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HomeMy WebLinkAbout2006-08-BOS-min Selectmen’s Meeting August 8, 2006 A regular meeting of the Board of Selectmen was held on Tuesday, August 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; Mr. Lahey; and Ms. Pease, Executive Clerk were present. Mrs. Krieger announced that the meeting was being broadcast live for the first time thanks to LexMedia. Public Comment Noise Barriers Edwin Loturco, Turning Mill Road, announced that he received word today that the State had approved funds for the Route 3 Noise Barriers to be installed. Mr. Loturco felt the project could not have been successful without the help of the Selectmen, Town Counsel, and the State Legislators. Mrs. Krieger thanked the efforts of the neighborhood, Mr. Lahey, and Mr. Galaitsis for the noise analysis. Senior Center Mr. Goell, Foxwood Lane, wanted to clarify his concerns regarding a new senior center. He would like Selectmen and the town to be optimistic about both the DPW and Senior Center. He is concerned about looking at building a Community Center, as that will delay the process more. He would like to have the progress of the Senior Center project tracked and available to the public. Mr. Goell also clarified his points regarding the use of the White House as a senior center. Selectmen Concerns and Liaison Reports Mrs. Krieger will be attending and speaking on behalf of the Town and the Communications Advisory Committee at the Wednesday, August 16, 2006, hearing regarding Verizon’s petition regarding the cable licensing television process applicable to competitive providers of cable television services. The Town would have no say if the Department of Telecommunications and Energy, Cable Television Division grants the petition. Grant of Location – Keyspan - Valleyfield Street Upon motion duly made and seconded, it was voted to install and maintain approximately 130 feet of 6” gas main in Valleyfield Street, from the existing 6” gas main in Valleyfield Street at house No. 62 south to House No. 66. Selectmen’s Meeting – August 8, 2006 Commitments and Adjustments of Water/Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments and adjustments of water and sewer charges: Commitment of Water/Sewer Charges for July 2006 (Cycle 9) $245,178.61 Commitment of Water/Sewer Charges for 7/1/06 through 7/31/06 (Final bills) $7,775.19 Upon motion duly made and seconded, it was voted 4-1 (Cohen abstained) to approve the following commitments and adjustments of water and sewer charges: Adjustments of Water/Sewer Charges for the period from 5/1/06 to 5/31/06 -$39,272.55 Housing Partnership Board – Request for Allocation of HOME Funds Mr. Bicknell, Housing Partnership Board, came before the Selectmen to request approval of a yearly action plan and to endorse the spending plan. The Housing Partnership Board voted to apply this year’s HOME funds to support the Douglas House project. After Selectmen’s approval of the funds the Planning Department will conduct an environmental assessment and then will advertise for public comments. After that process the Selectmen will be asked to send a letter of support. HUD will also have a comment period before approving the release of funds. Rachael Dorr, representing the Douglas House project, provided information on the funding of the project. The project has been discussed with the Historic Districts Commission, Planning Board, Housing Partnership Board and necessary state agencies. They hope to begin construction in December. Upon motion duly made and seconded, it was voted to approve the FY2007 Lexington HOME Program Funding Plan presented by the Lexington Housing Partnership in their letter of August 3, 2006, including the allocation of $54,721 to the Supportive Living, Inc. project for Douglas House conditioned on HUD’s approval to release the funds after an Environmental Assessment is complete. Grant Street Sewer Update Mr. Hadley, DPW Director, updated the Board on the sanitary sewer study/elimination of overflows analysis that is being done by Tutela Engineering Associates, Inc for the Colony/Grant Street/Saddle Club Road area. Mr. Hadley has had discussions with FEMA regarding the spring rain storms and Lexington has applied for $72,580 in reimbursements and hopes to receive 75% of that amount. Selectmen’s Meeting – August 8, 2006 Mr. Meehan, Superintendent of Water and Sewer, has spoken with some of the residents affected and offered assistance. Affected residents have also been canvassed by FEMA and told that they are eligible to apply for reimbursement for any damage/cleanup costs. Corrective action on the Colony/Grant Street problem may require pipe work, possibly on the Fiske School site. There would have to be a warrant article to accomplish this. If residents want to have check/gate values installed they need to apply for a plumbing permit; check/gate values do not conflict with regulations. Keyspan Repair Update Mr. Hadley, DPW Director, reported that the Town and Keyspan have agreed to a scope of work plan; they still need to negotiate unit cost. Meanwhile road repair has begun on several streets and DPW has two paving companies working on the street repairs/repaving. Permanent Building Committee – DPW Facility At Goal Setting the question was asked regarding the amount of time it will take to put the project out to bid once Town Meeting and the voters approve funding. The architects provided the following schedule: 1. Construction Documents 4-6 months 2. Bid Process 2.5 months 3. Mobilization 1 month Mr. Poinelli, Permanent Building Committee, stated that they will need to request an additional $1.2 million at a fall Town Meeting to hopefully complete the construction documents in time for the Annual Town Meeting to vote authorizing an appropriation of funds. There would then need to be a debt exclusion vote in June. Mr. Kelley does not want to spend any additional funds that may be authorized by Town Meeting until Town Meeting and the voters have approved of the project. Selectmen are concerned about the escalating cost of the project, now estimated at $30 million, as stated by Mr. Kelley. Mr. Poinelli hopes to be able to present the different areas involved in the project to the Selectmen within 10 days. There needs to be further discussion about the timeline of the project in the near future. Selectmen’s Meeting – August 8, 2006 Sidewalk Cost Analysis Mr. Hadley, DPW Director, presented cost information on installing brick and/or concrete sidewalks on Mass. Avenue from the Library to Waltham Street. Mr. Hadley has contacted other communities and reports that if brick is installed properly maintenance costs are lower than for maintenance of concrete. The cost of concrete is less, but maintenance is more than brick. Colin Smith, Chair of the Design Advisory Committee, provided examples of wire-cut brick and city paver bricks. Wire-cut bricks are more uniform with a flatter surface and can be placed closer together. Mr. Hadley assured the Selectmen that his staff would be able to maintain the brick sidewalk and they have begun to put aside money for maintenance of sidewalks. Members of the Tree Committee and Town staff looked at the trees that would be affected and it was decided that some trees would need to be replaced and some of the tree wells would need to be increased in size. The cost to irrigate the tree wells is expensive. Sue Cusack, Commission on Disability, is concerned about brick. Brick is not inviting to people with disabilities. Bricks have much more vibration than concrete. The Commission also does not believe that the maintenance of brick is less than concrete and will try to provide data showing that brick is more expensive to maintain. Maryann Lazarus, Sidewalk Committee, felt there were more issues that needed to be discussed: 1) what is the scope of this project, does it include the corner at Waltham Street?; 2) there are currently places where trees used to be; what is the overall design effort to replace; 3) for people with disability, certain colors of concrete are easier to see in shade; and 4) what are the costs for the different schemes. A majority of the Selectmen are not prepared to vote on sidewalk material and need to define what information they would like to receive, but definitely need information on potential maintenance costs for concrete and brick. It was suggested that there needs to be a joint meeting between the Selectmen, Design Advisory Committee, and the Commission on Disability. Center Parking Meter Conversion Request Great Harvest Bread Company requested that two parking meters in front of their store be converted to 15-minute meters to provide for rapid turnover of a few parking spaces. The Lexington Center Committee and the Police Department reviewed the request. It was recommended that two (2) 30-minute spaces be approved. Selectmen’s Meeting – August 8, 2006 Upon motion duly made and seconded, it was voted to convert the first two metered spaces on Massachusetts Avenue east of Waltham Street, on the south side, from two-hour to 30- minute spaces. Letter Re: Intersections Along Route 2A Mr. Canale drafted a letter for the Board’s approval that includes comments on the Boston MPO 2007 Transportation Improvement Program. Comments are due by August 15, 2006. Comments include Route 2A/Waltham Street, Hartwell Avenue Improvements, and Route 2 Crosby’s Corner. The Boston MPO must approve all federal transportation and MassHighway money requests. Upon motion duly made and seconded, it was voted to sign and send a letter to the Boston MPO regarding the Town of Lexington’s comments on the TIP draft document. Ice Cream Truck Permits Some Selectmen felt the ice cream trucks created an enormous problem and should be prohibited. Others felt there was a market for the product and the process we have gone through was a learning experience. Most importantly we will be assuring the safety of the public. It is recommended that the permit be for selling ice cream products and drinks only. Upon motion duly made and seconded, it was voted to approve two (2) ice cream truck permits for Mo’s Ice Cream trucks to park at the Town Pool on assigned days, Town Baseball Fields, Lincoln Field and the Reservoir and to sell only ice cream products and drinks through October 31, 2006. Upon motion duly made and seconded, it was voted to approve one (1) ice cream truck permit for Boston Snack Foods & Concessions to park at the Town Pool on assigned days and at the Lincoln Field and to sell only ice cream products and drinks through October 31, 2006. Limousine License Renewal – Back Bay Sedan Services Upon motion duly made and seconded, it was voted to approve the application and issue a Limousine License to Back Bay Sedan Services, d/b/a Fusco Ltd., 88 Reed Street, pending inspection approval of the vehicle by the Police Department. Selectmen’s Meeting – August 8, 2006 Class II License Request – Lexington Auto Group, LLC, 1095 Mass. Avenue Upon motion duly made and seconded, it was voted to approve the application and issue a Class II license for Lexington Auto Group, LLC, 1095 Massachusetts Avenue with the condition that no vehicles be stored on the premises. Selectmen Appointments/Resignations Noise Advisory Committee Upon motion duly made and seconded, it was voted to appoint James Sheehy to the Noise Advisory Committee for a 3-year term to expire September 30, 2009. Town Report Committee Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to accept, with many thanks, the resignation of Kerry Brandin from the Town Report Committee, effective immediately. Lexington Bicycle Advisory Committee Upon motion duly made and seconded, it was voted to accept the resignation of Erna Greene from the Lexington Bicycle Advisory Committee, effective immediately. Upon motion duly made and seconded, it was voted to appoint George Gagliardi to the Lexington Bicycle Advisory Committee to fill the unexpired term of Erna Green until September 30, 2008. Town Manager Reappointments Recreation Committee Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of Sandra Shaw to the Recreation Committee for a 3-year term to expire April 30, 2009. Council on Aging Upon motion duly made and seconded, it was voted to approve the Town Manager’s reappointment of Marian A.O. Cohen to the Council on Aging for a 3-year term to expire May 30, 2009. FY2006 Salary Transfer Account Request Upon motion duly made and seconded, it was voted to approve salary transfers from line- item 2320 in the amount of $41,513 to line-item 4200, Fire Personal Services. Selectmen’s Meeting – August 8, 2006 Consent Agenda Minutes Upon motion duly made and seconded, it was voted to approve the minutes of July 10, 2006, July 11, 2006 and July 17, 2006. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of July 10, 2006 and July 17, 2006. Sign Warrant for September 19 State Primary Upon motion duly made and seconded, it was voted to sign the warrant for the September 19, 2006 State Primary. Dissolve Met State Hospital Land Task Force Upon motion duly made and seconded, it was voted to dissolve the Met State Hospital Land Task Force and rescind the designation as Special Municipal Employees. Approval of Driveway Easement, 1888 Massachusetts Avenue Upon motion duly made and seconded, it was voted to approve a driveway easement for 1888 Massachusetts Avenue. Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting August 28, 2006 A regular meeting of the Board of Selectmen was held on Monday, August 28, 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. Public Comment Mr. Goell attended a School Committee meeting and believes that the White House will not be included in the School Committee’s study. He suggests that Mr. Cohen and Mr. Manz look into the White House as an option for a new senior center. Selectmen Concerns and Liaison Reports Mrs. Krieger recognized Bethan Jones from the Lexington Minuteman. She is leaving the Minuteman to return to graduate school. The Board thanked Bethan for her conscientious reporting. Town Counsel updated the Board on a few lawsuits: a summary judgment in favor of the Town came on August 8 on the Warner/HDC case; also received a summary judgment in favor of the Town on the Grandview Housing/Planning Board case; and a motion to dismiss has been filed in the Parker/School Committee case and will probably be argued in October. Town Manager Report Mr. Valente updated the Board on the Massachusetts School Building Authority’s (MSBA) audit of the high school and middle school project, which the Town challenged. As a result, the Town will receive an additional $1 million, which will be used to pay off the school building debt. The balance of the reimbursement payment after paydown will be $453,941 exempt, which will be applied to other excluded debt, and $1,832,659 non-exempt, which will go to free cash. Mr. Cohen thanked Mr. Valente, Mr. Addelson and all the staff that worked on the audit instead of just accepting the MSBA’s audit. Mr. Valente described a new MSBA program where certain projects can borrow through the state at a low rate (2 to 2.5 percent). The Town has filled out the application for the Fiske school and submitted it. Expect to hear within a month if the Town is eligible. Selectmen’s Meeting – August 28, 2006 Grant of Location – Verizon Upon motion duly made and seconded, it was voted to approve the petition of Verizon New England, Inc. for permission to locate and/or relocate a line of wires, cables, poles and other such sustaining and protecting fixtures to be owned and used by the petitioner, along the following public way: Concord Avenue on the southwesterly side of Concord Avenue, near its intersection with Metropolitan Parkway North, place a new pole and anchor guy, at a point 40 feet (+) southwesterly of pole 21/54; also place an anchor and guy, southwesterly from the proposed new pole, at a distance of 8 feet (+), subject to Engineering confirming location information. Liquor License – Package Store – Niki’s Liquor Upon motion duly made and seconded, it was voted to approve the application and issue a license for an all alcoholic liquor retail package goods store to Nikita Industries, Inc., d/b/a Niki’s Liquors, 1726 Massachusetts Avenue, subject to the Selectmen receiving proof of Alcohol Awareness training for the manager and all staff. Commitment of Water/Sewer Charges Mr. Pagett requested that prior to rate setting this year the Board receive information on sales that would include a summary comparison of projections for determining income, what commitments and abatements have been given and how all the information compares to the dollars budgeted. Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments of water and sewer charges: Commitments of Water/Sewer Charges for June 2006 (Cycle 9) $139,911.75 Commitments of Water/Sewer Charges for 6/1/06 through 6/30/06 (final bills) $4,928.78 Communications Advisory Committee – Verizon License Dave Buczkowski, representing the Communications Advisory Committee, updated the Board on negotiations with Verizon for a license agreement. Negotiations are almost complete except for a few items that need to be worked out, including the length of the license, the annual cap on Liquidated Damages and surrender of License. Mr. Buczkowski requested that the Board vote to schedule a public hearing. Upon motion duly made and seconded, it was voted to recommend that the Communications Advisory Committee proceed with a public hearing to process the cable contract with Verizon. Selectmen’s Meeting – August 28, 2006 Ms. Canale, Chair of the Communications Advisory Committee (CAC), updated the Board of the Cable Division’s request for additional information from the Town and Verizon in regards to the petition for a competitive franchising rulemaking. The CAC is crafting answers, which will be reviewed by the cable counsel, and then the Selectmen will need to approve prior to the September 13 deadline for submission of information. Trustees of Public Trusts – Acceptance of Lexington High School Music Endowment Upon motion duly made and seconded, it was voted to accept the terms of the Lexington High School Music Endowment Fund to be managed by the Trustees of Public Trusts. Lexington Bicycle Advisory Committee – Safety on Hartwell Avenue Stew Kennedy, Chair of the Lexington Bicycle Advisory Committee, presented the Board with a memo asking that immediate action be taken to mitigate the significant safety issues for bicycle commuters and pedestrians who travel on Hartwell Avenue. Specifically, they recommend a traffic study, re-striping, and new signage be done as an interim solution until the road can be modernized to be safe. The Traffic Mitigation Group reviewed the recommendations and do not feel the re-striping and signage would be adequate to improve safety and thus do not recommend. Money would need to be found in order to do the traffic study. Selectmen wondered if Hartwell businesses would be interested in participating in the financial needs. Most Selectmen agree there are safety issues and that a traffic study needs to be done to get a proper analysis of the situation. The Board questioned what the cost of a traffic study would be and discussed the possibility of putting an article in the next warrant for a town meeting. Mr. Manz felt that since Hartwell Avenue is really a two-lane road being used as a four lane road to the near exclusion of pedestrians and cyclists, he urged that more attention be paid to a short-term solution to establish safer use for all. Mr. Valente will discuss with the Police Department the possibility of some enforcement on Hartwell Avenue which all felt would help the safety situation. Jeff Roth, who works at Lincoln Labs, stated that the businesses support the bikers and may be interested in funding a study. The Selectmen agreed to look at increasing enforcement and finding possible funds. Selectmen’s Meeting – August 28, 2006 Goal Setting Selectmen continued Goal Setting discussions: 1. Discuss options for scheduling future override elections before Town Meeting and frame the parameters for a public process and schedule to consider potential changes and determine the feasibility of changing the schedule for the FY2008 budget process, giving specific consideration to the timing of the DPW facility debt exclusion – Majority of Selectmen feel there are too many cons to changing. Selectmen agreed to get information from Towns using model and then discuss, but cannot be done for FY2008. 2. Review opportunities for reducing the dependence on residential property tax revenue by scheduling a discussion of PILOTS and reviewing policies regarding fees and fines – Selectmen do not feel the Town has the resources and time to explore this in depth, or that the return would be enough. They would like to see a PILOT for Lincoln Labs. 3. 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 and determine the feasibility of bringing any specific proposal(s) to the 2008 Annual Town Meeting – Selectmen support and have commitment to examine over next year. 4. 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. Develop a time line for understanding needs and establishing framework – Need to hear from the School Committee what action they are planning for the School Administration Building. Also need to know what the cost estimates are for the new construction. 5. Selectmen discussed the Hartwell Avenue compost facility, including revenue- generating potential, customer service issues, and a business plan for expanded operations – Selectmen requested a report that updates the business plan developed two years ago and addresses the concerns and questions raised at that time. It should include information to clarify costs/revenues and identify potential for generating revenue. 6. Consider the recommendations of the Human Services Committee and discuss related social services needs – Selectmen requested analysis from staff suggesting programs. Selectmen’s Meeting – August 28, 2006 7. 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 and use of the results for future discussions of parking in the Center – Selectmen would like to determine if a Parking Structure is feasible and if it is needed. Pagett/Manz will lead. 8. Clarify the process of how citizen inquiries to the Selectmen are responded to and how staff response is obtained – Krieger/Cohen will come up with process. The rest of the goals will be discussed at a future Selectmen meeting. Selectmen Appointment – Town Celebrations Subcommittee Upon motion duly made and seconded, it was voted to appoint Paul Campbell to the Town Celebrations Subcommittee for a one-year term to expire on June 30, 2007. FY2008 Street Acceptance Schedule Upon motion duly made and seconded, it was voted to accept the FY2008 Street Acceptance Schedule as drafted by the Engineering Department and dated August 8, 2006. Revised Policies for Approval The Policy Manual Committee has reviewed and amended the Burglar and Fire Alarm Regulation and the Criteria for Committee Membership Policy and has created the Town Seal Use Policy and the Recycling and Waste Prevention Policy and requests the Board’s approval for each one. Burglar and Fire Alarm Policy Upon motion duly made and seconded, it was voted to approve the Burglar and Firm Alarm Policy as amended. Criteria for Committee Membership Policy Mr. Pagett objects to taking out the term limits for the Town Celebrations Committee and the Trustees of Public Trusts. He feels that there needs to be regular turnover of volunteers instead of reappointing those already on the committee. Upon motion duly made and seconded, it was voted 4-1 (Pagett opposed) to approve the Criteria for Committee Membership Policy as amended. Town Seal Use Policy Upon motion duly made and seconded, it was voted to approve the Town Seal Use Policy as presented. Selectmen’s Meeting – August 28, 2006 Recycling and Waste Prevention Policy Upon motion duly made and seconded, it was voted to approve the Recycling and Waste Prevention Policy as presented. Consent Agenda Minutes Upon motion duly made and seconded, it was voted to approve the minutes of August 8, 2006. Battle Green Use – Lexington Minute Men Upon motion duly made and seconded, it was voted to approve the request of the Lexington Minute Men to hold its biennial Installation of Officers Ceremony on Sunday, September 17, 2006 from 2:00 p.m. to 4:00 p.m., including musket firings as well as cannon salutes. Proclamation – Constitution Week Upon motion duly made and seconded, it was voted to sign a proclamation for Constitution Week from September 17 to 23, 2006. Executive Session Upon motion duly made and seconded, it was voted by roll call to go into executive session for the purpose of contract negotiations and real estate property issues, with no intent to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 11:05 p.m. A true record; Attest: Lynne A. Pease Executive Clerk