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HomeMy WebLinkAbout2010-09-BOS-minSelectmen’s Meeting September 7, 2010 A meeting of the Board of Selectmen was held on Tuesday, September 7, 2010, at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Burnell and Ms. Mauger; Mr. Valente, Town Manager and Ms. Pease, Executive Clerk, were present. Liquor Hearing – New Restaurant License – Buca di Beppo Mr. Fogelman, Attorney; Mr. Romano, General Manager; and Mr. Bridgeman, proposed manager, were present to answer any questions regarding a new liquor license for Buca di nd Beppo. They have received a building permit to bring the 2 floor to compliance with fire regulations. They are hoping to open by the end of September. Upon motion duly made and seconded, it was voted 4-0 to approve the application for a new liquor license and issue an all alcoholic common victualler liquor license to Buca Restaurants, Inc., d/b/a Buca di Beppo, 20 Waltham Street. Liquor License Hearing – Transfer to Waxy’s Lex LLC, d/b/a Waxy O’Connor’s Mr. Farrington, Attorney; Mr. Hyde, Partner in Waxy’s Lex LLC; Mr. Patel, owner of the site and leasing to Waxy’s; and Mr. Blaney, proposed manager, were present to answer any questions. Waxy’s is an Irish pub for families that will serve lunch and dinner. They plan to have billiard tables. Upon motion duly made and seconded, it was voted 4-0 to approve the application to transfer a liquor license and issue an all alcoholic common victualler liquor license to Waxy’s Lex LLC, d/b/a Waxy O’Connor’s, 94 Hartwell Avenue. Confirmation of Polling Places for September 14 Primary Mr. Manz proposed instructions to the audience on how to get to information that is available on the Town’s webpage regarding the PCB issue at the Estabrook School. Upon motion duly made and seconded, it was voted 4-0 to confirm Estabrook School as polling location for the September 14 primary. Upon motion duly made and seconded, it was voted to adjourn at 6:20 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting September 13, 2010 A regular meeting of the Board of Selectmen was held on Monday, September 13, 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 Concerns and Liaison Reports Ms. Mauger reported that a count was taken on Sunday of trips on the Bikeway: 3,984 during a 12 hour period. The numbers have been increasing every year. Some of the Selectmen attended the Firefighters Memorial Dedication on 9/11. They were honored to be a part of it. Mr. Manz suggested that everyone get a copy of the new Lexington 2010-2011 Visitors Guide and Map. Town Manager Report nd The 2 Citizens’ Academy will begin on Thursday, September 16. The group will meet for 9 weeks from 7:00 p.m. to 9:00 p.m. to learn about how the town operates and will have the opportunity to meet with all major town departments. New solar-powered trash compactor trash receptacles will be installed at three locations in the center (CVC, Brookline Bank and Candy Castle). Two have already been installed in Lincoln Park. Nine more of the units will be installed later. All the units were purchased through a grant and each unit includes a recycling bin. The Massachusetts Department of Public Health confirmed that Lexington had a resident with the West Nile Virus, but she is recovering. Information is available on the Town’s webpage. Statement of Interest (SOI) for Bridge, Bowman and Lexington High School Mr. Goddard, Facilities Director, explained that the Massachusetts School Building Authority (MSBA) has a new program to reimburse communities for making energy savings upgrades to boilers, windows and roofs to school buildings. Since the Town is planning on making upgrades to the Bridge, Bowman and Lexington High School, the Superintendent of Schools has recommended submitting a SOI for these three facilities. Mr. Kelley wants the Bridge and Bowman schools to be replaced, not renovated; he will not endorse this request. Selectmen’s Meeting – September 13, 2010 Bridge School Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Bridge Elementary School located at Interest dated on or before September 22, 2010, for the 55 Middleby Road, Lexington, Massachusetts , which describes and explains the following deficiencies and the priority category(s) for which the Lexington Public Schools may be invited to apply to the Massachusetts School Building Authority in the future: Priority 5: Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility; and, hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Lexington Public Schools to filing an application for funding with the Massachusetts School Building Authority. Bowman School Upon motion duly made and seconded, it was voted 4-1 (Kelley opposed) to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Bowman Elementary School located at Interest dated on or before September 22, 2010, for the 9 Philip Road, Lexington, Massachusetts , which describes and explains the following deficiencies and the priority category(s) for which the Lexington Public Schools may be invited to apply to the Massachusetts School Building Authority in the future: Priority 5: Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility; and, hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Lexington Public Schools to filing an application for funding with the Massachusetts School Building Authority. Lexington High School Upon motion duly made and seconded, it was voted 5-0 to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest dated on or Lexington High School located at 251 Waltham Street, before September 22, 2010, for the Lexington, Massachusetts , which describes and explains the following deficiencies and the priority category(s) for which the Lexington Public Schools may be invited to apply to the Massachusetts School Building Authority in the future: Priority 5: Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility, and, hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Lexington Public Schools to filing an application for funding with the Massachusetts School Building Authority. Selectmen’s Agenda – September 13, 2010 Water/Sewer Rate Setting Preliminary Information Mr. Addelson, Comptroller, reviewed the results of the FY2010 water and sewer operations, billed consumption and retained earnings history. He also presented the FY2011 water and sewer budgets as adopted at the 2010 annual town meeting. On October 4 he will present the recommended water and sewer rates for FY2011 and on October 25, 2010 the Selectmen will take public comment on the proposed rates and vote on the new rates. Mr. Bartenstein, Town Meeting Member, Precinct 1 and Appropriations Committee member, asked that the Selectmen consider moving the public hearing up a week to urge more public comment prior to the Selectmen voting on the rates. Mr. Addelson and Mr. Valente need time to think about and discuss the preliminary proposal prior to public comment. They will look at the schedule and see what they can do. The public is welcome to come to the October 4 meeting to hear the preliminary proposal. Mr. Manz will follow-up on moving up the public hearing. The following documents were provided:  FY2010 P&L Water Operations  Water Budget Spending and History: FY2007 and FY2011  FY2010 P&L Sewer Operations  Sewer Budget Spending History: FY2007 to FY2011  Retained Earnings History  Water Consumption History: FY2005 to FY2011 Appointments/Reappointments/Resignations 2020 Vision Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Charles Benson, Marian Cohen and Dan Krupka to the 2020 Vision Committee for 3-year terms to expire September 30, 2013. Board of Appeals Upon motion duly made and seconded, it was voted 5-0 to reappoint David Williams to the Board of Appeals for a 5-year term to expire September 30, 2015. Board of Appeals Associates Upon motion duly made and seconded, it was voted 5-0 to reappoint John Gilbert, Marilyn Kolb and Leo McSweeney to the Board of Appeals as Associate Members for 1-year terms to expire September 30, 2011. Selectmen’s Meeting – September 13, 2010 Upon motion duly made and seconded, it was voted 5-0 to appoint Nancy Adler to the Board of Appeals as an Associate Member for a 1-year term to expire September 30, 2011. Communications Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski, Maria Kieslich and Kenneth Pogran to the Communications Advisory Committee for 3-year terms to expire September 30, 2013. Economic Development Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Narain Bhatia, John McWeeney and Joe Zink to the Economic Development Advisory Committee for 3-year terms to expire September 30, 2013. Fence Viewers Upon motion duly made and seconded, it was voted 5-0 to reappoint David Buczkowski and Robert Warshawer as Fence Viewers for 1-year terms to expire September 30, 2011. Gammel Legacy Trust Upon motion duly made and seconded, it was voted 5-0 to reappoint Marie Hill and Jacquelyn Ward to the Gammel Legacy Trust for a 1-year term to expire September 30, 2011. Housing Partnership Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Bicknell to the Housing Partnership Board for a 1-year term to expire September 30, 2011. Upon motion duly made and seconded, it was voted 5-0 to reappoint Florence Baturin, Harriet Cohen, Julia Duncan, Mary Haskell, Arthur Katz and Carol Ann Marine for 3-year terms to expire September 30, 2013. Human Services Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Ellen McDonald to the Human Services Committee for a 3-year term to expire September 30, 2013. Lexington Scholarship and Education Fund Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Paul Ash, Janine Cohen, Thomas Fenn, John Miller and David Williams to the Lexington Scholarship and Education Fund Board for 1-year terms to expire September 30, 2011. Noise Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Robert Earsy and Steven Kropper to the Noise Advisory Committee for 3-year terms to expire September 30, 2013. Selectmen’s Meeting – September 13, 2010 Personnel Advisory Board Upon motion duly made and seconded, it was voted 5-0 to reappoint William Barnes and Janet Perry to the Personnel Advisory Board for 3-year terms to expire September 30, 2013. Policy Manual Policy Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Cleveland Coats, Mark Corr, Edith Flynn, William Hays and Gerald McLeod to the Policy Manual Committee for 1-year terms to expire September 30, 2011. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to accept the resignation of Suzie Barry from the Sidewalk Committee, effective immediately. Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Susan Bennett, Mary Jo Bohart, Kerry Brandin, Bernice Fallick, Carla Fortmann, Mary Gillespie, Dawn McKenna, Paul O’Shaughnessy, John Patrick and Lou Sideris to the Tourism Committee for1-year terms to expire September 30, 2011. Town Report Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Michele Bokun, Scott Bokun and David Tabeling to the Town Report Committee for1-year terms to expire September 30, 2011. Traffic Safety Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Stephen Ades, David Cannon, Steve Frymer, Sudhir Murthy and Stefan Schatzki to the Traffic Safety Advisory Committee for 1-year terms to expire September 30, 2011. Upon motion duly made and seconded, it was voted 5-0 to appoint Manuel Ferro to the Traffic Safety Advisory Committee, representing the Police, for a 1-year term to expire September 30, 2011. Transportation Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Sally Castleman to the Transportation Advisory Committee for a 3-year term to expire September 30, 2013. Tree Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Jewel Kuljian and James Wood to the Tree Committee for 3-year terms to expire September 30, 2013. Trustees of Public Trusts Upon motion duly made and seconded, it was voted 5-0 to reappoint Alan Fields to the Trustees of Public Trusts for a 6-year term to expire September 30, 2016. Selectmen’s Meeting – September 13, 2010 Water and Sewer Abatement Board Upon motion duly made and seconded, it was voted 5-0 to reappoint Loren Wood to the Water and Sewer Abatement Board for a 3-year term to expire September 30, 2013. Common Victualler and Entertainment Licenses – Prime Roast Beef & Seafood Mr. Garabedian, Manager of Prime Roast Beef & Seafood, was available to answer questions. He will be serving roast beef sandwiches, fried and broiled seafood, soups and much more. He has seating for 34. Ms. McKenna, Chair of the Tourism Committee, wants a mechanism for being informed of new businesses in town so they can be added to the Visitors Guide. Upon motion duly made and seconded, it was voted 5-0 to approve and sign a common Victualler License and Entertainment License for Prime Roast Beef & Seafood, 321 Marrett Road. Selectmen’s Gift Account – Willard’s Woods Ms. Mauger asked that the Selectmen create a Selectmen’s Gift Account for Willard’s Woods to support restoration, maintenance and improvements to Willard’s Woods conservation area. The area is heavily used and needs to be maintained. She provided a check to get the fund started and hopes other residents will donate to the fund. Donations are tax-deductible. She will advertise the fund and ask people to give to the fund. Upon motion duly made and seconded, it was voted 5-0 to create a Selectmen’s Gift Account to receive donations to support restoration, maintenance and improvements to the Willard’s Woods Conservation Area. 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 and commitments: Adjustments of Water/Sewer Charges for September 13, 2010 $-23,180.44 Commitment of Water/Sewer Charges for August 7, 2010 (Cycle 9) $292,803.23 Commitment of Water/Sewer Charges for September 7, 2010 (Cycle 9) $284,204.44 Use of the Battle Green – Baptism Upon motion duly made and seconded, it was voted 5-0 to approve the request of Nathan McNulty, Mass. National Guard, to have a Baptism for his son on the Battle Green on Saturday, October 16, 2010, from 11:00 a.m. to 12:00 noon. Selectmen’s Meeting – September 13, 2010 Ratify Poll Vote – Support for TIGER II Application Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to send a letter of support for the TIGER II Application in regards to the Sommerville Community Path Extension Along the MBTA Green Line Extension. Ratify Poll Vote – Leger Regarding Water/Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to send a letter to the Quality Inn regarding how water and sewer rates are established in response to a letter requesting help with an outstanding water/sewer bill. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call to go into executive session to discuss 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 position of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10:30 p.m. A true record; Attest: Lynne A. Pease Executive Clerk CPA Summit September 14, 2010 A CPA Summit was held on Tuesday, September 14, 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; Ms. Addelson, Comptroller and Ms. Pease, Executive Clerk, were present. Also Present: All Community Preservation Committee (CPC) members except Ms. Krieger and Mr. Wolk; Ms. Rice, CPC Clerk; all members of the Appropriations Committee (AC), except Ms. Garberg, Ms. McLeish and Mr. Neumeier; all members of the Capital Expenditures Committee (CEC). Mr. Manz began the meeting by stating the purpose of the meeting was to discuss what projects should be brought before the CPC, who should own the projects and how projects should be financed. The consensus of the group was that CPC has the discretion and authority to decide which projects should be brought forward to Town Meeting. There was a discussion about whether long-range planning could be done since most projects are one time costs and not knowing when land acquisitions will be brought forward. CPC members stressed that they need information provided in a timely manner. CPC feels long-range planning should be done by the proponents as part of their submission. It was suggested that it may be helpful for CPC to meet with staff to discuss what projects they are suggesting in their long- range plan and what projects they want CPC funds for. There was disagreement between CEC and AC regarding funding all projects that come before CPC. CPC clarified that the warrant includes a CPC article and a separate article for projects in case CPC does not recommend them. The CPC statute says they make recommendations, Town Meeting receives recommendations from AC and CEC and Town Meeting makes final decision. CPC brought up Town projects and whether CPA funds should be used. Town projects need to be part of long-range planning of Town. The consensus of the group was that all projects should be brought before CPC and they make a recommendation to Town Meeting. The question was raised whether the reserve policy should be reviewed; that there may be no need for a reserve and that CPC could prioritize projects and know when to put off projects for another year. There was a discussion about debt vs. cash. CEC can help with debt planning and their report for Town Meeting will have a lot of information on each of the projects to help CPC with what projects to recommend at Town Meeting. CPA Summit – September 14, 2010 The long-range process needs collaboration, especially for municipal projects. There will need to be discussion on how to fund all the projects. Include CPC when CEC and AC review 5-year plan. In order for the CPC to decide which projects to submit to Town Meeting, they will need to know the Town’s plan for projects and will need help from the finance committees on how to finance the projects. The Selectmen need to discuss who will be the “owner” of municipal projects and school projects should be “owned” by the school. Remember that the Town Meeting is the one that approves the capital budget. Upon motion duly made and seconded, it was voted to adjourn at 8:50 p.m. A true record; Attest: Lynne A. Pease Executive Clerk Selectmen’s Meeting September 20, 2010 A regular meeting of the Board of Selectmen was held on Monday, September 20, 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 Comment Mr. Mehr, Town Meeting Member for Precinct 3, raised an issue regarding the Town’s assessment process and asked the Selectmen to make sure there is not problem with difference in purchase price vs. assessed value of commercial properties and that new growth is at the appropriate level based on the new construction at commercial property sites. The Selectmen will review the information and respond to Mr. Mehr in writing. Ms. McKenna, Chair of the Tourism Committee, brought to the Board’s attention that having the Farmers Market in front of Visitor’s Center is not an appropriate location. The Tourism Committee hopes that in the future if it needs to be located at a different location that it is held at Hastings Park. The Tourism Committee believes having the Farmers Market at the Visitor’s Center took away from the tourist experience and that there was long-term damage to the lawn that needs to be repaired. The Selectmen reminded the audience the reason the Farmers Market was moved to the Visitor’s Center was because of Election Day and they will look into what damage was caused. Ms. Jackson, Co-Manager of Lexington Farmers Market, stated that they were asked to use the Visitor’s Center because of Election Day and it took a lot of planning. As asked, they stayed on the paths, planks and tried to stay off grass. If there is further discussion needed, they would like to be a part of it. Ms. Mahoney, Town Meeting Member for Precinct 7 and an Estabrook parent, asked the Selectmen to be more visible in the Estabrook process to help with parents’ anxiety and worry over the condition of the building. The Selectmen will discuss how they can help and are willing to be involved as liaisons to the School Committee. Mr. Kelley made it clear that he is willing to help and be involved but that he wants to get back on track with building new schools rather than repairing existing schools. Explanation of Dana Home Closing Ms. Nelson and Mr. Williams, Co-Presidents of the Board of Directors of the Dana Home, announced that they voted to close the Dana Home. They concluded that the Dana Home could no longer sustain the considerable operating losses resulting from the small size of the home, competition from newer assisted living facilities, and the considerable maintenance required in its physical facility. Selectmen’s Meeting – September 20, 2010 The Dana Home Board has discussed the future use of the Dana Home property, which also includes the colonial home and barn next door on a total of 3.5 acres. They will put out an RFP for a wide range of uses. The Selectmen were sad to hear that the Dana Home would be closing. It was a wonderful facility that served many Lexingtonians and was a big part of the community. The Selectmen thanked the Dana Home Board of Directors for their commitment to helping the Dana Home be as successful as it was for so many years. Use of the Battle Green – Battle Road Memorial March Colonel Cummings requested permission to use the Battle Green on Saturday, October 2, 2010, st for the 1 Battle Road Memorial March. The purpose of the walk is to remember all fellow service members from Massachusetts who have made the ultimate sacrifice in Iraq and Afghanistan. They expect approximately 100 people to participate in the walk. Upon motion duly made and seconded, it was voted 5-0 to approve the request for the United States Army Reserve, Third Legal Support Organization, to use the battle Green on Saturday, October 2, 2010, at approximately 9:00 a.m. and then to march from the Battle Green to the st Battle Road for the 1 Battle Road Memorial March, subject to working out details with the Police and Department of Public Works. Proposed Shire Expansion Mr. Buckley, Reimer and Braunstein, and John Hart, Symmes Maini McKee, presented Shire HGT’s plans to construct an approximately 27, 000 square foot addition to the 300 Patriot Way building. The addition will be located on the south side, facing Route 2, and be approximately 30 feet in height with a 12 foot curtain wall enclosing the rooftop equipment. The addition will increase the cafeteria space and add conference rooms to the second floor. The addition represents an increase of 19% increase in floor area. Sensitive to the noise issues, representatives from Shire have met with abutters. The equipment will be acoustically screened. Storm Drain Marker Project Mr. Kennedy, representing the Watershed Stewards, came before the Selectmen to request approval of a project to install stainless steel storm drain markers on curbs adjacent to the storm drains to raise public awareness about the connection between storm drains and the health of local streams. The markers will be installed by the Watershed Stewards in conjunction with Conservation and Engineering. The project has been approved by Conservation, Engineering and the Lexington Center Committee. Selectmen’s Meeting – September 20, 2010 Upon motion duly made and seconded, it was voted 5-0 to approve the Storm Drain Marker Project to install stainless steel storm drain markers on curbs adjacent to the storm drains throughout Lexington, as presented. Appointments/Reappointments/Resignations th 300 Anniversary Celebration Committee th Upon motion duly made and seconded, it was voted 5-0 to appoint Mary Gillespie to the 300 Anniversary Celebration Committee. Design Advisory Committee and Associates Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Brown, Richard Friedson, Ginna Johnson, Bahig Kaldas, Timothy Lee, Alenka Slezak, Colin Smith, Brigitte Steines, and Steven Vincent to the Design Advisory Committee for 1-year terms to expire September 30, 2011. Upon motion duly made and seconded, it was voted 5-0 to reappoint Bruce Creager, John Frey and Betsy Whitman to the Design Advisory Committee as Associate Members for 1-year terms to expire September 30, 2011. Lexington Bicycle Advisory Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Stewart Kennedy and Michael Tabaczynski to the Lexington Bicycle Advisory Committee for 3-year terms to expire September 30, 2013. Upon motion duly made and seconded, it was voted 5-0 to appoint Robert Hausslein to the Lexington Bicycle Advisory Committee for a 3-year term to expire September 30, 2013. Lexington Center Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Frederic Johnson, Howard Levin and Jeffrey Lyon to the Lexington Center Committee for 3-year terms to expire September 30, 2013. Lexington Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to reappoint Victoria Campos and Christine Kyle to the Lexington Council for the Arts for 3-year terms to expire September 30, 2013. Lexington Human Rights Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Richard Capron, Robert Kent and Linda Vine to the Lexington Human Rights Committee for 3-year terms to expire September 30, 2013. Selectmen’s Meeting – September 20, 2010 Upon motion duly made and seconded, it was voted 5-0 to appoint Michael McLean, representing the Police, to the Lexington Human Rights Committee for a 3-year term to expire September 30, 2013. Sidewalk Committee Upon motion duly made and seconded, it was voted 5-0 to reappoint Lucinda Fletcher-Jones and Francine Stieglitz to the Sidewalk Committee for 3-year terms to expire September 30, 2013. Tourism Committee Upon motion duly made and seconded, it was voted 5-0 to appoint James Shaw to the Tourism Committee for a 1-year term to expire September 30, 2011. Approve Common Victualler, Entertainment and Coin Operated Licenses for Waxy O’Connor’s Upon motion duly made and seconded, it was voted 5-0 to approve and sign three (3) Automatic Amusement Device Licenses, an Entertainment License and a Common Victualler License for Waxy O’Connor’s Irish Pub & Restaurant, 94 Hartwell Avenue. Approve Common Victualler and Entertainment Licenses for Buca di Beppo Upon motion duly made and seconded, it was voted to approve and sign a Common Victualler License and an Entertainment License for Buca di Beppo, 20 Waltham Street. Town Celebrations Committee – Update Charge/Appointments Upon motion duly made and seconded, it was voted 5-0 to increase the membership of the Town Celebrations Committee from 9 to 11 members. Upon motion duly made and seconded, it was voted 5-0 to appoint James Shaw to the Town Celebrations Committee for a term to expire June 30, 2011, to fill the unexpired term of Sally Fisher. Upon motion duly made and seconded, it was voted 5-0 to appoint Richard Crogan to the Town Celebrations Committee for a term to expire June 30 2012. Upon motion duly made and seconded, it was voted 5-0 to appoint Linda Dixon to the Town Celebrations Committee for a term to expire June 03, 2013. Selectmen’s Meeting – September 20, 2010 Consent Agenda Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted 5-90 to approve the following adjustment of Water and Sewer charges: Adjustments of Water/Sewer Charges for September 20, 2010 $-704.72 Ratify Poll Vote – Lower Battle Green Flag on 9/11 Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the Battle Green Flag on Saturday, September 11, 2010. One-Day Liquor License – Cary Memorial Library Foundation Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Cary Memorial Library for a one-day liquor license to serve beer, wine and champagne for the Grapes, Grains and Bubbles Tasting at the Cary Memorial Library on Saturday, October 23, 2010, from 7:00 p.m. to 9:00 p.m. Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of August 31, 2010, September 7, 2010 and September 13, 2010. Executive Session Minutes Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes of August 31, 2010 and September 13, 2010. Documents Received 1.Shire 300 Building LTP Expansion drawing dated 9/15/10. 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 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 discussion may have a detrimental effect on the bargaining 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 Estabrook Summit September 24, 2010 A Summit regarding Estabrook School was held on Friday, September 24, 2010, at 12:00 noon in the Selectmen Meeting Room, Town Office Building. Chairman Manz, Mr. Kelley, Mr. Cohen, and Ms. Mauger; Mr. Valente, Town Manager; Mr. Addelson, Comptroller and Ms. Pease, Executive Clerk, were present. Also Present: All School Committee (SC) members; Dr. Ash, Superintendent of Schools; all members of the Appropriations Committee (AC), except Mr. Levine and Mr. Neumeier; all members of the Capital Expenditures Committee (CEC) except Mr. Edson; Mr. Goddard; Public Facilities Director; and Ms. Brown, Town Moderator. The purpose of the meeting was to decide on a short-term plan for the Estabrook School PCB issues; to discuss funding for Phase I and discuss the implications; and to discuss what should happen after Phase 1 is complete. Mr. Goddard reviewed the chronology starting in September 2009, when there was an article in the Boston Globe regarding PCB risk in older schools, through Phases 1-3 to complete the cleanup of the PCBs. See attached chronology and drawings. The current plan, which has been approved by the EPA, is to put plastic over the ceiling tiles in kindergarten classrooms and the corridor during the weekend of September 25-26 and then retest the air. If the tests show PCBs in the ceiling tiles the next step is to remove and replace the ceiling tiles and remove and replace the cove base, which follows the EPA guidelines. Regarding funding, currently approximately $531,000 has been spent using Public Facilities and School funds and Reserve Fund transfer. Removal/replacement of ceiling tiles and cove base will cost approximately $250,000. Upon motion duly made and seconded, the Board of Selectmen voted 3-1 (Kelley opposed) to support funding $250,000 for work in Phase 1 contingent on tests the weekend of September 25- 27 and then pause to evaluate results. Upon motion duly made and seconded, the School Committee voted 5-0 to support funding $250,000 for work in Phase 1 contingent of tests the weekend of September 25-27 and then pause to evaluate results. The group discussed how to fund the work that has been done to date and the future work. Most felt there should be a special town meeting scheduled. There needs to be a discussion about projects that have been budgeted and approved already that would have to be put aside to do the Estabrook work. If there is a Special Town Meeting planned for the fall, an article should be included for design money for a new Estabrook. At the October 6 Summit there will be a discussion regarding having a Special Town Meeting. Estabrook Summit – September 24, 2010 It was suggested that a Task Force be formed that at a minimum includes the following: 2 Selectmen, 2 School Committee; 2 member of Appropriations Committee (as Liaisons); 1 from Capital Expenditures Committee (as a Liaison), 1 from Board of Health; plus staff from Facilities, Superintendent’s Office and Town Manager’s Office; and possible members from the current Estabrook Task Force. The Task Force will evaluate the results of Phase 1 mitigation. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to form a Task Force as defined above. Upon motion duly made and seconded, the School Committee voted 4-0 to participate in the Task Force. Documents Presented 1.Estabrook Chronology dated 9/24/10. 2.Estabrook Remediation & Projected Costs dated 9/22/10. Upon motion duly made and seconded, the Board of Selectmen voted to adjourn at 2:00 p.m. A true record; Attest: Lynne A. Pease Executive Clerk