,
April 11, 2007 and April 12, 2007.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 4-0 to go into executive
session for the purpose of contract negotiations, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 7:10 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
May 14, 2007
A regular meeting of the Board of Selectmen was held on Monday, May 14, 2007 at 7:30
p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr.
Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive
Clerk, were present.
Reorganization of the Board
Ms. Chabot opened the meeting. The first order of business was the election of a
Chairman. Mr. Cohen nominated Mrs. Krieger and there were no further
nominations.
Upon motion duly made and seconded, it was voted 5-0 to appoint Mrs. Krieger as
Chairman of the Board of Selectmen.
Public Comment
Mrs. McKenna of the Tourism Committee is offering tours of the DPW facility and invites
the public to come.
Selectmen Concerns and Liaison Reports
Mr. Cohen wants to call attention to the article in the May 10 edition of the Lexington
Minuteman about a young man who goes to Lexington High and whose parents are in
Mexico. They are looking for someone to trade houses for the upcoming school year. Mr.
Cohen hopes that someone in the community can help.
Mr. Burnell has been looking for someone to take his place on the LexMedia Board and
recommends Barry Orenstein. Upon motion duly made and seconded, it was voted 5-0 to
recommend Barry Orenstein to the LexMedia Board of Directors.
Mr. Manz commended Craig Weeks on his hard work and extremely dedicated service to the
Sidewalk Committee, as the Board is asked to accept his resignation.
Package Store Regulation Change
At a previous meeting, the Board discussed changing the percentage of sales required to
come from alcoholic beverages to 50% in Item 6 of the Alcoholic Beverage License
Regulation Applicable to Package Stores.
Upon motion duly made and seconded, it was voted 4-1 (Burnell opposed) to approve the
proposed change to the Alcoholic Beverage License Regulations Applicable to Package
Stores.
Selectmen’s Meeting – May 14, 2007
New Package Store License – Omni from Wine to Cheese – 411 Waltham Street
Mr. Grant, attorney for J&T Enterprises of Massachusetts, Inc. d/b/a Omni from Wine to
Cheese, presented the request for a new package store all alcoholic liquor license. Mr. Der
Avedisian, General Manager of the company, Mr. Dowling, store manager, and Mr. Potter,
the property owner, were present. Mr. Cohen asked the applicants to make sure that trash
does not affect the homes in that neighborhood. Mr. Der Avedisian said that much of the
waste, such as cardboard boxes, would be hauled to their Weston location for recycling.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a new
package store all alcoholic liquor license to J&T Enterprises of Massachusetts, Inc., d/b/a
Omni from Wine to Cheese, 411 Waltham Street, subject to completion of a CORI check.
Battle Green Inn Update
Mr. Farrington, representing Lexington Commons LLC, the mixed-use retail and residential
condominium building on the site of the Battle Green Inn, asked to meet with the Board to
make them aware of the expected timeline and construction schedule for the project. Mr.
Farrington also asked the Board to review and approve several items in connection with the
project. Mr. Papantonas, President, and Mr. Nunez, Senior Project Manager, Nauset
Construction; and Erik Rhodin, Line Company Architects, presented the Construction
Management Plan. The project will be constructed in four phases over a 16-month period to
start in mid-June as follows: 1) demolition of the existing Battle Green Inn; 2) installation of
concrete foundation; 3) steel and wood framing; and 4) interior construction. The
Construction Management Plan explains in detail the sequencing of the project and site
logistics as well as addressing public safety, environmental issues such as noise and dust
control, traffic mitigation, and storm water management. Mr. Farrington said that the
Construction Management Plan has been reviewed by the DPW, Police, Fire, and Planning
Departments, as well as the Lexington Center Committee.
Lexington Commons LLC asked for the Board’s approval on the following items:
1. Exemption from the Town Noise By-Law during the demolition and construction
period, along with permission to relocate the sidewalks along Massachusetts Avenue
and Waltham Street.
The Board stated that a public hearing must be held to consider the request for an exemption
from the Town Noise By-Law.
Upon motion duly made and seconded, it was voted 5-0 to approve the request for permission
to relocate the sidewalks along Massachusetts Avenue and Waltham Street during the
demolition and construction period.
