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HomeMy WebLinkAbout2001-12-BOS-minSelectmen's Meeting Minutes December 3, 2001 A regular meeting of the Board of Selectmen was held on Monday, December 3, 2001 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Town Meeting Member Executive Board member Alan Lazarus spoke of a position of the Executive Board supporting the position of the Appropriation Committee that the issue of weekly recycling should be addressed in Town Meeting. Mr. Lazarus invited the Board members to come to the TMMA Executive Board meeting on December 12 to discuss the matter. Mrs. Krieger said she would be out of Town on the 12 but could make the next meeting in January. The matter of weekly recycling will be brought back on the Selectmen's Agenda. Mr. Lazarus referred to a second letter to the Selectmen regarding an issue raised by Patrick Mehr concerning service and prices from Nstar for the Town's electrical needs and the recommendation that the Selectmen appoint a committee to conduct a long -term study of the issue for Lexington. Mrs. Krieger indicated that once we get through the budget process, we will schedule it on an Agenda. Center business owner Liz Stevenson spoke of her concerns about the Depot Square Project. One of the six points agreed to was the completion of the East sidewalk. Not until today was there any cleanup at the Park. Three large pieces of equipment were left. No improvement of the handicap ramps. Mr. White said that Ginna Johnson, Bill Hadley and he met with the contractor and did convey the concerns and questions of the community. I know on a regular basis that the employees do park their cars in the lot. We did remove the barrels from the Mass. Avenue side and replaced them with posts. The contractor has made a concerted effort to deal with the issues. Order of Construction and Taking_ of Sewer Easements — Lincoln Street, Weston Street, Westview Street and Maguire Road Upon motion duly made and seconded, it was voted to issue the order of construction and taking of sewer easement and to certify the following sewer betterment assessments: Scott M. Hannah, Map 35, Lot 8 $3,401.00 Charles E. MacLeod Revocable Trust, Map 35, Lot 12 $5,420.00 Liza Palacios, Map 35, Lot 9 $6,167.00 Albert R. and Gertrude M. Piantedosi, Map 35, Lot 2 $22,513.00 Reine H. and Louise C. O'Conner, Map 35, Lot 3 $6,754.00 Leo P. and Margaret McSweeney, Map 35, Lot 4 %16,210.00 Evelyne G Roman, Map 85, Lot 2 $5,316.00 Nicholas and Mary A. DeFelice, Map 85, Lot 3 $6,073.00 Selectmen's Meeting— December 3, 2001 Joseph and Mary J. DeFelice, Map 85, Lot 4 $6,997.00 Cheryle A. West, Map 85, Lot 5 $10,545.00 Resignations /Appointments/Reappointments Fair Housing and Human Relations Committee Upon motion duly made and seconded, it was voted to accept with regret the resignation of Florence Baturin from the Fair Housing and Human Relations Committee. Upon motion duly made and seconded, it was voted to appoint Kenneth Elmore to the Fair Housing and Human Relations Committee for a term to expire September 30, 2003. CommunicationsAdvisory Committee Upon motion duly made and seconded, it was voted to appoint Michael Morrisey to the Communications Advisory Committee for a term to expire September 30, 2004. Human Services Committee Upon motion duly made and seconded, it was voted to appoint Mary Rommel, Russell Schutt, Sufyan Sheikh and Robin Zucker to the Human Services Committee for terms to expire September 30, 2004. Traffic Safety Advisory Committee Upon motion duly made and seconded, it was voted to reappoint Steven Corr to the Traffic Safety Advisory Committee for a term to expire September 30, 2002. License Renewals Upon motion duly made and seconded, it was voted to approve the applications and issue renewal licenses as follows: Class I Lexington Toyota Sales, 409 Mass. Avenue Class II A to Z Auto Wholesale, 22 Prospect Hill Road David Riccardi, 35 Bartlett Avenue Class TTT John P. Carroll Company, Inc., 700 Waltham Street Selectmen's Meeting— December 3, 2001 Coin Operated Amusement Devices Lexington V.F.W. 3007, 2 Hayes Lane (2 licenses) Common Carrier Lexpress Shuttle Service, 60 Olympia Avenue, Woburn (4 licenses) Common Victualler Athenian Restaurant, 177 Mass. Avenue Dabin Restaurant, 10 -12 Muzzey Street Khushboo, 1709 Mass. Avenue Lemon Grass Restaurant, 1710 Massachusetts Avenue Lexington Golf Club, 55 Hill Street Lexington House of Pizza, 399 Lowell Street Mario's Italian Restaurant, 1733 Mass. Avenue Peking Gardens, 17 -31 Waltham Street Sheraton Lexington Inn, 727 Marrett Road Yangtze River Restaurant, 21 -25 Depot Square Fntertainment Sheraton Lexington Inn, 727 Marrett Road Innkeeper Sheraton Lexington Inn, 727 Marrett Road Sewer Betterment Deferral Upon motion duly made and seconded, it was voted that the sums set against Map 18, Lot 5A amounting in the aggregate to $6,210.29 be deferred. Classification of Real and Personal Board of Assessors Chairman William Jackson, Sara Robinson, Robert Foster and Town Assessor Joe Nugent were present for a joint Classification Hearing and Information Session on the tax classification options available under Massachusetts General Laws. Mr. Jackson reviewed the valuations as of January 1, 2001: Residential at $4,706,431,500, an increase of 12.0 %; C /I/P at $911,710,050, an increase of 11.9 %. The total valuation is $5.6 billion. Board members discussed keeping the CIP factor at 1.6 for FY02; however, it was decided that would give 25% of the savings from the pay as you throw program to commercial or $194,220. It was decided that in order to give the entire $747,000 savings to the residents, the C /I/P factor should go to 1.62. Upon motion duly made and seconded, it was voted to set the C /I/P factor at 1.62. Selectmen's Meeting— December 3, 2001 40B Review Committee Upon motion duly made and seconded, it was voted to appoint Harriet Cohen from the Fair Housing and Human Relations Committee, Marshall Derby from LexHAB, John Frey from the Design Advisory Committee, Thomas Harden from Planning, Anne Whitney, Director of Lexington Housing Authority, Bill Taylor from the neighborhood and Sheila Marian as Staff Liaison for the Board of Appeals to the 40B Review Committee. Library Foundation Shirley Stolz presented a request from the Library Foundation for an extension of the time that the banners for the building campaign remain up around the old library, Cary Hall and the East Lexington Library. The commitment was made that the Foundation would come back to the Selectmen at the end of November. The Historic Districts Commission does not have jurisdiction over this matter because it is a non - profit organization and the banners are up on a temporary basis. The Foundation has checked with the Town Celebrations and Tourism Committees and they have no problem with them being up through June 30. Upon motion duly made and seconded, it was voted to approve the extension of time for the banners to remain up until June 30, 2002. Budget Presentations Town Manager Assistant Town Manager Linda Vine presented the Town Manager's Budget for FY03 : General Insurance - $592,000 (Health Insurance number will be coming in January but is anticipated to be a $2.9million increase), Unemployment Benefits - $40,000, Police & Fire Medical - $60,000, Municipal Salary Adjustment - $327,668, Municipal Services and Expenses - $168,376, Organizational Direction and Admin. - $292,800, Human Resources - $40,113, Misc. Boards and Committees - $8,755, Public Celebrations - $25,000, Town Report - $6,000. Selectmen Executive Clerk to the Board Phyllis Smith presented the FY03 budget request for: Board of Selectmen Administration - $138,494 and Legal Expenses - $260,000. Economic Development and Tourism Mrs. McKenna presented a request of $10,000 for the first year's expenses anticipated by the Tourism Advisory Committee as a line item in the Economic Development office budget. Mrs. McKenna also reviewed a request of an estimated $150,000 to upgrade the Visitors' Center. Board members asked the Manager to bring back a prioritized list of the program enhancements for the next meeting along with identification of any revenue offset numbers so that the Board will be able to begin thinking of items that should be included in the budget. Selectmen's Meeting— December 3, 2001 Capital Budget Town Engineer Peter Chalpin presented the FY03 Capital budget requests for: Building Envelope - $685,000, DPW Equipment - $327,500 and Traffic Improvements in the Center - $150,000. Assistant Town Engineer David Carbonneau presented the FY03 requests for: Street Improvements - $1,100,000 for FY03 and $7,000,000 phased in over a four -year period; Storm Sewer Improvements - $100,000; Sidewalk Improvements - $100,000 and Water Distribution Improvements - $900,000. Recreation Director Karen Simmons presented the FY03 requests for: Pine Meadows Improvements - $300,000 and Playground Improvements - $30,000. Fire Chief Peter Torode presented a FY03 request to Replace Engine 2 - $311,800. Capital Expenditure Committee Chair Tom Griffiths said one thing that bothers him is that they are still seeing that the Senior Center is being carried at 30,000 square feet. There has been discussion about a day care facility at Muzzey. Seems time to put a more realistic figure of a 20,000 to 25,000 square foot facility. We were surprised at the construction esimate of $10 million. The elementary school estimate is $173 /square foot. We would really like to be able to get estimates for the facility. Liaison Reports Mr. Enrich reported that the Community Preservation Act Study Committee has met quite frequently and will likely come back to the Board with a range of options that will reflect the rather diverse views of the community. We did have concensus that we believe we would have an article reserved on the Warrant concerning the CPA. Mrs. Abbott as Library Trustee explained that the status of the construction project is on the Library web page and is updated regularly. Upon motion duly made and seconded, it was voted to adjourn at 10:40 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes December 10, 2001 A regular meeting of the Board of Selectmen was held on Monday, December 10, 2001 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Perry Pollins said he read in the Boston Globe that the Town has paid $200,000 in legal fees concerning the creche case. Mr. Pollins complained about spending taxpayers' dollars defending the creche case and the PAYT case. Mr. Enrich replied that the figures were simply the attorney for the Knights of Columbus saying what he spent and that he assumed the Town would be spending the same. That is hardly the best evidence of what we have spent. The other thing that needs to be noted is that at every stage of the litigation the courts have held that the Town's position is correct and justified. It would be foolish to accede. 2020 Vision Implementation Committee Update 2020 Vision Implementation Committee members Ellie Epp and Bernard Harleston gave the Board an updated report on the work of the Committee, and with the Boards approval plans to identify the five themes in the warrant, include in the warrant article description where appropriate any relationship to a 2020 vision goal or action and identify all such articles with a special logo in the printed warrant, and provide an index in the warrant that lists all 2020 vision themes, goals and actions along with an indication of relationships to specific warrant articles. Buffets Program Enhancement Prioritization Mr. White explained that the budgets that have been presented to the Board show an increase of $2.5 million without cash capital. Mr. White gave Board members a list of operating increases and program improvements previously identified by the Department Heads explaining that the list has some elements of contractual obligations such as contributory retirement and liability insurance. Board members reviewed the list of program improvements and operating increases previously presented to the Board amounting to $1.7 million, prioritized them and asked the Manager to bring the prioritized list back at a future meeting along with additional information in identified areas. Selectmen's Meeting— December 10, 2001 Mr. White also presented different options pertaining to the waste management program. Mr. Enrich indicated he preferred to go with a budget increase of $355,000 for Refuse Disposal that would include $73,000 to go to weekly recycling. Upon motion duly made and seconded, it was voted to increase the budget for Refuse disposal and recycling by $355,000. 40B Ad Hoc Committee Review Charge Mr. White presented the Board with a recommended charge and suggested meeting schedule for the 40B Ad Hoc Committee that will review the application of Rising Tides Development Corporation regarding property on Lowell Street. The Board asked the Manager to add the word Tentative to the Schedule and Agenda. Upon motion duly made and seconded, it was voted to approve the charge and tentative schedule and agenda for the 40B Ad Hoc Committee. Upon motion duly made and seconded, it was voted to appoint Tony Close to the 40B Ad Hoc Committee. Upon motion duly made and seconded, it was voted to adjourn at 9:28 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes December 17, 2001 A regular meeting of the Board of Selectmen was held on Monday, December 17, 2001 in the Selectmen's Meeting Room at 7:30 p.m. Mrs. Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Lahey, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Dilip Mathur of 18 Grant Place inquired about the noise control bylaw. He said the law is not being enforced. There is unwarranted noise from the dumpsters in the center waking the neighborhood up. I called the police. They do not have a noise meter and one has not yet been ordered. Mr. White replied that there is a noise meter in the Board of Health. Mrs. Krieger asked for a report back to the Board in four to six weeks. Steve Tripi spoke of a bad experience with the web site e -mail. Mrs. McKenna indicated she understood that Mr. Lahey will be looking into the issue. Enablement Committee member Susan Cusack said the Committee has been working on a variety of issues: the Visitors' Center has moved to the top of our list; if you are in a wheelchair you cannot gain access to the building, the bathrooms are not handicap accessible. There is a lot of support on this issue and we hope it is brought back into the budget this year. Lorraine Fournier complained that during the live nativity celebration there were demonstrators who did not have permission to be on the Battle Green. Trustee of Pubic Trusts David Williams indicated they had an informal poll of the Trustees and they would be willing to help in the refurbishing work on the Obelisk at the Battle Green. They could contribute up to $10,000 from three different funds. Mrs. McKenna indicated that the Fund for Lexington Board had a conversation about the repair work and voted to authorize up to $5,000 for the project. Mrs. McKenna also mentioned a conversation with Eric Carlson of the Lions Club in which Mr. Carlson indicated that the Lions are willing to also contribute $10,000 provided that the Town has a signed contract for the project. Arbor Day Tree Planting on Battle Green Lexington Field and Garden Club members John Frey and Eleanor Greenway were present to request permission to plant a memorial tree on the Battle Green on Arbor Day, April 26, 2002. The tree is to honor those members of the Garden Club that have died during the past year. The plan is to plant the tree on the Mass. Ave. side of the Green. Upon motion duly made and seconded, it was voted to approve the request from the Lexington Field and Garden Club to plant a memorial tree on the Mass. Ave. side of the Battle Green on Arbor Day, April 26, 2002. Selectmen's Meeting— December 17, 2001 License Renewals Upon motion duly made and seconded, it was voted to approve the applications and issue the following licenses: C',lass TT Lexington Auto Sales, 542 Mass. Ave. Coin Operated Amusement Devices Josiah Willard Hayden Centre, (4 licenses) Lexington Elks, (2 licenses) Common Carrier Back Bay Coach, Boston, Ma. Common Victualler Bertucci's Brueggefs Bagel Bakery Dunkin Donuts, 141 Mass. Avenue Gingerbread Construction Co. Lexington Elks Museum of Our National Heritage Starbucks Coffee, 1729 Mass. Ave. Starbucks Coffee, 60 Bedford Street The Hartwell House Vinny Testds Entertainment The Hartwell House Innkeeper Battle Green Inn Buffets Weekly Recycling Mr. White reported that he, Mrs. Krieger, Mr. Hadley and Mr. Beaudoin met with PAYT Committee, TMMA Executive Committee and the Appropriation Committee last Thursday night concerning weekly recycling. The TMMA Executive Committee voted 8 -1 -1 to endorse weekly recycling and the Appropriation Committee did not vote but indicated that it understood the Boards dilemma. Selectmen's Meeting— December 17, 2001 PAYT Coordinator Robert Beaudoin reviewed solid waste and recycling contract costs and the anticipated costs of going to weekly recycling. Appropriation Committee member Sheldon Spector said at a meeting of the committee with six members in attendance the members were unanimously in favor of continuing the contract and moving to weekly recycling. PAYTAC member Bud Frawley said the recycling numbers are well above the committee's expectations. There was much discussion among Board members about going to weekly recycling. Upon motion duly made and seconded, it was voted to authorize the Town Manager to enter into negotiations to extend the recycling contract. Upon motion duly made and seconded, it was voted to go to weekly recycling beginning January 1, 2002. Cash Capital Budget Officer Andrew Russell reviewed three options for funding the FY 03 Capital Project Requests. Extension of Hours for the Serving of Alcohol —New Year's Day Upon motion duly made and seconded, it was voted to approve the extension of hours for the serving of alcoholic beverages until 1:00 a.m. on New Year's Day subject to the Town Manager's granting such permission if he and the Police Chief agree. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of October 29, 2001. Recreation Committee Appointment Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of Rick DeAngelis to the Recreation Committee. Reappointment of Historic Districts Commission Associate Member Upon motion duly made and seconded, it was voted to approve the reappointment of Daniel J. Griffin, Jr. as an Associate Commissioner to the Historic Districts Commission for a term to expire December 31, 2006. Selectmen's Meeting— December 17, 2001 Accept Gift of Land Upon motion duly made and seconded, it was voted to accept the parcel of land at 17 North Street for conservation purposes subject to the Planning Boards approval of the Approval Not Required (ANR) Plan. Electric Utility Ad Hoc Committee Charge Upon motion duly made and seconded, it was voted to approve the charge to the Electric Utility Ad Hoc Study Committee, which will consist of nine members appointed by the Board of Selectmen. Upon motion duly made and seconded, it was voted to adjourn at 10:12 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk