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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 th 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 nd 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 th 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