Selectmen’s Meeting – May 14, 2007
2. The design of the building results in several areas where architectural features of the
building extend into and over the Town owned sidewalk area. Lexington Commons
LLC will need sidewalk use permits for these and several other similar building
related items.
The Board will have the Lexington Engineering Department review the building design
before they can approve the requested sidewalk use permits.
3. Approve the proposed location for a “loading area” (designated as two or three
parking spaces along Waltham Street) available for use during designated times of
each day.
The Board will wait to review this request at a future meeting.
4. Approve the location of proposed trees on Waltham Street.
The Board will wait to review this request at a future meeting.
5. Among the mitigation measures, which are a part of Town Meeting approval for this
project, is a requirement that Lexington Commons LLC contribute $100,000 to the
Lexington Center Improvement Trust or another similar entity to be set up by the
Board. Lexington Commons wants to postpone the timing of this contribution to a
point where condominium units are being sold.
The Board will consider how it will set up the Trust.
The Board supported the Lexington Center Committee’s recommendation to post a picture or
rendering of the finished building on the fence during construction, and to keep the public
informed of the progress of the project. Mrs. Krieger suggested that Nauset Construction
establish an email list or website, and to pursue signage with the HDC in order to keep the
public informed.
International Coalition for Local Environmental Initiatives – Resolution for Membership
Upon motion duly made and seconded, it was voted 5-0 to sign the resolution requesting
membership in ICLEI Cities for Climate Protection, and approve the yearly membership fee
of $600.
Appointments / Resignations
Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Craig
Weeks from the Sidewalk Committee, effective immediately.
Selectmen’s Meeting – May 14, 2007
Upon motion duly made and seconded, it was voted 5-0 to appoint Zoe Perry-Wood to the
Lexington Council for the Arts for a term to expire September 30, 2008 to fill the unexpired
term of Joan Reddy.
Upon motion duly made and seconded, it was voted 5-0 to reappoint Mary Gillespie, Henry
Murphy and Charles Price to the Town Celebrations Committee for a three-year term to
expire June 30, 2010.
Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Campbell, Gresh
Lattimore, Julie Miller, William Mix, John Rossi, and James Shaw to the Town Celebrations
Subcommittee for a one-year term to expire June 30, 2008.
Upon motion duly made and seconded, it was voted 5-0 to appoint Jeanne Krieger to the
Technical Advisory Committee to revise the Cluster Bylaw.
Town Counsel Reappointment
Upon motion duly made and seconded, it was voted 5-0 to appoint Anderson and Kreiger
represented by William L. Lahey as Town Counsel for Lexington for a term to expire March
31, 2008.
Town Manager Reappointments
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Stewart Kennedy to the Conservation Commission, Nancy Barter to the
Youth Commission, and Paul Lapointe to the Council on Aging.
Future Meetings
The Board discussed future meetings.
Consent Agenda
Proclamation – DPW Week
Upon motion duly made and seconded, it was voted 5-0 to sign a proclamation declaring the
week of May 20 to 26, 2007 as National Public Works Week in the Town of Lexington and
call upon the citizens to join us in recognizing the employees of the Lexington Public Works
Department.
Proclamation – Resolution for Sewer Rate Relief Fund
Upon motion duly made and seconded, it was voted 5-0 to sign a resolution requesting that
the Governor and Legislature at a minimum restore the 40% cut to the Commonwealth Sewer
Rate Relief Fund providing at least $25 million to offset water and sewer rates in FY08.
Selectmen’s Meeting –May 14, 2007
Approval of Acting Town Manager
Upon motion duly made and seconded, it was voted 5-0 to designate Ms. Vine as Acting
Town Manager whenever Mr. Valente is out of state, on vacation, or on Town business. If
Ms. Vine is also unavailable on the same days that Mr. Valente is, Mr. Addelson is
designated as Acting Town Manager.
Speed Zones – Lexington Center
Upon motion duly made and seconded, it was voted 5-0 to sign the Special Speed Regulation
#158-C to extend the existing 25 mph speed zones, 675 feet on Massachusetts Avenue and on
Bedford Street, and 375 feet on Waltham Street, to include what now constitutes the Central
Business District.
