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HomeMy WebLinkAbout2000-06-BOS-minSelectmen's Meeting Minutes June 12, 2000 A regular meeting of the Board of Selectmen was held on Monday, June 12, 2000 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mrs. Eddison, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Public Comments Mr. Enrich opened the meeting mentioning that Mrs. Krieger is on her way to the meeting. Communications Advisory Committee member David Kanter urged the Selectmen to send a letter supporting Senator Fargo's budget amendment to the legislature. Upon motion duly made and seconded, it was voted to send a letter supporting Senator Fargo's budget amendment. Consent Agenda Use of Battle Green Upon motion duly made and seconded, it was voted to approve the request from the Lexington Lodge of Elks to use the Battle Green on June 14 for their annual Flag Day Ceremony. One -Day Liquor License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day liquor license to the Planning Board for a retirement party for Planning Director Bob Bowyer at Cary Library on June 16, 2000. One -Day Liquor License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day liquor license to LPM Holding Corp. for Taiwanese Association Dinner Meeting to be held at Heritage Hall, 177 Bedford Street on June 17, 2000. Sewer Rate Relief Fund Certification Upon motion duly made and seconded, it was voted to accept $19,412.00 from the Commonwealth Sewer Rate Relief Fund to be used solely for the purpose of providing assistance in the mitigation of sewer rate increases in Fiscal Year 2001. Ratification of Poll Vote Upon motion duly made and seconded, it was voted to ratify a poll vote to accept the application and issue a one -day liquor license to Rotary for their annual fund raiser on June 10, 2000. Cycle 9 Water Charges Upon motion duly made and seconded, it was voted to approve the commitment of water charges for 1/31/00 (Cycle 9) in the amount of $99,720.68. Selectmen's Meeting — June 12, 2000 Metromedia Grant of Location — Hancock Street Metromedia representative Peter Pratt returned for a continuation of the Grant of Location Hearing on Hancock Street. Mr. Pratt said he has been authorized to announce for public record that Metromedia is now committed to building one 5" equivalent quad structure for the Minuteman Bikeway that will be exactly the same as we are building for ourselves. The conduit will provide ready access to another certified carrier. Board members and Bicycle Advisory Committee Chair Jerry Van Hook expressed appreciation at Metromedia's responding to this request from the Town. Mrs. McKenna inquired about restoration of disturbed areas. The requirements will be written into the occupancy permit. Mrs. McKenna asked that the hours of construction be restricted between 10:00 a. m. to 2:00 p.m. rather than 9:00 a. m. to 3:00 p.m. and asked that a requirement be made that the bond be forfeited after 120 days if all the work is not done to the Town's satisfaction. It was also agreed that the new concrete sidewalk would have granite curbing. Upon motion duly made and seconded, it was voted to approve the petitions of Metromedia Fiber Network Services Inc. to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the public ways described in the Order of Conditions as amended with requirements of the Board. Upon motion duly made and seconded, it was voted to approve the License Agreement for conduit and fiber optic cable in the Muzzey Street Parking Lot provided, however, the following provision be added to the Agreement "Metromedia shall abide by the provisions of the license area management plan. Notification, restoration, and other operational provisions shall be articulated in the license area management plan acceptable to the Engineering Division." Traffic Safety Advisory Committee Senior Engineer David Carbonneau reviewed the following : Middlebv Road Traffic Conditions The Committee met with Catherine Kaufman and several other residents of Middleby Road to discuss traffic conditions. The residents were concerned about the speed at which cars, trucks and school buses travel on the road and the resulting hazard posed to walkers and bicyclists particularly at the bike path crossing. The residents had several proposals including making the street one way, limiting it to local traffic and adding stop signs at several intersections. The committee did not consider any of these proposals implementable. Selectmen's Meeting — June 12, 2000 The committee recommends making the crosswalk more conspicuous with a crosswalk advance sign just prior to the curve coming from Prospect Hill Road and adding a stop sign on the bike path at Middleby to encourage bicyclists and walkers to proceed more cautiously. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Advisory Committee. Winthrop Road Parking The Committee met with Anne Groves and ten other residents from the Winthrop Road neighborhood to discuss the traffic safety problems caused by all -day parking on Winthrop Road from Vinebrook Road to Highland Avenue. A similar presentation was made before the Selectmen on May 22, 2000. At the may 22 hearing, the Board expressed its intention to order No Parking 7:00 AM to 10:00 AM Two Hour Parking 10:00 AM to 6:00 PM Monday- Friday on both sides of the street. In addition, the Committee recommends that No Parking regulations be ordered in the proximity of the intersections with Vinebrook Road and Highland Avenue. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Advisory Committee. Pedestrian Crossing — Waltham Street at Mass. Ave. The Committee met with Sara Hale to discuss her concerns about the pedestrian crossing at Waltham Street and Mass. Ave. Traffic on Mass. Ave. takes the left on to Waltham Street while pedestrians are crossing the street. Mrs. Hale asked whether a separate phase could be created to clear the intersection of left turning vehicles prior to pedestrians crossing. The Committee explained that there is currently a 15 second dedicated pedestrian phase for the crossing of Waltham Street and the only time vehicles should be taking a left when pedestrians are crossing is if the vehicles have entered the intersection prior to the red light. The Committee also explained that the Center controller is old and not easily modified. A separate phase might be possible with a new controller, but it may reduce the overall efficiency of the intersection. A new controller for the Center is planned for FY2004. The Committee recommends that the concern raised by Mrs. Hale and any other feasible improvements to increase pedestrian safety be considered at that time. Board members expressed concern that the problem is an accident waiting to happen; possibly implementing sooner and phasing it in over a couple of years. Worthen Road Parking Regulation The Committee met to discuss a letter from Hal and Sally Singley regarding an extension of the no parking regulation on Worthen Road beyond the Battle Green Apartments exit. According to the Singleys, Stop & Shop vendors park just south of the Battle Green exit obstructing visibility of Worthen Road traffic for vehicles exiting the apartments. The Committee recommends that the no parking regulation on Worthen Road be extended 40 feet past the Battle Green Apartments entrance. Selectmen's Meeting — June 12, 2000 Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Advisory Committee. Transfer of Wood Street Land to Minuteman National Park Minute Man National Park Superintendent Nancy Nelson addressed the remaining concerns of the Hayward Avenue neighborhood: • Water runoff at the juncture of the trail and Bonair: This may have been an issue initially; but in the time since the path was installed, the material has hardened and stabilized. The trail surface is not currently experiencing erosion in this area. The park, as part of its annual maintenance program, will repair trail areas that may develop erosion problems. Some materials may also be eroding along the edge of Hayward Avenue uphill from the Hayward Avenue /Amherst intersection. • Screening: The park has always agreed that there is a mutual interest in screening some locations between the park boundary and modern houses. Some screening has been installed. We will have the opportunity to plant additional shrubs and trees along the boundary in the upcoming phases of construction. These plants will be a variety of deciduous and evergreen native plants. • Signs: The park has always stated that our intent is to direct visitors entering the park from Rte. 2A to the Minute Man Visitor Center. We plan to coordinate new entry signage with the Rte. 2A work now underway. While directions and distances may not be specifically included, signs will very clearly direct visitors to the main visitor center. • Need for parking: The park continues to believe that parking at Old Massachusetts Avenue and Wood Street is needed and will provide an appropriate and modest level of public access to important historic sites. The parking area here is part of the overall plan to locate dispersed parking areas at key historical locations within the park, and the Hayward Well & Homesite is one of those locations. Parking area here has traditionally been well utilized. • Future guarantees: National Park Service managers have no authority to make binding commitments limiting future park operations or developments. However, we have no plan to expand this lot or to add structures here, and it is difficult to imagine a need to do that. As future park plans are developed, there will be opportunities for full public participation during the planning process as required by law and /or NPS policy. • Minimization of construction impacts to neighborhood: The park and its contractors will observe the construction protocols required by the Town and will make every effort to complete work swiftly and with minimal disruption to neighbors. We anticipate very little disruption, no road closures and no additional traffic burdens or impediments to travel on the private roads in the neighborhood. • Minimization of damage to the adjacent wooded area: The park will definitely minimize damage to or disruption of existing vegetation around the proposed parking area. Selectmen's Meeting — June 12, 2000 Wood Street screening: We do not understand this new concern related to screening along Wood Street. The vegetated buffer between the trail and any home curently exceeds the 50- foot "transition zone" required by the Town between residential areas and manufacturing uses. However, some planting is currently planned around the perimeter of the parking area which can be arranged to provide increased screening; i.e., we will plant lilacs around the perimeter of the lot. Gate opening time: Operational needs determine the time that parking lots are opened. Currently, we do not anticipate a need for a 7:00 a.m. opening. We will stay alert to changing patterns of use and abuse in this area, which might warrant a change. Assurance not to take homes by eminent domain: All of the homes in the Hayward Avenue area are located outside the park's congressionally determined boundary. The park has no legal authority to acquire land outside its boundary, and it can only acquire land within its boundary if the seller is willing. The park has no authority to limit future congressional actions related to boundary changes. Good faith resolution: The park will continue good faith efforts in working with the neighborhood on issues related to the trail and the parking lot. In addition, we expect that the neighborhood and the park will both be committed to maintaining a mutually respectful relationship over time — we believe this is essential. Because we are close neighbors, we will continue to have mutual interests and separate concerns, as well as some areas of disagreement. We have demonstrated great willingness, to date, to meet with and work with the neighborhood. We reiterate our belief that the many things that have been implemented at the neighborhood's request have made the trail better and safer. There was much discussion about the parking lot and guarantees to protect the neighborhood being incorporated in a deed restriction limiting the size of the parking lot. There was also concern expressed over the timeliness of the screening. Upon motion duly made and seconded, it was voted 4 -1 (Mrs. McKenna) to transfer the land to the Minute Man National Historical Park subject to a deed restriction concerning distances and size of the parking lot and that the screening be completed by the Fall. Public Entertainment on Sunday License Upon motion duly made and seconded, it was voted to approve the application and issue a Public Entertainment on Sunday License to the Lions Club /Fiesta Shows on Sunday, July 2, 2000. Resignations /Appointments/Reappointments Human Services Committee Upon motion duly made and seconded, it was voted to accept the resignation of Eva Glick from the Human Services Committee. Selectmen's Meeting — June 12, 2000 Condominium Conversion Board Upon motion duly made and seconded, it was voted to accept the resignation of Catherine Deans from the Condominium Conversion Board. LexHAB Upon motion duly made and seconded, it was voted to reappoint Donald Wilson to LexHAB for a term to expire May 31, 2001. Executive Clerk Upon motion duly made and seconded, it was voted to reappoint Phyllis Smith as Executive Clerk to the Board for a term to expire June 30, 2001. Keeper of the Lockup Upon motion duly made and seconded, it was voted to reappoint Chief Chris Casey as Keeper of the Lockup for a term to expire June 30, 2001. Tree Committee Upon motion duly made and seconded, it was voted to adopt the charge to the By -Law Tree Committee. Upon motion duly made and seconded, it was voted to appoint the following as members of the By -Law Tree Committee: Nell Walker, Kathy Yates, Ginna Johnson, Susan Solomon, James Wood, Matt Foti, Patrick Mehr, Jerry Maloney, John Frey, Stacey Bridge - Denzak and Selectman Betty Eddison. Town Manager Appointments Mr. White requested Board approval of reappointments to the Council on Aging. Mr. White also indicated that there would remain two vacancies on the CoA. He has received two applications and is working with the CoA staff to generate more interest. Mrs. McKenna expressed her desire to have broader membership on the Board particularly while the new senior center project is underway. Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of Don Graham, Jane Trudeau, Carol Murphy and Phyllis Rand to the Council on Aging. Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of Sandra Shaw to the Recreation Committee. Selectmen's Meeting — June 12, 2000 Liaison Reports Mr. Enrich reported that the Selectmen had all received a copy of the minor revision to "Hanscom at the Crossroads" that was requested by Representative Tierney to make explicit clarification that the proposed moratorium did not apply to the Air Force Base. The revision would add (This proposed moratorium would not apply to the Hanscom Air Force Base or any military uses of the airport.) Because the Board signed the statement, Mr. Enrich asked the Board to vote to endorse the amendment. Upon motion duly made and seconded, it was voted to endorse the amendment. Mr. Enrich reported that once again the Lexington Educational Foundation has asked the Board to sponsor the annual "Bee "; however, this year it is not a "Spelling Bee" but a "Trivia Bee ". Board members agreed to contribute $75 each to this year's "Bee' . Mrs. Abbott reported that the Senior Center Siting Committee has been meeting and with good attendance. Mrs. Abbott also reported on attending the Lexington Minutemen ceremonies at Arlington National Cemetery the previous weekend. Mrs. McKenna reported that she had attended the very nice promotional swearing in ceremony of Michael O'Connell. Upon motion duly made and seconded, it was voted to adjourn at 9:22 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk Selectmen's Meeting Minutes June 19, 2000 A regular meeting of the Board of Selectmen was held on Monday, June 19, 2000 in the Selectmen's Meeting Room at 7:30 p.m. Chairman Krieger, Mrs. Eddison, Mr. Enrich, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town Counsel and Ms. Smith, Executive Clerk were present. Mrs. Krieger opened the meeting and announced that Mrs. McKenna was attending her son's playoff baseball game and would be coming to the meeting later. Public Comments Recreation Director Karen Simmons reported that two Lexington children made it to the State finals in the Tobacco Free Hot Shots program. Lee Smith came in first in the fourth grade division and Armen Adamian came in second in the sixth grade division. Chairman of the Historic Districts Commission Joanne Gschwedtner, at the request of Citizens Bank President Thomas Hollister, read the following letter: "Dear Citizens of Lexington: Citizens Bank would like to apologize to the Citizens of Lexington, and the Historic Districts Commission for the painting of the exterior of the building at 1776 Massachusetts Avenue. Citizens Bank takes its responsibility as a steward of an historic building in the heart of Lexington seriously. We have informed Chairman Gschwendtner of the Historic Districts Commission that we will take steps necessary to remove the paint from our building and restore the exterior with the guidance and oversight of the Historic Districts Commission. Lexington's Historic Districts Commission has a fine reputation for its leadership in preserving the center. We intend to be a part of that effort. We will also be making a contribution to the Lexington Historical Society towards the restoration of the Depot. You are fortunate to have an Historic Districts Commission whose diligent efforts brought this matter to our prompt attention, and we sincerely apologize for the error on our part." Very truly yours, Thomas J. Hollister President and CEO Citizens Bank of Massachusetts Mrs. Gschwendtner then introduced Commission Member Mark Dinapoli who will be overseeing the restoration of the bank building. Selectmen's Meeting — June 19, 2000 Consent Agenda Winthrop Road Parking Regulation Upon motion duly made and seconded, it was voted to sign the "No Parking" regulation for Winthrop Road. Establish Trust Accounts Upon motion duly made and seconded, it was voted to establish the following Trust Accounts: a. Lexington Police Children's Scholarship Fund b. Lexington Police Betterment Association Scholarship Fund C. Stavenhagen Family Scholarship Fund Petition General Court Upon motion duly made and seconded, it was voted to petition the General Court for special legislation as approved under Article 24 of the 2000 Annual Town Meeting (Grant of Location for Underground Lateral Wires). Traffic Safety Advisory Committee Traffic Safety Advisory Committee Member David Carbonneau reviewed the Committee's recommendations on the following matters: Massachusetts Avenue & Locust Street — Pedestrian Button The Committee met with residents from the Locust Street neighborhood to discuss their request for a pedestrian button on the traffic light serving the East Lexington Fire Station at Mass. Ave. and Locust. The Committee explained to the residents that the town must conform to state warrants with respect to installing traffic signals and that the warrants are not met at that location. The Committee cannot recommend a pedestrian signal to the Board, however, we do submit the following for the Board's consideration: rearrangement of the school bus stop to minimize Mass. Ave. crossings; installation of a yield to pedestrians cone; use of the Police Department speed board. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee. Crosswalk on Lincoln Street at Temple Isaiah The Committee discussed a request from Arthur Sharenow of Temple Isaiah for a crosswalk opposite the Temple. Mr. Sharenow requested the crosswalk at the southern entrance to the Temple opposite a recently constructed walkway. The Committee did see a benefit in locating a crosswalk opposite the Temple but did not favor the location requested due to poor sight distance from vehicles going north on Lincoln Street. The Committee recommends a crosswalk and advance crossing signs be located at the northern entrance to the Temple. Selectmen's Meeting — June 19, 2000 Mr. Carbonneau will look into drawing up no parking regulations and will evaluate sight distances and come back to the Board at the next meeting for a formal vote. No Parking Baskin Road and Bushnell Drive The Committee met with about 40 residents of Baskin Road and Bushnell Drive to discuss their request for a regulation. Both of these streets have received large -scale student parking from high school students. The Committee agreed that these streets were poorly suited for dense all - day parking and recommends that no parking while school is in session regulations be adopted. In addition, the Committee urges the School Administration to continue their efforts to curtail students driving to school. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee. Reserve Fund Transfers Mr. White explained the need for Reserve Fund transfers in the amount of $96,315. Board members asked questions concerning the Fire Department overtime request. Upon motion duly made and seconded, it was voted to approve the following Reserve Fund Transfer requests: $55,000 Fire Department overtime; $3,500 Elections Personal Services; $12,815 East Branch Library roof repair; $25,000 Legal for Hanscom litigation expenses. Battle Green Guide Licenses Upon motion duly made and seconded, it was voted to issue Battle Green Guide Licenses to V. Arthur Katz and Kayla Belmont. Auctioneer's License Upon motion duly made and seconded, it was voted to approve the application and issue an auctioneer's license to Custom Liquidators of America, Inc. d /b /a Newton Oriental Rugs for an oriental rug auction on Monday, September 4, 2000 at Heritage Hall. AT &T /Cablevision License Transfer Regional Hearings Communications Advisory Committee Member David Kanter explained the process involved in the request for a transfer of the Cablevision license to AT &T. Mr. Kanter further advised the Board that it was the recommendation of the Communications Advisory Committee that the Town participate in the regional hearings. Upon motion duly made and seconded, it was voted that the Town participate in the regional hearing process. Selectmen's Meeting — June 19, 2000 Appointment of Election Officers Upon motion duly made and seconded, it was voted to appoint 54 election workers from the Democratic Party and 28 election workers from the Republican Party from the list provided by the Town Clerk, effective September 1, 2000. Appointments - Town Celebrations Committee Upon motion duly made and seconded, it was voted to reappoint Robert Tracey and Paul Jenkins to the Town Celebrations Committee for a three -year term to expire June 30, 2003. Upon motion duly made and seconded, it was voted to reappoint Jim Cataldo, Julie Miller, Roberta Morgan, Henry Murphy, Perry Pollins and Charles Price to the Town Celebrations Subcommittee for a term to expire June 30, 2001. Upon motion duly made and seconded, it was voted to appoint Mary Gillespie to the Town Celebrations Subcommittee for a term to expire June 30, 2001. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of March 20, March 27, March 29 and April 3, 2000. Mrs. McKenna abstained from voting on the March 29 minutes. Tree Committee Appointment Upon motion duly made and seconded, it was voted to appoint Bebe Fallick as the Conservation Commission representative to the Tree Committee. Senior Center Siting Committee Public Participation Policy Statement Committee member David Harris read the following: The Committee believes that an inclusive and broad -based public effort is critical to the ultimate success of any effort to site a new Senior Center in Lexington. As such, the Committee will pursue a four pronged strategy to insure that anyone who has an interest in this issue or that anyone who will be impacted by a new Senior Center will be presented with an opportunity to participate in the Committee's process. In that regard, the Committee proposes the following public participation actions: The Committee will write an op -ed piece in the Lexington Minuteman during the beginning of their review process. The op -ed piece will provide detail about the Committee's schedule of Selectmen's Meeting — June 19, 2000 meetings, charge and purpose. In addition, the piece will invite any and all citizens with an interest in the Committee's process to participate; will provide the community with a list of sites in the Committee's current inventory to be considered for a potential new Senior Center site; and encourage anyone in the community to suggest other sites for consideration. The Committee will utilize the Town's Internet site to the maximum extent possible to post relevant information such as meeting schedules, agendas and other Committee documents. The Committee will hold a public hearing with appropriate public notice regarding what they understand as the criteria to be used in selecting sites and the programmatic needs that drive the space requirements with an invitation to any interested party to provide feedback; and The Committee will, once a select group of sites is identified for serious consideration, make a determination as to the parties that may be impacted by a potential siting and provide notification by mail of such a possibility with a detailed list of Committee meetings. Committee members reported on their activities to date. There was some discussion and questions from Board members. Upon motion duly made and seconded, it was voted to endorse the Senior Center Siting Committee's policy statement. Selectmen's Gift Accounts There was considerable discussion about the use of Selectmen's Gift accounts. Mrs. McKenna's motion to transfer the funds for the Westview Cemetery Fence from the Westview Cemetery Development Fund and return them to the Selectmen's Gift account for other purposes was not seconded. Liaison Reports Board members decided to put the matter of the Creche on the Battle Green on the Agenda for the next meeting of the Board on July 10. Selectmen's Meeting — June 19, 2000 Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs. Eddison, Mrs. Krieger, Mr. Enrich and Mrs. Abbott to go into executive session for discussion of collective bargaining, potential litigation and land acquisition with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk