HomeMy WebLinkAbout2007-08-BOS-min
Selectmen’s Meeting
August 27, 2007
A regular meeting of the Board of Selectmen was held on Monday, August 27, 2007 at 7:00 p.m.
in the Selectmen’s Meeting Room. Chairman Krieger, Mr. Kelley, Mr. Cohen, Mr. Manz, Mr.
Burnell; Mr. Valente, Town Manager; and Ms. Chabot, Assistant to the Executive Clerk, were
present.
Public Comment
Mr. Seferian, Precinct 8, thinks that Lexington should follow the lead of several neighboring
communities and sever our relationship with No Place for Hate because it is sponsored by the
ADL. As the Liaison for the No Place For Hate Committee, Mr. Manz has a greater
appreciation for the work that they do, and would like to wait a reasonable time for a resolution
of the current controversy relating to the recognition of the Armenian genocide in the early part
of the twentieth century.
Selectmen Concerns and Liaison Reports
Mrs. Krieger discussed a citizen’s request for permission to hunt with bow and arrow within
Town lines.
Upon motion duly made and seconded, it was voted 5-0 to deny the request to hunt with bow and
arrow on Town property.
Town Manager Report
Mr. Valente asked the Board to recognize Mr. Hadley, Director of Public Works. Mr. Hadley
reported that due to an influx of Lexpress passes sold; pass riders will exceed capacity on bus
routes 1,2, 3 and 6. As a result, a temporary moratorium for these routes will be in effect until an
assessment of bus capacity is determined on September 12, 2007. Ms. Wagner, Transportation
Coordinator, has been in contact with the Schools regarding this matter.
Grant of Location – NSTAR Electric Company – Mass. Avenue
Ms. Carroll, an NSTAR Representative, was present to answer any questions from the Board.
The Department of Public Works/Engineering Division reviewed the petition of NSTAR Electric
Company to install conduit on Mass. Avenue from MH#21454 to #1720 Lexington Place
(formerly Battle Green Inn) and everything appeared to be in order.
Upon motion duly made and seconded, it was voted 5-0 to approve the petition of NSTAR
Electric for a location, and to construct, a line of conduits and manholes with the necessary wires
and cables therein, to be located under the surface of Massachusetts Avenue at MH#21454
Southeasterly, thence turning easterly approximately 10 feet east of Waltham Street, a distance
of about 182 feet.
Selectmen’s Meeting – August 27, 2007
Hearing – Liquor License Change of Manager – Max Stein’s
Mr. Augusto, the proposed new manager, presented the application for a change of manager on
the liquor license for Max Stein’s American on Hartwell. Mrs. Krieger reminded Mr. Augusto
that the restaurant has not paid their water bill since they opened in Lexington. Mr. Augusto
commented that he has been brought in to fix several problems, and will add that to his list.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of manager and issue an all alcoholic common victualler liquor license to Second Julian LLC
d/b/a Max Stein’s American on Hartwell, 94 Hartwell Avenue.
Hearing – Liquor License Change of Manager – Ixtapa Cantina
Mr. Brambila, the proposed new manager, appeared before the Board to answer any questions.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of manager and issue an all alcoholic common victualler liquor license to Green Pepper Inc.
d/b/a Ixtapa Cantina Mexican Family Restaurant, 177 Mass. Avenue.
Hearing – Liquor License Change of d/b/a – J& T Enterprises of Massachusetts, Inc.
Mr. Der Avedisian presented the request for a change of d/b/a to Omni’s Crushed Grapes &
More. He also inquired as to whether he could sell lottery tickets. Mrs. Krieger said that the
Board would look in to the question of lottery tickets and get back to Mr. Der Avedisian.
Upon motion duly made and seconded, it was voted 5-0 to approve the application for a change
of d/b/a and issue a Package Store all alcoholic liquor license to J&T Enterprises of
Massachusetts, Inc. d/b/a Omni’s Crushed Grapes & More, 411 Waltham Street.
Hearing - Pledge of Liquor License – Upper Crust Lexington LLC d/b/a The Upper Crust
Mr. Huggard presented the request for Pledge of Liquor License to TD Banknorth in connection
with a loan to the company.
Upon motion duly made and seconded, it was voted 5 – 0 to approve the application for a Pledge
of License for a common victualler all alcoholic liquor license for Upper Crust Lexington LLC
d/b/a The Upper Crust, 41 Waltham Street.
Hanscom Air Force Base – Emergency Medical Services Proposal
Chief Middlemiss, Lexington Fire Department, presented the proposal to provide
paramedic/ambulance service to Hanscom Air Force Base. Chief Middlemiss believes that
Lexington could provide this service and the revenue from the contract would allow us to staff a
Selectmen’s Meeting – August 27, 2007
second ambulance full time. The addition of four firefighter paramedics would be required to
carry out the proposed services.
The consensus of the Board was that this is a good idea in principle. Mr. Valente said that he
would do more homework as to the cost involved and see if he can get an extension on
responding to the RFP.
Approve CPA Grant Agreements
Mr. Valente presented the request for the Board’s approval of the Community Preservation Act
grant agreements. Town Meeting has approved CPA funding in the amount of $53,500 to the
Muzzey Condominium Association for an engineering study, and $44,000 to the Lexington
Historical Society for the Depot Building elevator. Town Counsel has prepared Grant
Agreements between the Town and each entity. The Agreements provide the documentation trail
the Finance Department needs to make these payments and provide for other protections for the
Town should the buildings be sold or the proposed projects not be carried out as authorized. Mr.
Cohen had no issue with the process for paying the grant to the Lexington Historical Society, but
wanted to review the procedure for how the money was being paid out to the Muzzey
Condominium Association. Mr. Kelley did not support the funding of these projects.
Upon motion duly made and seconded, it was voted 4 –1 (Kelley abstained) to approve and sign
the Grant Agreement between the Town and the Lexington Historical Society; and the Grant
Agreement between the Town and the Muzzey Condominium Association, related to CPA
funding approved by Town Meeting.
Hartwell Avenue Striping
Mr. Cannon, Assistant Town Engineer, presented the Pavement Marking & Signing Plan for
Hartwell Avenue prepared by the consulting company BSC Group. The proposed street striping
was presented at a meeting attended by Hartwell Avenue businesses, Bicycle Safety Committee,
Sidewalk Committee, and Traffic Mitigation group representatives of the Town Economic
Development, Engineering, and Police Departments. Based on community feedback, a final
proposal was presented to the Selectmen. Ms. Guttag, Precinct 5, stated that the four foot bike
lane really only provides two feet of space for the cyclist because of drainage and water run off.
Mr. Gleason, Precinct 7, said that the biking community supports the plan presented.
Upon motion duly made and seconded, it was voted 5-0 to approve the proposed street striping
presented in the Hartwell Avenue Study conducted by BSC Group.
Traffic Safety Advisory Committee – Adams Street Signage
After meeting with the principal of Fiske School and PTA representatives, the Police Department
requested that staff members of the Traffic Safety Advisory Committee review parking
restrictions on Adams Street in front of Fiske School. Parents are using Adams Street as a drop
Selectmen’s Meeting – August 27, 2007
off/pick up area, obstructing the cross walk and creating a traffic hazard. Mr. Cannon, Assistant
Town Engineer, presented the recommendation of posting Emergency Parking Only signs on
both sides of Adams Street from Porter Lane to East Street.
Upon motion duly made and seconded, it was voted 5-0 to approve the changes to the town
parking codes as recommended by staff members of the Traffic Safety Advisory Committee.
Selectmen Appointments
Sidewalk Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint Olga Guttag to the Sidewalk
Committee for a three-year term from September 1, 2007 – September 30, 2007.
Climate Action Plan Ad Hoc Committee
Upon motion duly made and seconded, it was voted 5-0 to appoint John Huchra to the Climate
Action Plan Ad Hoc Committee.
Ad Hoc Budget Schedule Committee
Upon motion duly made and seconded, it was voted 3-2 (Cohen and Burnell abstained) to
appoint the members of the Ad Hoc Budget Schedule Committee as follows: Norman Cohen
and George Burnell (Selectmen); Tom Diaz and Helen Cohen (School Committee); Bonnie
Brodner, Mary Ann Stewart, and Andy Friedlich (TMMA); Pam Hoffman and Susan McLeish
(Appropriation Committee Liaisons); David Kanter (Capital Expenditures Liaison).
Town Manager Reappointment
Recreation Committee
Upon motion duly made and seconded, it was voted 5-0 to approve the Town Manager’s
reappointment of Frederick DeAngelis to the Recreation Committee.
Franklin School
Upon motion duly made and seconded, it was voted 3-2 (Kelley and Burnell abstained) to send a
letter of support from the Town to the Massachusetts Historic Commission naming Franklin
School as a historic site.
Consent Agenda
Water/Sewer Commitments
Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments
of water and sewer charges:
Commitment of Water/Sewer Charges for March 2007 (Cycle 9) Revised $163,736.54
Commitment of Water/Sewer Charges for July 2007 (Cycle 9) $245,829.00
Selectmen’s Meeting – August 27, 2007
Commitment of Water/Sewer Charges for 7/1/07 to 7/31/07 (Final Bills) $10,330.44
Adjustments of Water/Sewer Charges for the period from 6/1/07 to 6/30/07 -$64,026.31
Adjustments of Water/Sewer Charges for the period from 7/1/07 to 7/31/07 $15,598.40
Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the minutes of July 31, 2007
(goal setting meeting) and July 31, 2007 (regular meeting).
Executive Session Minutes
Upon motion duly made and seconded, it was voted 5-0 to approve the executive session minutes
of July 31, 2007.
Use of Bikeway – Yale Club of Boston
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Yale Club
of Boston for permission to use the bikeway on September 16, 2007 for a bike event for 30-40
people beginning at 9:00 a.m.
Use of Battle Green – Walk For Farm Sanctuary
Upon motion duly made and seconded, it was voted 5-0 to approve the request of Steve Baer for
permission to have a Walk for Farm Sanctuary that would begin and end at the Battle Green on
Sunday, September 30 from 1:00 – 4:00 p.m.
Use of Battle Green – Lexington Preschool PTA
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lexington
Preschool PTA for permission to hold the Annual Halloween Parade on Saturday, October 27,
2007 (rain date October 28).
One-Day Liquor License – St. Nicholas Greek Orthodox Church
Upon motion duly made and seconded, it was voted 5-0 to approve the request for a one-day
liquor license by St. Nicholas Greek Orthodox Church for a Taste of Greece Fundraiser on
September 21, 22 and 23, 2007.
Ratify Poll Vote – One Day Liquor License
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote for a one-day liquor
license for Neillio’s Catering Corporate Function on Thursday August 9, 2007 from 5:30 p.m. to
9:30 p.m.
Ratify Poll Vote – Battle Green Flag Lowering
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the flag on
Friday, August 10, 2007 in honor of Richard Shaw.
Selectmen’s Meeting – August 27, 2007
Ratify Poll Vote – Battle Green Flag Lowering
Upon motion duly made and seconded, it was voted 5-0 to ratify a poll vote to lower the flag on
Monday, August 13, 2007 in honor of Clarence Turner.
Conservation Restriction
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the
Conservation Commission for a conservation restriction placed over a portion of 22 Butterfield
Road (Lot 8, Pheasant Brook Estates II, Assessor’s Map 38, Lot 138).
Executive Session
Upon motion duly made and seconded, it was voted by roll call 5-0 to go into executive session
for the purpose of property considerations, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m.
A true record; Attest:
Diana B. Chabot
Assistant to the Executive Clerk