Use of Battle Green – Memorial Day Ceremony
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Lexington Center Committee for permission to use the Battle Green on Monday, May 28,
2007, at 10 a.m. for the annual Memorial Day ceremony.
Lexington Minute Men – Old Burial Ground Volley
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Lexington Minute Men Company for permission to use the Old Burial Ground on Monday,
May 28, 2007, immediately following the Memorial Day ceremony, to lay a wreath and fire a
volley or two in honor of the heroes of April 19, 1775.
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of April 18,
April 23, April 25, April 26, April 30, and May 2, 2007.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session
minutes of April 17, April 26, April 30, May 2, and May 7, 2007.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive
session at 8:55 p.m. for the purpose of discussing collective bargaining in connection with a
combined facilities department, with the intent to possibly return to open session.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 8:55 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk
Selectmen’s Meeting
May 21, 2007
A regular meeting of the Board of Selectmen was held on Monday, May 21, 2007 at 7:30
p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr.
Manz, Mr. Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive
Clerk, were present.
Public Comment
Mr. Pinsonneault of the Department of Public Works announced that there would be a
DPW open house on May 24, 2007 from 10:00 a.m. to 2:00 p.m.
Selectmen Concerns and Liaison Reports
Mr. Manz reported first, that the LABBB (Lexington, Arlington, Bedford, Belmont, and
Burlington) School is having a Special Olympics on May 22, 2007 at the Lexington High
School track. Second, the Town Report, edited by Kerry Brandin in past years, was edited by
Ann Redmon this year. Mr. Manz would like to thank Ann, Tom Whelan who took the cover
photo, and Lynne Pease of the Selectmen’s Office. And third, the Farmer’s Market is ready
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to start up again this year on June 12.
Town Manager Report
Mr. Valente said that Lexington has been recertified as a No Place for Hate community. The
Town will receive a $1,000 grant for training. This past spring there was a racial incident
where an Asian-American woman was attacked. No Place for Hate and the Lexington Police
responded within hours.
LexHab Fund
Mr. Hays, Chair of LexHab, discussed starting a new fund to help people with emergency
housing needs that LexHab currently does not meet. He is proposing to commence an
emergency housing fund of $10,000 and put together a committee comprised of the Human
Services Director, a clergyman, a LexHab designee, a Housing Partnership designee, and a
person designated by the Selectmen.
Mr. Cohen thanked Mr. Hays for the eulogy he gave at Marshall Derby’s funeral, and thinks
the idea of an emergency housing fund named for Mr. Derby is terrific. Mrs. Krieger agreed
with involving the Human Services Director. She also suggested that Mr. Hays consult with
the Fund for Lexington since they have mechanisms for responding quickly.
Tree Committee – Tree Farm
Mr. Wood and members of the Tree Committee, Mr. Paul, Mr. Frey, and Ms. Longeteig
discussed the new Tree Farm. The farm is located on conservation commission property
Selectmen’s Meeting – May 21, 2007
adjacent to the Doran Farms condos, and was established to solve the problem of the net loss
of trees in Lexington. The Tree Committee planted 125 trees and will continue to plant trees
each year. In response to Mr. Kelley’s question as to whether there is a limit to the tree farm,
Mr. Wood said there is a limit of about 600 trees. Mrs. Krieger thinks this is an excellent
example of what a group can do to provide a lasting benefit to the Town.
Combined Facilities Department
Mr. Valente and Mr. Ash have prepared a draft agreement on a combined facilities
department. Town Counsel has reviewed a previous version and recommended the addition
of the Town Manager as a party to the agreement. Mr. Valente is waiting for comments from
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Labor Counsel. The School Committee will take up this matter at its meeting on May 22.
Upon motion duly made and seconded, it was voted 3-1-1 (Kelley opposed; Burnell
abstained) to approve the Memorandum of Agreement between the Board of Selectmen,
Town Manager, and School Committee regarding the creation of a Lexington Department of
Public Facilities, subject to any recommended changes by Labor Counsel.
Town Manager Reappointments
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Jane Trudeau, Frieda Oliner, and Leo McSweeney to the Council on Aging.
Noise By-law Special Permit Fees
Upon motion duly made and seconded, it was voted 5-0 that there be no fee for a Special
Permit Application Under the Noise By-law.
Establish Fees for Supportive Day Care
Ms. McSweeney, Director of Social Services, requested fee increases for the Lexington
Supportive Day Care Program effective July 1, 2007. The fee increases are to cover the
reduction in tax levy support from $30,000 in FY07 to $15,000 in FY08.
Upon motion duly made and seconded, it was voted 5-0 to adopt the FY08 fee schedule for
the Supportive Day Care program as proposed by the Director of Social Services.
Update Guidelines for Senior Service Program
Ms. McSweeney and Mr. Valente asked the Board to consider two changes to the guidelines
for the Senior Service Program (previously the Property Tax Work Off Program):
1. Increase the maximum credit a taxpayer may earn. The new limit is not to exceed
$935, an increase of $85 from the current $850.
2. Allow two people per household to participate, earning a total not to exceed $1190.
Selectmen’s Meeting – May 21, 2007
Upon motion duly made and seconded, it was voted 5-0 to approve the changes in the
guidelines for the Senior Service Program.
Review and Approve Reserve Fund Transfer Request
Mr. Addelson, Finance Director, requested approval to transfer $98,284 from the Reserve
Fund to Property and Liability Insurance Contractual Services for the purpose of paying bills
received for insurance coverage.
Upon motion duly made and seconded, it was voted 5-0 to authorize the Chairman to sign a
Reserve Fund Transfer Request for property and liability insurance in the amount of $98,284.
Consent Agenda
Commitments of Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5-0 to approve the following
commitments of water/sewer charges:
Commitment of Water/Sewer charges for March 2007 (Cycle 9) $166,736.54
Commitment of Water/Sewer charges for 3/1/07 to 3/31/07 (Final Bills) $7,952.08
Commitment of Water/Sewer charges for April 2007 (Cycle 9) $169,883.49
Commitment of Water/Sewer charges for 3/1/07 to 3/31/07 (Final Bills) $12,655.70
Commitment of Water/Sewer charges for Town-wide bills Section 1-Spring $1,865,493.58
Comptroller Performance Review
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
performance evaluation and recommended salary increase for Mr. Addelson.
Eagle Scout Letter – Geoffrey Cooper
Upon motion duly made and seconded, it was voted 5-0 to send a letter to Geoffrey Cooper
congratulating him on attaining the highest rank in Scouting.
Ratify Pole Vote – Lower Battle Green Flag for Mr. Derby
Upon motion duly made and seconded, it was voted 5-0 to lower the Battle Green Flag on
Friday, May 18, 2007, in memory of Marshal Derby.
Use of Bike Path – Massachusetts Chapter of the Alzheimer’s Association
Upon motion duly made and seconded, it was voted 5-0 to approve the Massachusetts
Chapter of the Alzheimer’s Association request to the Town Manager to place a table west of
ndrd
where the bikeway crosses Fletcher Avenue in Lexington for 4 hours on June 2, (June 3
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rain date) to promote its 11 Annual Memory Ride, subject to any restrictions by the Police,
Fire, and Public Works Departments.
Selectmen’s Meeting – May 21, 2007
Proclamation for Jere Frick
Upon motion duly made and seconded, it was voted 5-0 to sign the Proclamation for Jere
Frick in recognition of her nine decades of dedication to Lexington and our appreciation of
her using the Silver Cane she was awarded to keep the Conservation Commission on track,
we commend her for outstanding service to our town and look forward to her future
accomplishments.
Use of Battle Green – ColdWater Media History Show
Upon motion duly made and seconded, it was voted 5-0 to approve the request of ColdWater
Media to use the Battle Green on Friday, May 25, 2007 from approximately 5:15 a.m. to 4:00
p.m.
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive
session at 9:00 p.m. for the purpose of discussing collective bargaining and property
considerations with no intent to return to open session.
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:00 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk