HomeMy WebLinkAbout2006-05-BOS-min
Selectmen’s Meeting
May 8, 2006
A regular meeting of the Board of Selectmen was held on Monday, May 8, 2006, at 7:30 p.m.
in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen,
Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were present.
Reorganization of the Board
Ms. Pease 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 to appoint Mrs. Krieger as
Chairman of the Board of Selectmen.
Public Comment
Mrs. Verna Thayer, Precinct 1, wants the needs of the seniors to be met and hopes that a
decision on a new senior center will be made by the fall.
Selectmen Concerns and Liaison Reports
The Selectmen are being asked to send a letter of support for the Lexington Press building
rehabilitation to create 15 units of housing for persons with disabilities.
Upon motion duly made and seconded, it was voted to send a letter of support signed by the
chief elected officer to the Department of Housing and Community Development for the
Lexington Press Building rehabilitation to create 15 units of housing for persons with
disabilities.
The Selectmen decided to cancel its meeting scheduled for May 22 and will meet instead on
May 15. A meeting will also be scheduled for Tuesday, June 6.
Town Manager Report
Mr. Valente reported to the Selectmen that there had been some water damage at the Fire
Station on Bedford Street due to a testing system failure and that the damage had been
repaired over the weekend.
Mr. Valente requested the Board’s permission to provide factual municipal budget
information about the override by writing a broader column in the Lexington Minuteman and
also commenting on a benchmarking piece in the Lexington Minuteman. The Selectmen
think it is an important opportunity for the Town Manager and staff to present only factual
municipal information.
Selectmen’s Meeting – May 8, 2006
Commitment of Water/Sewer Charges
Upon motion duly made and seconded, it was voted to approve the following commitment:
Commitment of Water/Sewer Charges for the month of April 2006 (Cycle 9) $170,738.01
Commitment of Water/Sewer Charges for March 2006 (Finals) $7,213.59
Commitment of Water/Sewer Charges for April 2006 (Finals) $3,433.80
Upon motion duly made and seconded, it was voted 4-1 (Kelley abstained) to approve the
following commitment:
Adjustments of Water/Sewer Charges for the period from 3/1/06 to 3/31/06 -$16,500.88
Department of Environmental Protection Award
Mr. Hadley, Director of Public Works, read a letter from the Department of Environmental
Protection to the Lexington Water Department congratulating them for the outstanding
performance during 2005 (placed among the top 5% MWRA communities). There will be a
awards ceremony on Thursday, May 11, 2006 at the State House.
The Selectmen thanked and congratulated Dennis Meehan and the Water Department for
their achievement.
DPW Open House
Mr. Hadley, Director of Public Works, provided the Selectmen with t-shirts and hard-hats to
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help celebrate and invited them to the 4 Annual DPW Open House on Thursday, May 25,
2006, from 10:00 a.m. to 2:00 p.m.
Hearings – Grant of Locations
Verizon and Nstar - Laconia Street and Rumford – Poll Relocation/Installation
Upon motion duly made and seconded it was voted to approve the petition of Verizon and
Nstar to relocate and/or install poles, wires, cables and fixtures, including anchors, guys and
other such necessary sustaining andprotecting fixtures along and across the following
GRANT OF LOCATION DETAILS FOR PETITION # D06_17:
LACONIA STREET:
Starting at existing pole # 119/6, relocate pole in a west-northwesterly direction, a distance of
6 feet (+). Also, starting at existing pole # 119/7, relocate pole in a west-northwesterly
direction, a distance of 4 feet (+). Also, starting at existing pole # 119/8, relocate pole in a
west-northwesterly direction, a distance of 6 feet (+). Also, starting at existing pole # 119/9,
relocate pole in a northwesterly direction, a distance of 12 feet (+). Also, starting at existing
Selectmen’s Meeting – May 8, 2006
pole # 119/10, relocate pole in a west-northwesterly direction, a distance of 3 feet (+). Also,
starting at existing pole # 119/11, relocate pole in a northwesterly direction, a distance of 16
feet (+). Also, starting at existing pole # 119/12, relocate pole in a northerly direction, a
distance of 26 feet (+), and attach an anchor and guy. Also, starting at existing pole #
119/13, relocate pole in an east-southeasterly direction, a distance of 7 feet (+), and attach an
anchor and guy. Also, starting at existing pole # 119/14, relocate pole in an east-
southeasterly direction, a distance of 8 feet (+). Also, starting at existing pole # 119/15,
relocate pole in a southeasterly direction, a distance of 9 feet (+). Also, starting at existing
pole # 119/16, relocate pole in an east-southeasterly direction, a distance of 1 foot (+). Also,
starting at existing pole # 119/17, relocate pole in a northeasterly direction, a distance of 7
feet (+).
RUMFORD ROAD:
Place new pole number 344/114, on the northerly side of Rumford, at a point which is 130
feet (+) northwesterly of relocated pole number 119/13 on the easterly side of Laconia; also
attach an anchor and guy to proposed new pole number 344/114.
Verizon and Nstar – Mass. Avenue at Maple Street – Install Sidewalk Guy
Upon motion duly made and seconded, it was voted to approve the petition of Verizon New
England, Inc. and Boston Edison Company d/b/a Nstar for permission to locate and/or
relocate anchors, guys and other such sustaining and protecting fixtures to be owned and
used in common by your petitioners, along the following public way: Massachusetts Avenue
@ Maple Street at existing pole number 57/62 on the southerly side of Massachusetts
Avenue across from Maple Street, place new sidewalk anchor and guy 6 feet (+) southerly of
said pole.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote to go into executive
session for the purpose of property and land acquisition with the intent to return to open
session at approximately 8:30 p.m.
Scenic Byways
Mr. Canale will provide a suggested letter for the May 15 Selectmen meeting to send to the
state delegation regarding the Town Meeting Resolution to seek support for the state
designation of the Battle Road Corridor. The resolution has passed in Lexington and
Lincoln. Concord and Arlington are expected to approve soon.
Selectmen’s Meeting – May 8, 2006
Historic Roads Conference
Mr. Canale updated the Selectmen on the well-attended Historic Roads conference held in
Boston April 27-30, 2006. The conference also included a Liberty Ride field trip, which was
very successful.
Mass. Department of Conservation and Recreation: Heritage Land Inventory Grant Program
Mr. Canale is the Lexington Coordinator for the Massachusetts Department of Conservation
and Recreation Heritage Land Inventory Grant Program. He hosted a session at the Depot
Building where 100 important sites were discussed and 6 to 9 of them chosen for more
detailed examination and a field visit by the consultants. The 2 consultants who attended the
session will send a survey to the attendees and the Selectmen and the surveys will be returned
to the consultants for a final report due in June. The report will include suggested help,
priorities, what to do, and who the stakeholders are.
Liquor License – Change of Manager – Vinny T’s of Boston
Upon motion duly made and seconded, it was voted to approve the application and issue a
license for a change of manager for an all alcoholic common Victualler liquor license to
BUCA Restaurants 3, Inc., d/b/a Vinny T’s of Boston, 20 Waltham Street, pending receipt of
a copy of the proposed manager’s current alcohol awareness training.
Adult Day Care Fee Structure
Lauren McSweeney, Director of Social Services, presented the recommended fee structure
for the Supportive Day Care Program for FY2007, which was approved by the Council on
Aging Board. The $1 increase will be added for attendance of residents and non-residents
and transportation for residents. The new rates would be:
Lexington Resident: Attendance $31
Lexington Resident: Transportation $ 8
Non-Lexington Resident: Attendance $33
Non-Lexington Resident: Transportation $14.05
Currently the program has 25 to 30 people in attendance. They believe the demand will grow
when the program is available 5 days a week beginning July 1, 2006. The Selectmen would
like to see the program self-sufficient.
Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to adopt the
Supportive Day Care fee structure as recommended by the Council on Aging and presented
in a memo from the Director of Social Services dated May 3, 2006
Selectmen’s Meeting – May 8, 2006
Senior Service Program
Lauren McSweeney, Director of Social Services, presented a draft regulation for the Senior
Service Program. The Selectmen were asked to make decisions regarding the hourly rate,
maximum amount to be earned, and income eligibility limits.
Applications will be due by September 15; the Social Services will then know how far the
money will go.
Selectmen questioned the redundancy on the application form where it requests financial
information. Ms. McSweeney will look into whether the financial information requested on
the application is needed if the applicant attaches the income tax form.
The Selectmen discussed the options for per hour rates and maximum hours worked, which
range from $8.50 per hour working a maximum of 100 hours to $10.00 per hour working a
maximum of 85 hours.
Mr. Cohen, Bridge Street, spoke for the fiscally challenged seniors who want to continue to
live in Lexington. He would like to see consistency in the eligibility requirements for all
programs and suggested using the Community Preservation Act exemption eligibility for all
programs. It was pointed out by Selectman Cohen that most programs are governed by state
statutes which set forth eligibility requirements.
Upon motion duly made and seconded, it was voted to recommend Option 1 (30 participants
working for $8.50 per hour for no more than 100 hours per year) with the recommended
income limits as stated in the Senior Service Program Policy. It was also noted that
exceptions to the number or participants and the number of hours to be worked could be
made in circumstances of extreme hardship, funds permitting.
State Aid Options
Mr. Addelson, Finance Director, discussed the possible options if Lexington receives
additional State Aid for FY2007. We may not know the outcome of additional funds until
the end of July. The options include:
1. Do nothing;
2. Appropriate to a Reserve Account;
3. Appropriate to supplement the FY2007 budget;
4. Use to offset the FY2006 Snow/ice deficit;
5. Lower the tax rate impact of the override (if voters approve the questions)
6. Supplement the FY2007 budget if any override questions are not approved; or
7. Reduce fees.
Selectmen’s Meeting – May 8, 2006
Common Victualler Licenses
Max Stein’s American on Hartwell
Upon motion duly made and seconded, it was voted to approve the application and issue a
Common Victualler license for Second Julian LLC, d/b/a Max Stein’s American on Hartwell,
94 Hartwell Avenue.
Ixtapa Cantina Mexican Family Restaurant
Selectmen were concerned that Ixtapa did not have a current Special Permit from the Board
of Appeals. The Selectmen will check with Steve Frederickson, Building Commissioner,
regarding the process and a letter will be sent to the owners of Ixtapa Cantina Mexican
Family Restaurant requesting a quick response. The item will be place on the Selectmen’s
agenda for 5/15.
Auctioneer Licenses
Royka’s Auctioneers & Appraisers
Upon motion duly made and seconded, it was voted to approve the request of Royka’s for an
Auctioneer License for Sunday, May 28, 2006, from 3:00 p.m. to 6:00 p.m. and for Sunday,
October 8, 2006, from 12:00 noon to 6:00 p.m. at the Depot Building.
Ali Sedeghpour, Fine Arts Studio
Upon motion duly made and seconded, it was voted to approve the request of Ali
Sadeghpour, Fine Arts Studio, for an Auctioneer License for Saturday, May 20, 2006, from
2:00 p.m. to 5:00 p.m. at the Lexington Sheraton.
Selectmen Liaisons/Dissolve Committees
The Selectmen will individually review their list of assignments and let the Chairman know
if they would like to make any changes.
Upon motion duly made and seconded, it was voted to dissolve the following committees:
Comptroller Selection Committee
Regular Town Manager Search Committee
Town Manager Reappointment – Board of Health
Upon motion duly made and seconded, it was voted to approve the Town Manager’s
reappointment of Dr. Burt Permutter to the Board of Health for a 3-year term to expire April
30, 2009.
Selectmen’s Meeting – May 8, 2006
Reserve Fund Transfers for FY2006
Upon motion duly made and seconded, it was voted to recommend a reserve fund transfer of
$149,500 to the following accounts:
10091311-51902 Unemployment Insurance $70,000
10094502-52110 Workers Compensation $47,500
10091902-52110 Police and Fire Medical $32,000
Consent Agenda
Proclamation – DPW Week
Upon motion duly made and seconded, it was voted to sign a proclamation proclaiming May
21 to 27, 2006 as DPW Week.
Use of Battle Green – Memorial Day
Upon motion duly made and seconded, it was voted to approve the request of the Town
Celebrations Committee to use the Battle Green on Monday, May 29, 2006, at 10:00 a.m. for
the Memorial Day parade and ceremonies.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of April 10,
2006, April 19, 2006, April 24, 2005, April 25, 2005, April 26, 2006, and April 28, 2006.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes
of April 25, 2006.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote to go into executive
session for the purpose of potential litigation with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:55 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen’s Meeting
May 15, 2006
A regular meeting of the Board of Selectmen was held on Monday, May 15, 2006, at 7:30
p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr.
Cohen, Mr. Manz; Mr. Valente, Town Manager; and Ms. Pease, Executive Clerk were
present.
Public Comment
Mr. Goell, 6 Boxford Lane, requested an update on a new Senior Center.
Selectmen responded that the Town is looking at alternatives and will receive a report about
the senior program needs at an upcoming Selectmen’s meeting. Also still having
conversations with the Munroe Center for the Arts about their needs and concerns and are
also waiting to see what the School Committee decides about space needs. It was mentioned
that the School Committee could provide a plan by early fall.
Selectmen Concerns and Liaison Reports
The Board was asked to approve sending a letter to the U.S. Department of Housing and
Urban Development to support the application of the City of Newton for a grant from the
Fair Housing Initiative Fund Education and Outreach Initiative. Lexington is a member of
the HOME consortium and will be able to attend the training to be paid for by the grant. The
staff members who may attend the training have the support of their supervisors.
Upon motion duly made and seconded, it was voted to send a letter to the U.S. Department of
Housing and Urban Development supporting the application of the City of Newton for a
grant from the Fair Housing Initiative Fund Education and Outreach Initiative.
Town Manager Report
Rain Event
Mr. Valente updated the Board on the major rainstorm and wastewater problems resulting
from the heavy rain. Preparation was begun on Thursday, May 11, and continued most of
Friday. Crews were on standby for Saturday. On Sunday morning two main pumping
stations started to surcharge. Arrangements were made to bypass into the brook and 24 hour
staffing was in place. Received a handful of calls from residents on Colony Road, Grant
Street and Bartlett Avenue. The Fire Department assisted residents with necessary pumping.
As of Sunday night 7.7 inches of rain had fallen. The DPW is expected to continue pumping
until Wednesday.
Water/Sewer Commitments
In order to get the water/sewer bills out in a timely manner, the Selectmen agreed to delegate
the signing of the Sections 2 and 3 commitments to the Town Manager. The Selectmen
requested that they receive a copy of the commitments for Sections 2 and 3.
Selectmen’s Meeting – May 15, 2006
Lincoln Park Award
Ms. Simmons, Recreation Director, announced that the Lincoln Park renovation project had
been recognized by the Boston Society of Landscape Architects with a design merit award.
This is the second award for Lincoln Park.
Senior Service Program
Upon motion duly made and seconded, it was voted to approve and authorize the Chairman
to sign the Senior Service Program Regulation for fiscal year 2007.
Scenic Byways
Upon motion duly made and seconded, it was voted to sign letters of support to the four
Lexington state legislators requesting that the Battle Road be designated as a Scenic Byway.
LexMedia Report
Alan Lazarus and George Preston, LexMedia, presented the annual status and financial
reports as required by the contract. Accomplishments include: maintaining governmental
meeting coverage, some local sports programs, “Lexington Selects”, and Jay Kaufman’s
“Open House”; establishment of a Corporation Membership; working on creating and
approving policies and procedures; hired a CPA firm for auditing and financial reporting; and
have negotiated an 18-month revocable lease for the Kite’s End studio and continue to search
for larger space.
LexMedia requests help and support from the Selectmen with the site search for
approximately 4,000 sq. feet of space.
Future plans include purchasing two portable studios to replace the truck to provide
flexibility and quality. They would like to remove the rigid usage barriers between the 3
local channels. LexMedia plans to continue searching for volunteers and to initiate training
for them.
LexMedia expects to begin using the initial $150,000 for equipment. They feel that $55,000
will be sufficient for the remainder of the calendar year, but expect it will be inadequate in
the future when new space is found.
Selectmen requested a breakdown of the different income sources for the next financial
report.
Selectmen asked how LexMedia handles complaints. Complaints should be sent to the
LexMedia Board of Directors and George Preston and will be discussed at a LexMedia
meeting.
Selectmen’s Meeting – May 15, 2006
Common Victualler Provisional License – Ixtapa Cantina Mexican Family Restaurant
A letter was sent to the President of Ixtapa telling him he had to apply for a special permit
before he would receive a Common Victualler license. He has verbally let the Selectmen’s
Office know that he has picked up the application and has to submit a package to the Board
of Appeals no later than May 26 in order to be on the June 26 agenda. After Ixtapa receives
approval for a special permit a Common Victualler license will be approved that will expire
at the end of the year.
Upon motion duly made and seconded, it was voted to approve a 60-day Common Victualler
License for Green Pepper, Inc., d/b/a Ixtapa Cantina Mexican Family Restaurant, 177
Massachusetts Avenue that will expire on July 15, 2006.
Tax Bill Inserts
Mr. Valente requested the Board’s approval to include a CPA insert in the next tax bill and
also a 2-4-page budget summary. Only question is whether the two inserts will increase the
amount of postage needed. Selectmen feel it is important to get both inserts into the tax bill.
Upon motion duly made and seconded, it was voted to authorize a CPA insert and the
appropriate budget insert be included in the FY2007 first quarter tax bill.
Legal Services Review Committee II Charge
Mr. Pagett would like the charge revised to make it more flexible and to also include having
the committee collect background information. The revised charge will be e-mailed to all
Selectmen for review prior to the next meeting. Selectmen should also send membership
suggestions to Mrs. Krieger. At the next meeting the Board will approve the charge and
appoint members.
Appointments/Reappointments – Housing Partnership and LexHAB
Upon motion duly made and seconded, it was voted to appoint Thomas Harden to the
Lexington Housing Partnership Board for a 3-year term to expire September 30, 2008.
Upon motion duly made and seconded, it was voted to reappoint David Eagle, William Hays
and Martha Wood to the Lexington Housing Assistance Board (LexHAB) for 3-year terms to
expire May 31, 2009.
Selectmen wanted to make sure that the expiration dates of members on LexHAB were
staggered.
Upon motion duly made and seconded, it was voted to appoint William Kennedy to the
Lexington Housing Assistance Board (LexHAB) for a 2-year term to expire May 31, 2008.
Selectmen’s Meeting – May 15, 2006
Town Manager Appointments – Youth Commission
Upon motion duly made and seconded, it was voted to approve the Town Manager’s
reappointment of Maria-Elena Kostorizos and Douglas Lucente to the Youth Commission for
3-year terms to expire April 30, 2009.
Limousine License Renewal
Upon motion duly made and seconded, it was voted to approve the application and issue a
Limousine License to Kip P. Farris, 158 Maple Street.
Common Carrier License Renewal
Upon motion duly made and seconded, it was voted to approve the application and issue a
Common Carrier License for the Liberty Ride Bus to M&L Transit Systems, Inc., 60
Olympia Avenue, Woburn, pending inspection of the vehicle by the Police.
Consent Agenda
Approval of Town Manager Vacation
Upon motion duly made and seconded, it was voted to approve the request of the Town
Manager to take vacation for the period of June 12 to 16, 2006.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of May 8, 2006,
as amended.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes
of May 8, 2006.
Upon motion duly made and seconded, it was voted to adjourn at 8:25 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk