Loading...
HomeMy WebLinkAbout2010-07-BOS-min Selectmen’s Meeting July 12, 2010 A regular meeting of the Board of Selectmen was held on Monday, July 12, 2010 at 7:30 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Public Comments Mr. Adler is concerned about the proposed roundabout at the Hartwell Avenue/Bedford Street intersection and whether they can handle the high traffic flow and backup problems from Bedford Street heading to Bedford. Mr. Manz answered that the project is still being studied to try to make it safe and to balance pedestrian/bicyclist needs and traffic issues. Mr. Canale, Planning Board member, stated that the Planning Board is continuing to look at all the needs of the Hartwell Avenue/Bedford Street area to make sure it will be safe and effective. There will be another Public Hearing in September to review plans and make comments. Ms. Blier, Shade Street, requested that the Selectmen appoint a Selectmen Liaison to help facilitate the process of achieving a resolution of the Shire noise issue. The Shade Street neighbors want Shire to stand behind their promises. Mr. Manuel, Ms. Ciccolo, Mr. Moran, all from Shade Street, want Shire to be successful, but also accountable. They feel they need the Selectmen’s support to find an effective way to deal with the issue. The Selectmen took the issue under advisement and will discuss at the August 2 meeting. Selectmen Concerns and Liaison Reports th Ms. Mauger welcomed the new Commander of the 66 Air Base Group at Hanscom Air Force Base, Colonel Stacy L. Yike. Town Manager Report Mr. Valente reported that there was a 2-alarm fire on East Emerson Road, which may have been started by lightening. Two firefighters were sent to the hospital for heat exhaustion. Selectmen’s Meeting – July 12, 2010 Liquor Hearing – Transfer of License – Ruyi Restaurant Mr. Farrington, Attorney, and Mr. Cheng, proposed manager for Ruyi Restaurant, were available to answer questions regarding the transfer of a liquor license from Teppanyaki to Ruyi. Mr. Cheng has been in the restaurant business for 30 years and plans to run a family restaurant. Upon motion duly made and seconded, it was voted 5-0 to approve the application to transfer a liquor license and issue an all alcoholic common victualler liquor license to HCYS Inc., d/b/a Ruyi Restaurant, 27 Waltham Street. Traffic Safety Advisory Committee Recommendations – Stop Signs Mr. Cannon, Assistant Town Engineer, presented the request of the Traffic Safety Advisory Committee, as recommended by the Police Department, to have stop signs installed at the following intersections: 1.Merian Street at Patriots Drive, eastbound, and Oakland Street, westbound; 2.Gould Road at Dewey Road, eastbound and westbound; and 3.Bow Street at Winn Avenue, eastbound and westbound. Upon motion duly made and seconded, it was voted 5-0 to approve the proposed stop signs at Patriots Drive eastbound at Meriam Street, Oakland Street westbound at Meriam Street, Dewey Road eastbound and westbound at Gould Road and Winn Avenue eastbound and westbound at Bow Street. Tree Committee – Tree Bylaw Mr. Paul and Mr. Frey, members of the Tree Committee, requested feedback from the Selectmen regarding expanding the Tree Bylaw to include developments under the jurisdiction of the Planning Board in an effort to minimize the taking down of trees. Mr. Canale, Planning Board member, would welcome a proposal from the Tree Committee on proposed changes to bring the Planning Board in sync with the Tree Bylaw. The Selectmen were supportive of expanding the Tree Bylaw and suggested they work on it soon in order to allow time for Town Counsel to review prior to the warrant deadline for the 2011 Annual Town Meeting. Reserve Fund Transfers Mr. Addelson, Comptroller, and Mr. Niemy, Budget Officer, reviewed the FY2010 Year End Transfers to fund contractual obligations as well as unforeseen and extraordinary expenses. The three sources of funding are:the 3% Transfer Rule, Appropriation Committee’s Reserve Fund and the Salary Transfer Account. Selectmen’s Meeting – July 12, 2010 The FY2010 Year End Transfers requested are: 3% Transfer Rule $5,465 for Workers Compensation to cover medical claims for work related injuries $73,000 for Fire/Rescue Expenses for second simulcast transmitter Reserve Fund Transfers $75,000 for Public Works Personal Services for snow and ice related expenses $189,401 for Public Works Expenses for snow and ice related expenses $10,000 for Public Works Expenses for portion of pumping cost at Old Res during flood $60,000 for Fire/Rescue Expenses to cover apparatus repairs and radio repairs Salary Adjustment Transfer $1,000 for Police Personal Services for overtime and contractual settlements $285,000 for Fire/Rescue Personal Services to cover contractual settlements $3,000 for Town Manager’s Office Personal Services to cover contractual obligations $13,500 for Finance Personal Services to cover contractual obligations and salary increases Upon motion duly made and seconded, it was voted 5-0 to approve and sign the proposed FY2010 3% Rule, Reserve Fund Transfers and Salary Adjustment Transfers. Leary Land Task Force Charge At the Selectmen’s request staff drafted a charge for the Leary Property Community Housing Project and it was reviewed by the working group that initially met to discuss the project. Upon motion duly made and seconded, it was voted 5-0 to approve the charge for the Ad Hoc Leary Property Community Housing Task Force. Upon motion duly made and seconded, it was voted 5-0 to appoint the following members to the Ad Hoc Leary Property Community Housing Task Force: Bill Hays and Lester Savage representing LexHAB Bob Bicknell representing Housing Partnership Board Marilyn Fenollosa, representing the Historical Commission Wendy Manz, representing the Planning Board Steve Keane, representing the Lexington Housing Authority George Burnell and Deborah Mauger, Liaisons representing the Board of Selectmen Community Preservation Committee member to be appointed at a later date. Selectmen’s Meeting – July 12, 2010 Upon motion duly made and seconded, it was voted 5-0 to designate the members of the Ad Hoc Leary Property Community Housing Task Force as Special Municipal Employees. Discuss Landlocked Forest Wendy Gabrenya appeared before the Board representing the Friends of the Burlington Landlocked Forest, a group formed two years ago by residents of Lexington, Burlington, Bedford and other communities when a developer tried to buy the land, which is bordered by Route 3, Patridge Road, Turning Mill Road and Grove Street in Lexington and Bedford on the north side in order to develop it. The group has developed a website, led guided nature walks, marked trails, created trail maps, involved Boy Scouts and Girl Scouts in using the forest and now wants to build an environmentally friendly boardwalk where the trail crosses wetlands. They also recently built a kiosk to mark the parking area and trail into the landlocked forest. They would like to host a dedication of the kiosk on Lexington conservation land in September and requested that the Selectmen invite Burlington elected officials to join in the dedication and see what a great piece of land it is. The Selectmen will work with the Friends of the Burlington Landlocked Forest to set a date. Ione Garing Commendation Ms. Mauger requested that the Board send a thank you to Ms. Garing, who has moved to New York, because of all the contributions she made to Lexington, including working with the League of Women Voters, the Garden Club, the Daughters of the American Resolution, Friends of Cary Memorial Library, and the Precinct 8 Residents’ Association. Upon motion duly made and seconded, it was voted 5-0 to approve and sign a letter to send to Ione Garing thanking her for her many contributions to Lexington. CPA Grant Agreements – Greeley Village and Vynebrooke Village The 2010 Annual Town Meeting approved two Community Preservation Committee funded projects: the Greeley Village Siding Replacement and the Vynebrooke Village Drainage Study projects. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the CPA Grant Agreements between the Town of Lexington and Lexington Housing Authority for the replacement of siding at Greeley Village and the drainage study at Vynebrook Village. Appointments/Reappointments Design Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Brigitte Staines to the Design Advisory Committee for a term to expire September 30, 2010. Selectmen’s Meeting – July 12, 2010 Historic Districts Commission Upon motion duly made and seconded, it was voted 5-0 to reappoint Barbara Feldman to the Historic Districts Commission for a five-year term to expire December 31, 2014. Munroe Center for the Arts Board Mr. Burnell is concerned this appointment will present a conflict when dealing with the disposition of the Munroe School Building. It was pointed out that Munroe’s Bylaws state that the Selectmen shall make this appointment. It was further pointed out that Mr. Kelley recuses himself from Munroe Board discussions dealing with the possible sale of the building. Upon motion duly made and seconded, it was voted 3-0-2 (Kelley and Burnell abstained) to appoint Peter Kelley as the Board of Selectmen’s Representative on the Munroe Center for the Arts Board for a one-year term to expire June 30, 2011. Permanent Building Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Barbara Hughey and Wendall Kalsow to the Permanent Building Committee as the user agency representative for the Cary Memorial Building Study project. Coin Operated Machine Licenses – Aloft Lexington Aloft Lexington requested 4 automatic amusement devices for public use in the WXYZ bar/lounge area. They plan to have the following machines: Golden Tee; digital Juke Box, tabletop video game and Ms. Pac Man video game. Upon motion duly made and seconded, it was voted 5-0 to approve the application and issue four (4) automatic amusement device licenses to Starwood Hotels & Resorts, d/b/a Aloft Lexington. Request Ambulance Fee Voided The Selectmen received a letter asking that that an ambulance charge be voided because the applicant said they did not request transport to the hospital. The Selectmen briefly discussed whether to void the charges or not and they felt they were not qualified to make that decision since the ambulance staff followed their normal procedures. Upon motion duly made and seconded, it was voted 5-0 to deny the request to excuse the ambulance fee and allow the matter to proceed to small claims court. Review Goals/Referendum Questions/Endorse Affordable Housing Law The Selectmen briefly reviewed the proposed goals for FY2012 and selected a Selectmen lead for each: Selectmen’s Meeting – July 12, 2010 1.Develop FY2012 Budget – All Selectmen will be involved, as well as the School Committee 2.Convene CPA Summit – A meeting has been scheduled for September 29 with the Finance Committees, CPC, School Committee and Selectmen. The Selectmen felt it should have a facilitator and there will need to be additional meetings. 3.Develop Major Projects Capital Investment Plan – Mr. Burnell 4.Schedule Substantive Topics for Discussion at Future Selectmen Meetings a.Mr. Cohen will work on educating community about fall ballot initiatives and issues of civil service b.The Selectmen need to further discuss options for Munroe c.Ms. Mauger will work on the evaluation of the Human Services Department. 5.Promote Economic Development – Ms. Mauger 6.Focus Transportation Planning – Ms. Mauger 7.Evaluate Options for Hartwell Compost Facility – Mr. Kelley 8.Address Private Ways Maintenance Issues – Mr. Cohen 9.Analyze Selected DPW Operations – Mr. Kelley 10.Update Board Operating Procedures – Mr. Manz Endorsing Affordable Housing Law The Lexington Housing Partnership voted to endorse the campaign to protect the affordable housing law and recommended that the Selectmen endorse the campaign as well. The Selectmen were divided on whether to endorse the 40B laws. Those that support it said Lexington has abided by the law and met its goals, which means we have local control. Those that do not support the 40B law have concerns that need to be discussed. They also feel there must be better options for handling affordable housing. It was suggested that the Selectmen could individually support the affordable housing law. The Selectmen also requested that Representative Kaufman be contacted about doing an open house on this subject. Use of the Battle Green – Tea Party Upon motion duly made and seconded, it was voted 5-0 to approve a Tea Party rally on the Battle Green on Sunday, July 25, 2010, from 1:00 p.m. to 5:00 p.m., contingent on working out any necessary details with the Police Department and Department of Public Works, hiring two police details, not allowing any vendors and following the Board of Selectmen’s Battle Green Regulation. Appoint Election Workers Upon motion duly made and seconded, it was voted 3-0-2 (Cohen and Burnell abstained) to appoint the Election Officers as shown on the list provided by the Town Clerk in a memo dated June 25, 2010 for the period beginning September 1, 2010. Selectmen’s Meeting – July 12, 2010 Consent Agenda One-day Liquor License – Lexington Players Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to The Lexington Players to serve beer and wine from 6:30 p.m. to 8:30 p.m. for the EMACT Awards Gala to be held on Saturday, August 28, 2010, at Cary Memorial Building. One-Day Liquor License – Historical Society Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license to the Historical Society to serve wine and cocktails from 6:00 p.m. to 7:00 p.m. on Wednesday, July 14, 2010, for a fundraiser for the Munroe Tavern Restoration at the Munroe Tavern, 1332 Massachusetts Avenue. Ratify Poll Vote – Building Fee Waiver Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve waiving the building fees for an addition to 5 Cottage Street. Ratify Poll Vote – Lions Club Carnival Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve the lights remaining on until midnight on June 28 while the Lions Club is installing the snow fence for the carnival. Ratify Poll Vote – Crosswalk Signs Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to approve the removal of one of the crosswalk signs installed on Hancock Street in front of the Hancock- Clarke House. Ratify Poll Vote – Letter of Support for H4792 Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to send a letter of support to Charles A. Murphy, Chairman of the House Ways and Means Committee, regarding Bill H4972, Establishment of Municipal Lighting Authorities. Ratify Poll Vote – Westview Cemetery Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to allow Richard Johnson’s family to bury him in the Westview Cemetery. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of June 21, 2010 and June 29, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of June 21, 2010. Selectmen’s Meeting – July 12, 2010 Documents Received 1.Landlocked Forest Report to Board of Selectmen, Jul 12, 2010, Wendy Gabrenya. 2.Burlington Landlocked Forest Map Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session 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 discussion may have a detrimental effect on the bargaining position of the Town. Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to consider the purchase, exchange, lease or value of real property and to reconvene in Open Session only to adjourn. Further, the Chairman declared that an open meeting may have a detrimental effect on the negotiating position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 11:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk