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All agenda times and the order of items are approximate and subject to change.
SELECTMEN’S MEETING
Monday, April 7, 2014
Selectmen Meeting Room
6:30 p.m.
AGENDA
6:30 p.m. PUBLIC COMMENTS (10 min.)
6:40 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.)
6:45 p.m. TOWN MANAGER REPORT (5 min.)
6:50 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Article Positions (10 min.)
2. Sign Support letter for Complete Streets Program (5 min.)
3. Approve Settlement Agreement with Marine Shale Processors Site (5 min.)
4. Appointments – 2020 Vision Committee (5 min.)
7:15 p.m. CONSENT AGENDA (5 min.)
1. Approve Water/Sewer Deferral
2. Sign 2014 Minuteman Cane Award Proclamation
3. Vote Members of the Monuments and Memorials Committee as Special
Municipal Employees
7:20 p.m. EXECUTIVE SESSION (10 min.)
1. Exemption 3 – Pending Litigation Update: Sellars v Lexington et al
7:30 p.m. ADJOURN
The next meeting of the Board of Selectmen is scheduled for Wednesday, April 9, 2014 at 6:00
p.m. in the Selectmen’s Meeting Room, 1625 Massachusetts Avenue.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/7/14 STAFF: Lynne Pease ITEM NUMBER: I.1
SUBJECT:
Article Positions
EXECUTIVE SUMMARY:
You have taken positions on all the articles. This is on the agenda only if something comes up
that needs to be discussed.
Attached is the list of articles and your current positions.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
STAFF FOLLOW-UP:
Selectmen’s Office
ARTICLE POSITIONS 2014 ANNUAL TOWN MEETING ARTICLE SPECIAL TOWN MEETING PRESENTATIONDM PK NC JP MC AC CEC SC Article 2 Cary Memorial Building Upgrades Yes Yes Yes Yes Yes Article 3 Amend Article 5 of Nov. 2013 STM, Renovation to Community Center Yes Yes Yes Yes Yes ARTICLE FINANCIAL ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC Article 2 Electronic Voting Yes Yes Yes Yes Yes Article 4 Appropriate FY2015 Operating Budget Yes Yes Yes Yes Yes Article 5 Appropriate FY2015 Enterprise Funds Budgets Yes Yes Yes Yes Yes Article 6 Appropriate for Senior Service Program Yes Yes Yes Yes Yes Article 7 Establish and Continue Departmental Revolving Funds Yes Yes Yes Yes Yes Article 8 Appropriate the FY2015 Community Preservation Committee Operating Budget and CPA Projects: a) 39 Marrett Road – Community Center Renovation D&E and Sidewalk b) Visitor Center – Design Phase c) Hastings Park Gazebo Renovations d) Historical Commission Inventory Forms for Listed Buildings e) Battle Green Streetscape Improvements f) Vynebrooke Village Renovations g) LexHAB Set-Aside Funds for Development of Community Housing at the Busa Property h) Lincoln Park Field Improvements i) Park and Playground Improvements j) Park Improvements – Athletic Fields k) Park Improvements – Hard Court Resurfacing IP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES (continued) PRESENTATIONDM PK NC JP MC AC CEC SC l) Parker Meadow Accessible Trail D&E m) CPA Debt Service n) Administrative Budget Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 9 Appropriate for Recreation Capital Projects Yes Yes Yes Yes Yes Article 10 Appropriate for Municipal Capital Projects and Equipment a) Center Streetscape Improvements and Easements b) DPW Equipment c) Street Improvements and Easements d) Storm Drainage Improvements and NPDES Compliance e) Hydrant Replacement Program f) Comprehensive Watershed Storm Water Management Study and Implementation Measures g) Mass Avenue Intersections’ Improvements and Easements h) Sidewalk Improvements and Easements i) Dam Repair j) Town Wide Culvert Replacement k) Town Wide Signalization Improvements l) Traffic Island Renovation m) Ambulance Replacement n) Heart Monitors o) Replace Town Wide Phone Systems- Phase III p) Network Redundancy and Improvement Plan – Phase II Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 11 Appropriate for Water System Improvements Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES (continued) PRESENTATIONDM PK NC JP MC AC CEC SC Article 12 Appropriate for Wastewater System Improvements Yes Yes Yes Yes Yes Article 13 Appropriate for School Capital Projects and Equipment Yes Yes Yes Yes Yes Article 14 Appropriate for Public Facilities Capital Projects: a) School Building Envelope and Systems b) LHS Heating Systems Upgrade – Phases 2 and 3 c) Municipal Building Envelope and Systems d) Repairs / Replacements/Upgrades: School Building Flooring Program School Window Treatments Extraordinary Repair Interior Painting Program Middle School Nurses Stations Renovation and Update of Diamond Kitchen and Cafeteria Clarke School Gymnasium Dividing Curtain e) School Paving Program f) East Lexington Fire Station Physical Fitness Room g) Public Facilities Bid Documents h) Middle School Science, Performing Arts and General Education Spaces i) Clarke School Elevator Upgrade j) Clarke School Auditorium Audio Visual System k) Fire Station Headquarters Design IP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES (concluded) PRESENTATIONDM PK NC JP MC AC CEC SC Article 15 Appropriate to Post Employment Insurance Liability Fund Yes Yes Yes Yes Yes Article 16 Rescind Prior Borrowing Authorizations Yes Yes Yes Yes Yes Article 17 Establish and Appropriate to and From Specified Stabilization Funds Yes Yes Yes Yes Yes Article 18 Appropriate to Stabilization Fund IP Article 19 Appropriate from Debt Service Stabilization Fund Yes Yes Yes Yes Yes Article 20 Appropriate for Prior Years’ Unpaid Bills Article 21 Amend FY2014 Operating and Enterprise Budgets Article 22 Appropriate for Authorized Capital Improvements Yes Yes Yes Yes Yes ARTICLE GENERAL ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC Article 23 Amendments to the District Agreement of the Minuteman Regional Vocational School District Yes Yes Yes Yes Yes Article 24 Public Transportation in Lexington (Citizen Article) Yes Yes Yes Yes Yes Article 25 Establish Qualifications for Tax Deferrals IP Article 26 Amend General Bylaws – Wetland Protection Yes Yes Yes Yes Yes ARTICLE ZONING/LAND USE ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC Article 27 Amend Zoning By-Law – Allow For-Profit Educational Uses in the Neighborhood Business and Residential Districts (Citizen Article) Yes Yes Yes Yes No Article 28 Amend Zoning By-Law - Allow For-Profit Educational Uses in the Neighborhood Business District and Remove Size Limitation (Citizen Article) Yes Yes Yes Yes Wait Article 29 Amend Zoning By-Law – Allow For-Profit Educational Uses in the Neighborhood Business District (Citizen Article) IP
ARTICLE ZONING/LAND USE ARTICLES (continued) PRESENTATIONDM PK NC JP MC AC CEC SC Article 30 Amend Zoning By-Law – Medical Marijuana Treatment Centers 3/17 Tom Fenn Amend. Yes Yes No Yes Yes Yes Yes WaitYes Yes Article 31 Amend Zoning By-Law – Site Plan Review for Projects over 10,000 SF 3/17 Yes Yes Yes Yes Yes Article 32 Amend Zoning By-Law – Technical Corrections 3/17 Yes Yes Yes Yes Yes
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/7/14 STAFF: Lynne Pease ITEM NUMBER: I.2
SUBJECT:
Sign Support Letter for Complete Streets Program
EXECUTIVE SUMMARY:
Attached is a proposed letter to send to Secretary Davey to encourage him to start up the
complete streets program and release the funds.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to send a letter to Secretary Richard Davey of Massachusetts Department of
Transportation regarding implementation of the Active Streets Certification Program.
STAFF FOLLOW-UP:
Selectmen’s Office
Lynne Pease
From:Debmauger@aol.com
Sent:Monday, March 31, 2014 1:27 PM
To:Lynne Pease
Subject:Fwd: FW: Municipal Sign-On Letter for Complete Streets Program
Attachments:CompleteStreetsMunicipalSupportLettertoSec.Davey.docx
Page 1 of 3
3/31/2014
Lynne - Could you put this on the Mon, 4/7 agenda? Approve blah blah...
Thanks,
Deb
From: mciccolo@gmail.com
To: Debmauger@aol.com
Sent: 3/31/2014 12:19:40 P.M. Eastern Daylight Time
Subj: Fwd: FW: Municipal Sign-On Letter for Complete Streets Program
Hi Deb,
The Active Streets/Complete Streets legislation survived House & Senate versions of Bond bill and is
expected to survive conference committee. It has not been materially changed as it's gone through
the legislative process. Advocates are now turning their attention to encouraging Secretary Davey to
gear up for this program and actually release these funds.
Lexington was one of the member communities that signed the legislative advocacy letter. Can you
sign this letter to Davey or do you feel you need to bring it back to the full board?
Thanks,
Michelle
From:Downing, Nicholas [mailto:NDowning@mapc.org]
Sent: Thursday, March 27, 2014 11:18 AM
To: Michelle Ciccolo
Subject: Municipal Sign-On Letter for Complete Streets Program
Michelle:
We are working to gather signatures for a new municipal support letter for the Complete Streets program to send to
Sec. Davey. I know Deborah Mauger signed the last letter we sent to the legislature on behalf of the Lexington Board
of Selectmen, so I wanted to ask you what the best way would be to see if she would do so again.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/7/14 STAFF: Lynne Pease ITEM NUMBER: I.2
SUBJECT:
Sign Support Letter for Complete Streets Program
EXECUTIVE SUMMARY:
Attached is a proposed letter to send to Secretary Davey to encourage him to start up the
complete streets program and release the funds.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to send a letter to Secretary Richard Davey of Massachusetts Department of
Transportation regarding implementation of the Active Streets Certification Program.
STAFF FOLLOW-UP:
Selectmen’s Office
April 7, 2014
Richard A. Davey
Secretary of Transportation and Chief Executive Officer
Massachusetts Department of Transportation
10 Park Plaza, Suite 4160
Boston, MA 02116
RE: Implementation of Active Streets Certification Program
Dear Secretary Davey:
We applaud your efforts to promote a wide range of transportation options on our local
and state roadways, including safe access for pedestrians, bicyclists, motorists and transit riders
of all ages and abilities. The residents of our cities and towns want more transportation options
that are safe, affordable, and convenient, and we appreciate MassDOT’s leadership to support the
infrastructure that makes this possible. The Mode Shift Goal, the Healthy Transportation
Compact, and the Healthy Transportation Directive are just a few areas where MassDOT has
provided leadership that is improving quality of life in the Commonwealth.
As you know, the Legislature recently authorized $50 million to implement a new Active
Streets Certification Program as part of the Transportation Bond Bill. We ask for your support to
fully fund this program and to begin the implementation process in a timely manner.
This program would support cities and towns across the Commonwealth to implement
“Complete Streets” policies by creating a grant program for which they would become eligible
after taking simple steps to be certified, similar to the successful and popular Green
Communities Act.
The Active Streets Certification Program will help the state reach the goal set by
MassDOT to triple the number of walking, cycling, and public transportation trips by 2030 while
simultaneously decreasing greenhouse gas emissions and increasing physical activity. We know
that when communities invest in pedestrian and bicycle infrastructure, that residents and visitors
take advantage of it. This is true in rural, suburban, and urban areas alike, though the specific
type of infrastructure differs by community type.
Richard A. Davey April 7, 2014
Page Two
Complete Streets also contribute to quality of life in our cities and towns, encouraging
residents and visitors to shop locally, helping to attract and retain workplaces and employees,
and increasing real estate values.
Many cities and towns in Massachusetts have already taken steps to implement Complete
Streets, but we face limited resources to move this important priority forward. This program
would provide the necessary incentives and resources to support even more cities and towns to
advance Complete Streets.
Thank you for your support for healthy and vibrant communities.
Sincerely,
Deborah N. Mauger
Chairman
DNM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: PRESENTER: ITEM NUMBER:
April 7, 2014 Carl F. Valente I.3
SUBJECT:
Approve Settlement Agreement with Marine Shale Processors
EXECUTIVE SUMMARY:
The DPW uses a vendor to dispose of waste oil from its vehicles. Sometime between the years
of 1984-1996 this waste oil was hauled to Louisiana to Marine Shale Processors. Marine Shale
Processors closed in 1996 leaving behind some quantity of waste oil. The U.S. EPA and the
Louisiana Department of Environmental Quality (LDEQ) are now overseeing the clean up of the
site. Because Lexington waste oil was disposed of at this site, even though in a de minimis
amount, we are responsible for a portion of the clean up costs. The Louisiana DEQ, through its
Marine Shale Processing Site PRP Group, has negotiated a flat $4000 settlement amount with all
de minimus generators of waste oil. Town Counsel recommends this settlement.
FINANCIAL IMPACT:
$4000
RECOMMENDATION / SUGGESTED MOTION:
Move to authorize the Town Manager to enter into the Settlement Agreement with the Marine
Shale Processors Site Potential Responsible Parties Group in the amount of $4000.
STAFF FOLLOW-UP:
TMO will process agreement and payment
Prepared by cfv
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/7/14 STAFF: Lynne Pease ITEM NUMBER: I.4
SUBJECT:
Appointment – 2020 Vision Committee
EXECUTIVE SUMMARY:
Mr. Ahluwalia has submitted an application to be a member of the 2020 Vision Committee and
the Committee requested that he be appointed.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to appoint Saatvik Ahluwalia to the 2020 Vision Committee for a term to expire
September 30, 2016.
STAFF FOLLOW-UP:
Selectmen’s Office
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 4/7/14 STAFF: Lynne Pease ITEM NUMBER: C.1-3
SUBJECT:
Consent
EXECUTIVE SUMMARY:
1. Approve Water/Sewer Deferral
2. Sign 2014 Minuteman Cane Award Proclamation
3. Vote to have the members of the Monuments and Memorials Committee
designated as Special Municipal Employees.
See attached information.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the Consent Agenda.
STAFF FOLLOW-UP:
Selectmen’s Office
Monuments and Memorials Committee
Membership: Seven
Appointed by: Selectmen
Length of Term: 3 years, September 30 appointments, staggered
Meeting Times: As needed
Description: The Committee will develop and publish an inventory of existing public and private
memorials within Lexington, assess the condition of these public memorials, and recommend to the Board
of Selectmen an annual maintenance and restoration plan.
The Committee will be charged with identifying the need for new public memorials for veterans and/or
other persons or events and recommend possible design and locations for such memorials. All records
pertaining to actions of the Monuments and Memorials Committee shall be filed with the Town Clerk for
archiving purposes.
Criteria for Membership: The Committee seeks members with one or more of the following backgrounds:
1. Is a military veteran or represents a veterans’ organization;
2. Is knowledgeable about Lexington’s history;
3. Has knowledge and expertise in design, construction and preservation of statuary and monuments.
The Chair will be appointed by the Board of Selectmen.
A liaison shall be identified from each of the following: Town Celebrations Committee, Department of
Public Facilities, Department of Public Works, and the Lexington Historical Society.
The Veterans’ Services Office shall provide staff support.
Prior to serving as a member of this Committee, appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest statute. Further, to continue to
serve on the Committee the member must acknowledge annually receipt of the Summary of the
Conflict of Interest statute. Said summary will be provided by and acknowledged to the Town
Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line training
requirement required by the Conflict of Interest statute. Further, to continue to serve on the
Committee, the member must acknowledge every two years completion of the on-line training
requirement.
Ref.: Charge adopted by the Board of Selectmen on March 26, 2014.
The Selectmen voted on ________________ to designate members of this committee as Special
Municipal Employees.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: PRESENTER: ITEM NUMBER:
April 7, 2014 Executive Session
SUBJECT: Exemptions 3 – Ongoing Litigation
Suggested motion for Executive Session: Move to go into Executive Session to discuss
litigation regarding Sellars v. the Town of Lexington; and to reconvene in Open Session only to
adjourn. Further, as Chairman I declare that an open meeting discussion may have a
detrimental effect on the litigating position of the Town.
EXECUTIVE SUMMARY:
Update the Board on settlement discussions regarding the John Sellars litigation and discuss
strategy going forward.
FINANCIAL IMPACT:
NA
RECOMMENDATION / SUGGESTED MOTION:
NA
STAFF FOLLOW-UP:
TMO
Prepared by cfv