HomeMy WebLinkAbout2003-11-BOS-minSelectmen's Meeting
November 3, 2003
A regular meeting of the Board of Selectmen was held on Monday November 3, 2003 in the
Selectmen's Meeting Room at 7:30 p.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna,
Mr. Kennedy, Mr. Kelley, Mr. White, Town Manager, Mr. Lahey, Town Counsel, and Ms. Tap,
Recording Secretary, were present.
Public Comment
Mr. McSweeney introduced four Boy Scouts who were present to learn more about local
government. He invited Alex, Joseph, Kyle and Ronnie up to the front of the room so they could
have their picture taken at the Selectmen's table and commended them for their interest in local
affairs.
Ms. Joyce Hals, a member of the Friends of Lincoln Park, said she found the letter to this
committee from the Public Grounds Superintendent inappropriate and threatening in tone. She
said the letter accused the group of doing unauthorized clearing near the park.
Mr. Amil Otra described his bad experience with three power outages over the course of a day at
his Marrett Square business and he is representing the other businesses at Marrett Square tonight.
He estimates his loss due to the power interruptions at $9,000 and said that NStar has been
unresponsive in these situations.
Mr. McSweeney said that the Board would bring this up the next time NStar is on its agenda.
Proclamation - Employee Recognition Day
Mr. McSweeney read a proclamation expressing appreciation for the Town's employees and
naming November 13, 2003 Employee Recognition Day.
Upon motion duly made and seconded, it was voted to sign the proclamation.
Driveway Easement — Grandview Avenue
Upon motion duly made and seconded, it was voted to grant Eleanor G. LeBeau, Trustee of the
LeBeau Family Trust, for $1.00 and other good and valuable consideration a perpetual right and
easement for driveway purposes over approximately 560 square feet of town -owned land located
next to the property known as and numbered 19 Grandview Avenue and shown as "Proposed
Driveway Easement" on the plan entitled "Easement Plan of Land Located in Lexington,
Massachusetts (Middlesex County)" prepared by Meridian Associates, Inc., and dated September
2, 2003, and to accept the covenant contained therein from Eleanor G. LeBeau, Trustee. The
grant of the aforementioned easement was approved as Article 30 at the Town of Lexington's
1997 Annual Town Meeting.
Selectmen's Meeting — November 3, 2003
Lexington Center Committee — Report to Selectmen
Sheila Watson, Chair of the Lexington Center Committee, gave a succinct report of the
Lexington Center Committee's concerns and needs: the Committee's 2003/2004 Priorities;
Things They Are NOT Working On; and Greatest Challenges. She asked for the Selectmen's
support on cleanliness, the Wine and Beer Initiative, art (support concept of performing arts
center in Cary Hall), zoning issues, as they evolve, and parking resolution.
Mrs. McKenna noted that the failure of the June 2 override, and subsequent cuts in DPW staff,
hit center businesses hard as trash collection and center cleanup has been curtailed. She agrees
with the committee that the parking formula for the center needs rethinking. Ms. Watson has
talked to Planning Board Chair Tom Harden about this issue. They hoped to bring this
discussion to Town Meeting this year.
Leo expressed the Board's appreciation for Ms. Watson's report and the Committee's work and
said we should all support their efforts to keep Lexington Center the vital and special place it is.
Holiday Lighting/Shoppers Night Events
Mary Jo Bohart, Chamber of Commerce, informed the Board about two upcoming Chamber of
Commerce sponsored events: the Holiday Lighting of the Center, which will take place on
Friday November 28 beginning at 6:30 p.m. in Emery Park. On Friday, December 5, the Holiday
Open House and Shoppers Night event will run from 5:00 to 9:00 p.m. with 50 -plus businesses
staying open late and offering special discounts and promotions to shoppers. She said that the
lighting costs thousands of dollars annually and asked everyone to consider making a financial
contribution toward this holiday event.
Mrs. McKenna asked if the Board would support making some free parking available to
shoppers on those special days and on Saturdays through the holidays.
Upon motion duly made and seconded, it was voted to provide free parking every Saturday
between Thanksgiving and year -end and after 4:00 p.m. on Friday, November 28 and December
5.
Verizon/NStar — Double Poles
Mr. Bill Zamparelli, Community Relations and Development Representative for NStar Gas and
Electric Corporation, was present to make a presentation in response to Lexington's electrical
reliability concerns. He introduced Amin Jessa, Manager of System Engineering; Calvin Layton,
Senior Arborist; and Tom Morahan, Manager of Electrical Operations at Waltham Service
Center.
Mr. Patrick Mehr, Electric Utility Ad Hoc Committee, noted that the report NStar distributed
tonight is out of date material.
Selectmen's Meeting — November 3, 2003
Mr. Jessa gave an overview of the electrical infrastructure in Lexington, which includes four sub-
stations. The biggest problem NStar Electric has in Lexington is with the trees. Trees are
beautiful but they also decline and many are on private property. Wildlife also causes problems.
A breakdown of reliability by circuits revealed that one of their higher voltage circuits has the
most problems. Corrective work is nearly done on this as part of a 2003 reliability plan. Visual
and thermographic inspections are carried out. They are in the process of converting to new
technologies that enable them to keep track by remote. Better back up is being put in place.
Mr. Layton described the team of arborists he has assembled. They work with Mr. Pinsonneault,
Superintendent of Public Grounds and are on a three -year cycle of trimming and removal.
Mrs. McKenna indicated that the utilities have been unresponsive to reported problems. Mr.
Layton urged people to call them, as they are now more proactive.
Mr. Morahan described his maintenance and testing operations. At Mrs. Krieger's request, he
said he would provide a copy of his report to the Selectmen.
Mr. Mehr urged the Selectmen to ask NStar to communicate with his committee, which
comprises many professionals and experts in this field. He also urged the undergrounding of
utility wires.
Relative to the Marrett Square businesses that had an expensive power outage in October, and
who called NStar repeatedly about that outage, Mr. Jessa indicated that the company is working
on its internal communication issues.
Ingrid Klimhoff, Electric Utility Ad Hoc Committee, described an all day outage at the high
school and the glacial speed of NStar's response.
Verizon/NStar — Double Poles
Mr. Bowman, Verizon, gave a status report on the company's progress with double pole removal
in Lexington, having agreed to remove 20 per month. They are using Lexington as a trial
community in their efforts to coordinate with all the companies who use the poles: Comcast,
Verizon, NStar, and RCN.
Mrs. McKenna pointed out that they had also installed new poles resulting in a net loss of only
12 double poles and asked for a plan for removing poles. Mr. Bowman said they are trying to
balance their resources. Mrs. McKenna countered that they are not complying with the law. She
mentioned that if significant progress was not made, she would urge her colleagues to pass a fine
structure similar to the new Bedford regulations.
Selectmen's Meeting — November 3, 2003
Mr. Walsh, NStar, indicated that Verizon did not know that NStar would be installing so many
poles.
Mrs. McKenna urged them to meet regularly with the Electric Utility Ad Hoc Committee on
reliability issues and to look at undergrounding of utilities. The above ground infrastructure is
unsightly and high maintenance.
Mr. McSweeney indicated that Lexington wants 30 double poles removed per month and asked
the company representatives to beef up their crews and provide a plan.
Committee Charge - Public Works Facility /Senior Center Advisory Committee
The Selectmen reviewed a proposed charge for the Public Works Facility /Senior Center
Advisory Committee. Mrs. McKenna suggested some revisions to the bulleted information and
to the last paragraph.
Upon motion duly made and seconded, it was voted to approve the charge for the Public Works
Facility /Senior Center Advisory Committee, as amended.
Committee Charge - Policy Manual Committee
The Board reviewed a proposed charge for the Policy Manual Committee.
Upon motion duly made and seconded, it was voted to approve the charge for the Policy Manual
Committee, as written.
Presentation - Article 5: Home Rule Petition for Baby Safe Haven in Lexington
Mr. Morrisey, 15 Clelland Road, presented to the Board a Home Rule Petition for Baby Safe
Haven. He urged the Board to support the petition and place it on a Town Meeting Warrant. It
would make Lexington a Safe Haven Community,. The petition, if adopted, would protect
parents who abandon a baby from prosecution so they might bring the child to the Police Station
or other designated safe haven with no fear of legal action. The larger aim of the petition, which
has been adopted by five communities in Massachusetts, is to have the State pass such
legislation.
Mrs. Krieger asked for statements from the Police and Fire Chiefs. Mr. Casey indicated that it
would be feasible. Mr. Torode saw a few procedural issues that would have to be worked out but
otherwise it would be feasible. These potential issues troubled Mrs. McKenna. The Board agreed
to have the petition examined by Town Counsel before they act on it.
Selectmen's Meeting — November 3, 2003
Special Town Meeting
The Board reviewed the list of offsets suggested by Mr. McSweeney to solve the FY04 budget
deficit, now seen to be $1,723,797.
Mrs. Brown, Appropriations Committee, said her committee had reviewed Mr. McSweeney's list
and based on that recommends that the Selectmen take the pension holiday in the amount of
$1,400,000 instead of his suggested $397,655, and to restore the difference to the snow removal
budget. They believe this amount offers more options as the process goes forward but it does
require payback in FY06. Three unknown amounts representing potential problems are the Early
Retirement Incentive, the $225,000 staff challenge in FY04 and the Minuteman Technical High
School assessment.
She will provide the Board with more written material on the committee's recommendations
before the Board meeting on November 10.
Mr. White described the situation the Town is in and gave some background on why. The Town
has a structural finance problem: its base is so large that appropriation demands are growing at a
higher rate than its ability to raise revenue. This has been the case for 15 years or more and we
have been juggling it by fluctuations in appropriations with free cash, in down years
appropriating more free cash than we have. We have been using a higher projection for local
receipts and taking more risks. We have been borrowing and increasing the debt service. We
now need to address the fundamental problem.
Good news is: the NESWC reduction is a real reduction. In addition, energy revenue will
produce $300,000 for the stabilization fund. But we need to take fewer risks.
Mr. Kelley indicated that he does not want to use retirement money to balance the budget. He
would like to see the Board commit itself to seeking out methods it can use to solve this 04
budget crisis and ask the schools and municipal side to look for ways.
Mrs. McKenna moved that the Board adopt the Appropriation Committee's suggestion to take a
$1.4 million pension holiday and accept all of the new growth. To the extent that those numbers
exceed our deficit number, that it be applied to raise the snow and ice number. There was no
second.
Mrs. Krieger said she would like to study the figures more. She is not prepared to see more cuts
made.
Saturday Lexpress Service in December
The Transportation Advisory Committee asked that the Board consider making Lexpress
available on Saturdays for holiday shopping. They indicated that financial projections were
strong and felt they could afford the service on this limited basis.
Selectmen's Meeting — November 3, 2003
Upon motion duly made and seconded, it was voted to approve Saturday Lexpress service for the
four Saturdays in December and if possible, for Saturday, November 29.
Town Manager Appointments — Board of Health
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of Burt M. Perlmutter and the appointment of Sharon MacKenzie to the Board of
Health.
Appointments/Reappointments/Resignations
Communications Advisory Committee
Upon motion duly made and seconded, it was voted to accept the resignation of Howard Cravis
from the Communications Advisory Committee, effective immediately.
Board of Appeals Associates
Upon motion duly made and seconded, it was voted reappoint Jacqueline Davidson, David
Williams, Carolyn Wilson and Martha Wood as Board of Appeals Associates.
Design Advisory Commttee
Upon motion duly made and seconded, it was voted to reappoint Eric Brown, Sarah Harkness,
Bahig Kaldas, Eva Kasell, Carl Oldenberg, Alenka Slezak, Richard Sperandino and Olga
Veronina to the Design Advisory Committee.
Upon motion duly made and seconded, it was voted 4 -1 (McKenna) to reappoint Steven Hurly to
the Design Advisory Committee.
Lexington Center Committee
Upon motion duly made and seconded, it was voted to appoint Howard Levin to the Lexington
Center Committee for an unexpired term to expire September 30, 2004.
Tourism Committee
Upon motion duly made and seconded, it was voted to appoint Bebe Fallick and Charles French
to the Tourism Committee for one -year terms to expire September 30, 2004.
Battle Green Request — Lexington Justice and Peace Committee
Upon motion duly made and seconded, it was voted 4 -1 (McKenna) to approve the request of the
Lexington Justice and Peace Committee to hold a one -hour peace vigil on the Battle Green every
Wednesday at 5:30 p.m. from November 5, 2003 through December 31, 2003.
Selectmen's Meeting — November 3, 2003
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the Executive Session minutes
for February 3, March 10, April 14 and July 28, 2003.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelly, Mr. Kennedy,
Mrs. Krieger, Mrs. McKenna, and Mr. McSweeney to go into executive session for discussion of
a matter of salary and personnel issues, with no intent to return to open session.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 11 p.m.
A true record, Attest:
Elissa M. Tap
Recording Secretary
Selectmen's Meeting
November 10, 2003
A regular meeting of the Board of Selectmen was held on Monday November 10, 2003 in the
Selectmen's Meeting Room at 7:00 a.m. Chairman McSweeney, Mrs. Krieger, Mrs. McKenna,
Mr. Kennedy, Mr. Kelley, Mr. White, Town Manager, Mr. Lahey, Town Counsel, and Ms. Tap,
Recording Secretary, were present. The School Committee and Mrs. Benton, School
Superintendent, were also present
The chairman opened the meeting and announced that the Board would be going into executive
session with the School Committee to discuss salary negotiations, from which the Board would
resume open session at approximately 8:00 a.m.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelley, Mr. Kennedy,
Mrs. Krieger, Mrs. McKenna, and Mr. McSweeney, to go into executive session to discuss salary
negotiations.
Open session resumed at 8:30 a.m.
Special Town Meeting
Mr. McSweeney indicated that the Board would try to decide on one list of items with which to
balance the FY04 budget at the Special Town Meeting on next Monday, November 17.
Mrs. Krieger presented her suggestions for covering the deficit.
Mrs. Brown, Appropriations Committee, presented the unanimous Appropriations Committee's
position on the FY04 budget deficit.
Mr. Kelley expressed his opposition to using the Pension Holiday to balance the budget.
It was agreed the choices are very difficult.
Upon motion duly made and seconded, it was voted to accept the deficit as described:
$719,146
FY03 Snow and Ice Deficit
604,651
State Aid Reduction (from Town Meeting)
200,000
Local Receipts Adjustment
200,000
Snow & Ice Adjustment
61,000
Minuteman Tech assessment
$1,784,797
Selectmen's Meeting — November 10, 2003
Upon motion duly made and seconded, it was voted 4 -1 (Kelley) to offset that with:
$350,000 NESWC Tipping Fee Reduction And Stabilization Fund Withdrawal
400,000 Unanticipated New Growth
1,034,797 Pension Holiday
$1,784,797 Offset
East Lexington Fire Station
Mr. Kelley indicated that he wants to use money earmarked for repairs to the Central Fire Station
to open the East Lexington Fire Station by December 1, 2003, out of concern for public safety in
that end of town.
Mrs. Krieger indicated her reluctance to restore just one item out of the many public safety areas
that were cut by the override's failure. She alluded to the recently appointed Public Safety
Staffing Review Committee that is looking at this issue, and looked forward to its report. Mr.
Kennedy said that the issue of public safety needs a comprehensive study.
Mrs. McKenna expressed her hope that fire personnel would work with the Board to make the
money stretch to accomplish this, and her intention to propose other cuts in the FY05 budget in
order to be able to open the East Lexington Fire Station.
Mr. McSweeney indicated he would support this if a study were undertaken to figure out if the
money is there to open and keep open the firehouse.
Upon motion duly made and seconded, it was voted 3 -2 (Kennedy, Krieger) to ask to propose to
the Special Town Meeting that $100,000 be reallocated from the building envelope fund for the
purpose of fire personnel to open the East Lexington Fire Station.
It was agreed to provide the figures to the Capital Expenditures Committee so they can look
them over before the Special Town Meeting.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 9:20 a.m.
A true record, Attest:
Elissa M. Tap
Recording Secretary
Selectmen's Meeting
November 17, 2003
A regular meeting of the Board of Selectmen was held on Monday November 17, 2003 in the
cafeteria, Clarke Middle School, at 6:50 p.m. Chairman McSweeney, Mrs. Krieger, Mrs.
McKenna, Mr. Kennedy, Mr. Kelley, Mr. White, Town Manager, Mr. Lahey, Town Counsel, and
Ms. Tap, Recording Secretary, were present.
The chairman opened the meeting and announced that the Board would go into executive session
to discuss matters relative to contract negotiations from which the Board will resume open
session.
Executive Session — 6:50 D.M.
Upon motion duly made and seconded, it was voted by roll call vote: Mr. Kelley, Mr. Kennedy,
Mrs. Krieger, Mrs. McKenna, and Mr. McSweeney, to go into executive session.
Open session resumed at 7:05.
Noise By -Law Committee Report - Arlex Oil Corporation
Some members of the Noise By -law Committee were present: Anthony Galaitsis, Julian
Bussgang, Martha Wood, and Myla Kabat -Zinn.
The Board of Selectmen asked the Committee to make a recommendation regarding a verbal
request from Arlex Oil Corporation ( Arlex) to waive the provisions of the Noise By -law for their
oil truck operations. The Committee provided a report and recommendation in a document dated
November 12, 2003. Its recommendation was to grant a six -month Special Permit to Arlex to
allow tankers and other oil trucks to operate between the hours of 11 p.m. and 6 a.m.
( "nighttime "), not to exceed 25 nights. Some conditions relative to reporting nighttime operations
to police and recording violations and complaints were described, and a transition period of six
months recommended, providing Arlex with enough time to adjust operations so as to fully
comply with Lexington's Noise By -law. The report also detailed complaints by abutters whose
sleep is often disrupted by Arlex trucks.
Mr. Jack Maloney, Operations Manager for Arlex, gave a brief overview of the company's 65-
year history in Lexington. The company has had its operations at 275 Massachusetts Avenue for
53 years and another at 240 Bedford Street for 46 years. He told the Board that flexible hours of
operation are necessary due to changes in the industry including just -in -time inventory control.
They must pick up oil at Boston Harbor within time periods set in their contract with the supplier
to avoid penalties for late pick -up, and when traffic conditions are favorable. Oil delivery trucks
are filled at night in Lexington to be ready for the next day's deliveries.
Mr. Bussgang reviewed the Arlex case and explained that Lexington's Noise By -law is based on
state and federal regulations. He said that the Selectmen could grant a special permit in
emergency or other special conditions.
Selectmen's Meeting — November 17, 2003
Mr. Galaitsis presented the Committee's recommendation.
Attorney Mark A. Kablack, representing residents of 12 Brandon Street, asked the Board not to
issue the special permit, as there are no special conditions to warrant it. A number of abutters to
Arlex operations spoke against granting it as well. Other abutters spoke in Arlex's favor. Several
owners of other Lexington businesses defended Arlex, and particularly pointed out the many
civic contributions made by Mr. Eagle and Arlex to the town.
Mrs. Kabat -Zinn presented her vote against the Committee's recommendation, citing Arlex's
failure to document the emergency nature of its nighttime operations. She also stated her belief
that despite good works on the part of business owners, the by -law should be evenly applied to
all.
Mr. Susnock, 12 Brandon Street, presented the Selectmen with a petition against the special
permit, signed by 34 people.
Mrs. McKenna observed that while the Selectmen may grant special permits with its own
guidelines, those guidelines must balance the needs of both parties. The fact that the company
has been here for many years carries a lot of weight in her mind. She indicated that Arlex has
learned a lot during this process with the Committee about peoples' objections and has said it
will try to adjust its operations. It has already arranged to have its trash contractor come during
hours that comply with the Noise By -law.
Mrs. Krieger thanked the members of the Committee for their analysis and commented that the
Town's by -laws try to balance the needs of residents and business. Lexington's definition of
'nighttime' is more liberal to businesses than other towns'. She agreed that the 25 nights over the
six months of a special permit seems a reasonable compromise and she supports the Committee's
recommendations.
Mr. Kelley observed that the Noise By -law was adopted many years after Arlex was an
established business and Arlex was not notified of the potential, then actual, change to the
general by -laws. Arlex is the only oil company left of three that operated in Lexington in
previous years. It wants to remain a part of Lexington and serve its residents, which it does very
reliably. He believes it will do what it must to improve things for the abutters.
Mr. Kennedy thanked the Committee for its report and expressed his support of the special
permit.
Mr. McSweeney indicated that he thinks the Noise By -law process was good and that Arlex will
try to adjust to it.
Selectmen's Meeting — November 17, 2003
Upon motion duly made and seconded, it was voted 4 -1 (Krieger) to grant a special permit to
Arlex Oil Corporation to operate their heating oil business and that Arlex should continue to
work on ways to minimize noise throughout the year between 11:00 p.m. and 6:00 a. m.
Upon motion duly made and seconded, it was voted to adjourn the meeting at 7:55 p.m. and
reconvene in the school's auditorium at 8:00 p.m. for the Special Town Meeting
A true record, Attest:
Elissa M. Tap
Recording Secretary