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HomeMy WebLinkAbout1992-12-BOS-min d r SELECTMEN' S MEETING December 14 , 1992 A regular meeting of the Board of Selectmen was held on Monday, December 14 , 1992 , in the Selectmen' s Meeting Room, Town Office Building, at 7 : 30 p.m. Acting Chairman Eddison, Mr. Mar- shall , Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr. White, Town Manager; Mrs. Novak, Assistant Town Manager; and Mrs . Peters, Executive Clerk, were present . COMMON VICTUALLER LICENSE RENEWALS Upon motion duly made and seconded, it was voted to approve applications and endorse licenses for the following common victuallers: Alexander' s Pizza, Vasillios Bokos 180 Bedford Street Arty' s Restaurant, Frank Gianoukos 177 Mass . Avenue Bel Canto Restaurant, Donald Vaundell 1709 Mass. Avenue Bellino' s Bakery, Vito Bellino 141 Mass . Avenue Brigham' s #696 , Paul Gallante 38 Bedford Street Brugger' s Bagel ; Bakery-Beantown 413 Waltham Street Bagels , Inc . , Daniel C. Shelan Chadwick' s , John Adams 903 Waltham Street Coffee connection, Jessica Jacobsen 1729 Mass. Avenue Denny' s Restaurant, Audrey Randall 438 Bedford Street Lexington Donuts, Inc. , Roberto Oliviera 373 Waltham Street Sweet Peppers, Nancy Jigarjian 20 Waltham Street Lex. Lodge of Elks #2204 , Peter Garvey 959 Waltham Street Fife & Drum Grill & Restaurant, Minuteman Vo-Tech, Ronald Fitzgerald 748 Marrett Road Friendly Ice Cream Corp. , Dennis Roberts 66 Bedford Street Friendly Ice Cream Corp. , Dennis Roberts 1060 Waltham Street Hartwell House , Inc. , Lawrence Tropeano 94 Hartwell Avenue LeBellecour, Mita T. VanBerkout 10-12 Muzzey Street Lemon Grass Inc . , Threeradit Songbehato 1710 Mass. Lex. Golf Club, Dexter Whittinghill , Jr. 55 Hill Street Lex. House of Pizza, Ilios Franas 399 Lowell Street Lex. Square Pizza & Restaurant , 1666 Mass. Avenue Theodore Rakes The Lexington Club, Keith Callahan 475 Bedford Street Mario' s Restaurant , Mark Mimimos 1733 Mass . Avenue New Asia II , Sally Loh 211 Mass. Avenue One Meriam, Judith Doucette 1 Meriam Street Peking Gardens, Peter Wong 27-31 Waltham Street Pine Meadows Golf Club, Richard Baker 255 Cedar Street Roy Rogers Restaurant , Mary Rogers Route 128 North Steve ' s Ice Cream, John Hunter 1749 Mass. Avenue The Kitchen, Inc. , Ruth Benoit 363 Mass. Avenue Sheraton/Lexington Inn, John Hurley 727 Marrett Road Versaille Restaurant, Isaac Dray 1777 Mass. Avenue Yangtze River Restaurant, Wei An Ong 21-25 Depot Square Minutes for the Meeting of December 14 , 1992 2 LIQUOR LICENSE RENEWALS Upon motion duly made and seconded, it was voted to endorse Liquor Licenses for the restaurants, package stores, innkeeper and clubs whose applications were approved for renewal at the Board' s Meeting of November 16 , 1992 . It was noted that no renewal application has been returned from the 1775 Wine & Spirits Package Store in the month of November as required by State Statute . 1993 LICENSE RENEWALS Upon motion duly made and seconded, it was voted to approve renewal of the following licenses: COIN OPERATED VIDEO GAME MACHINES Lexington Post VFW #3007 ( 2 ) Hayden Recreation Centre ( 4 ) 2 Hayes Lane 24 Lincoln Street Lexington Lodge B.P.O. Elks ( 3 ) Travel Plazas by Marriot ( 3 ) 959 Waltham Street Roy Rogers Restaurant Route 128 North COMMON CARRIER Richard J. Illingworth Airport Transportation Service ,r, 408 Franklin Street oi Melrose , MA CLASS I LICENSES Auto Engineering Ltd. Partnership Lexington Toyota Sales 436 Marrett Road 409 Massachusetts Ave . New England Transit Sales , Inc. 238 Bedford Street CLASS II LICENSE CLASS III LICENSE Lexington Auto Sales Mr. John P. Carroll Mr. James Shimansky 31 Allen Street 542 Massachusetts Avenue LODGING HOUSE Dr. Peter Bleiberg Wild Acre Inn 50 Percy Road ENTERTAINMENT Hartwell House Sheraton/Lexington Inn 94 Hartwell Avenue 727 Marrett Road INNKEEPER Sheraton/Lexington Inn Travel Lodge 727 Marrett Road 440 Bedford Street * Battle Green Motor Inn 1820 Massachusetts Avenue _. r 4A Minutes for the Meeting of December 14 , 1992 3 omm Approval of an Innkeeper License for Battle Green Motor Inn was voted subject to passing reinspection by the Fire Department . CONSENT AGENDA COMMITMENTS Upon motion duly made and seconded, it was voted to approve commitment of the following charges: Commitment of Water Charges - Nov. 1992 $4 ,400 .45 (Final Bills ) Commitment of Sewer Charges -- Nov. 1992 $6 , 722 . 98 (Final Bills) Commitment of Street Opening Permits , 11-30-92 Boston Gas Co. $1 ,075 . 00 N. .E. Telephone $25 . 00 Boston Edison Co. $152 . 80 TRAFFIC ITEM Upon motion duly made and seconded it was voted to refer to the Traffic Safety Advisory Committee a letter from Ann Bolitski , 21 Hill Street , dated December 12 , 1992 , expressing concern for the safety of walkers crossing the street at the intersection of Bedford Street and Worthen Road. ONE DAY LIQUOR LICENSE ,,m= Upon motion duly made and seconded, it was voted to approve a One Day Liquor License requested by the Armenian Sisters Academy for a New Years Eve party on December 31 , 1992 from 8 :00 - 1 : 00 p.m. LOWELL STREET RD PROPOSAL Members of the Planning Board and LexHAB joined the Board to discuss a proposed RD rezoning for a multi-unit development off Lowell Street. Also present was Peter Kelley, developer for the proposed rezoning. Marshall Derby, Chairman of the LexHAB Board, that at the last meeting the developer had proposed to offer the Town either 5 units deeded to LexHAB, or 20 units of reduced price condomini- ums to be sold at below market rates to first time buyers . Mr. Derby noted that LexHAB strongly preferred to acquire five units free and clear, and avoid the problems of monitoring the 20 units to guarantee they remained affordable. Mr. Derby added that LexHAB also supports the developer' s latest proposal : 1 ) to give five affordable units to LexHAB, free and clear; and 2 ) to sell 15 units at below market rates to first time buyers providing a total of 20 units of affordable housing in the development. In response to questions from the Board, Mr. Derby said 80 units were proposed for the development, of which 20 units ( 25%) would be affordable housing. Mr. Kelley showed a preliminary drawing of the type of buildings proposed, noting that all parking would be in base- ments. He said he had talked with EOCD (Economic Office of Communities & Development ) and it looked like the 20 units could be included in Lexington' s affordable housing inventory. He Minutes for the Meeting of December 14 , 1992 4 hoped that the he and the Town (LexHAB and the Planning Board) could reach agreement in time for the 1993 Town Meeting . Planning Board Chairman David Williams said that the Plan- ning Board would consider this latest offer which it was just now seeing for the first time; that the Board had identified this site as perfect for this type of housing , although some members might think that 80 units were too many units for the site , since the Board had been concerned when 75 units were proposed. Mr. Kelley said that the size of the buildings had not increased to accommodate the 80 units, but that the additional units were the result of redesign and reducing the size of some of the units. He added that they were not interested in building a rental development at Lowell Street. LexHAB and the Planning Board were asked to come back to the Board with a joint recommendation on the project, in order to enable the developer to meet the time constraints for bringing an RD Development to the 1993 Annual Town Meeting . The two boards agreed to continue this discussion at the Planning Board meeting scheduled for this evening. The Selectmen agreed this plan for an RD 80 unit development should go forward approximately as presented, with five units to be presented to LexHAB, and 15 units to be sold to low and moderate income households. Mr. Eddison added that the Board would welcome a joint recommendation on the RD rezoning from LexHAB and the Planning Board as soon as it is prepared. Pmm PUBLIC HEARING: TAX CLASSIFICATION Mr. Eddison opened the hearing and turned it over to Chair- man of the Board of Assessors, Robert Leone , who discussed tax rate options and impacts, given a shift in residential and commercial assessments. He said that the decision before the Board tonight was to choose a commercial/industrial property factor (C/I/P factor) which would allow two different tax rates to be levied, one on commercial/industrial properties and one on residential properties. Mr. Leone discussed state regulations and legal restrictions that affect C/I/P factors, which are capped at 1 . 75 . He and the Board reviewed a chart showing the effect of different C/I/P Factors on tax rates and on tax bills for residential and commer- cial property. He noted that last year Lexington' s C/I/P factor was 1 . 67 . Mr. Leone reported that there have been major shifts in the value of office establishments and retail space, with the value of office space declining dramatically, so that retail establish- ments have borne the tax brunt of these shifts . Background information on tax rate options, showing resi- dential and non-residential factors, rates and tax bill impact (% of change ) and the impact of market forces was presented and reviewed with the Board prior. Fa' In response to a question from Mr. McSweeney, Mr. Leone ex- plained that the Selectmen could use last year' s C/I/P Factor, which would result in a Residential tax rate of $13 . 72 , and a Commercial/Tax rate of $26 . 14 . Using this factor of 1 . 67 would raise residential taxes by 14 . 02% on average, and lower commer- Minutes for the Meeting of December 14 , 1992 5 !". c ial/industrial taxes by 5 . 27% on average , with office taxes declining 7 . 30% and retail taxes rising 5 . 10% on average. Richard Bram, 25 Saddle Club Road, thought that commercial taxpayers were unfairly taxed in favor of residential tax payers . Steven Trippi , 12 Fremont Street, had questions about why his evaluation went up 21%. Dissatisfaction with the assessment process was expressed by several persons in the audience , who asked that some sort of public forum be scheduled to hear about the assessing process and to air their grievances. Mr. Leone discussed the abatement process saying that the owner must file within 30 days of receipt of the bill . He added that the Board of Assessors would be happy to schedule a public forum to explain the property assessments process and to answer resident ' s questions . Mr. Leone said that the Town' s method for determining the value and assessing property taxes has been approved by the State. The Board of Selectmen supported the Board of Assessors ' offer to hold a public forum early in January. Mr. White praised the work of the Board of Assessors, and Assessor Harald Scheid, noting that Mr. Scheid had been instrumental in reducing the cost of the assessor' s overlay this year and had saved the Town thousands of dollars in consulting fees. Acting Chairman Eddison declared the hearing closed, and asked for the Board' s recommendation in setting a C/I/P Factor maim for FY93 . Mr. Dailey moved and Mr. McSweeney seconded to adopt a C/I/P Factor of 1 . 67023 . Mr. Marshall and Mr. Eddison proposed moving to a higher C/I/P more in the middle of the range . Mr. Dailey agreed to amend his motion and support setting a C/I/P Factor of 1 . 70386, and Mr. Marshall seconded. All agreed they supported this motion. Upon motion duly made and seconded, it was voted to set the C/I/P Factor at 1 . 70386 for FY93 . APPOINTMENT -- HANSCOM FIELD ADVISORY COMMISSION The board reviewed a memorandum from Mr. Eddison recommend- ing that Myron Miller be appointed as alternative representative to the Commission, to serve when current Representative Jack Taylor is unable to attend its meetings. Upon motion duly made and seconded, it was voted to appoint Myron Miller to serve as alternative representative to the Hanscom Field Advisory Commission. APPOINTMENT - LEXINGTON REPRESENTATIVE TO THE STRATEGIC ASSESS- MENT REPORT (SAR) ROUNDTABLE ADVISORY GROUP Upon motion duly made and seconded, it was voted to appoint Robert Domnitz to serve as the Town' s representative to the Strategic Assessment Report (SAR) Roundtable Advisory Group. wm APPOINTMENT/REAPPOINTMENTS - BOARD OF APPEALS & ASSOCIATES Upon motion duly made and seconded, it was voted to reap- point Francis W. R. Smith to a second five year term on the Board of Appeals, expiring September 30, 1997 . / Minutes for the Meeting of December 14 , 1992 6 MI° Upon motion duly made and seconded, it was voted to appoint Natalie Riff in to serve as an associate member to the Board of Appeals for a one year term expiring September 30 , 1993 , to fill the vacancy created by the resignation of William C. Hayes. Upon motion duly made and seconded, it was voted to reap- point the following associate members to the Board of Appeals for one year terms, expiring September 30 , 1993 : Nyles N. Barnert , Eric T. Clarke, Robert F. Sacco, Arthur C . Smith, and Judith J . Uhrig . APPOINTMENT - WASTE MANAGEMENT ADVISORY COMMITTEE Upon motion duly made and seconded, it was voted to appoint Frances A. Ludwig, 19 Wyman Road, as the School Department ' s representative to the Waste Management Advisory Committee for a term of office to expire September 30 , 1995 . APPOINTMENT - TOWN CELEBRATION COMMITTEE SUB-COMMITTEE Upon motion duly made and seconded, it was voted to appoint Robert W. Schuster, 252 Worthen Road, to the Town Celebration Committee Sub-Committee for a term of office to expire September 30 , 1993 . APPOINTMENT - CABLE TV AND COMMUNICATIONS ADVISORY COMMITTEE Upon motion duly made and seconded it was voted to appoint Lionel L. Fray, 2361 A Massachusetts Avenue, to serve on the mos Cable Television and Communications Advisory Committee for a term of office to expire September 30 , 1995 . MBTA BUS UPDATE Mr. White reported that the MBTA Board of Directors voted to reallocate funds among line items within the T' s budget to allow the continuation of all bus service , and that this will result in continued operation of Bus Route 76 . BOW STREET SEPTIC DUMP UPDATE The Board reviewed a Memorandum, dated December 11 , 1992 , containing an interim septic dump proposal for the Bow Street septic dump from Superintendent of Water & Sewer Bill Hadley. The memorandum would set operating hours, fees and operating procedures. Mr. White said that approval of this interim proposal will allow for some immediate response to East Lexington neighborhood concerns, and give the Town time to continue to gather informa- tion from neighborhood time to gather information from the MWRA and other communities as to how to deal with this issue for the long term. He added that it was unclear whether the dump site could be closed. Mr. Joel Adler, questioned the location of the septic dump site on Bow Street , and asked why it could not be relocated in a wpm less populated neighborhood. Upon motion duly made and seconded it was voted to adopt the fee structure, hours of operation and operating procedures for the Bow Street septic dump as contained in Mr. Hadley' s memorandum of December 11 , 1992 . Minutes for the Meeting of December 14 , 1992 7 ARTICLE 5 TRANSFERS The Board reviewed a list of an Article 5 Transfers for FY93 , dated December 11 , 1992 . Mr. White said that on average , salaries have increased by 2 . 5% for FY93 . He added that the Police and Dispatcher collective bargaining units have not yet reached settlement for FY93 and are not included in these Article 5 transfer requests. Mr. White added that approval will facili- tate the completion of the FY94 budget process . Upon motion duly made and seconded, it was voted to approve the Article 5 transfers, as requested. CHAIRMAN' S BREAKFAST Mr. White reported that Chairman Smith has scheduled a Chairman' s Breakfast for January 8 , 1993 at 7 : 30 a.m. DECEMBER STORM CLEANUP Mr. White praised the DPW for its fast and efficient snow removal following the storm, and Mr. Spiers summarized the clean- up expenses involved. Mr. White added that one of the prime considerations for completing the clean-up as quickly as possible especially in the Center, was the wish to make the Town as accessible as possible for Christmas shoppers. Mr. Marshall hoped that there would be leniency in parking enforcement during the holidays. The Board commended the Department of Public Works for an excellent job in cleaning up so quickly and so well after the storm. VISA AND MASTER CARD PRIVILEGES Mr. White reported that unless there are ob, (::ctions from the Board, a notice will be sent in the next tax bill saying that effective February 2 , 1993 , the Town will no longer accept Visa and Master Card payments for real and personal taxes, motor vehicle excise and water and sewer charges. He explained that this was due to the decrease in investment rates and reduction in investment income which makes it very unattractive for the Town to continue to offer credit card privileges for anything other than Recreation programs . NESWC/MRI UPDATE Mr. White provided the Board with an update regarding the NESEC/MRI arbitration settlement. He reported that an arbi- tration panel had awarded Massachusetts Refusetech, Inc. (MRI ) , operator of the NESWC waste to energy facility where Lexington disposes of its trash, $18 million in a settlement , and added that this is less than a quarter of the $75 million MRI had been seeking. He added that the settlement would cost the Town $440 , 000 , which may be offset by savings expected through refi- nancing the bonds used to build the facility, and that this could sae mean savings of $20 a ton on disposal (tipping ) fees in the future. / Minutes for the Meeting of December 14 , 1992 OMNI INTRODUCTION OF ASSISTANT TOWN MANAGEL JULIA NOVAK Mr. White introduced Julia Novak, the new Assistant Town Manager, who has been on the job for a week. Mr. Eddison wel- comed Mrs. Novak on behalf of the Board. FIRE OPERATIONAL ISSUES Chief Bergeron presented an update and outlined his plan for responding to some of the organizational performance issues dis- cussed in the Gants report . Chief Bergeron reported that in the training area, all full time dispatchers and one part-time dispatcher have completed their training and have received dispatcher certification. Also one dispatcher has also been certified to train dispatchers in- house . Dispatchers have been enabled to attend seminars and bring back the information to the rest of the staff. The Chief also reported that the Telephone Company has provided the Town with detailed call tracing procedures ; that hearing tests are being to be conducted; and that work continues on getting E911 installed as soon as possible, along with the combined dispatch center. The Chief concluded that, for the future , a plan is being worked on to place greater emphasis on the rebuilding and reorga- nization of the Fire Department; to develop increased engagement and utilization of the command staff; and to develop an account- ability mechanism, so that everyone meets their responsibilities. ismik He added that their aim was to have a stronger department by building on what is already in place, and that they hoped to report back to the Board with this planning document soon. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mr. Eddison, Mr. Marshall , Mr. Dailey and Mr. McSwee- ney, to go into executive session for discussion of matters of potential litigation, the disclosure of which might adversely affect the interests of the town, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10 : 50 p.m. A true record, Attest SetA/44 ' 65P4 Sara I . Peters Executive Clerk mom