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HomeMy WebLinkAbout2010-08-BOS-min Selectmen’s Meeting August 2, 2010 A regular meeting of the Board of Selectmen was held on Monday, August 2, 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. Selectmen’s Concerns and Liaison Reports The Selectmen welcomed the new Lexington Minuteman reporter, Michael Phillis. Mr. Cohen, as a Trustee of the Library, acknowledged the sudden passing of Tom Elliott, Building Maintenance Technician, who had been an employee of the Town since 2001. He was a resident of Lexington from the age of 5 until he enlisted in the Marines after graduation. He served in the Vietnam War until 1970. In 1971 he and his wife moved to Billerica. He was a valuable employee and he will be missed. Mr. Cohen read in the Boston Magazine that the Lexington Farmers Market was rated the best in the area. Congratulations to the Farmers Market organizers. Mr. Kelley relayed information he learned from an Economic Development Advisory Committee meeting regarding Lexington’s competitive advantages/disadvantages in attracting commercial development, specifically to Hartwell Avenue. Mr. Kelley attended a Permanent Building Committee (PBC) meeting where an architect presented preliminary plans for the Fire and Police Departments future spaces. Various scenarios were presented. The PBC will make a formal presentation to the Selectmen in September that will allow the Board to weigh in and ask questions. Mr. Kelley walked the center playground with Mr. Pinsonneault, Superintendent of Public Grounds, to review the existing drainage conditions. The consultants have done research to identify the existing conditions and are working on what parts can be renewed and what has to be replaced. Mr. Kelley will attend another meeting on August 11 to review updated plans for the drainage. Mr. Manz has been attending the Busa Land Use Proposal Committee meetings. One meeting was a tour of the farm land and the working farm, which gave the committee members lots to think about. Mr. Manz received a lot of email and phone calls regarding the Board’s decision to allow the Tea Party to use the Battle Green for a rally. All questioned what the standards are: respect for the Battle Green, a peaceful purpose, having enough security and no commercial purposes. Regarding firearms, the Selectmen have to give approval for the use of any type of firearm. Selectmen’s Meeting – August 2, 2010 Town Manager Report Mr. Valente congratulated Manny Ferro on his promotion to Captain. There was a swearing in ceremony on July 28, 2010. The Police Department is now working on filling the two vacant Lieutenant positions, hopefully in the next week. There was water damage at the Senior Center caused by an upstairs apartment leak on Friday. There is damage to the ceilings and walls. There are currently crews working to dry out the facility and the Senior Center hopes to open up again on Tuesday. The Fire Department has a new fire engine and the staff has been trained on the new vehicle. It will be kept at the East Lexington Station. This was a 2009 Town Meeting approval and replaced a 13 year old vehicle that was costing $15,000-$20,000 a year in repairs. Review and Sign Purchase and Sale Agreement – Cotton Farm Mr. Valente provided the final Purchase and Sale Agreement related to the Cotton Farm purchase. There are other related documents that will also need to be signed. He is recommending that the Town Manager be authorized to sign any necessary additional documents to allow the Town to keep the process on schedule for closing on the property. One outstanding issue to be resolved is the amount of time recommended for due diligence. The current document states 75 days. Mr. Valente intends to move expeditiously and hopes to complete the process in 45 days. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the Purchase and Sale Agreement between the Town and Thomas Cataldo, Trustee for Cotton Farm Realty Trust, for approximately 4.21 acres of land shown on Assessor’s Map 31 as Lot 60B and a portion of the land identified on Map 31 as Lot 90B. It was further voted that the Board of Selectmen authorize the Town Manager, with the approval of the Chairman of the Board of Selectmen, to approve and sign related documents including: 1) Escrow Agreement; 2) Driveway Easement; 3) Four-Lot Deed Restriction; 4) Mortgage Agreement; 5) Open Space Deed Restriction; and any additional documents that may be required. Upon motion duly made and seconded, it was voted 5-0 to approve the Real Property Donation Agreement between the Town and Thomas J. Cataldo, Trustee of Pacific Partners Realty Trust, for the parcel of land containing approximately 14.5 acres and identified on the deed to Martin F. Kane, as Trustee of Pacific Partners Realty Trust, u/d/t dated October 21, 1998 and filed with said Land Court as Document No. 1083828, further identified as Lot 2 on Lexington Assessor’s Map 80. Selectmen’s Meeting – August 2, 2010 Energy Efficient Street Lights Presentation Mr. Hadley, DPW Director, and Mr. Chernick, member of the Energy Conservation Committee (ECC), have been working with Nstar on a proposal to replace all of the Town’s street lights with energy efficient bulbs/fixtures. The ECC recommends using a compact florescent induction model. This type of bulb will reduce the number of KWH from 1,989,243 per year to 668,556 per year. The cost for installation is approximately $930,500, less an Nstar incentive payment of $237,724. The payback period is expected to be 3.6 years. In order to meet Nstar timelines for the incentive payment, the Town must complete the street light conversion by November 30, 2010. Nstar currently bills Lexington for 2,606 street lights. Beginning November 30 they will bill us for actual street lights, which number 3,428. The Selectmen have a lot of concerns and would like additional information. A majority of the Selectmen support the recommendation but requested an update at the August 30 Selectmen meeting with the ability to stop the process. DPW will put together bid documents and may have bids back by August 30. Upon motion duly made and seconded, it was voted 4-0-1 (Kelley abstained) to endorse the recommendation to replace the Town’s street lights with compact florescent induction models, subject to a review at the Selectmen’s August 30, 2010 meeting and any other necessary work that may need to be done. Amend FY2010 Budget for Building Rental Revolving Fund Mr. Addelson explained that the Building Rental Revolving Fund, because of unanticipated overtime costs incurred in the month of June, exceeded the limit of $275,000 (approved at the 2009 Annual Town Meeting) by $31,093. Mass General Law allows for increases in the expenditure limit of the fund with a vote of the Selectmen and Appropriation Committee, as long as there is adequate revenue on hand to finance the increased limit. Total receipts in this fund for FY2010 are $349,821. The balance after this request will be carried forward to FY2011. Upon motion duly made and seconded, it as voted 5-0 that the expenditure limit of $275,000 for the FY2010 Building Rental Revolving Fund, as approved at the 2009 annual town meeting, be increased by $32,000 to $307,000. Discuss Landlocked Forest Since the Selectmen agreed at their last meeting to work with the Friends of the Burlington Landlocked Forest to set a date for dedication of a new kiosk at the entrance to the Burlington Landlocked Forest, Mr. Manz asked for suggestions on how to invite the Burlington Selectmen Selectmen’s Meeting – August 2, 2010 to a dedication of land owned by Burlington. It was suggested that the Chairman should contact the Chairman of the Burlington Selectmen on the best way to proceed with an invitation and that it should be done over the next couple of weeks. Review Goals Mr. Manz asked the Selectmen to review the goals and provide suggestions for goals that may need to be added. Mr. Burnell offered to take the Selectmen lead on options for Munroe School project (Goal 5) and how to discuss ways to track major issues as they emerge (Goal 11c). At the next Selectmen meeting there will be a discussion of where things stand with respect to each of the goals. Appointments/Reappointments Town Celebrations Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Mary Gillespie, Charles Price and Henry Murphy to the Town Celebrations Committee for 1-year terms to expire June 30, 2013. Upon motion duly made and seconded, it was voted 5-0 to reappoint Julie Miller, William Mix, Paul Jenkins, Jim Shaw and John Rossi to the Town Celebrations Subcommittee for 1-year terms to expire June 30, 2011. Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Crogan, Linda Dixon and Dave Taylor to the Town Celebrations Subcommittee for 1-year terms to expire June 30, 2011. Board of Appeals Associate Upon motion duly made and seconded, it was voted 5-0 to appoint Bill Kennedy to the Board of Appeals as an Associate Member for a 1-year term to expire September 30, 2011. Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Stephanie Wolk Lawrence to the Human Services Committee for a 3-year term to expire September 30, 2013. th 300 Anniversary Celebration Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Denise Dube, Jessie th Steigerwald and Ernest van Seasholes to the 300 Anniversary Celebration Committee. Ad Hoc Leary Property Community Housing Task Force Upon motion duly made and seconded, it was voted 5-0 to appoint Betsey Weiss to the Ad Hoc Leary Property Community Housing Task Force as the Community Preservation Committee representative. Selectmen’s Meeting – August 2, 2010 Sign State Primary Warrant Upon motion duly made and seconded, it was voted to sign the September 14, 2010 State Primary Warrant. Approve Bench Locations At the request of a resident and the owner of Crafty Yankee, Mr. Pinsonneault, Superintendent of Public Grounds, reviewed and approved locating two benches on either side within the stone wall outside Crafty Yankee. Upon motion duly made and seconded, it was voted 5-0 to approve the location of two (2) benches within the stone walls in front of Crafty Yankee, 1838 Massachusetts Avenue Future Meetings The Selectmen decided to schedule meetings as follows: September 20, October 4, October 25, November 1, November 15 and November 22. Use of Streets – MassBike MassBike is holding a biking event in Lexington on August 14, which includes using part of the bikeway. The Police have the information and do not believe any police presence will be necessary, Recreation did not see any conflicts with their activities and the Bicycle Advisory Committee supports this event but will need to vote on using the bikeway at their meeting on August 10, 2010. Upon motion duly made and seconded, it was voted 5-0 to approve the request of Mass Bike to use the Bikeway, as shown in a letter and map dated July 29, 2010, on Saturday, August 14, 2010, subject to the approval of the Lexington Bicycle Advisory Committee. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following water and sewer adjustments: Adjustments of Water/Sewer Charges for August 2, 2010 $-13,768.89 One-Day Liquor License – Lexington Arts & Crafts Society Upon motion duly made and seconded, it was voted 5-0 to approve a one-day liquor license for th the Lexington Arts & Crafts Society to serve beer and wine at the 75 Anniversary Gala of the Lexington Arts & Crafts Society to be held on Friday, September 10, 2010, from 6:00 p.m. to 10:00 p.m. Selectmen’s Meeting – August 2, 2010 Ratify Poll Vote – Westview Cemetery Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote allowing the burial of Mr. Ykheng Ly at Westview Cemetery using a cemetery plot purchased by Fran and Bob Ludwig. Ratify Poll Vote – Use of Battle Green Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to use the Battle Green on Monday, August 2, 2010, at approximately 3:00 p.m. for a ceremony for the promotion of Norman S. Beauchemin to Chief Warrant Officer in the Marine Corps out of Fort Devens. Approve Veteran’s Day Events Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Town Celebrations Committee for a Veteran’s Day parade and ceremonies on the Battle Green on Thursday, November 11, 2010, as outlined in their letter dated July 12, 2010. Use of Battle Green – Masonic Learning Center for Children Annual Battle Green Walk Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Masonic Learning Center for Children for their seventh annual Battle Green Walk from the Masonic Learning Center at 33 Marrett Road along Massachusetts Avenue to the Battle Green and back to 33 Marrett Road, which is to be held on Sunday, October 3, 2010, from 12:00 noon to 2:00 p.m. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of July 12, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of July 12, 2010. 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 litigation and to discuss disposition of real property and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the litigating and negotiating positions of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting August 25, 2010 A meeting of the Board of Selectmen was held on Wednesday, August 25, 2010, at 8:00 a.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. ALSO PRESENT: Ms. Vine, Deputy Town Manager; Ms. Casey, Human Resources Director; Mr. Middlemiss, Fire Chief; and Mr. Collins, Labor Counsel. 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/litigation and to consider the purchase, exchange, lease or value of real property and to reconvene in open session only to adjourn. It was further voted that an open meeting discussion may have a detrimental effect on the bargaining, litigating and negotiating positions of the Town. Upon motion duly made and seconded, it was voted to adjourn at 9:45 a.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting August 31, 2010 A meeting of the Board of Selectmen was held on Tuesday, August 31, 2010, at 6:00 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. Selectmen Concerns and Liaison Reports Mr. Burnell attended the APWA Awards Ceremony in Boston where the Public Facilities Building was recognized as one of the Projects of the Year. Some of the Selectmen helped at the Tomato Festival at the Farmers’ Market today. Estabrook School PCB Issues Mr. Goddard, Public Facilities Director, and Mr. Cody, Health Director, presented updated information on the ongoing project at Estabrook School to remove/encapsulate PCB materials used on the old windows, to find any additional source of PBCs within the school and to get the air quality inside the school down to the EPA recommended levels. Several residents asked questions about the work being done, the health risks and was it safe for the children to be in school. They requested faster communication of important information. There is a School Committee meeting scheduled for Wednesday, September 1, 2010, at 7:30 p.m. in Cary Hall to discuss the problem. Bikes Not Bombs Container at Hartwell Stephen Brosco, Bike Donations Coordinator for Bikes Not Bombs (BNB), requested approval to place a container at the Hartwell Avenue Compost Facility to collect unwanted bicycles from Lexington residents. BNB is a 501(c)3 non-profit organization founded in 1994 that works with disadvantaged youth in Jamaica Plain, including the Earn-A-Bike program which teaches young people basic bike mechanics, urban ride safety and how to be leaders in the community. BNB also ships around 4,000 bikes annually to projects in developing countries. Mr. Manz said bikes are thrown out each week and at no cost to the Town the bikes can be salvaged. Upon motion duly made and seconded, it was voted 5-0 to approve Bikes Not Bombs placing an 8’x20’ container at the Hartwell Compost Facility for the purpose of collecting bicycles for the charity, pending approval by the DPW. Selectmen’s Meeting – August 31, 2010 Streetlight Change Out Proposal Mr. Hadley, DPW Director, and Mr. Addelson, Comptroller, presented additional information regarding replacing all the street lights with energy efficient bulbs/fixtures, induction and compact fluorescent bulbs. This program will reduce the number of KWH from 1,989,243 to 558,556. The cost of the installation is approximately $930,500, less an NStar incentive payment of $237,724 and $158,503 from the Green Communities Grant. Annual costs for electricity would decrease from $286,000 to approximately $96,200 at the current rate of $0.18/KWH. In order to meet the NStar timelines for the incentive payment the town must complete the street light conversion by December 29, 2010. Mr. Addelson presented a financial analysis showing the gross and net operating budget savings. The Selectmen all agreed the Town should move forward with the project. The Selectmen moved to Room 207 for a joint meeting with the Planning Board at 7:50 p.m. Joint Meeting with Planning Board – Hartwell Avenue Area Study PRESENT: All Selectmen; All Planning Board Members, Mr. Valente, Town Manager; Ms. McCall-Taylor, Planning Director; and Ms. Pease, Executive Clerk. Mr. Zurlo, Planning Board Chair, explained how the TMO district came to be and the work undertaken so far by the Planning Board to produce the transportation plan for the TMO-1. Mr. Bryant, Tetra Tech Rizzo, reviewed the proposed plan for the Hartwell Avenue Area. In order to get the project going the Town will need to provide the funds to design, permit and provide the right of ways necessary. The Planning Board and Selectmen discussed funding options, including state and federal grants, local taxes, landowners/developers and the new construction transportation mitigation fee that was being proposed at $5 per square foot. The Planning Board requested the Selectmen’s thoughts on how funding should be divided among the options. All agreed that the plan should be adopted this fall and the Planning Board realizes that the plan would need to be reviewed and rewritten by Town Counsel. Mr. Levison, Co-Chair of the Transportation Advisory Committee (TAC), presented an outline statement from the TAC concerning the Hartwell Avenue Transportation Management Overlay District. The Selectmen will provide the Planning Board with input at a later date. The Selectmen returned to the Selectmen’s Meeting Room at 9:30 p.m. to conclude their agenda. Selectmen’s Meeting – August 31, 2010 Bowman School Sidewalk Project – Temporary Easement Upon motion duly made and seconded, it was voted 5-0 that the public convenience requires the establishment of sidewalks within the following public ways located in the Town of Lexington: Buckman Drive, Lantern Lane, Philip Road, Dawes Road, Follen Road, Locust Avenue and Worthen Road East, substantially as shown on the sidewalk layout plans. Approve Street Acceptance Timetable for FY2012 Upon motion duly made and seconded, it was voted 5-0 to approve the proposed FY2012 Street Acceptance Schedule. Entertainment License – Ride Studio Café Upon motion duly made and seconded, it was voted 5-0 to approve and sign an Entertainment License for Ride Studio Café, Inc., 1720 Massachusetts Avenue. Appointments – Sustainable Lexington Committee Upon motion duly made and seconded, it was voted 5-0 to appoint Mark Sandeen and Todd Rhodes to the Sustainable Lexington Committee for 3-year terms to expire September 30, 2013. Upon motion duly made and seconded, it was voted 5-0 to appoint Kenneth Moraff and Richard Abrams to the Sustainable Lexington Committee for 2-year terms to expire September 30, 2012. Approve LexHAB Affordable Housing Property Acquisitions Agreements In order to finalize LexHAB’s acquisition of 142 Emerson Gardens and 454 Marrett Road the Selectmen need to endorse the CPA Grant Agreement, the Local Action Unit Application and a Regulatory Agreement for each property. Upon motion duly made and seconded, it was voted 5-0 to authorize and sign the endorsement of the GPA Grant Agreement, the Local Action Unit Application and Regulatory Agreements for 142 Emerson Gardens and 454 Marrett Road. Approve Busa Farm Lease Extension Upon motion duly made and seconded, it was voted 5-0 to approve and authorize the Town Manager to sign an extension to the December 2, 2009 Busa Farm Lease, said extension to be though April 2, 2012. Selectmen’s Meeting – August 31, 2010 Approve Busa Land Use Proposal Committee Land Survey The Committee is requesting funding for a land survey of the Busa property that would provide a plan view of existing conditions, topography and environmental regulatory limits. The survey will also compile property line information from available sources and be included on the plan. The surveyor will retain an environmental scientist who will delineate resource areas so that the limits and their corresponding setbacks will be shown on the plan. The Committee believes that having the survey at the beginning of its work will allow them to understand the possibilities and restrictions for development of the site. The survey can be used by proponents and the Committee to more clearly describe and assess proposals for land use. Upon motion duly made and seconded, it was voted 5-0 to authorize the expenditure of funds for a land survey of the Town-owned Busa farm property. Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-0 to approve the following adjustments of water and sewer charges: Adjustments of water and sewer charges for August 30, 2010 $-17,256.08 Use of the Battle Green – LexFUN Upon motion duly made and seconded, it was voted 5-0 to approve the request of LexFUN to use the Battle Green on Saturday, October 30, 2010 (rain date October 31) for the annual Halloween Parade beginning at 8:30 a.m. Use of the Battle Green – Lexington Minutemen Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington Minute Men to use the Battle Green on Saturday, September 18, 2010, from 2:00 p.m. to 6:00 p.m. for an Installation of Officers ceremony. Proclamation – Constitution Week Upon motion duly made and seconded, it was voted 5-0 to approve and sign a proclamation for Constitution Week. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of August 2, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of August 2, 2010. Selectmen’s Meeting – August 31, 2010 Documents Presented 1.Mass. DOT Plans for Bowman Sidewalk Improvements dated August 17, 2010. 2.Planning Board Draft TMOD Plan dated August 26 2010. Executive Session 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. It was further voted 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 10:25 p.m. A true record; Attest: Lynne A. Pease Executive Clerk