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HomeMy WebLinkAbout2006-07-BOS-min Selectmen’s Meeting July 10, 2006 A regular meeting of the Board of Selectmen was held on Monday, July 10, 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 After reading a letter received anonymously, Mrs. Krieger responded that the Selectmen have made themselves much more available by each having office hours and following up on citizen’s requests and also that the office is open until 4:30 every day. Selectmen Concerns and Liaison Reports Many citizens have spoken to Mr. Cohen regarding the state of the roads and when they will be repaired. He requested that somehow the citizens be informed. The Selectmen decided that if e-mail is sent to all Selectmen and it needs to be responded to, that the Chairman will assign and delegate the task to a particular Selectman depending upon the subject. Mr. Manz also asked about when the roads affected by the Keyspan incident will be fixed and how best to let the citizens know what will be fixed and when. Mr. Valente reported that information will be in the news and on the Town web page soon and that the Town is requesting that Keyspan provide payment for what they are responsible for repairing. The Town Manager will get back to the Selectmen with information on what roads will be repaired and in what order the work will be done and if the work can be completed before winter. Town Manager Report Mr. Valente informed the Board that Keyspan would be replacing a gas main along Massachusetts Avenue between Cary Hall and Muzzey Street in the near future. The work will be done between 9:00 p.m. and 7:00 a.m. Hearing – Flammable Storage License – Avalon Garage Michael Roberts, AvalonBay Communities, Inc., came before the Selectmen requesting approval of a Flammable Storage License for vehicles that will be in the garages at Met State. Fire Chief Middlemiss has reviewed the plans and confirmed that they comply with the regulations. Selectmen’s Meeting – July 10, 2006 Upon motion duly made and seconded, it was voted to approve a Flammable Storage License for Avalon Bay Communities, Inc. for aboveground and underground storage of gasoline in a total of 158 automobiles located in six (6) parking structures at the Metropolitan State Hospital Main Campus Site at the South Building and the CTG Building. Communications Advisory Committee – LexMedia Evaluation Ms. Canale, Chairman of the Communications Advisory Committee (CAC), discussed the process that will be followed to evaluate LexMedia as required by the contract. CAC has appointed an ad hoc committee to review the LexMedia contract and RFP, to put together a process for the required public hearing and to recommend criteria. The ad hoc committee will provide all of the above information to the Selectmen for review and ask for feedback. The performance evaluation period will be from October 1, 2005 to September 30, 2006. The public hearing will be planned for sometime in November 2006. The CAC requested that a letter be sent to LexMedia to inform them of the process and criteria. Upon motion duly made and seconded, it was voted to send a letter to the LexMedia Board of Directors informing them about the upcoming performance evaluation. Anti-Idling Committee – Signage Tony Galaitsis, Ingrid Klimoff, and Anne Kelly, members of the Article 40 Idling Committee, came before the Board to request approval for the placement of 81 anti-idling signs within the Historic Districts (29 locations), on School Properties (38 locations), and at Town Sites (14 locations). Signs will be put on existing poles and no new poles will be added. Approval is still needed from the Historic Districts Commission and the School Committee for some of the signs. The Committee feels that it is very important to be very vigilant in stopping cars from idling and their goal is to evaluate the signage in 6 months. To help the program, the police department has agreed to put notices on cars that are idling saying it is against the law. Mr. Pagett is appalled at the number of signs requested and feels Lexington is already cluttered with signs. Mr. Kelley does not think parents will notice signs at the schools and feels the best way to get the parents to stop idling is by sending home educational information with the children. Committee members stated education would be part of the anti-idling program. Mrs. McKenna, Chair of the Tourism Committee, requested that the Board not approve the signs in the historic areas until an overall integrated plan is in place for all signage in the historic areas. The Tourism Committee and the Anti-Idling Committee need to meet to discuss signage in the historic areas. Selectmen’s Meeting – July 10, 2006 It is important that the anti-idling signs be installed at the schools prior to when school starts in the fall. Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to approve the recommended locations (52 signs) for the anti-idling signs at the schools and town locations and endorse the anti-idling signs to be installed in the historic areas pending coordination with the Tourism Committee. Marrett Road/Spring Street Intersection Thomas Stokes, Howard/Stein-Hudson Associates, Inc., discussed the recommendations for improving the Marrett Road/Spring Street intersection. The majority of the Planning Board supports the recommendations to make geometric improvements to the intersection and to add signalization. It is proposed to do the project in two-phases. Part of the project would include curbing, sidewalks and crosswalks. The project can be done without any land taking. The Selectmen suggested that the neighbors and appropriate Town departments be provided with information regarding the signalization plan and that the project be presented to MassHighway. The Selectmen would like to have this project on the fall Town Meeting agenda, if Town Meeting action is necessary. Next step is to complete the PNF and submit to MassHighway as a conceptual plan to try and get the project on the Transportation Improvement Plan list. Upon motion duly made and seconded, it was voted 3-2 (Kelley and Pagett abstained) to proceed with the recommendations for the Marrett Street/Spring Street intersection and to complete and submit a PNF. Appointment of Election Workers Upon motion duly made and seconded, it was voted 4-1 (Cohen abstained) to appoint Election Officers (28 Republicans, 73 Democrats and 76 Unenrolled registered voters) for the period beginning September 1, 2006 and as listed by the Town Clerk in a memo dated July 7, 2006. Appointment of Special Municipal Employees Mr. Valente explained that during the conceptual design phase of the DPW facility, a question came up regarding Mr. Bitsko, who is a member of the Conservation Commission. Mr. Bitsko is a part of the HKT design team because he is employed by the company that was hired by HKT. Because the DPW project will require the project team to go before the Conservation Commission, Mr. Bitsko and the Town Manager contacted the Ethics Commission and were advised that: Mr. Bitsko cannot participate in deliberations or vote on the DPW project as a Conservation Commission member; and Mr. Bitsko and/or his firm Selectmen’s Meeting – July 10, 2006 may appear before the Conservation Commission regarding the project and that the entire HKT design team should be designated “special municipal employees” for the purpose of the DPW project only. Mr. Pagett is concerned with employees being allowed to provide consulting services to commissions on which they serve. He feels it is bound to affect how the commission reviews and votes on such projects. Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to designate the HKT Design Team, including its consultants from other firms, as Special Municipal Employees for the limited purpose of the DPW facility design, contract oversight and administration. Appointment/Reappointments Town Celebrations Committee Upon motion duly made and seconded, it was voted to reappoint the following members to the Town Celebrations Committee for 3-year terms to expire June 30, 2009: Suzanne Barry Sally Fisher Jo-Anne Granger Sondra Lucente Sandra Podgorski Robert Tracey Upon motion duly made and seconded, it was voted to reappoint the following members to the Town Celebrations Subcommittee for 1-year terms to expire June 30, 2007: Paul Jenkins Julie Miller William Mix James Shaw 2020 Vision Committee Upon motion duly made and seconded, it was voted to appoint Gerald Lacey to the 2020 Vision Committee for a 3-year term to expire September 30, 2009. Lexington Bicycle Advisory Committee Upon motion duly made and seconded, it was voted to appoint Angela Frick to the Lexington Bicycle Advisory Committee as an Honorary Member. Selectmen’s Meeting – July 10, 2006 Lexington Council for the Arts Upon motion duly made and seconded, it was voted to appoint Mary Whalen Trometer to the Lexington Council for the Arts for a 3-year term to expire September 30, 2006. Ice Cream Trucks The Selectmen received a request from Boston Snack Foods to stop at the Town Pool and Lincoln Field to sell ice cream products. There is currently an ice cream truck that has received a food permit from the Health Department, but does not have a permit from the Selectmen. The Selectmen felt it was important to have a set of standards for all ice cream trucks. In order to receive a permit to sell ice cream products, the following conditions must be met: 1. Vehicle inspection report by the Police Department; 2. Driver history check by the Police Department; 3. Criminal Record check by the Selectmen’s Office; 4. Provide a copy of the approved Health Department food permit; 5. Provide proof of $1 million general liability insurance; 6. Provide Trash receptacle outside the vehicle when vehicle stopped and then remove trash receptacle when leaving; 7. Vehicle cannot park in any parking spots, including handicap spots; 8. Only one vendor at a time is allowed to park at a recreation area; 9. A CORI-approved licensed driver must remain with the vehicle at all times; 10. No smoking is allowed in or outside of the vehicle; 11. List of all employees that may work and/or drive the vehicle; and 12. Check made payable to the Town of Lexington for $50 for the season March to October. Upon motion duly made and seconded, it was voted to provide Boston Snack Foods an Ice Cream Truck permit to sell ice cream products at the Town Pool and Lincoln Field for the period July through October 2006. Consent Agenda ICMA Conference Approval Upon motion duly made and seconded, it was voted to approve the request of Mr. Valente to attend the ICMA Conference in September. Use of the Battle Green – France Legion of Honor Ceremony – Change of Date Upon motion duly made and seconded, it was voted to approve the request of the France Legion of Honor to use the Battle Green for a ceremony on Saturday, October 14, 2006, at 11:00 a.m. (change of date from October 21). Selectmen’s Meeting – July 10, 2006 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of June 26, 2006 Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of June 26, 2006. Cost of Living Adjustment for Non-Represented Employees Upon motion duly made and seconded, it was voted to approve a 2.5% cost-of-living increase for non-represented employees, effective July 1, 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 disposition of land, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 8:55 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Goal Setting Meeting July 11, 2006 A Goal Setting meeting of the Board of Selectmen was held Monday, July 11, 2006, at 9:00 a.m. in the Depot Building. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Ms. Vine, Assistant Town Manager; Ms. McLaughlin, Facilitator; and Ms. Pease, Executive Clerk were present. There was considerable discussion on the following agenda: 1. Review of FY2006 Accomplishments 2. Discussion of FY2007 –2008 Potential Goals a. New Goals proposed by Selectmen, Other Boards and Committees and Staff b. Previous goals from FY2006 still open 3. Review of Staff Organizational Goals 4. Review of Departmental Goals 5. Next Steps a. Schedule Follow-up Meeting to Prioritize Programmatic Goals – scheduled for July 17, 2006 b. Schedule Meeting to Discuss Financial Goals Below is a list of goals/values the Selectmen are interested in pursuing: Financial 1. Working with School Committee and Finance Committees, plan the FY2008 budget schedule to allow adequate time for gap-narrowing discussions with a deadline of distributing the proposed budget to the Finance Committees and Town Meeting members by (date). 2. Discuss options for scheduling future override elections before Town Meeting, and by (date) frame the parameters for a public process and schedule to consider potential changes. Determine the feasibility of changing the schedule for the FY08 budget process, giving specific consideration to the timing of the DPW facility debt exclusion, by (date). 3. Review opportunities for reducing the dependence on residential property tax revenue by (a) scheduling a discussion of PILOTs by (date), and (b) reviewing policies regarding fees and fines by (date). Selectmen’s Goal Setting Meeting – July 11, 2006 4. Collaboratively with the School Committee, establish guidelines for collective bargaining regarding employee compensation (wage and salaries, benefits) by (date). 5. Between now and next summer, sponsor information gathering/analysis and ongoing dialogue with the community and the Planning Board about Lexington's commercial sector and identify options for increasing commercial tax revenues over a multi-year period. Determine the feasibility of bringing any specific proposals) to the 2007 Annual Town Meeting by (date). Facilities Planning & Management 6. Facilitate continued progress toward reconstruction of the remaining 4 elementary schools, the School Administration Building, a new Senior Center, and potentially other public buildings by comprehensively reviewing long-term facility needs and developing an integrated financing strategy. By (date) develop a time line for understanding needs and establishing a framework. 7. Work toward a new Senior Center and/or Community Center that serves needs of community by (a) obtaining consensus on the functional requirements by (date) and (b) following up on recommendations of the Senior Center Siting Committee by (date). 8. By September 15, make key decisions regarding Munroe School: (a) determine whether and on what terms the Arts Council can continue operating there, and (b) develop a plan to resolve both immediate safety concerns and long-term capital improvements issues. 9. Reopen conversations with the School Committee to explore a combined school/municipal public facilities maintenance department, and by (date) identify a time line for reviewing options. 10. Obtain School Committee commitment to undertaking a collaborative, long-term program for energy conservation, and by (date) outline plans for FY07-08. Economic Development & Transportation 11. Request funding at the March 2007 Annual Town Meeting for a feasibility study, for a low-rise parking structure at the Meriam Street parking lot, to be completed by (date), and use the results for future discussions of parking in the Center. 12. After reviewing cost estimates for installation and maintenance of sidewalks on the south side of Massachusetts Avenue, adopt by (date) a policy for Center sidewalks regarding construction design and material. Selectmen’s Goal Setting Meeting – July 11, 2006 Municipal Operations 13. Schedule discussions concerning the Hartwell Avenue compost facility, including revenue-generating potential, customer service issues, and a business plan for expanded operations, at regular Selectmen's meetings in the fall of 2006. 14. Support continued/enhanced municipal/school communication and collaboration, at board and staff level by (date). 15. Consider the recommendations of the Human Services Committee and discuss related social services needs at a meeting in September 2006. 16. Continue consideration of ad hoc Water and Sewer Rate Study Committee recommendations regarding indirect cost analysis, municipal rate structure, abatement policy, and retained earnings analysis by (date). Determine what follow-up action is needed before rate setting for FY2006, and implement changes including establishing an abatement review board by (date). Committees 17. By (date) review and provide appropriate clarification of and/or reinforcement for the function of Selectmen liaisons, level of staff support, committee reporting process, and advocacy role of the following Selectmen-appointed committees: (list) Public Communication 18. Clarify the process of how citizen inquiries to the Selectmen are responded to and how staff response is obtained by (date). 19. Continue support for the planning process to bring the DPW building project before the voters in March of 2007. 20. Proactively communicate to residents on critical issues relating to Town finances, services and programs Other 21. By June 2007, work with the 2020 Vision Committee to identify priority issues for the Lexington 2020 Vision process to address over the next two years. Selectmen’s Goal Setting Meeting – July 11, 2006 Upon motion duly made and seconded, it was voted to adjourn at 12:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting July 17, 2006 A meeting of the Board of Selectmen was held on Monday, July 17, 2006, at 1:00 p.m. in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Pagett, Mr. Cohen, Mr. Manz; Mr. Valente, Town Manager; Ms. Vine, Assistant Town Manager and Ms. Pease, Executive Clerk were present. Goal Setting Based on the Board’s goal setting meeting on July 11, 2006, a list of goals was provided to the Selectmen and prioritized prior to the meeting. The Selectmen discussed what each goal involved, by what date the goals would be completed, and which Selectmen would work on the goal. The following goals were discussed: 1. Establish guidelines for collective bargaining regarding employee compensation - Guidelines should be completed by October 31, 2006 and the entire Board will participate. 2. Make key decisions regarding Munroe School: determine whether and on what terms the Arts Council can continue operating there and develop a plan to resolve both immediate safety concerns and long-term capital improvements issues at Munroe School – Short-term concerns and long-term requirements to be resolved by October 31. Krieger and Pagett will continue as Selectmen leads. 3. Plan the FY2008 budget schedule to allow adequate time for gap-narrowing discussions – Attempt to get budget book to printer prior to February vacation. Krieger will be Selectmen lead and Tom Diaz will lead for the School Committee. 4. Obtain School Committee commitment to undertaking a collaborative, long-term program for energy conservation and outline plans for FY2007-2008. Selectmen requested regular updates. Expect reports late fall and before Town Meeting. Any budget obligations will be provided between the end of October and mid- November. Manz will be Selectmen lead and Krieger will be invited to the Energy Committee meetings. 5. Continue support for the planning process to bring the DPW building project before the voters. Selectmen requested additional information on timing of construction documents. The PBC will provide information to Selectmen at the August 8 meeting. 6. Work toward a new Senior Center and/or Community Center that serve the needs of community by obtaining consensus on the functional requirements and by following up on recommendations of the Senior Center Action Plan Committee - Manz and Cohen will put together a group to review all sites and recommend viable sites and agree what facility should be by the end of December 2006. Selectmen’s Meeting/Goal Setting – July 17, 2006 7. Reopen conversations with the School Committee to explore a combined school/municipal public facilities maintenance department – Kelley and Krieger will plan a meeting within the next couple of weeks which will include the Town Manager, School Superintendent or designee from School Committee, Permanent Building Committee, DPW Director and Director of Facilities for the Schools to discuss a combined school/municipal public facilities maintenance department. Report back to Selectmen no later than October 1, 2006. 8. After reviewing cost estimates for installation and maintenance of sidewalks on the south side of Mass. Avenue, adopt a policy for Center sidewalks regarding construction, design and material – Selectmen requested that the Town Manager ask the DPW Director to report to the Selectmen at its meeting on August 8 regarding the cost analysis for sidewalk work in center. 9. Proactively communicate to residents on critical issues relating to Town finances, services and program – Selectmen will continue the “Lexington Selects” program, will do routine op eds regarding services and town finances and will make information readily available to citizens. Cohen and Valente will lead. 10. Continue consideration of ad hoc Water and Sewer Rate Study Committee recommendations regarding indirect cost analysis, retained earnings analysis, abatement policy and municipal rate structure and determine what follow-up action is needed before rate setting for FY2006, and implement changes including establishing an abatement review board. The Selectmen authorized the Town Manager to engage external auditor to complete the reserve fund audit prior to rate setting this fall – Mr. Valente suggests engaging the current auditor to look into the $400,000 discrepancy in the retained earning calculation between now and November 2006. Mr. Valente will look at the indirect cost analysis. Selectmen would like a 3-person Abatement Policy Board appointed. Selectmen will work with the abatement board and staff to come up with policy for the Board to approve. Mr. Valente will provide the Board with a suggested charge. Selectmen would like the Abatement Board in place by the end of November 2006. Pagett will lead. Mr. Valente needs more time to think about the municipal rate structure and would like to put off until rate setting in 2007. The remaining goals will be discussed at the Selectmen’s Meeting on August 8, 2006. Ice Cream Trucks Since approving a permit for an ice cream truck at the Town Pool, there have been problems with more than one vehicle being in the parking lot and concern for citizen and children’s safety. Mrs. Krieger read the revised list of criteria: 1. Adhere to all Health Department Requirements for food service; 2. Vehicle inspection by the Police Department; 3. Driver history check by the Police Department; 4. Criminal Record (CORI) check by the Selectmen’s Office; Selectmen’s Meeting/Goal Setting – July 17, 2006 5. Provide a copy of the approved Health Department food permit; 6. Provide copy of State Hawkers/Peddlers License; 7. Provide proof of $500,000 general liability insurance; $500,000 vehicle insurance and the Town must be named as an additional insured on both general liability insurance and vehicle insurance; 8. Provide trash receptacle outside the vehicle when vehicle stopped and then remove trash receptacle when leaving; 9. Vehicle cannot park in any parking spaces, including the handicap spaces; 10. Only one vendor at a time is allowed to park at a recreation area; 11. A CORI-approved licensed driver must remain with the vehicle at all times; 12. No smoking is allowed in or outside of the vehicle; and 13. Must follow all requirements of Mass. General Laws Chapter 101. The Selectmen also decided that a schedule was needed and would be provided to each ice cream truck vendor that would indicate which day they could be at the pool parking area. The designated spot to park in the pool lot is in the space in front of the basketball court. This does not preclude the ice cream trucks from parking on the street, but the location must be safe and the truck must comply with the restrictions on street parking. If the schedule is not followed the Selectmen may take the privilege of parking in the lot away from the ice cream truck vendors. The Selectmen made it clear to each ice cream truck owner that if necessary additional conditions would be added to the requirements for receiving an ice cream truck permit. Each vendor must provide all criteria prior to the Selectmen’s August 8 meeting in order to receive a permit for an ice cream truck to park on Town areas. Upon motion duly made and seconded, it was voted to approve the criteria for an ice cream truck permit and to schedule days for each vendor to park in the pool lot and if schedule not followed the ice cream truck vendor could lose the privilege of parking in the lot. Vendors must provide proof of compliance prior to the August 8 Selectmen meeting. Next year the Selectmen will consider sending out an RFP for ice cream vendors. Letter Regarding Surplus Land Disposition Mrs. Krieger requested the Board’s approval to send a letter to the Legislature’s Surplus Land Conference Committee requesting that the final Bill include legislative approval of any sale of surplus land. Upon motion duly made and seconded, it was voted send a letter to the Surplus Land Conference Committee and Lexington’s Legislators asking that legislative approval in the disposition of surplus state land be required. Selectmen’s Meeting/Goal Setting – July 17, 2006 Common Victualler License – Ixtapa Cantina Mexican Family Restaurant On May 15, 2006 the Board approved a provisional Common Victualler License for Ixtapa to allow them time to receive a special permit from the Board of Appeals. The Board of Appeals has since approved a Special Permit for Ixtapa. Upon motion duly made and seconded, it was voted to approve the application and sign a Common Victualler license for Green Pepper, Inc., d/b/a Ixtapa Cantina Mexican Family Restaurant. Executive Session Upon motion duly made and seconded, it was voted by roll call to go into executive session for the purpose of collective bargaining and litigation, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 4:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk