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HomeMy WebLinkAbout2001-05-BOS-minSelectmen's Meeting Minutes May 7, 2001 A regular meeting of the Board of Selectmen was held on Monday, May 7, 2001 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; and Ms. Smith, Executive Clerk were present. Public Comments Alan Lazarus spoke of the condition of York Street which is an unaccepted street. It has very deep potholes and we should have a better way to take care of unaccepted streets. Mr. White responded that whenever the Town is working on the streets, as a protection to Town vehicles, we put shavings on these unaccepted streets. As soon as we have the materials we will be doing the work. Consent Agenda Sewer Betterment Assessments Upon motion duly made and seconded, it was voted to certify the following sewer betterment assessments: Santanu & Madhuparna Sen, 9 Alpine Street $6,545.00 Eugene & Winifred Skolnikoff, 3 Chandler Street $15,737.00 Stanley & Susan Solomon, 4 Whittier Road $8,659.00 James & Linda Smith, 5 Whittier Road $11,393.00 Joseph & Lynne Goss, Follen Road $3,985.00 Eva Spanos, Follen Road $6,842.00 Carl & Mary Dentler, 99 Follen Road $5,731.00 Robert & Mary McNamara, 103 Follen Road $5,750.00 Sally Castleman, 7 Mountain Road $9,252.00 Joan Bergmeyer, 11 Mountain Road $7,779.00 Water and Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following water /sewer commitments and adjustments: Commitment of water charges for 1/11/2001 (cycle 9) $119,181.69 Commitment of water charges for town -wide billing 1/16/2001 (cycle 3) $963,359.24 Commitment of sewer charges for town -wide billing 1/16/2001 (cycle 3) $1,637,543.83 Commitment of water charges for 1/1/2001 to 1/31/2001 $633.77 Commitment of sewer charges for 1/1/2001 to 1/31/2001 $1,316.94 Commitment of water charges for 2/28/2001 (cycle 9) $135,086.27 Commitment of water charges for 2/1/2001 to 2/28/2001 $65,242.97 Commitment of sewer charges for 2/1/2001 to 2/28/2001 $14,700.64 Selectmen's Meeting —May 7, 2001 Commitment of water charges for 3/16/2001 (cycle 9) Commitment of water charges for 3/1/2001 to 3/31/2001 Commitment of sewer charges for 3/1/2001 to 3/31/2001 Adjustments of water charges for 1/1/2001 to 1/31/2001 Adjustments of sewer charges for 1/1/2001 to 1/31/2001 Adjustments of water charges for 2/1/2001 to 2/28/2001 Adjustments of sewer charges for 2/1/2001 to 2/28/2001 Adjustments of water charges for 3/1/2001 to 3/31/2001 Adjustments of sewer charges for 3/1/2001 to 3/31/2001 Refurbish Liberty Tree Plaque and Relocate Moses Joy Horse Trough $128,384.51 $2,503.49 $6,171.66 - $17,486.51 - $13,570.28 - $10,684.27 - $18,615.61 - $4,715.08 - $10,221.65 Member of the Lexington Chapter of the Daughters of the American Revolution Shirley Lane was present to ask the Boards permission to refurbish the Liberty Tree Plaque that was originally placed at the site of the maple tree beside the path leading to the Visitor's Center. The plan is to raise the plaque up on a 4'piece of granite at a cost of $750.00 that will be absorbed by the DAR. Upon motion duly made and seconded, it was voted to approve the request from the Daughters of the American Revolution to restore and refurbish the Liberty Tree Plaque. Ms. Lane and Ms. Ellen Houlihan reviewed a request from the DAR to move the Moses Joy horse trough to the traffic island at Reed and Bedford Streets. They reviewed the location history of the horse trough that was a gift to the Town in 1895. Upon motion duly made and seconded, it was voted to approve the request from the Lexington Chapter of the Daughters of the American Revolution to move the Moses Joy horse trough to the traffic island at Reed and Bedford Streets. Cary Memorial Library Foundation Kerry Brandin reviewed a request from the Cary Memorial Library Foundation to place 25 banners on the brackets used by the Commission 2000. The 25 banners will be clustered around Cary hall, the Old Library and the East Lexington Branch Library and they would like to hang two on the pillars in front of Cary Hall and one at the East Lexington Branch. The Foundation is looking for permission from the Board of Selectmen as they were told they don't need permission from the Historic Districts Commission. They hope to put them up in about a month and leave them up until Thanksgiving. Board members agreed that they did not want to have any banners hung on Cary Hall or the East Lexington Branch. Upon motion duly made and seconded, it was voted to approve the request from the Cary Memorial Library Foundation to hang banners on the utility poles on Mass. Avenue. Selectmen's Meeting —May 7, 2001 Reappointment of Comptroller Upon motion duly made and seconded, it was voted to reappoint John Ryan the Town Comptroller for a three -year term expiring May 31, 2004. Use of Battle Green —Air Force Retirement Upon motion duly made and seconded, it was voted to approve the request from Hanscom Air Force Base to conduct a retirement ceremony on the Battle Green on Thursday, May 24 at 11:00 a.m. subject to no vehicles being brought onto the Battle Green. Limousine License Renewal Upon motion duly made and seconded, it was voted to issue a limousine license renewal to Kip Harris, 158 Maple Street. LexHAB House —Edna Street LexHAB Chair Marshall Derby was present to say LexHAB is now financially prepared for units at Katandin Woods and they are now looking at a tax title piece of property on Edna Street (a paper street between Homestead and Emerald Street). The sewer line runs down Edna. We have conducted a neighborhood meeting. One comment was made that there are too many in Precinct 8 now. Precinct 8 ranks second; however, there has been nothing built there since a 1987 Housing Authority house and previous to that was the LexHAB house on Emerald Street in 1985. Mr. Derby answered many questions from the Selectmen and the audience such as: they would have to get a design control waiver for the road width of 24 which would allow for snow plowing; the two lots across Edna Street would not be affected; the stone wall on Emerald Street was constructed to retain Emerald Street from abutters property; LexHAB is happy to put in a swale and check storm drains to see if they are working to alleviate water problem; plans are to put the house in the middle of the lot, take down as few trees as possible, add screening of evergreens and to deal with the Planning Board regarding the road; the style of the house would be the same as Woodland and Sedge Roads, a seven room 1600 sq. ft. cape; it might be a joint venture if Minuteman can put it on their schedule and that won't be known for a month; LexHAB wants to get the foundation in as soon as possible before the start of school; Conservation Commission Joyce Miller sees no problem with the site; no garage is planned. Mr. Derby also explained how LexHAB funds such projects. Mr. McSweeney explained that he will be abstaining from voting on the project because he grew up in the neighborhood and his sister and her family presently live there. Selectmen's Meeting —May 7, 2001 Board members discussed whether they needed more information before taking a vote. Mrs. McKenna felt she would feel more comfortable after getting legal opinion on the grandfathered lot and whether it is legally buildable, and whether it will create a tax liability increase for the lots across the street. Mrs. Krieger and Mrs. Abbott felt comfortable with giving LexHAB the go ahead while getting legal opinion on the issues. Upon motion duly made and seconded, it was voted 2 -1 (Mrs. McKenna) (Mr. McSweeney abstained) to authorize LexHAB to proceed with the necessary steps with building a road on Edna Street and to begin the building process. Appropriation Committee Update Mrs. Krieger reported on a request from the Appropriation Committee earlier in the budget process that the Board adopt a position of revenue neutrality concerning the Pay As You Throw program. The Board and the School Committee had looked at the budget and we reduced our budget by $167,000. It was our intention to use some part of the revenue to defray the costs of PAYT. We intended to return $750,000 to the taxpayers and to use $213,000 to defray costs of the program. I will ask the Town manager to produce a list of potential cuts. One other way of addressing revenue neutrality is to use more Free Cash. Mrs. McKenna felt if Town Meeting reverses its decision on PAYT there are two areas she would feel comfortable looking at. The Reserve Fund could be reduced somewhere in the order of $20,000 to $50,000, also the Planning Intern position that is a new hire for $35,000. I do feel it is appropriate for the Board and the School Committee to identify $213,000 in cuts. Mr. McSweeney indicated he would not support any of the revenue from PAYT going to balance the budget and he is not in favor of using more free cash. Mrs. Abbott felt it was never her intent to use all of the revenue from PAYT. I think we have come up with a substantial amount to return to the taxpayers. If we can reduce the trash as well as reducing our costs, I am ready. It is still uncertain what our State Aid will be. I do agree that we have some issues before us and we have asked the Town Manager to provide us with a list. Lighting Options Committee Report Co- Chairs of the Lexington Lighting Options Committee Myla Kabat -Zinn and Peter Kovner were present along with consultant Chris Ripman to review the findings and recommendation of the Committee for` Lighting the Streets of Lexingtoni'. The recommendations are a culmination of 14 years of effort. The report presented five options and the Committee recommends Option B because that seems likely to produce the best effect. The estimated system first cost of Option B is $1,235,605. The expected annual energy cost is $128,139 and the annual maintenance cost is $36,864 and the anticipated total annual savings is $109,538. The Committee recommends doing a larger area of testing. Selectmen's Meeting —May 7, 2001 Mrs. Krieger thanked the Lighting Committee. The major challenge will be working in the lighting project in concert with all the other capital projects. Mr. White said he would like some time to familiarize himself with the report. He wants to look at the assumptions and recommendations and how to build them into the capital plan. He will have a proposal by the time the Board meets in Goal Setting. He also felt we will need a lighting consultant. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of March 19, April 4, April 9, April 11 and April 23, 2001. Appointment to the Council on Aging Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Donald Chisholm to the Council on Aging. Selectmen Liaison Reports Mrs. Abbott reported that LexFest has sent out a letter seeking financial support through advertising in the program book. She asked her Board members whether it would be appropriate for the Selectmen to take out an ad. Board members thought it would be a good idea. Upon motion duly made and seconded, it was voted to put a $50.00 one -half page ad of the Board of Selectmen in the LexFest ad book. Mrs. Abbott reported that Lexington is one of fourteen communities recognized as a No Place for Hate community. Lexington has developed an employee diversity training program in the Town work place and the School Department. We owe a tremendous debt of gratitude to Linda Vine and Rachel Herrup -Morse from the Town Manager's Office. There will be an award ceremony on May 30. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mrs. Abbott, Mrs. Krieger, Mrs. McKenna and Mr. McSweeney to go into executive session for the purpose of discussion of land purchase and housing resale with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes May 14, 2001 A regular meeting of the Board of Selectmen was held on Monday, May 14, 2001 in the Carpenter Room at the Museum of Our National Heritage at 7:00 p.m. Chairman Krieger, Mrs. Abbott, Mrs. McKenna, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Reappointments to LexHAB Upon motion duly made and seconded, it was voted to reappoint Marshall Derby and Donald Wilson to LexHAB for terms to expire May 31, 2004. Conservation Restriction -48 Solomon Pierce Road Upon motion duly made and seconded, it was voted to approve a Conservation Restriction over a portion of 48 Solomon Pierce Road. MWRA Loan Upon motion duly made and seconded, it was voted that the sale of the $153,957 Water Bond of the Town dated May 24, 2001, to Massachusetts Water Resource Authority is hereby confirmed. The bond shall be payable without interest on May 15 of the years and in the principal amounts as follows: Year Amount 2002 $15,395.70 2003 15,395.70 2004 15,395.70 2005 15,395.70 2006 15,395.70 2007 15,395.70 2008 15,395.70 2009 15,395.70 2010 15,395.70 2011 15,395.70 Upon motion duly made and seconded, it was voted to authorize the Town Manager to execute MWRA Financial Assistance and Loan Agreements. Article Positions Article 15 —Cary Memorial Library Mrs. Abbott updated the Board on the Library Article. Bids were higher than anticipated. We are going to move Article 15 tonight and the presentation will be made by Chair of the Executive Selectmen's Meeting —May 14, 2001 Committee Jed Snyder and Carol Mahoney. Then after questions I will move that the vote will be postponed until Wednesday to allow the Board and the finance committees to review the numbers. Article 14 —Tree Planting Board members discussed their individual positions with respect to the proposed reconsideration of Article 14 under different funding scenarios. Mrs. Krieger indicated that if Article 14 passes on reconsideration she is prepared to ask for reconsideration under Article 8b, which is for DPW Equipment and reduce the amount from the tax levy by $50,000 and add the amount of borrowing by $50,000 that results in the appropriation being part of cash capital. Upon motion duly made and seconded, it was voted 3 -1 (Mrs. McKenna) to support the $50,000 appropriation from cash capital. Article 31 —HDC Fines Non - Criminal Disposition Mrs. McKenna indicated that the Historic Districts Commission is going to be moving for reconsideration of Article 31 under the grounds that much of the information that was presented and in response to questions was not accurate. Town Meeting has already approved the implementation of fines; what they have not done is actually set the fines. They want to get the correct information out for Town Meeting to make an informed vote. The 1998 vote was declared a majority and the 2000 vote was unanimous. Upon motion duly made and seconded, it was voted to support reconsideration of Article 31. Upon motion duly made and seconded, it was voted to support the establishment of fines under Article 31. Article 4 —Line Item 3000 There was much discussion among Board Members about supporting Mr. Kelley's amended motion under reconsideration of Line Item 3000 of the operating budget. The Board members were split and would be presenting two positions to Town Meeting. Mrs. Krieger and Mrs. Abbott support PAYT as voted and Mr. McSweeney and Mrs. McKenna are opposed to PAYT. Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mr. McSweeney, Mrs. McKenna, Mrs. Krieger and Mrs. Abbott to go into executive session to discuss a matter of real estate from which the Board will return to go to Town Meeting. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes May 16, 2001 A regular meeting of the Board of Selectmen was held on Monday, May 16, 2001 in the Cafeteria at Clarke Middle School at 7:00 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Article Positions Mrs. Krieger announced that this is the major item on the Boards agenda this evening and we will begin with the Library article. Article 15 —Cary Memorial Library Mrs. Abbott gave a brief update on Article 15. The motion has not changed since Monday evening. I would ask for the Boards support of Article 15. Upon motion duly made and seconded, it was voted to support the Article 15 motion as presented Monday evening. Mrs. Krieger discussed whether the Board wants to proceed as the Moderator announced Monday evening so that the Library article would come up first, then the articles for reconsideration and finally the last article. Mrs. Abbott felt she would prefer to see the articles taken up as they were announced Monday evening. I would not like to see a change but I recognize that can happen but would prefer not to see a motion come from the Selectmen. Mrs. McKenna asked to hear Peter Kelley's comments on the matter. Mr. Kelley said that it was unfortunate to keep a group of citizens waiting at the last meeting. He felt under the circumstances that the order was announced Monday evening the order should stay as announced. Mrs. McKenna felt given Mr. Kelley's comment she would be reluctant to change the order. Article 4 Board Members discussed whether to support reconsideration of Article 4. Mr. Enrich said he has not seen any changes that he would be ready to support. Mrs. Kreiger and Mrs. Abbott agreed with Mr. Enrich. Mrs. McKenna felt she would prefer to hear the reasoning behind reconsideration of Article 4 before she takes a position but indicated she is not in favor of reopening Article 4 unless she hears something further. Upon motion duly made and seconded, it was voted 3 -1 (Mrs. McKenna) not to support reconsideration of Article 4. Selectmen's Meeting —May 16, 2001 Board members then discussed possible cuts if Article 4 is reconsidered. Upon motion duly made and seconded, it was voted to report to Town Meeting that 4 members believe and support the inclusion of the comprehensive planning money and 3 members feel that the Planning Intern position needs to stay in the budget. The Board members will also defer to the School Committee's recommendations on the School Budget. Board members then discussed their positions if PAYT is defeated and the budget is out of balance by $213,000. Upon motion duly made and seconded, it was voted that if PAYT is defeated, the Board will not support the reconsideration of Article 4 but would probably go to Free Cash to make up the difference of $213,000. Article 36 Because of the many unknowns, Board members decided to wait to take a position on Free Cash at Town Meeting. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes May 21, 2001 A regular meeting of the Board of Selectmen was held on Monday, May 21, 2001 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Mrs. Krieger announced that the meeting would begin with a build out presentation and the public comment period would take place around 8:45. Build -Out Presentation John Zupkus, an environmental analyst for the Northeast Regional Office of the Department of Environmental Protection and Laurie Connors, a regional planner with the Metropolitan Area Planning council presented the Executive Office of Environmental Affairs sponsored build -out project for Lexington. Also present to hear the presentation were members of the Planning Board, Conservation Commission and the Community Preservation Act Feasibility Advisory Committee. Verizon Grant of Location — Concord Avenue Verizon Manager of Rights of Way Dan Fitzgibbon presented Verizods petition, plan and order for a grant of location for conduit to upgrade telecommunication service to the Concord Avenue neighborhood. Mrs. McKenna inquired about the feasibility of moving the air vent down the hill so that it would not interfere with the lot lines. Mr. Carbonneau explained that moving it down too much further would be a problem because there is a significant slope that would prevent having a flush entrance to the access hatch. However, it was thought that it would be possible to locate the vent on the second pole in. The vent would not protrude above the stone wall. Upon motion duly made and seconded, it was voted to approve the petition of Verizon Communications to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Concord Avenue starting at existing pole number 11 -1, on the northerly side of Concord Avenue, at Blossom and Concord, place conduit in a southeasterly direction, then turning southwesterly to proposed manhole on the southeasterly side of Concord Avenue, a distance of 125 feet ( ±); also, from said proposed manhole, place conduit in a northeasterly direction, a distance of 59 feet ( ±) to dead end, with two conduits branching off to pole 21 -18, at the intersection of Concord and Scott; also, from said proposed manhole, place conduit in a southwesterly direction, a distance of 27.5 feet ( ±) to dead end, with two conduits branching to pole number 21 -17; also, from said proposed manhole, place conduit in a southwesterly direction, a distance of 10 feet ( ±) to proposed controlled environmental Selectmen's Meeting —May 21, 2001 manhole (CEMH) on the westerly side of Scott; also from proposed CEMH, place conduit in a southwesterly direction, to pole number 21 -17, a distance of two feet ( ±). It was also voted that if the Town Engineer in cooperation with Verizon determines that it is feasible the vent will be moved down the hill so as not to interfere with the lot lines. Verizon/NSTAR Pole Relocation — Blossomcrest Road Mr. Fitzgibbon presented a joint petition from Verizon -New England, Inc. and Boston Edison Company to relocate an existing pole for public safety reasons. Upon motion duly made and seconded, it was voted to approve the petition of Verizon -New England, Inc. and Boston Edison Company to relocate poles, wires, cables and fixtures, including anchors, guys and other such necessary sustaining fixtures to be owned and used in common by the petitioners, along and across Blossomcrest Road: Relocate existing pole number 186/11, located on the southerly side of Blossomcrest Road, to a point that is approximately 25 feet ( ±) northerly of existing pole, at corner, also install a push brace northerly from the new pole location. Public Comments Beverly Kelley said she was very disturbed at last Monday's Town Meeting that 200 citizens who had come for the PAYT reconsideration were kept waiting only to be told that the article would not come up for reconsideration until Wednesday. Mrs. Kelley also said it is incredulous that the Norway maples at Depot Square are being cut down in view of the recently passed Tree By -Law. Mr. Cohen explained that Brenda Reny of 63 Hancock Street had to get back home to her children and asked him to read the following petition into the public record: "To the Town of Lexington's Selectmen, Town Meeting Members and State Representatives: We, the undersigned (Lexington residents, business proprietors and Friends of Depot Square), respectfully request that Depot Square's Crimson Maple Trees be saved from the chainsaw, and incorporated into the landscaping plan currently approved for this public space. In keeping with important, long -held community values, we urge you to support the "adaptive re -us6' and not the complete "tear down' of Depot Square" Steve Tripi said he had not put the Library to Referendum on purpose but cautioned the Board to wait for the next override. Selectmen's Meeting —May 21, 2001 Re- Precincting Town Clerk Donna Hooper reviewed her recommendations for reprecincting based on the 2000 census figure of 30,355. Her recommendations will result in one town meeting member from Precinct 3 moving to Precinct 4; three town meeting members from Precinct 4 to Precinct 9; two town meeting members from Precinct 6 to Precinct 5 and three town meeting members from Precinct 8 to Precinct 6. The reprecincting will be effective December 31, 2001. Upon motion duly made and seconded, it was voted to adopt the new precinct lines as proposed by the Town Clerk. Memorial Day Ceremonies Mrs. McKenna reviewed the times and locations for the Memorial Day ceremonies. Mrs. Krieger will read the Governor's Proclamation at the Battle Green. Sidewalk Cafe— Bertucci's Mrs. Krieger explained that she and Mr. White had met with representatives of Bertucci's who will be overseeing that the rules and regulations set forth by the Town of Lexington are adhered to so that they can continue to operate the sidewalk cafe. Bertucci's representatives Renee LeBlanc, Manager of Legal Affairs; Dennis Garside, Vice President of Operations and Eleanor Clancy, District Manager presented a signed agreement that will eliminate any and all violations of the Town's regulations and answered questions from the Board members. Upon motion duly made and seconded, it was voted to approve the operation of a sidewalk cafe with ten tables and forty chairs on the terms and conditions set forth as presented. Pay -As- You -Throw Implementation Plan Solid Waste/PAYT Coordinator Matt Zettek reviewed some slight changes to the Plan after receiving additional feedback from four public meetings. The biggest change is the increase in free tags from 26 to 30 that will be sent out to kick off the program. The second change is that when households receive the 30 tags at the end of June, they will be able to exchange them to receive the equivalent trash barrel label. The third change resulted from ongoing concern on how to deal with cardboard. We are in the process of designating a central drop -off We will be addressing other concerns such as the Town, and in particular the schools, do more recycling and providing an additional recycling bin to residents. Upon motion duly made and seconded, it was voted to accept the implementation plan as presented. Selectmen's Meeting —May 21, 2001 Liaison Reports Mrs. McKenna reported that at their last meeting the Center Committee was inquiring about an update on the newspaper box regulations. They also are concerned about the amount of graffiti along the bike path. Mr. White said DPW tries to get it off within twenty -four hours. Mr. Enrich reported that the Lexington Education Foundation is once again asking for sponsors for its annual Bee. The Board members agreed to sponsor a team again this year. Mr. Enrich updated the Board on three airlines that are considering flights out of Logan. If all three were to happen it would have a staggering and dramatic change to the area. The citizen organizations are gearing up and beefing up leafleting. Mr. Enrich said he told them he would put in a shift of leafleting and would encourage the rest of the Board to sign on. Mrs. McKenna said she has already offered and Mrs. Krieger will also help. Mrs. Krieger reminded everyone that a capital summit meeting has been scheduled for June 6 at 7:30 p.m. in the Media Center at the High School. Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk