HomeMy WebLinkAbout2010-05-BOS-min66 -72
Selectmen's Meeting
May 3, 2010
A regular meeting of the Board of Selectmen was held on Monday, May 3, 2010 at 7:00 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mr. Kelley, Mr. Manz,
Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were
present.
Hearing — Lexington Golf Club Change of Premises
Mr. Bicknell, Secretary and Manager of the Lexington Golf Club, requested the Selectmen's
approval to change their liquor license premises in order to serve and drink liquor on the golf
course following the guidelines provided by the Alcoholic Beverage Control Commission.
Liquor will be served from the club house and occasionally from a beverage cart located adjacent
to the tee for the 5 /14 hole. Signage will be installed to indicate that no alcoholic beverages are
allowed on the parking lot.
The Selectmen decided that liquor can be served and drunk on the golf course until 9:00 p.m. at
the latest. The current starting hours for the Club House will apply to the golf course also. The
Police have reviewed the request and see no issues with the plan as presented.
Upon motion duly made and seconded, it was voted 3 -0 -2 (Kelley and Burnell abstained) to
approve the application for a change of premises and issue an all alcoholic club license to the
Lexington Golf Club, 55 Hill Street.
Approve Sale of Sewer Bond
Upon motion duly made and seconded, it was voted 5 -0 that the sale of the $856,350 Sewer
Bond of the Town dated May 17, 2010, to the Massachusetts Water Resources Authority (the
"Authority ") is hereby approved and the Treasurer is authorized to execute on behalf of the
Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect
to the bond. The bond shall be payable without interest on May 15 of the years and in the
principal amounts as follows:
Year Installment
2011
$171,270
2012
171,270
2013
171,270
2014
171,270
2015
171,270
Further that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be
and hereby are, authorized to take any and all such actions, and execute and deliver such
certificates, receipts or other documents as may be determined by them, or any of them, to be
necessary or convenient to carry into effect the provisions of the foregoing vote.
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Selectmen's Meeting — May 3, 2010
Limousine License Renewals
Upon motion duly made and seconded, it was voted 5 -0 to approve the application and issue two
(2) Limousine Licenses to Boyadjian Limousine Service, 447 Lowell Street.
Upon motion duly made and seconded, it was voted 5 -0 to approve the application and issue one
(1) Limousine License to Kip Farris, 158 Maple Street, pending inspection approval of the
vehicle by the Police Department.
Approve Memorial Day Parade and Ceremonies of Battle Green
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Town
Celebrations Committee for Memorial Day that includes a parade and ceremonies on the Battle
Green, as outlined in the letter dated April 13, 2010.
Review Fuel Efficient Vehicle Purchase Policy
In order to comply with the requirements of the Green Communities Act and be eligible for grant
funds, the Town is required to have a formal fuel - efficient vehicle purchase policy in place. Mr.
Valente reviewed the policy with the Selectmen and asked for their comments.
Mr. Burnell questioned whether hybrids, which are the only vehicles that will meet the green
standards, are working for the Town and are cost effective. Mr. Valente responded that hybrid
vehicles are still new and the Town has not had long enough time to look at the maintenance. He
also said that the Town is part of a large purchasing group to purchase, among other things,
hybrid vehicles that will meet the green standard.
The Board approved Mr. Valente request to prepare an administrative directive for a fuel
efficient vehicle policy.
Future Meetings
The Selectmen will schedule the following meetings: May 17, June 7 and 21, July 12, August 2
and 30 and September 13.
Approve and Sign Emergency Declaration
Mr. Valente requested that the Selectmen approve an emergency declaration because of the boil
water order in case there are any state or federal reimbursement money made available and also
to allow flexibility if any purchases are needed relating to the order.
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Selectmen's Meeting — May 3, 2010
Upon motion duly made and seconded, it was voted 5 -0 to approve the Emergency Declaration
for a State of Emergency which is in effect from 1:00 p.m. on Saturday, May 1, 2010, until the
boil water order is lifted.
Consent Agenda
One -Day Liquor License — Anne Borghesani Community Foundation
Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for
the Anne Borghesani Community Foundation to serve wine at a reception and talk at the Depot
Building on Sunday, June 6, 2010, from 2:00 p.m. to 5:00 p.m.
