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