HomeMy WebLinkAbout2003-05-BOS-minSelectmen's Meeting
May 5, 2003
A regular meeting of the Board of Selectmen was held on May 5, 2003 in the Selectmen's
meeting Room at 7:30 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy
and Mr. Kelley; Mr. White, Town Manager; Mr. Goldstein, Town Counsel; and Ms. Tap,
Recording Secretary, were present.
Ms. Tap opened the meeting with the first order of business being the reorganization of the
Board. She asked for nominations for Chairman. Mrs. Krieger nominated Mr. McSweeney.
There being no further nominations, nominations were closed. The vote was unanimous and Mr.
McSweeny was re- elected Chairman. The Board took their places at the table. Mr. McSweeney
thanked his fellow Board members. He said he feels that it is an honor to be a Selectman for the
Town of Lexington.
Use of Battle Green — Fife and Drum Muster and Tattoo
Upon motion duly made and seconded, it was voted to ratify a poll vote taken to approve the
request of the Lexington Minutemen to use the Battle Green for a Fife and Drum Muster and
Tattoo on May 2, 2003 from 5:00 to 8: p.m. and on May 3, 2003 from 8:00 a.m. to 5 p.m.
Keyspan Energy Delivery Grant of Location - Walnut Street and Piper Road
Keyspan permit representative Harold Cooper was present to review the petition of Keyspan
Energy Delivery for a grant of location at Waltham Street and Piper Road. He said that a passing
lane would be made available to traffic and a policeman would be present.
Mr. William Frawley, Potter Pond, asked how the workers could be made to reseal roads well
after their work, as recent jobs have left streets in bad condition. Mrs. McKenna suggested
setting a bond. Assistant Town Engineer David Carbonneau responded that the Engineering
division is trying, through improved working relationships with the utilities, to get better street
resealing.
Upon motion duly made and seconded, it was voted to approve the petition of Keyspan Energy
Delivery to install and maintain approximately 600 feet of 4 -inch gas main in Waltham Street
and 1500 feet of 4 -inch gas main in Piper Road, from the existing 4 -inch gas main in Waltham
Street at Concord Avenue, with three conditions:
1. that a passing lane would be available
2. that a police detail would be present
3. that the street would be resealed to the Town's satisfaction
Selectmen's Meeting — May 5, 2003
Traffic Safety Advisory Committee
Walnut Street Truck Exclusion Mr. Carbonneau presented the minutes of the Traffic Safety
Advisory Committees meetings on March 5 and April 2. At the March 5 meeting, the South
Lexington Civic Association asked for a truck ban on Walnut Street. They provided the Traffic
Safety Advisory Committee with a list of reasons for such a ban, including the narrowness of the
road (It is only 16 to 18 feet wide.) and lack of road shoulder. They also supplied photographs
illustrating their concerns. Many trucks use Walnut Street as a cut through from Trapelo Road to
Pleasant Street. The Traffic Safety Committee agreed with the residents, though service trucks
will be allowed and when development of the former Middlesex County Hospital site begins,
construction vehicles cannot be restricted from Walnut Street.
Mr. Carbonneau asked the Selectmen's permission to approach the City of Waltham for their
support for a truck exclusion. Mrs. Krieger commented that in future discussions with Waltham,
their representative should be reminded that there is a precedent for not having cut through
traffic from Trapelo Road to Concord Avenue. Much of the delay in the Met State Hospital site
reuse negotiations was caused by Waltham's insistence on a very circuitous route through its
portion of the site to prevent through traffic.
Mrs. Ione Bissonette, Walnut Street, thanked the Selectmen, but said that the speed of traffic on
Walnut Street is also a danger to pedestrians and bicyclists. Residents worry about construction
related traffic and the traffic that will be generated by the new development at the Middlesex
Hospital site. They would like some speed controls, like a speed bump.
The Selectmen agreed that Mr. Carbonneau should continue to work with Waltham on the truck
exclusion and referred the matter of traffic speed on Walnut Street back to the Traffic Safety
Advisory Committee. The Board will support these efforts.
Pedestrian Crosswalk Worthen Road at Douglass Funeral Home Police Department requests a
crosswalk to be installed on Worthen Road, due to heavy pedestrian travel between Douglass
Funeral Home and the parking lot across the street.
Upon motion duly made and seconded, it was voted to approve the recommendation of the
TSAC that a crosswalk and two crossing signs be installed on Worthen Road at Douglass
Funeral Home.
Child Safety Signage on Partridge Road Mr. Carbonneau said that Elizabeth Harvey, 31
Partridge Road, presented a petition to the TSAC signed by 47 neighbors requesting child safety
signage on Partridge Road because of the curvature of the road, increased traffic due to the
presence of a community pool, and the many youngsters in the neighborhood.
Selectmen's Meeting — May 5, 2003
Upon motion duly made and seconded, it was voted to approve the recommendation of the
TSAC for installation of "Children Crossing" and "Slow" signs in both directions on Partridge
Road approaching the curved section of road near the Paint Rock Community Pool.
Alternate Transportation Options Day Mr. Carbonneau reported that Gail Wagner,
Transportation Services Coordinator, presented the concept of an awareness day, scheduled for
May 15, to foster alternatives to private auto travel. TSAC will join the Bicycle Advisory
Committee and Transportation Advisory Committee as sponsors of this event.
Recommendation for TSAC Chairman TSAC would like to appoint Mr. Eric Zanin chairman of
the committee. He has served on the committee for two years.
Upon motion duly made and seconded, it was voted to appoint Mr. Eric Zanin chairman of the
Traffic Safety Advisory Committee.
Recommendation for new TSAC Member Gail Wagner has been serving in an adjunct role on
the TSAC. They would like to formalize her membership.
Upon motion duly made and seconded, it was voted to appoint Gail Wagner, Transportation
Services Coordinator, as staff liaison to the Traffic Safety Advisory Committee.
Parking in Worthen Road/Waltham Street Area Police Department has requested clarification of
allowed parking in the Worthen Road/Waltham Street area. Mr. Carbonneau recommended that
the distance on Worthen Road from the MBTA sign back to Waltham Street, a distance of 100
feet, should be posted as a no parking zone, with yellow curb added as well.
Upon motion duly made and seconded, the Board approved the Traffic Safety Advisory
Committee's recommendation that the distance on Worthen Road from the MBTA sign back to
Waltham Street, a distance of 100 feet, should be posted as a no parking zone, with yellow curb
added.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of April 10, 2003, as
amended.
Winston Flowers Request
Ms. Meredith Mahoney, representing Winston Flowers, requested permission to have a small
flower display outside of their store doors.
Selectmen's Meeting — May 5, 2003
Mrs. McKenna listed her reservations: the precedent it would set; previous refusal of a similar
request by a restaurant; and the fact that restaurants pay fees for sidewalk permits. She added that
the Historic Districts Commission would have to approve any structures used in the display. Mr.
Kelley and Mr. McSweeney also expressed concern about precedent.
Mr. Kennedy and Mrs. Krieger said they had no trouble with this request, saying that flowers
would enhance the attractiveness of the Depot Square area.
After some discussion, it was agreed to consult Town Counsel on the issue of precedent before
acting on this.
Lexington Brochure
Mrs. McKenna said that the Lexington Center Committee has worked hard to put together a
brochure showcasing every business in the center. Mr. White provided funding for design work
but money is now needed to print and distribute the brochure. The committee asked local banks
and other businesses for support with no success. Mrs. McKenna asked if the Board would
approve allocating $6,000 from the Selectmen's expense budget to this use.
Mrs. Krieger said that in view of the financial difficulties facing the town, the cuts that have
resulted, and the coming override vote, she felt she could not support this request. Mr. Kennedy
said he was in favor only of private funding. Mr. Kelley expressed his hope that private funds
can be found, as this project is worthy of support.
Mrs. McKenna's motion to use money from the Selectmen's expense account was not seconded.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote, Mr. Kelley, Mrs. McKenna,
Mr. McSweeney, Mrs. Krieger and Mr. Kennedy, to go into executive session for the purpose of
discussing employment matters, with intent to resume open session.
The Board returned to public session at 9:05 p.m.
intment of Executive Clerk
Upon motion duly made and seconded, it was voted 4 -1 (Mr. Kelley) to appoint Lynne Pease as
the Selectmen's Executive Clerk for a term to expire the end of this fiscal year, June 30, 2003.
Mr. Kelley stated that he does not support having only a part time staff person assigned to the
Selectmen's Office and using a non -staff person to take minutes at meetings.. Mrs. McKenna
stated that she supports the arrangement with the recording secretary and the Executive Clerk
only working 30 hours a week as a transitional arrangement but wants to revisit the issue in the
future.
Selectmen's Meeting — May 5, 2003
Widening of Route 95/128
Mr. McSweeney reported that residents of the Paint Rock neighborhood, which abuts Route
95/128, have asked the Board of Selectmen to sign a letter to be sent to Lexington's State
representatives, asking them to lobby for noise mitigation along the beltway, which is being
widened, and a new Route 3 off -ramp constructed. Residents of the neighborhood have suffered
severe noise impacts since128 was built in the 1950s. The widening process and its results will
make their situation worse. The Board agreed that the last sentence of the letter should be
removed. Mr. Kelley said that the letter's wording should be much more emphatic as that
neighborhood's quality of life has been very much lessened over the years by the presence of
Route 128. Mr. White will add stronger wording.
Upon motion duly made and seconded, it was voted to authorize the chairman to sign the letter
regarding the physical and aesthetic impacts of the Route 3 off -ramp construction on route
128/95 on the Paint Rock neighborhood. The letter will also be sent to the Massachusetts
congressional delegation, as federal funds might be used for the work.
Request for Litigation Updates
Mr. Kelley asked if the Board could have monthly executive sessions to receive updates from
Town Counsel on the progress and cost of litigation against the Town. Mrs. McKenna asked to
have a report on a specific case against the Town. Mr. McSweeney agreed to talk to Town
Counsel about setting up some meetings.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 9:15 p.m.
A true record, Attest:
Elissa M. Tap
Selectmen's Meeting
May 19, 2003
A regular meeting of the Board of Selectmen was held on May 19, 2003 in the Selectmen's
meeting Room at 7:30 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna, Mr. Kennedy
and Mr. Kelley; Mr. White, Town Manager; Mr. Lahey, Town Counsel; and Ms. Tap, Recording
Secretary, were present.
Public Comment
Public Works Week Mr. Bill Hadley, Director of Public Works, thanked the Board for
proclaiming the week of May 18 -23 as National Public Works Week in Lexington. He invited
the Selectmen to an open house at the DPW operations building on Bedford Street on May 22
from 10:00 a.m. until 3:00 p.m. He described some of the displays and demonstrations that
would be available to residents.
Mr. McSweeney thanked him for providing first -hand knowledge of public works operations to
residents.
National Emergency Medical Services week Fire Chief Peter Torode said that it is National
Emergency Medical Services week and he would like to recognize the efforts of some of his
employees. Paramedic Coordinator Don Chisholm has shown extraordinary dedication and
purpose in establishing an advanced life support system in Lexington. Chief Torode read from
his letter of commendation to Mr. Chisholm naming him as an administrator of merit. Firefighter
Chisholm met a number of obstacles over the past year and overcame them by persistence and
dedication. Mr. Chisholm was present to accept the award.
The Board of Selectmen voiced their appreciation for his fine efforts.
Chief Torode also announced an award of operational merit to Firefighter Peter Rickey who
could not be present this evening. At the 2002 Lions Club Carnival, he avoided a mass casualty
incident by anticipating and preventing hypothermia among a group of students on a very hot
day and showed initiative and skill in overcoming communications difficulties.
Mr. McSweeney thanked the firefighters present for coming to the meeting tonight. Their service
to the town is highly valued.
NSTAR Electric - Grant of Location
An NSTAR representative presented NSTAR's petition for permission to install approximately
12 feet of conduit under the surface of Bedford Street to provide electric service to a new
residential development.
Upon motion duly made and seconded, it was voted to approve the petition of NSTAR Electric
to construct, and a location for, a line of conduits and manholes with the necessary wires and
Selectmen's Meeting — May 19, 2003
cables therein to be located under the surface of Bedford Street in Lexington, southerly,
approximately 274 feet northwest of Simonds Road, install conduit a distance of about 12 feet at
pole number 6/65, with the condition that the street and sidewalk be restored to their previous
condition.
Solid Waste/Recycling Coordinator Presentation
Mr. Robert Beaudoin, Solid Waste/Recycling Coordinator, reported fiscal year 2003 solid waste
and recycling figures. Some basic results are:
• 19% increase in trash, less than projected year
• 3% increase in recycling
• the Town has about 1,700 tons to broker with, at $85 /ton; last year, the town sold 3,400 tons
at $65 /ton
• the tipping rate is $160, as projected; FY04 tipping fee will be $140.
Mr. Kelley asked how residents could understand this system and suggested that a quarterly
report that details the savings the system makes and reminds everyone, in detail, what can be
recycled, be issued. Mr. Beaudoin said that he welcomes such suggestions.
Mr. Beaudoin also presented two charts that showed comparisons of solid waste generation and
recycling tons by year: 2002 and 2003, and a four -year average. After 2005, there will be no
NESWC.
He also listed public awareness and other efforts being made at present, including a booth and
recycling containers around town during Discovery Day, distribution of a "recycling wheel ";
expanded efforts in the public schools and in Town offices; there is a building materials resource
center; the cathode ray /TV screen recycling effort has been doing well.
Mrs. McKenna and Mr. Kelley urged a high visibility presence of recycling bins and information
about what to recycle. Mr. Beaudoin said that at the upcoming Center Clean -up Day, those things
would be very evident. Mrs. Krieger commented that reducing trash overall should be
emphasized.
Consent Agenda
Public Official Liabilitv Bond
Upon motion duly made and seconded, it was voted to set the following Local Official Bond
amounts:
Revenue Officer - $190,000
Tax Collector - $180,000
Selectmen's Meeting — May 19, 2003
Accept Resignation of John Tarrh
Upon motion duly made and seconded, it was voted to accept John Tarrh's resignation from the
Lexington Council for the Arts.
Accent Conservation Land Gift — Mvrna Road
Upon motion duly made and seconded, it was voted to accept a gift of land, Lot 35 Myrna Road,
from the owner, Mr. Robert B. Chase, for conservation purposes.
Wayside Replace — Youth Coalition
Mr. McSweeney recognized the delegation representing the Wayside Replace youth and family
support network, and the Youth Coalition, consisting of Becket Rhode, Assistant Director of
Wayside, Cindy Kung, Eliza Duncan, Ray Wei, Sara Feinman and Jason Barth who wished to
address the Board.
The group described a number of issues relating to Lexington youth that concern them.
• They asked how they connect to decision - making in the town;
• They would like the Selectmen to support the conversion of the Christ Scientist Church
on Forest Street to a youth center;
They would like to see more youth friendly stores in Lexington;
They would like to have a student representative on the Lexington Center Committee
They want to have a voice in Town budget decisions
The selectmen responded with several ideas for the youth, including talking with Ms. Bohart,
Economic Development Officer, having an internet calendar listing activities in the community;
communicate with the student representative to the School Committee; go to other town
committees as they work on issues before those issues get to the Board of Selectmen. Mr.
McSweeney thanked them, saying that adults are very proud of Lexington's young people.
Winston Flower Display
Winston Flowers Visual Coordinator Meredith Mahoney asked the Board to approve Winston
Flowers' request for permission to have a display of merchandise for sale on the sidewalk out
side their front door. Economic Development Officer Mary Jo Bohart spoke of the draft
operational guidelines for Sidewalk Display of Floral and Plant Material, which had the input of
the Engineering Division, the zoning enforcement officer and the police department.
Mrs. McKenna asked for two additions to the guidelines: a provision that the Historic Districts
Commission, and other appropriate authorities, approve of the display and that the selectmen
may revoke the permit if the guidelines are not followed to their satisfaction.
Selectmen's Meeting — May 19, 2003
Upon motion duly made and seconded, it was voted 3 -2 (Kelley, McKenna) to approve the
guidelines, as amended.
Appointment - Board of Health
Upon motion duly made and seconded, it was voted to approve the Town Manager's
appointment of Jean Kelley to the Board of Health.
Common Victualler's License — Nicky's Ice Cream
Upon motion duly made and seconded, it was voted to approve the application and issue a
Common Victualler's License to Nicky's Ice Cream.
One -Day Liquor License — Parenting Resource Associates
Upon motion duly made and seconded, it was voted to approve the application and issue a One -
Day Liquor License to Parenting Resource Associates for a fundraising dance to be held on
Saturday, May 31, 2003, from 8:00 p.m. to midnight.
Limousine License Renewal — Kip Farris
Upon motion duly made and seconded, it was voted to approve the application and issue a
Limousine License to Kip Farris.
Meeting Schedule
The Board set the following meeting dates: June 9, June 30, July 21, July 22 (goal setting),
August 25, September 8 and 22.
Liaison Reports
The Spaulding Management Company has asked for a handicapped parking space at 1775
Massachusetts Avenue.
The Board discussed taking part in the Lexington Center Clean -up Day on May 31.
Mrs. McKenna reported that donations from individuals, businesses and the Fund for Lexington
have made possible the printing of the Lexington brochure before the end of June.
Mrs. McKenna asked if the Board should write to the Lexington employee labor unions
expressing their support for them, in response to Mr. Snyder's remark about town employees not
living in Lexington. It was felt that the Selectmen's strong position in favor of the upcoming
override vote is itself an indication of their respect for and support of employees.
Selectmen's Meeting — May 19, 2003
Mrs. Krieger reported that the Communications Advisory Committee accepted the report of the
focus group that was exploring the formation of an access corporation for a Lexington television
station. The committee will present its plans at the June 9 selectmen's meeting.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote, Mr. Kelley, Mrs. McKenna,
Mr. McSweeney, Mrs. Krieger and Mr. Kennedy, to go into executive session at 9:30 p.m. for
the purpose of discussing litigation, returning to open session only for the purpose of adjourning
the meeting.
The Board returned to open session at 11:20 p.m.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 11:20 p.m.
A true record, Attest:
Elissa M. Tap