One -Day Liquor License — COMPASS For Kids Shake It for Shelter
Upon motion duly made and seconded, it was voted 5 -0 to approve a one -day liquor license for
Parenting Resource Associates, Inc. dba COMPASS for Kids to serve all alcoholic beverages at
the Shake it for Shelter 2010 Fundraiser on Saturday, June 12, 2010 from 7:30 p.m. to 11:00 p.m.
at the Hayden Lower Field.
Mr. Burnell asked whether one -day liquor licenses require liquor liability insurance. Currently
there is no insurance requirement because most events are for non - profit organizations that could
not afford the insurance costs. The Selectmen will look into whether the Town could arrange a
group policy for one -day liquor licenses.
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of April 14, 2010
and April 28, 2010.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of April 14, 2010, April 28, 2010 and April 29, 2010.
Water Emergency
The Selectmen briefly discussed the boil water order. A LexSelects program was recorded and
was being broadcast that provided important information from the Fire and Health Department.
Water was still being given out at the Public Services Building. Fire Chief Middlemiss
explained it would take 2 -24 hours after the bacteria test comes back clear before the water will
be drinkable.
The Selectmen complimented and thanked all the staff involved during this emergency. Chief
Middlemiss said there was great team work. There was also thanks to the two boy scout troops
who organized and helped with the distribution of water.
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Selectmen's Meeting — May 3, 2010
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session
for a matter of collective bargaining, with no intent to return to open session.
Upon motion duly made and seconded, it was voted 5 -0 by roll call to adjourn at 7:45 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen's Meeting
May 10, 2010
A regular meeting of the Board of Selectmen was held on Monday, May 10, 2010 at 6:00 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Cohen, Mr. Kelley, Mr. Manz,
Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were
present.
Reorganization of the Board
The first order of business was the election of a Chairman. Mr. Cohen nominated Mr.
Manz and there were no further nominations.
Upon motion duly made and seconded, it was voted 4 -0 -1 (Manz abstained) to appoint Mr. Manz
as Chairman of the Board of Selectmen effective May 17, 2010 after the end of Town Meeting.
Consent
Proclamation for National Public Works Week
Upon motion duly made and seconded, it was voted 5 -0 to approve and sign a proclamation for
National Public Works Week, which is May 16 to 20, 2010.
Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the minutes of April 26, 2010
and May 3, 2010.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5 -0 to approve the executive session minutes
of May 3, 2010.
Reappointment — LexHAB
Upon motion duly made and seconded, it was voted 5 -0 to reappoint Donald Wilson to the
Lexington Housing Assistance Board (LexHAB) for a 3 -year term to expire May 31, 2013.
Resignation — Design Advisory Committee
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Lynn
Hopkins from the Design Advisory Committee, effective immediately.
Limousine License Renewal — Back Bay Sedan Services
Upon motion duly made and seconded, it was voted to approve the application and issue two (2)
limousine licenses to Fusco Enterprises, LLC d /b /a Back Bay sedan Services, 88 Reed Street,
pending inspection of the vehicles by the Police Department.
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Selectmen's Meeting —May 10, 2010
Approve and Sign Letter of Intent for Cotton Farm Purchase
The Cotton Farm Letter of Intent was approved by Town Counsel and Mr. Cataldo's attorney.
This agreement clearly separates the two parcels (Cotton Farm and Hartwell Avenue).
Upon motion duly made and seconded, it was voted 5 -0 to approve and sign the Letter of Intent
for the purchase of Real Estate consisting of 4.21 acres of land known as the Cotton Farm and,
contingent on the purchase of this land by the Town, a gift to the Town of 14.5 acres of land off
of Hartwell Avenue.
Green Communities Act — Enerav Reduction Plan
Mr. Goddard, Public Facilities Director, stated that a component of the Green Communities Act
requires that the Board of Selectmen and School committee approve an Energy Reduction Plan.
The proposed plan calls for a 20% energy reduction at Town facilities.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Energy Reduction Plan as
proposed by the Director of Public Facilities.
Article Positions
Article 32, Climate Change Committee, reconsideration has been withdrawn. Mr. Burnell and
the 2020 Vision Committee will be putting together a Climate Change scoping committee and
will come to the Selectmen with a proposed new Climate Change Committee.
The Selectmen briefly discussed the revised motion of Article 36, Resolution on Munroe School,
being brought before Town Meeting by James Wood. Three Selectmen support the revised
motion and two oppose (Mr. Kelley and Mr. Burnell).
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 by roll call to go into executive session
at 6:30 p.m. to discuss strategy with respect to collective bargaining and reconvene in open
session only to adjourn. Further the Chairman declared that an open meeting may have a
detrimental effect on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted 5 -0 to recess at 7:30 p.m. and to resume the
executive session following the adjournment of Town Meeting.
A true record; Attest:
Lynne A. Pease
Executive Clerk
Selectmen's Meeting
May 17, 2010
A regular meeting of the Board of Selectmen was held on Monday, May 17, 2010 at 7:30 p.m. in
the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Cohen, Mr. Burnell
and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present.
Selectmen Concerns and Liaison
Mr. Manz provided some important dates of upcoming events in Lexington that he hopes people
will attend: Special Olympics on May 19, Discovery Day on May 29, Memorial Day on May 31
and the Lexington High School Graduation on June 7.
Town Manager Report
Mr. Valente provided information regarding FEMA's office in Concord (Concord Armory, 91
Everett Street) where residents can get information or file claims that resulted from the two
major rain events. Claims need to be filed by May 28.
On Thursday, May 20, 2010, from 10:00 a.m. to 2:00 p.m. the DPW is having an open house at
the Public Services Building.
Approve Fire Department Regulations
Mr. Delaney, Assistant Fire Chief, reviewed the proposed changes to the Fire Department
regulation, which will eliminate the obsolete requirements such as municipal fire alarm system
monitoring by telegraph and replaces those with requirements for monitoring by radio master
boxes. The regulation has been restructured to incorporate referenced standards and fire alarm
registrations and service fees from the present code. The proposed regulation also provides
requirements for lock boxes and access keys, interior and exterior building markings and
adequate fire department radio coverage. The regulation applies to buildings not otherwise
regulated by the state building or fire codes, which are required to contain fire alarm systems that
are either monitored by the municipal fire alarm system or by a 3 rd party central station which
calls the Fire Department to investigate alarms or to new buildings or structures, or portions of
existing buildings or structures, undergoing renovations or rehabilitation, which constitute new
construction. These requirements do not apply to one and two - family dwellings.
Upon motion duly made and seconded, it was voted to approve the revised Fire Department
Regulation, which is Chapter 178 of the Code of Lexington.
Demographic Change Task Force Final Report
Ms. Fallick, Chair, and Mr. Krupka, members of the Demographic Change Study Task Force
provided a summary of the Final Report of the Task Force, which was accepted by the 2020
Vision Committee.
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Selectmen's Meeting —May 17, 2010
The objective of the Task Force was to identify the most important demographic changes
currently taking place and the changes that are likely to occur by 2020; explore how these
changes will affect Town services; and understand how to maintain and create a sense of
community despite these demographic changes.
Major findings included rapidly growing population of Asian origin; changing age profile; and
housing and income.
Recommendations regarding the growing Asian - American population include: consult Institute
of Asian American Studies; request departments track incidents where trouble communicating in
English; interview people who work extensively with Asians to understand attraction to
Lexington and to estimate the proportion who intend to live here indefinitely versus temporarily;
set up a task force to identify and implement effective ways to accelerate and broaden
participation in government; conduct a series of focus groups with Asian - American residents to
develop an understanding of the individual and common challenges and their needs; assess steps
taken by Massachusetts communities that have experienced significant demographic changes in
recent years; and conduct analysis of other communities across the country that have experienced
demographic changes and the ways in which they responded.
Recommendations with respect to changing age profile include: conduct focus group with real
estate agents regarding the major forces driving in and out - migration of residents in the 60+ age
group; modify the annual Town Census to bring questions regarding residents in line with the
questions used by the Census Bureau and arrange for the data to be analyzed down to a single -
year age band; and reconvene a task force on demographics when the results from the 2010
census are available and request update of the Demographic Change Study Task Force.
The Selectmen praised the report and asked a few questions like why seniors are moving out of
state, how many seniors do we expect and do they have any special needs and to also be aware
that there are many seniors at home that may need help and we do not know about them. They
also asked how to get a more diverse population to participate in Town Government, like
volunteering for Boards and Committees.
Upon motion duly made and seconded, it was voted 4 -0 to accept the report of the Demographic
Change Study Task Force.
Designate Selectmen for Housing Discussion
Mr. Valente provided the Selectmen with a copy of the Leary House Condition Report and
discussed moving forward on the affordable housing component and the need for members of the
Selectmen to be part of the process. Conservation, Planning, Historical Commission, LexHAB,
Housing Partnership and Community Preservation Committee are all interested in the
development of the parcel.
Selectmen's Office — May 17, 2010
Ms. Mauger is interested in participating. Mr. Burnell suggested checking with Mr. Kelley to
see if he is interested in participating; and if he is not interested Mr. Burnell would be.
Mr. Valente will check with Mr. Kelley and begin to set of meetings.
Mrs. McKenna stated it is important to have a historical preservation person as part of the group.
She also stated that she is interested in participating.
Town Manager Reappointments
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of Rose Lerner, Paul Lapointe and Irving Rothman to the Council on Aging for 3-
year terms to expire May 31, 2013.
Authorize Chairman to Sign and Submit MPO Election Ballot
Upon motion duly made and seconded, it was voted 4 -0 to authorize the Chairman to sign and
submit the 2010 MPO Election Ballot voting for Ginger Esty, Framingham Selectman, and
Joseph Curtatone, Mayor of Somerville.
Cotton Farm Purchase — Record of Board of Selectmen Vote
Upon motion duly made and seconded, it was voted 4 -0 that the Board has determined that
advertising under General Laws Chapter 30B for the Town's acquisition of the following parcel
of real property will not benefit the governmental body's interest due to the unique qualities of
the property:
land containing approximately 4.21 acres consisting of a portion of the land identified in
the deed to Thomas J. Cataldo, as Trustee of Cotton Farm Realty Trust, a /d /t dated
December 9, 1996 and recorded with the Middlesex South Registry of Deeds in Book
26899, Page 28, and identified in the deed to Thomas J. Cataldo, as Trustee of Cotton
Farm Realty Trust No. 2. a /d /t dated November 29, 2001 and recorded with the
Middlesex South Registry of Deeds in Book 34323, Page 45 (said deeds are recorded
with the Middlesex South Registry of Deeds in Book 26899, Page 36 and Book 34323,
Page 53, respectively); said land also consists of a portion of the land identified on
Lexington Assessor's Map 31 as Lot 60B and Lot 90B and is identified as the "Proposed
Purchase" area on the sketch plan on file with the Town Clerk (the "Property ").
Specifically, the Property contains attractive, scenic, high quality land that is uniquely suited to
be used by the Town of Lexington for open space and conservation purposes. The Property is
also part of a parcel of land listed in the 2006 Lexington Reconnaissance Report for the
Massachusetts Heritage Landscape Inventory Program as desirable for preservation to create a
Selectmen's Meeting —May 17, 2010
link to an important open space corridor in the eastern part of Lexington. The Property is abutted
to the north and west by the Upper Vine Brook Conservation Area and will link Upper Vine
Brook and the Dunback Meadow.
Sign Eagle Letter for Tom Finneran
Upon motion duly made and seconded, it was voted 4 -0 to sign and send a letter of
commendation to Tom Finneran congratulating him on attaining the highest rank of Eagle in Boy
Scouting.
Approve Farmers' Market Signage - Bike Path
Upon motion duly made and seconded, it was voted 4 -0 to approve the request of the Farmers'
Market to place four (4) signs off to the side of the bike path near the Fletcher Street intersection
on each Tuesday from June 1 through October 27, 2010.
Consent Agenda
Water and Sewer Adiustments
Upon motion duly made and seconded, it was voted 4 -0 to approve the following water and
sewer adjustment:
Adjustments of Water and Sewer Charges for May 17, 2010 $- 12,433.25
Historical Commission Grant Paperwork
Upon motion duly made and seconded, it was voted 4 -0 to authorize the Chairman to sign any
paperwork necessary for the Historical Commission "survey and planning" grant application.
One -Day Liquor License — Bridge Elementary School
Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license to
serve beer and wine for the Bridge Elementary School on Friday, June 18, 2010, from 5:00 p.m.
to 9:00 p.m. for the Principal's Retirement Party at the Depot Building.
Minutes
Upon motion duly made and seconded, it was voted 4 -0 to approve the minutes of April 29, 2010
and May 10, 2010.
Executive Session Minutes
Upon motion duly made and seconded, it was voted 4 -0 to approve the executive session minutes
of May 10, 2010.
Selectmen's Meeting —May 17, 2010
Executive Session
Upon motion duly made and seconded, it was voted 4 -0 by roll call vote to go into executive
session at 8:30 p.m. to discuss strategy with respect to collective bargaining and to reconvene in
Open Session only to adjourn. Further, the Chairman declared that an open meeting may have a
detrimental effect on the bargaining position of the Town.
Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk