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HomeMy WebLinkAbout2000-07-BOS-minSelectmen's Meeting Minutes July 10, 2000 A regular meeting of the Board of Selectmen was held on Monday, July 10, 2000 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mrs. Eddison, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Bigelow Moore spoke about the loss of between 100 to 200 parking spaces in the Center of Town over the last nine years. DPW has a waiting list of 65 for parking permits in the Center. Mrs. Krieger thanked Mr. Moore and indicated that one of the areas the Board will be looking at in its Goal Setting meeting is the parking in the Center both in terms of long term and short term solutions. Consent Agenda Center Playground Ball Field Lights Upon motion duly made and seconded, it was voted to approve the request from the Lion's Club to extend the hours of lighting at the Center Playground for the safety of the people working at the Carnival from June 30 through July 4. Notification of Lease of State Owned Propert y Upon motion duly made and seconded, it was voted to approve the request from the Massachusetts Division of Capital Asset Management for a waiver of the 120 day notification period and allow for a 60 day notification period regarding the lease of surplus state -owned land located on Route 128 North in the town of Lexington to McDonald's Corporation. Battle Green Guides Upon motion duly made and seconded, it was voted to issue Battle Green Guide licenses to Jacqueline Davison and Tom Hughes. Traffic Safety Rules and Orders Upon motion duly made and seconded, it was voted to sign Traffic Rules and Orders to provide for No Parking on Winthrop Road, Baskin Road, Bushnell Drive and Lincoln Street as recommended by the Traffic Safety Advisory Committee. Town Office Complex Parking Town Engineer Peter Chalpin reviewed a proposed parking plan for the Town Office Complex that would be in effect while the Library is located in Cary Memorial Building. The plan calls for resigning and relining the entire complex to provide for a combination of parking spaces for a typical day totaling 232. The plans call for two drop boxes in front of Cary Building, one for the Library and one for the Tax Collector. Selectmen's Meeting — July 10, 2000 Mrs. McKenna asked whether they had looked into satellite parking. Mr. Chalpin and Mrs. Crew Vine indicated they had but found it did not prove to be cost effective, but were providing free passes on Lexpress and the MBTA. Mrs. McKenna indicated she would like to see satellite parking looked into father; Mrs. Krieger and Mr. Enrich also felt it would be worthwhile to look into. Mrs. McKenna also suggested that curbing be installed along Fletcher Ave. to prevent parking of cars on the grass. Upon motion duly made and seconded, it was voted to authorize the Engineering Department to go forward with the plan subject to some potential modifications and to further look at satellite parking. Lexington Meeting Ground Committee Update re Creche on the Battle Green Rev. Chris Haydon, Pastor of the Trinity Covenant Church and President of the Lexington Clergy Association, updated the Board on meetings conducted by the Lexington Meeting Ground Committee regarding the Creche on the Battle Green. Last year the Meeting Ground Group recommended a reduced period of time for the 1999 holiday season. The Board at that time asked the Committee to bring in a larger, more diversified group to come up with a more permanent recommendation to the Board; however, the Committee could not come up with any other recommendation for the Board to consider. Mrs. Krieger thanked the Committee for their efforts. It is now in the hands of the Board to use its best judgment and decide the adequacy of the regulations for the permitted use of the Battle Green. Mrs. McKenna expressed her concern that the public has not been given an opportunity to come together and discuss the issue in a public process. Mr. Enrich felt the matter has received an extended public process. The Board is dealing with an issue it understands painfully well. We are at a point where efforts of people of immense good will cannot recommend a solution. That should not be considered a failure. The task proved impossible. Those of us elected by the townspeople need to deliberate amongst ourselves and try and arrive at a decision of this Board. Then we may ask for the help of the Clergy Association to move past that decision and move on to other matters. Mrs. McKenna felt this meeting was to hear from the Meeting Ground Committee and the Board would not be making a decision this evening. Mrs. Abbott agreed that was her understanding also. There was much discussion about the process and whether the Board was prepared to make a decision this evening or at the next meeting. Selectmen's Meeting — July 10, 2000 Upon motion duly made and seconded, it was voted 3 -2 (Mrs. McKenna and Mrs. Abbott) to request that Town Counsel review the Rules and Regulations concerning use of the Battle Green and strengthen the regulations to prohibit the erection of unattended structures on the Green. Appointment of HFAC Representative Chairman Krieger and HATS Chairman Enrich explained that the towns of Lincoln and Bedford have appointed their Selectman HATS representative to HFAC. Michael Barrett has resigned as Lexington's representative to allow for the appointment of Mr. Enrich to HFAC. Mr. Barrett has expressed a willingness to be appointed as Lexington's alternate to HFAC. Mr. Morgenstern, who has applied to fill the position, spoke of his willingness to be appointed and felt he has technical expertise to offer. Board members thanked Mr. Morgenstern and assured him that there would be future openings on HFAC; however, at this time it is critical to have a Selectman representative appointed. Upon motion duly made and seconded, it was voted to appoint Peter Enrich as Lexington's representative to HFAC. Upon motion duly made and seconded, it was voted to appoint Michael Barrett as Lexington's alternate representative to HFAC. Amendments to Traffic Rules and Orders Police Chief Chris Casey explained a request for amendments to the Traffic Rules and Orders. Upon motion duly made and seconded, it was voted that Article III § 1(B) of the Traffic Rules and Orders be amended by replacing subsection (B) in entirety with the following: (B) Sections 2 and 3 of Article II and Sections 2 and 5 inclusive and Sections 8 and 9 of Article V relating to parking and Section 17 of Article VIII concerning turning shall be effective only during such time as the provision of such sections are met and the sign or signal is located so as to be easily visible to approaching drivers. Sufficient number of such signs must be provided so that a car cannot be parked in a limited or prohibited parking place without having the legend side of such sign clearly setting forth the parking regulation visible from that location. Upon motion duly made and seconded, it was voted to reconfirm Article X, Section 3 (B) of the Traffic Rules and Orders as follows: (1) Group A: $5 (a) Meter violation. (2) Group B: $15 (a) Within intersection (b) Upon sidewalk or crosswalk (c) Upon a roadway in a rural district. Selectmen's Meeting — July 10, 2000 (d) Right wheels over one foot from the curb (e) Less than 10 feet of unobstructed lane (f) Within 10 feet of a hydrant (g) Upon a private road or across a driveway (h) Within 20 feet of an intersection (i) Upon a street or highway posted no parking 0) Bus stop or taxi stand (k) Loading zone (1) Improper angle parking (m) Safety zone (n) Restricted area (o) Overtime parking violation (p) All -night parking (c) Snow removal (3) Group C: $50 (a) Handicapped parking space violation Upon motion duly made and seconded, it was voted that the Traffic Rules and Orders, Schedule No. 7 — Stop Signs and Yield Signs be amended by deleting any approval for Stop signs at the intersection of Worthen Road and Waltham Street. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of April 10, 2000. Upon motion duly made and seconded, it was voted 4 -0 (Mrs. McKenna abstained) to approve the minutes of the meeting of April 24, 2000. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meetings of May 11 and May 18, 2000. Future Meetings Board members agreed to schedule meetings on August 14, September 11 and September 25. Selectmen's Meeting — July 10, 2000 Auctioneer's License Mrs. McKenna expressed safety concerns about issuing an auctioneer's license at 113 -115 Concord Avenue. Mr. White indicated the Police Department has recommended a Police detail. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to approve the application and issue an auctioneer's license to Fidelity First Financial Corp. for an auction to be held at 113 -115 Concord Avenue on July 29 and July 30, 2000 from 1:00 p.m. to 5:00 p.m. each day. Resignations /Appointments/Reappointments Fair Housing and Human Relations Committee Upon motion duly made and seconded, it was voted to accept the resignation of Keng Hsu from the Fair Housing and Human Relations Committee. Human Services Committee Upon motion duly made and seconded, it was voted to appoint Robert Dentler and Macy DeLong to the Human Services Committee for three year terms expiring September 30, 2003. Noise Committee Upon motion duly made and seconded, it was voted to adopt the charge of the Noise Committee as presented. Upon motion duly made and seconded, it was voted to appoint the following to the Noise Committee: Julian Bussgang, Tony Galaitsis, Ted Page, Andrew McAleer and Martha Wood. Mrs. Krieger will be the Selectman Liaison and Health Director Beverly Anderson will staff the Committee. Water /Sewer Rates Mr. Hadley gave a quick overview of the water /sewer rates and indicated he will be recommending an increase between 2% and 5 %. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs. Eddison, Mrs. Krieger, Mr. Enrich and Mrs. Abbott to go into executive session for discussion of litigation and collective bargaining with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Goal Setting Meeting Minutes July 11, 2000 A goal setting meeting of the Board of Selectmen was held on Tuesday, July 11, 2000 in the Carpenter Room at the Museum of Our National Heritage at 10:00 a.m. Chairman Krieger, Mrs. Eddison, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Staff present at the meeting were: Jack Quinlan, Donna Hooper, Dave Carbonneau, Bill Hadley, Chris Casey, Linda Vine, John Ryan, Carol Mahoney, Karen Simmons, Patrick Leopold, Glenn Garber, Connie Rawson and Jim McLaughlin Mrs. Krieger gave a quick overview and anticipated timetable to review the following agenda items. 1. Construction or Project Updates a. Library /Cary Hall b. Recreation C. Schools d. DPW/Engineering - Traffic Calming 2. School -Town Collaboration a. MIS - Network b. Diversity C. Budget /Schedule d. Construction Management e. Project Management f. Interagency Health Program Evaluation Committee g. Building Maintenance Software 3. Environment a. NESWC b. Recycling -Work Reduction Pay as You Throw 4. Planning a. Strategic Planning b. Planning Department — Comprehensive Plan C. Human Resources — Diversity d. Citizen Communication 1) Citizen's Guide 2) Phone System 3) Web Page 4) External Newsletter a. Construction Update- November, 2000 e. Center 1) Tourism 2) Parking Selectmen's Goal Setting Meeting — July 11, 2000 5. Finances a. Ol 1) 2) 3) 4) )erating Issues Five Year Forecast FY 2002 Revenue Picture FY2002 Expenditure Picture Free Cash/Cash Reserve Updates b. Capital 1) Cash Capital 2) Sidewalks 3) Selectmen Priority — Big Ticket Items for Blue Ribbon Com. During review of the Agenda Items, Board Members agreed to: 1. Maintain the budget process understanding there are limitations with the software 2. Appoint a committee to look at "Pay as You Throw" composing of both proponents and opponents of the method. 3. Appoint a software technical advisory board 4. Undertake a parking study 5. Invite Strategic Working Groups to Selectmen's Meetings 6. Budgeting Process — Ask staff to identify those items they would like to propose if we had funds to throw away and begin to look at problems 7. Look at way we put out information in the Newsletter 8. Capital Projects — Ask for cost of six to ten items on capital project list Mrs. Krieger thanked the staff in attendance and acknowledged that it was a very productive session. Upon motion duly made and seconded, it was voted to adjourn at 3:00 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes July 24, 2000 A regular meeting of the Board of Selectmen was held on Monday, July 24, 2000 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Krieger, Mrs. Eddison, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; and Ms. Pease, Assistant to the Executive Clerk were present. Consent Agenda Water /Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following commitments: Commitment of water charges for 12/1/99 to 12/30/99 Commitment of sewer charges for 12/1/99 to 12/30/00 Commitment of water charges for 1/1/2000 to 1/31/2000 Commitment of sewer charges for 1/2/2000 to 1/31/2000 Commitment of water charges for 1/28/2000 (cycle 03) Commitment of sewer charges for 1/28/2000 (Cycle 03) Commitment of water charges for 1/31/2000 cycle 9) Commitment of water charges for 2/1/2000 to 2/29/2000 Commitment of sewer charges for 2/1/2000 to 2/29/2000 Commitment of water charges for 3/1/2000 to 3/31/2000 Commitment of sewer charges for 3/1/2000 to 3/31/2000 Commitment of water charges for 4/1/2000 to 4/30/2000 Commitment of sewer charges for 4/1/2000 to 4/31/2000 Commitment of water charges for 5/1/2000 to 5/31/2000 Commitment of sewer charges for 5/1/2000 to 5/31/2000 Approve Town Manager Appointment of Acting Town Manager $1,816.21 $4,729.19 $2,760.07 $7,242.87 $954,665.56 $1,716,343.22 $99,720.68 $1,582.02 $3,452.54 $3,268.28 $8,981.78 $12,026.01 $35,865.39 $1,992.33 $4,736.36 Upon motion duly made and seconded, it was voted to approve the Manager's appointment of Linda Crew Vine as Acting Town Manager from November 10 to the close of business November 20. Hearings Water /Sewer Rates Mr. Hadley presented the Fiscal Year 2001 Water /Sewer Rate recommendation to the Board. The Rate Methodology Team's recommendation is to increase the average residential water /sewer bill by 3 percent. No resident would pay more than 8 percent. This recommendation includes the policies implemented at the last rate hearing in January of 1999. Selectmen's Meeting - July 24, 2000 Upon motion duly made and seconded, it was voted to approve the water and sewer rates as presented by Mr. Hadley, Director of Public Works. Battle Green Regulations Bill Lahey, Acting Town Counsel, reviewed the proposed changes to the Battle Green regulations. One change is the addition of an item under Permit Required Activities: displays of a ceremonial nature in connection with special events and limited in duration to the period required for such events. Another change is under Impermissible Activities: placement on the Battle Green of any unattended structure by any private party. The following citizens spoke for keeping the creche on the green: Carolyn Dooley and son Michael, Peggy Lindwall, Lorraine Fournier, Charlene Dorman, Dorothy Boggia, Mike O'Sullivan, Dana Regillo, Mary Ann Hintlian, Jon Levangie, Jane Beauchemin, John Geaghan, Grace Shieh, Dennis Cooke, Fred Trimhold, Shaun Kelly, Tom Wall, Paul Bongiovanni, ; and two unidentified people. The following citizens spoke for taking the creche off the green: Eric Austin, David Kanter, Jeanette Webb, Anne Davies, Steven Tauber, Susan Elberger, Ingrid Klimoff, Sam Silverman, David Kaufman; Michael Bogdanow, and Robert Baltz. Upon motion duly made and seconded, it was voted 4 -1 (with Mrs. McKenna opposing) to adopt the proposed changes in the regulations for the Battle Green as presented with a change to Part p. of Section 4 to read "placement on the Battle Green of any unattended structure by any private party" Class I License - Auto Engineering and Development Upon motion duly made and seconded, it was voted to approve the application and issue a Class I license for the sale of used cars by a new car dealership. Resignations /Appointments/Reappointments Upon motion duly made and seconded, it was voted to appoint Myla Kabat -Zinn to the Noise Committee. Selectmen's Meeting - July 24, 2000 Accept SWAT Resolution to Pursue Pay as You Throw/ Selectmen's Pay as You Throw Advisory Committee Charge John Andrews came before the Board to present a resolution that SWAT unanimously adopted at their meeting on July 13, 2000 and to ask the Board to approve the resolution. The resolution is based on over two years of study of solid waste programs in Lexington and other towns. SWAT has read studies, attended workshops, talked to program managers in other towns, and numerous citizens. There are three basic issues: 1. Lexington is paying too much for trash disposal because we are sending too much trash for disposal; 2. the problems are going to worsen in the next few years because of the end of the NESWC contract in 2005; and 3. SWAT believes it is time to do something now. We have to start thinking of our follow -on contract in the next two years, and where Lexington is in a couple of years will make a big difference in what a new contract will look like. SWAT has been struggling with the health and environmental programs from the waste stream. Recently, the National Academy of Science concluded that 60,000 children nationally are at risk of neurological damage because of mercury. EPA has recently reassessed the risk of dioxin and decided it is 10 times more potent as a carcinogen as previously thought.. NESWC has the largest source of mercury and dioxins. Because of where all our food comes from, children in Lexington today and tomorrow will be receiving 10 to 50 times more than the level of dioxin that the EPA considers to be safe. SWAT and DPW have been working on these issues for many years. They try very hard to give residents the message that for the sake of the town budget and for your health and the environment, residents should recycle more to reduce their waste. SWAT feels that residents are also getting a message to throw away as much as you want at no charge. In looking at what has happened in other towns, what we found is it is clear from numerous studies that the single most effective action a town can do is change the way you charge for waste disposal. If you throw away less, you pay less. Ninety -six towns in Massachusetts are presently using a Pay- as -You- Throw program. Studies have shown there is a 25 -40 percent reduction in trash when this program is introduced. After much discussion, Mrs. Krieger summarized the Board's thoughts. The Board clearly endorses the work that SWAT has done. In terms of public process we would be jumping the gun were we to accept the resolution at this time; but we will go forward with the formation of the Committee and review the charter. The intent of the Committee is to examine the benefits of solid waste management in the proposal that SWAT has made with respect to Pay -as- You -Throw and to come forward with a recommendation that would have timing consistent with being able to take action by Town Meeting 2001. Selectmen's Meeting - July 24, 2000 Upon motion duly made and seconded, it was voted to accept the committee charge (Term: submit report to the Board of Selectmen that would allow for town meeting review at the 2001 Annual Town Meeting) and proposed membership for the Selectmen's Pay as You Throw Advisory Committee. Parking Violation Fines Chief Casey presented the proposed increase in parking violation fines. A survey of parking fines of surrounding and comparable communities indicates that Lexington should consider an adjustment to the parking violation fines. The Board would like to discuss further whether the handicap parking violation should remain at $50 or be raised to $100. The Lexington Center Committee will be asked for their input on increasing the parking violation fines and the impact that would cause on parking in Lexington center. The issue will be discussed at the next Selectmen's meeting. Community Preservation Act Representative Kaufman appeared before the Selectmen to give a brief description of the Community Preservation Act that has been passed by the House and Senate. This bill provides cities and towns with local funding tools and matching state funds to preserve and protect the fabric of their communities. It provides communities with the means to acquire, create and preserve open space, historic treasures, affordable housing, and recreational lands. Communities, with voter approval, may impose a property surcharge of up to 3 percent to fund spending on this program. The state will provide approximately $30 million a year for matching gifts to participating communities. The grants will be financed from a $20 surcharge on existing fees for recordings related to land transfers and registered land transactions at the Registry of Deeds and for new filings in the Land Court. Each participating community will receive annual state matching grants. The size of the match will depend on the number of communities that participate. Selectmen will have discussions with committees that would have interest in this bill and find out what their needs are. Planning Board Appointment Process Mrs. Krieger stated that Mr. Merrill had resigned from the Planning Board. There was an ad placed in the Lexington Minuteman asking those interested to apply to both the Selectmen and the Planning Board by July 31, 2000. After an interviewing process by Selectmen and Planning Board, they will have a joint meeting to appoint a new Planning Board Member to fill in until the March election. Selectmen's Meeting - July 24, 2000 Design Advisory Committee Subcommittee: Battle Green Design Subcommittee The Design Advisory Committee would like to create a Battle Green Design Subcommittee to develop guidelines for changes to the Battle Green. Upon motion duly made and seconded, it was voted 4 to 1 (Mrs. McKenna opposed) to endorse the Design Advisory Committee efforts to create the Battle Green Design Subcommittee subject to coordination with the Historic Districts Commission. Selectmen Liaison Reports Love Makes a Family Photo Exhibit Meg Soens is very excited about the upcoming photo exhibit and other events and asked the Selectmen to endorse the Love Makes a Family Photo Exhibit and Community Awareness Events "Respecting Differences: Creating Safer Schools and a More Inclusive Community for Gay and Lesbian People" to take place October 10 through 24. Upon motion duly made and seconded, it was voted to endorse Love Makes a Family Photo Exhibit and Community Awareness Events from October 10 through 24. HATS Mr. Enrich presented the final draft of the joint goals that the HATS/HFAC selectmen from the four towns have been preparing and seeks the Selectmen's approval. Some concern if the words should be strengthened to include more than airplanes. Mr. Enrich would like to adopt what has been presented and the Selectmen will have an opportunity later to make changes. Upon motion duly made and seconded, it was voted to adopt the shared goals of the HATS/HFAC Selectmen. Upon motion duly made and seconded, it was voted to adjourn at 11:35 p.m. A true record, Attest: Lynne A. Pease Assistant to the Executive Clerk