Loading...
HomeMy WebLinkAbout2006-06-BOS-min Selectmen’s Meeting June 6, 2006 A regular meeting of the Board of Selectmen was held on Tuesday, June 6, 2006, at 7:00 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Ms. Vine, Assistant Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Executive Session Upon motion duly made and seconded, it was voted by roll call to go into executive session for litigation discussion with the intent to return to open session at approximately 7:30 p.m. Selectmen Concerns and Liaison Reports Mr. Kelley has received several calls regarding the condition of the roads since the Keyspan incident. He requested an update of the plan for repair of the roads. 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 Cycle 9 for month of May 2006 $178,260.43 Communications Advisory Committee – RCN Amendment/DTE Response RCN Amendment Dave Buczkowski, member of the Communications Advisory Committee, requested the Board approve the Amendment to the RCN license relating to the failure of RCN to wire the entire Town. There are 615 homes that are affected. The Amendment, which provides for a monetary payment to the Town, will be in place until the end of RCN’s current license, which expires in approximately 3 years. Upon motion duly made and seconded, it was voted 3-2 (Kelley and Pagett against) to approve the RCN Amendment dated June 1, 2006. DTE Response Regarding Verizon Upon motion duly made and seconded, it was voted to send the proposed response letter protesting the petition by Verizon to eliminate local control to the Massachusetts Department of Telecommunications and Energy. Selectmen’s Meeting – June 6, 2006 Memorandum of Agreement First Amendment – Met State Hospital Upon motion duly made and seconded, it was voted to approve and have the Chairman sign the First Amendment to Memorandum of Agreement regarding the Metropolitan State Hospital. Legal Services Review Committee II – Charge and Membership Upon motion duly made and seconded, it was voted to adopt the charge for the Legal Services Review Committee II. Mr. Kelley requested that Steve Politi be a member of the committee and questioned why Mr. Enrich would be chair instead of letting the committee vote a chair. There have been some committees that the Selectmen have appointed the chair, like the Selectmen’s Ad Hoc Financial Review Committee. Mr. Kelley also requested that he be named as the Selectmen’s liaison to the committee. Upon motion duly made and seconded, it was voted 3-2 (Krieger/Cohen against) to increase the Legal Services Review Committee II membership to 10 with Steve Politi being the additional member. Upon motion duly made and seconded, it was voted 4-1 (Kelley abstained) to appoint the following to the Legal Services Review Committee II: Peter Enrich, Chair Margery Battin William J. Dailey Daniel J. Griffin, Jr. Thomas V. Griffiths Philip K. Hamilton Marilyn Kolb Stephen M. Politi Jeffrey S. Robbins Alan Wrigley Carl Valente – Staff Hank Manz – Selectmen Liaison Upon motion duly made and seconded, it was voted to designate the Legal Services Review Committee II as Special Municipal Employees. Selectmen’s Meeting – June 6, 2006 Appointments/Resignations Lexington Council for the Arts Upon motion duly made and seconded, it was voted to appoint Bill Janovitz to the Lexington Council for the Arts for a 3-year term to expire September 30, 2009. Historic Districts Commission Upon motion duly made and seconded, it was voted to accept the resignation of Greta Rothman from the Historic Districts Commission as an associate representing the Arts and Crafts Society, effective immediately. Upon motion duly made and seconded, it was voted to appoint Robert Warshawer to the Historic Districts Commission as an associate representing the Arts and Crafts Society for a term to expire December 31, 2009 to fill the unexpired term of Greta Rothman. Human Services Committee Upon motion duly made and seconded, it was voted to accept the resignation of Matthew Cohen from the Human Services Committee, effective immediately. Sidewalk Committee Upon motion duly made and seconded, it was voted to accept the resignation of Steve Kropper from the Sidewalk Committee, effective immediately. Limousine License Renewal – Boyadjian Limousine Service Upon motion duly made and seconded, it was voted to approve the application and issue two (2) limousine licenses to Boyadjian Limousine Service, 447 Lowell Street, with the same conditions as the previous year, for the following two vehicles: 1999 Lincoln Town Car, LV 33090 (1LNHM81W5XY617524) 2000 Ford Excursion, LV 12360 (1FMNU4359YEE51422) Common Victualler License – Lexington Café Upon motion duly made and seconded, it was voted to approve the application and sign a Common Victualler license for Realty Resources, d/b/a Lexington Café, 438 Bedford Street. Future Meetings/Goal Setting The Selectmen will schedule meetings for Monday, July 10, 2006, Tuesday, July 11, 2006 (Goal Setting), August 8, 2006, August 28 or 29, 2006, September 7,2006 (tentative), and September 18, 2006. Selectmen’s Meeting – June 6, 2006 Reserve Fund Transfer Request – Elections Upon motion duly made and seconded, it was voted to recommend a reserve fund transfer for the Election account in the amount of $25,000. Consent Agenda Use of Battle Green – Change of Command Upon motion duly made and seconded, it was voted to approve the use of the Battle Green for a Change of Command on Friday, July 7, 2006 at 10:00 a.m. for approximately one hour. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of May 15, 2006. Starwood Covenant Upon motion duly made and seconded, it was voted to approve and sign the Covenant by Starwood Lexington Realty to the Town of Lexington. Minuteman Regional Vocational School District – Revolving Funds Upon motion duly made and seconded, it was voted to approve the action of the Minuteman Regional School Committee in its acceptance of the provisions of MGL Chapter 74 Section 14B with regard to the reauthorization of vocational technical program revolving funds held by the Minuteman Regional Vocational Technical School District. Education Trust Fund Escrow Agreement – Avalon Bay Upon motion duly made and seconded, it was voted to authorize the Town Manager to sign the Avalon Bay Education Trust Fund Escrow Agreement. Fiske School Project Funding Agreement – Authorization of Signatory Upon motion duly made and seconded, it was voted to authorize the Town Manager to sign the Fiske School Project Funding Agreement on behalf of the Town. Acting Town Manager Upon motion duly made and seconded, it was voted to approve the Town Manager’s designation of Linda Vine as Acting Town Manager during the period between June 12, 2006 and June 16, 2006. Selectmen’s Meeting – June 6, 2006 Executive Session Upon motion duly made and seconded, it was voted by roll call to return to Executive Session regarding litigation, not to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m. A true record, Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting June 12, 2006 A regular meeting of the Board of Selectmen was held on Monday, June 12, 2006, at 7:30 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Ms. Vine, Assistant Town Manager; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports Met State Met State has been officially purchased by Avalon Bay on June 2. They have an aggressive plan and hope to have some occupancy by January 2007. There is a Draft Resource Plan for the Expanded Beaver Brook Reservation that will be combined with the Met State open space. Goal Setting A Goal Setting meeting has been scheduled for Tuesday, July 11, 2006, from 9:00 a.m. to 1:00 p.m. at the Depot Building to discuss operating functions. The Selectmen will receive a matrix from last year’s goals. There will be a discussion of new goals that the staff has put together and new goals from the Selectmen. Selectmen should think about items to be included and get to the Town Manager at least a week prior to the Goal Setting meeting. Outcome of Override Mrs. Krieger read a statement regarding the outcome of the override. She thanked the voters for support of Questions 3 and 4, which will allow the Town to operate more efficiently and resources will be available to maintain schools and municipal buildings. But losing 30 school positions because of the no vote on Questions 1 and 2 will erode the quality of the education programs. Mrs. Krieger believes there are a number of steps that need to take place to reduce dependence on the residential property tax, including the commercial properties. The Selectmen will be meeting jointly with the Planning Board to develop a process for examining the Floor Area Ratio in the commercial districts. The Town will also be adding an economic development officer who will be able to help. Mrs. Krieger feels the Town should continue to lobby for increased state aid and appropriate funding for mandated federal and state programs. The School Committee has been active and we all need to join them. Mrs. Krieger believes the Town needs to consider the total compensation package and consider ways to reduce the rapid growth of health care costs. We also need to reduce energy costs and continue to examine fee structures and deliver services as efficiently as possible. This is what goal setting is about. Selectmen’s Meeting – June 12, 2006 Mrs. Krieger believes there will be another override and we should continue to work to make the community understand the services offered, if they are the right set of services and if they will support delivery of those services. Farmers’ Market The Farmer’s Market will open on Tuesday, June 13, 2006, at 2:00 p.m. on the School Administration grass area. Mr. Manz will ring the bell and there will be a “Lexington Selects” show taped. Commitment of Water/Sewer Charges Upon motion duly made and seconded, it was voted to approve the following adjustment: Adjustments of Water/Sewer Charges for the period 4/1/06 to 4/30/06 -$93,215.80 Grants of Location Mr. Fitzgibbon was at the meeting representing Verizon and Maureen Carroll was at the meeting representing Nstar. Verizon – Bennington Road The Selectmen questioned whether the cable companies were aware that the work on Bennington Road was being done and if it would affect the abutters. Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Bennington Road from existing Verizon pole #8/1, on the northwesterly side of Bennington Road, place conduit in a southwesterly direction, then west-northwesterly, a total distance of 255 feet(+) into private property at #7 Bennington Road. Also, Verizon will be removing pole numbers 8/3 and 8/2. This motion was approved subject to Engineering checking to see what other companies have wires on the poles that would be affected by removing the poles and putting underground. Nstar – Bennington Road Upon motion duly made and seconded, it was voted 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 Bennington Road southerly, approximately 140 feet south of Elliot Road, a distance of about 250 feet – conduit at pole 8/1. This motion was approved subject to Engineering checking to see what other companies have wires on the poles that would be affected by removing the poles and putting underground. The grants of location requests below are for work being done prior to road repaving. Mr. Chalpin, Town Engineer, stated that all utilities affected are notified several months prior to when the repaving will be done. Selectmen’s Meeting – June 12, 2006 Verizon – Tyler Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Tyler Road from existing pole on the southeasterly side of Tyler Road, place conduit in a northwesterly direction, a distance of 40 feet (+) to proposed new handhold number 1 at 25 Tyler Road. Verizon – East Emerson Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of East Emerson Road. Plan # D06_31B. Replace existing pedestal, located on the northerly side of E. Emerson with handhole # 9; from proposed handhole #9 place conduit in a southeasterly direction, a distance of 74 feet (+) to proposed new handhole in the grass, located 4 feet (+) easterly of the driveway between 250 and 252 E. Emerson; also, place new handhole #254 in the grass, located 4 feet (+) easterly of the driveway between 254 and 256 E. Emerson; also, from proposed new handhole #254, place conduit in a northerly direction, a distance of 50 feet (+), to private property. Plan # D06_31C. Replace existing handhole #54/201, at 237 E. Emerson; from handhole #54/201, place conduit in an easterly direction, a distance of 140 feet (+), to proposed new handhole #231, at edge of pavement in the grass area. Plan # D06_31D. Replace existing handhole #54/202, located 13 feet (+) southerly of driveway between 221 and 217 E. Emerson; also, from handhole #54/202, place conduit in a westerly direction, a distance of 73 feet (+), to proposed new handhole #240 at edge of sidewalk; also, from handhole #54/202, place conduit in a westerly, then southerly, then westerly direction, a distance of 88 feet (+) to proposed new handhole #216. Plan # D06_31E. Replace existing handhole # 54/203, located 20 feet (+) southerly of driveway between 211 and 209 E. Emerson; also, from handhole #54/203, place conduit in a southwesterly direction, a distance of 63 feet (+), to proposed new handhole at edge of sidewalk. Plan # D06_31F. Replace existing handhole # 54/205, located 11 feet (+) easterly of driveway between 199 and 205 E. Emerson; also, from handhole #54/205, place conduit in a southerly direction, a distance of 50 feet (+), to proposed new handhole #196 at edge of sidewalk, at a point which is 69 feet (+) westerly of driveway between 196 and 200 E. Emerson. Selectmen’s Meeting – June 12, 2006 Plan # D06_31G. Replace existing handhole #54/207, located on the southeasterly side of E. Emerson, near 177 E. Emerson; also, from handhole #54/207, place conduit in a northwesterly direction, a distance of 44 feet (+), to proposed new handhole #172 at edge of pavement. Plan # D06_31J. From existing handhole #54/209, located on the northwesterly side of E. Emerson, place conduit in an easterly direction, a distance of 87 feet (+), to proposed new handhole #150 at edge of pavement; also, from existing handhole #54/209, place conduit in a southwesterly, then southeasterly, direction, 109 feet (+), to proposed new handhole #162 at edge of pavement. Plan # D06_31K. From existing handhole #54/210, located on the westerly side of E. Emerson, place conduit in a northerly, then easterly, direction, a distance of 67 feet (+), to proposed new handhole #136 at edge of pavement, and 2 feet (+) northerly of hydrant. Plan # D06_31L. From existing handhole #54/211, located on the northerly side of E. Emerson, place conduit in an easterly, then southerly, direction, a distance of 216 feet (+), to proposed new handhole #122 at edge of pavement, and 2 feet (+) easterly of light post. Plan # D06_31M. From existing handhole #54/213, located on the northerly side of E. Emerson, place conduit in a southwesterly direction, a distance of 94 feet (+), to proposed new handhole #104 near edge of pavement, and 15 feet (+) easterly of light post. Verizon – Maureen Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes with the wires and cables to be placed therein, under the surface of Maureen Road at a point which is 153 feet (+) south of East Street, on the westerly side of Maureen Road, replace existing Verizon pedestal with a new handhold $54,200; also place conduit in an easterly direction across Maureen Road from said handhole, a distance of 87 feet (+), to a proposed new handhole #2 in the grass at edge of pavement, at a point which is 114 feet (+) south of East Street, also, from handhole #54/200, place conduit in an easterly, then southerly, then easterly again, direction for a total distance of 217 feet (+) to proposed new handhole in the grass on the easterly side of Maureen Road, 30 feet (+) southerly of the existing driveway at #6 Maureen Road. Verizon – Sanderson Road Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Sanderson Road at a point which is 62 feet (+) easterly of the driveway between 7 and 11 Sanderson Road, place new handhole #7 in the northerly grass strip; also from this proposed handhole #7, place conduit in a southeasterly direction, a distance of 43 (+) to proposed new handhole #8, to be located on the southerly side of Sanderson, in the grass, at point which is 110 feet westerly of the driveway between #6 and #2 Sanderson Road. Selectmen’s Meeting – June 12, 2006 Verizon – Jonas Stone Circle Upon motion duly made and seconded, it was voted to approve the petition of Verizon to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Jonas Stone Circle, replacing existing handhole #7, located on the southwesterly side of Jonas Stone Circle; also from the handhole, place conduit in an easterly direction, a distance of 34 feet (+) to proposed new handhole on the northeasterly side of Jonas Stone; also replace handhole #3 on the southwesterly side of Jonas Stone Circle. Water Issues Mr. Hadley, DPW Director, discussed the recent wet weather the Town has experienced during the last two months and the impact it has had on the community, especially the Colony Road/Grant Street area and Bartlett Avenue. He also addressed the drainage issue in the Lake Street area and updated the Board on the progress of the Keyspan street restoration. Mr. Chalpin, Town Engineer, Mr. Cannon, Assistant Town Engineer, and Mr. Flamang, Senior Civil Engineer, were also present to answer any questions. Colony Road Area During the week of May 8-12, DPW prepared for the rain by checking and cleaning the brook culverts, catch basins in low lying areas and flushed known trouble spots within the wastewater system. Pumps were set up and DPW organized a supply of sump pumps in case they were needed. Also DPW staff was put on notice. DPW’s plan was to monitor the sewer system and wait for the first call of street flooding. During the Sunday morning assessment the system was nearing capacity and 24-hour monitoring was put in place and assistance scheduled. Bypass pumping at the main pumping station began at 11:05 Sunday morning. Surcharging calls started coming in from Colony Road, Grant Street, and Bartlett Avenue. 63, 70, and 66 Colony Road were impacted by the wastewater system surcharging and had sewer in their basements, as did 171, 178 and 181 Grant Street. 40 and 42 Bartlett Avenue also experienced sewer in their basement. DPW arrived to offer sump pumps, phone numbers for cleaning companies, moral support and an explanation of why. The 15 inches of rain inundated the system. For a best solution and to secure MWRA approval of the necessary improvements, DPW will be performing a thorough evaluation of the system. The evaluation will incorporate weather variations over all four seasons and will involve redistribution of flows to the MWRA collection system. Selectmen’s Meeting – June 12, 2006 DPW has retained Tutela Engineering to evaluate the system and recommend solutions. Tutela started work on this project in March 2006 with concentration on the Colony Road/ Grant Street area. Tutella has installed recording flow meters in key locations in the town. The study has four phases and for each phase data collection will be for a 3-month period. Tutella’s report will contain recommendations to remedy capacity problems system-wide and in the Colony Road/Grant Street area specifically. The report will provide support information for the recommendations and enable a plan to be approved by Mass DEP and the MWRA. The final report will be done in March 2007 with possible construction in the Spring of 2008. It is expected that the report will recommend identifying illegal connections such as sump pumps connected to the sewer system. It was suggested that residents install a gate valve or a check valve, which will reduce the potential for the type of damage they all experienced. Sewerage from homes is not a result of the Town discharging. If a homeowner has shower, toilet, or a washer in basement, there is much greater likelihood of discharge. Debbie Hogan, 63 Colony Road, spoke on behalf of all the neighbors affected in her area. They are concerned about the many financial implications and health impacts, and they are worried about the new Fiske School and whether it will be safe for children when it reopens. Ms. Hogan mentioned that when the plans for her home were submitted for approval no one questioned installing a basement bathroom. She was also told that installing a check value would violate the building code. She stated that homeowners want the town to pay to install check valves and also pay damages for homeowners who do not have insurance. Ms. Vine believes there are many questions on what to do for the short-term. She will put together necessary staff to discuss and decide what the next step should be. The Selectmen suggested the need for better communication that is consistent between departments. The Selectmen requested that the Town Manager connect with all parties and provide an update at a Selectmen’s meeting within the next 30 days. Ms. Hogan said it was suggested to her a possible solution would be to run a parallel 12 inch line next to the existing 24 inch line and that might relieve pressure. Lake Street Area Mr. Hadley discussed the drainage problems near Lake Street. The goal is to do the project in FY 2008 after a Spring 2007 Town Meeting approval of funds. There may be a need for easements. Mr. Flamang will be the resident’s contact. The short-term plan is to pump the yards and provide some mosquito control. Selectmen’s Meeting – June 12, 2006 Beverly Shank, 2243 Mass. Avenue, discussed the 3-5 feet of water in her backyard. She is aware of the long-term plan, but they need a short-term solution. Mr. Shank is concerned about the long-term health and safety affects on having sitting water in yard for such a long period of time and also his liability. Mr. Shank is hoping there can be a Fall Town Meeting where the project could be approved and the work could begin earlier. The Selectmen requested that as the plans are formulated for the project that the neighbors affected are kept informed. Mr. Flamang will be the contact person for the neighbors. Marilyn Denton, 4 Lake Street, spoke about her frustration with the problems and wants to see the long-term problem fixed. Street Repair Mr. Hadley has been negotiating with Keyspan to repave streets affected by the incident last November. They have agreed to a square footage of streets to be repaired and in principal the idea that the final amount will be given to the Town and the Town will have its own contractors do the work. Keyspan understands the Town’s need to get the streets done prior to next winter. Keyspan is going back to its people to hopefully get final approval and will get back to the Town by June 23. Questions were raised about the adequacy of Keyspan’s reimbursements to cover the full cost of repairing all the road damage caused by this event. Mr. Hadley will plan to come to the first Selectmen’s meeting in July with the detailed plan for repair of main streets. Any sidewalks that were damaged will be included in the project. Mr. Kelley asked when it would be appropriate to connect with the state and if the process does not get resolved can the Town take money from the Street Repaving Program to get the repaving done and postpone streets that were scheduled for repaving this season. Mr. Hadley says that the goal is to get the scheduled paving as well as the Keyspan damaged streets done, and there are contractors working on streets now. Mr. Hadley hopes that if an agreement is reached by July 1 with Keyspan he will be able to make arrangements with the contractors to continue working and complete all the streets. Liquor License Compliance Representatives from Berman’s Wine and Spirits and Lexington Liquor Mart were asked to nd come to the Selectmen’s meeting for a hearing regarding a penalty for a 2 offense of selling alcohol to a person under the age of 21. Police Chief Casey reviewed the information provided to the Selectmen. The Police want to get on a schedule of conducting alcohol compliance checks every 6 or 7 months. Violations are tracked on 3-year periods. Lt. Ferro conducted an Alcohol Compliance Check on April 19, 2006 of Lexington’s 23 licensed establishments. Five establishments were found in violation: Berman’s Wine and Spirits, Lexington Liquor Mart, Bertucci’s, Bollywood, and Selectmen’s Meeting – June 12, 2006 Vinebrook Bottle Shop. Prior alcohol compliance checks were done on September 9, 2004 and November 2, 2005. Berman’s Wine and Spirits and Lexington Liquor Mart had a prior violation from an Alcohol Compliance Check on September 9, 2004. Selectmen discussed the need to receive proof of alcohol awareness training for all st employees of the 1 offenders. Suggestions were made to amend the Enforcement Regulation or clarify the letter sent to the offending establishments. Also the training requirement should be monitored and proof of training provided during the liquor license renewal process. Mr. Berman, Berman’s Wine and Spirits, has fired the employees who sold to minors, has installed a machine to check licenses, will start having stings done by a former ABCC agent, and has signed up a majority of his employees for alcohol awareness training. Mr. Woodward, Lexington Liquor Mart, has provided alcohol awareness training to all employees. Selectmen want all clerks who work the registers at package store establishments to have alcohol awareness training and to provide proof to the Town. Alcohol awareness training should be provided every three years. st Selectmen were very concerned that since the 1 alcohol compliance check on September 4, stnd 2004 there are seven establishments that are 1 offenders and two 2 time offenders. nd Several suggestions were made regarding a penalty for the 2 offense. One suggestion was a 3-day suspension, with 2 days put in abeyance and closing the establishment for one day on a Friday or Saturday. Another was to consider a 3-day suspension but to suspend for one year, but if another offense occurs in the year to suspend for six days. Selectmen requested that all establishments with liquor licenses receive notification of the results of this hearing, but will wait until the appeal process has passed. When Lexington Liquor Mart receives approval from the ABCC for transfer of its liquor license, the new owner will start with a clean slate and the current offenses will go away. Selectmen asked the Police if compliance checks should be done more frequently. Chief Casey has spoken to the ABCC and they say it is important to be consistent and will continue to try to do compliance checks every 6 to 7 months. Selectmen’s Meeting – June 12, 2006 Upon motion duly made and seconded, it was voted 3-2 (Pagett and Manz opposed) to suspend the package store liquor licenses of Berman’s Wine and Spirits and Lexington Liquor Mart for a period of 3 days with 3 days put into abeyance unless there is another violation within 1 year. Consent Agenda Use of Battle Green – Flag Day Upon motion duly made and seconded, it was voted to approve the request of the Lexington Elks to use the Battle Green on Wednesday, June 14, 2006, at 7:00 p.m. for the annual Flag Day ceremony. Petition General Court – Amend Chapter 215 of Acts of 1929 Upon motion duly made and seconded, it was voted to petition the General Court for an Act to amend Section 8 of Chapter 215 of the Acts of 1929. Ratify – Met State Hospital Land Task Force Letter Regarding Draft Resource Plan Upon motion duly made and seconded, it was voted to approve the Chairman signing and sending a letter as Chair of the Met State Hospital Land Task Force regarding comments on the Draft Resource Plan. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of June 6, 2006. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of June 6, 2006. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting June 26, 2006 A regular meeting of the Board of Selectmen was held on Monday, June 26, 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; Mr. Lahey, Town Counsel; and Ms. Pease, Executive Clerk were present. Selectmen Concerns and Liaison Reports The Selectmen scheduled an additional Goal Setting meeting for Tuesday, July 18, 2006 at 8:30 a.m. Town Manager Report Mr. Valente invited the Selectmen to attend the neighborhood meeting to discuss the DPW Facility plans scheduled for Tuesday, June 27, 2006, at 7:00 p.m. in the Library. Mr. Valente met with LexMedia regarding long-term space needs. LexMedia also wants to schedule programming 2 to 3 months in advance and asked if the Selectmen could think about what meetings they want scheduled farther in advance starting in the fall. Commitment of Water/Sewer Charges Ms. Fournier, a member of the Ad Hoc Water and Sewer Rate Study Committee, asked if a supplemental audit had been done on reserves. Mr. Valente responded that the auditors verified the available information but were not asked to do additional work. The Selectmen will add the topic to the goal setting agenda for discussion. Ms. Fournier asked about when rate setting would be this year and wants to see changes in the rate escalation levels this year. The Committee would like to receive information ahead of time in order to review. The Selectmen will consider the request and will prioritize their recommendations prior to the rate setting which will take place in the fall. Upon motion duly made and seconded, it was voted to approve the following Commitments: Commitment of Water/Sewer Charges for May 2006 (Final Bills) $1,404.02 Commitment of Water/Sewer Charges for Town-wide bills–Section 1 Revised (Spring) $1,881,092.84 Discussion of FAR with Planning Board Wendy Manz, Charles Hornig, Anthony Galaitsis, Richard Canale, and Greg Zurlo, members of the Planning Board, and Maryann McCall-Taylor, Planning Director, joined the Selectmen’s meeting to discuss floor area ratio (FAR). Selectmen’s Meeting – June 26, 2006 The Planning Board feels the idea to increase FAR is desirable, but it is only one piece of a very large puzzle that includes many things, including transportation and traffic issues. The Planning Board suggests reaching out to property owners and see if there could be some tradeoffs that would include sustainable design for future improvements. Selectmen would like to see some analysis, including what other communities are doing, before reaching out to property owners. This is an opportunity to reduce homeowners’ tax burden and increase sustainable design. The 2020 Vision Committee would be interested in participating in the analysis. Questions were raised about what the role of an Economic Development Officer would be and whether he/she would work on the center businesses or larger developments outside of the center. The Planning Board and Selectmen agreed that a group be formed that would include members of the Selectmen, Planning Board, property owners, and the Economic Development Officer to discuss what data is needed and to work with staff on the best way to collect data. Human Services Committee Robert Dentler and William Blout, past and current Chair of the Human Services Committee, presented a report to the Selectmen regarding disconnected Lexington residents, who are defined as those who cannot meet their basic needs. Interviews were carried out with agencies in Lexington and surrounding towns. Lexington based services include the Department of Social Services, Food Pantry, Housing Assistance Board, Housing Authority, Fire Department, Board of Health, Police Department, High School and Clergy Association. Out-of-Town services include Bristol Lodge for Women, Mass. Department of Transitional Assistance, REACH, Community Day Center, Career Place, Joseph M. Smith Community Health Center, several food programs and pantries, Legal Services provided by the South Middlesex Legal Services Agency and the Senior Citizen Law Project of the Greater Boston Legal Services Agency. The following conclusions were made: between 150 and 300 Lexington residents and transients draw annually on about 20 government and charitable agencies for assistance of some kind; food/meals are in high demand and rising annually; there is substantial unmet demand for affordable housing; houses of worship in Lexington help about 50 persons each year with funds, clothing and food; and coordination is fragmented and weak. Selectmen’s Meeting – June 26, 2006 The following recommendations are suggested: 1. Social Services should prepare and disseminate a booklet describing services to orient all town personnel and school officials and to be used by persons in need; 2. A phone line should be installed that will connect callers directly to the Department of Social Services; 3. Establish a planning group to work on where to place homeless persons and households when the Battle Green Inn is demolished. 4. Social Services should initiate a regionally coordinated collaborative approach with surrounding town agencies and units; 5. School district needs to provide after-school transportation; and 6. Disconnected youth in Lexington are in need of a youth center for after school activities. Mr. Blout stated that the Youth Services Council is addressing the present youth needs and will be presenting information to the Selectmen in the fall. Mr. Cohen believes the booklet describing services could be accomplished easily and that it is important for all departments to know where to send requests. Mr. Manz asked for additional information on the after-school transportation needs and suggested that Gail Wagner, Transportation Coordinator and the Transportation Advisory Committee be contacted for suggestions to accomplish this need. The Selectmen believe some resources will be needed to accomplish the recommendations but they will look to see what can be accomplished. Council on Aging Survey Results Marian Cohen, Chair of the Council on Aging (COA), presented report findings of three surveys conducted by the COA in the fall of 2003. The three surveys were sent to: residents aged 50 and older in Lexington, program participants, and program providers. Conclusions of the survey to residents aged 50 and older showed that there is widespread interest in the programs, services, and activities offered at the Senior Center and that interest and participation would increase with more, and better, space and with more convenient days and hours of operation, including evenings and weekends. Conclusions of the survey to program participants showed that the participants were dissatisfied with the physical space and environment in the current Senior Center. Conclusions of the survey to program providers showed enthusiasm for the clients and programs offered. They were able to identify space issues that limited ability to provide the best program possible. Selectmen’s Meeting – June 26, 2006 Ms. Cohen concluded by saying the current center is inadequate for current needs and a new center needs to be addressed now. Mr. Cohen wondered if the senior population would vote yes on an override for a new senior center and for the additional funds needed to keep the center open in the evenings and on weekends. Ms. Cohen says there is no way to predict but the COA would work hard to raise some of the necessary funds and getting the word out to residents on the importance to vote yes on an override. The Selectmen will be considering the siting of a facility and felt the survey results would be useful documents. There needs to be discussion on what programs are needed for all ages. Mr. Manz felt it was time to have discussions with Hayden on ways they may be able to help the community. Ms. Terzian requested that the Selectmen look into providing meals to seniors at the senior center. Ms. Cohen will provide the Selectmen with information on the number of residents that come to the Senior Center and how often. Mr. Edwards, Precinct 4, spoke about the very important service the Fix-It Shop provides and its need for a larger space. Tourism Committee Report Ms. McKenna, Chair of the Tourism Committee, came before the Selectmen to discuss Battle Green Guides, Year End for the Liberty Ride, and Signage. Signage The Tourism Committee has been working on new signage for many years and has gone through the appropriate channels for approvals, including the Historic Districts Commission (HDC). HDC would like to see the overall number of signs in the center reduced and the Tourism Committee agreed to try to do that. They are pulling all parties involved together and will come back to the Selectmen for signage changes. Selectmen requested that anti- idling and bike signs be included in the plan. Battle Green Guides The Battle Green Guides are covering the Battle Green every day all day and have been very successful. Currently for guided tours the cost is $50 of which $25 goes to the guide and $25 goes to the tourism gift account. For FY2007 the money can no longer go into a gift account. The Tourism Committee requests that the Selectmen consider including a line item in the Selectmen’s Meeting – June 26, 2006 budget to account for these fees that could be used to buy costumes and badges for the guides. Another concern that the Tourism Committee has and is keeping an eye on is Battle Green tours given by bus companies and Lexington residents. The concern is whether the information the guide gives is accurate and also the Battle Green Guides are considered ambassadors of the town. Liberty Ride Mr. Manz will be abstaining from any votes regarding the Liberty Ride. Ms. McKenna thanked several people who have been instrumental in making the Liberty Ride a success. They included John Ott, National Heritage Museum, Bill Scouler, Richard th Canale and especially Marsha Traber. This is the 5 year the Liberty Ride has been in operation. Ms. McKenna has worked with Michael Young, Budget Officer on the Liberty Ride operating budget. As of June 30, 2006 the Liberty Ride has made a profit of $4,305.89. There is some income ($4,185,000) that will not be received until after June 30. Because of this the Tourism Committee requests a vote to allow money that is in the Liberty Ride Selectmen’s Gift Account to be transferred to the general fund to cover any deficit. Upon motion duly made and seconded, it was voted 4-1 (Manz abstained) to authorize reimbursement to the Town General Fund Economic Development Line from the Liberty Ride Selectmen’s Gift Account up to $5,786.84 to cover any remaining deficit as of June 30, 2006 for the Liberty Ride. The Tourism Committee will continue fundraising efforts for the Liberty Ride. Lexington is part of the Greater Merrimack Valley Convention and Visitors Bureau. They have put together a packet on their advertising. Lexington receives a heads-on-beds tax from this advertising. The Tourism Committee, in the future, may request that the heads-on-beds tax go into tourism efforts. Marrett Road/Waltham Street Intersection Improvement Project Ms. Krieger and Mr. Kelley attended the hearing on the project that was held on June 13, 2006. A letter has been drafted to MassHighway that includes two improvement requests aired at the June 13 hearing: to include a counter with pedestrian signal and ornamental fixtures. The letter also asks Mass Highway to be cognizant of the proposed improvements for Marrett Road and Spring Street. Selectmen’s Meeting – June 26, 2006 Mr. Kelley requested that a third improvement be included in the letter regarding a mechanism for ensuring no right turns during the pedestrian crossing interval. Ms. McKenna, Tourism Committee, requested that MassHighway be made aware of plans to post new signs on Marrett Road and Waltham Street directing travelers to historic landmarks. Selectmen requested that the Tourism Committee discuss signage with Dave Cannon, Assistant Town Engineer. A copy of the letter to MassHighway will also be provided to Mr. Cannon. Mr. Canale, as a member of the Metropolitan Area Planning Council, suggested there are many intersections along the Route 2A corridor that are in need updating and funding. The st 1 week of July the state will release the TIP. Mr. Canale suggests the Selectmen write a letter regarding the intersections along Route 2A. The Selectmen accepted Mr. Canale’s offer to draft a letter for the Selectmen to discuss at its meeting on August 8, 2006. Upon motion duly made and seconded, it was voted to have the Chairman sign and send a letter, as amended, with Selectmen comments on the Marrett Road/Waltham Street intersection improvement project. Approval of BANS Upon motion duly made and seconded, it was voted to approve the sale of a $3,865,000 4.25 percent Bond Anticipation Note, Series A of the town dated June 29, 2006 and payable February 1, 2007, to Eastern Bank at par and accrued interest plus a premium of $9,468.39. Further it was voted to approve the sale of a $804,000 4.20 percent Bond Anticipation Note, Series B of the town dated June 29, 2006 and payable July 27, 2007, to Eastern Bank at par and accrued. Further it was voted that the consent dated June 22, 2006 to the financial advisory bidding for the notes is hereby confirmed. Upon motion duly made and seconded, it was voted to approve and sign the Material Events Disclosure Certificate. Upon motion duly made and seconded, it was voted to approve and sign certificates for: Signature and No Litigation, No Arbitrage, Use of Proceeds and Covenant as to Tax-Exempt Status of Notes. Selectmen’s Meeting – June 26, 2006 FY2006 Reserve Fund Transfers/Salary Account Transfers Reserve Fund Transfers Upon motion duly made and seconded, it was voted to approve and sign reserve fund transfer forms totaling $173,020 to the following accounts: 10014215-5110 Snow Removal Regular Wages $86,720.00 10021920-54500 DPW Building Maintenance Exp. $35,000.00 10026124-52200 Library Utilities $40,300.00 10025461-52200 COA Administration Utilities $11,000.00 Salary Account Transfers Upon motion duly made and seconded, it was voted to approve the Salary Adjustment Transfers totaling $263,424 as shown below and recommended by the Town Manager: 3100-3500 DPW Personal Services $ 12,300 4200 Fire/EMS Personal Services $226,124 7200 Planning Personal Services $ 10,000 8210 Town Manager Personal Services $ 12,000 8220 Human Resources Personal Services $ 3,000 Interdepartmental Transfers (3% Rule) This reconciliation is to lower the amount of the snow and ice deficit and a minor issue from the Board of Health. Upon motion duly made and seconded, it was voted to approve the following line-item transfers totaling $135,394 as recommended by the Town Manager: 2210 Contributory Retirement $69,268 2120 Non-Contributory Retirement $ 2,040 2230 Temporary Borrowing $ 8,400 2320 Municipal Salary Adjustment $12,533 2410 Municipal Services & Expense Personal $ 1,019 Services 2410 Municipal Services & Expense Expenses $ 2,922 8110 Selectmen Personal Services $ 1,880 8400 Finance Personal Services $25,200 8400 Finance Expenses $ 6,801 8600 MIS Personal Services $ 5,329 Of this amount $129,860.68 will be transferred to Line Item 3230, Snow Removal Regular Wages (100421451-52110), and $5,533.32 to Line-Item 7140, Health Department Contractual Services (10051102-52110) for costs associated with a public health nuisance related matter. Selectmen’s Meeting – June 26, 2006 Appointments and Reappointments 2020 Vision Committee Upon motion duly made and seconded, it was voted to appoint Mollie Katz Garberg to the 2020 Vision Committee for a 3-year term to expire on September 30, 2000. Keeper of the Lockup Upon motion duly made and seconded, it was voted to reappoint Chief Chris Casey as the Keeper of the Lockup for a one-year term to expire June 30, 2007. Selectmen’s Executive Clerk Upon motion duly made and seconded, it was voted the reappoint Lynne Pease as the Selectmen’s Executive Clerk for a one-year term to expire on June 30, 2007. Consent Agenda Use of the Bikeway Upon motion duly made and seconded, it was voted to approve the request of the Iacocca Foundation to use the bikeway on Sunday, September 10, 2006 for Bike the Miles for Human Trails. Use of the Battle Green Upon motion duly made and seconded, it was voted to approve the request of the Consul of France to use the Battle Green on Saturday, October 21, 2006, for a Legion of Honor Ceremony at 11:00 a.m. Approval of Public Entertainment on Sunday – Lions Carnival Upon motion duly made and seconded, it was voted to grant a Public Entertainment on Sunday License to Fiesta Shows for the Lexington Lions Club Carnival on Sunday July 2, 2006, to be held on the Lexington High School grounds on Worthen Road. Flag Day Flag Upon motion duly made and seconded it was voted to sign a letter to the McCarty Family presenting the Flag that was flown over the Battle Green on Flag Day, June 14, 2006. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of June 12, 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 land purchase, legal action, and personnel matters with no intent to return to open session. Selectmen’s Meeting – June 26, 2006 Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk