HomeMy WebLinkAbout1992-12-BOS-min.Y
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
Arty's Restaurant, Frank Gianoukos
Bel Canto Restaurant, Donald Vaundell
Bellino's Bakery, Vito Bellino
Brigham's #696, Paul Gallante
Brugger's Bagel; Bakery- Beantown
Bagels, Inc., Daniel C. Shelan
Chadwicks, John Adams
Coffee connection, Jessica Jacobsen
Denny's Restaurant, Audrey Randall
Lexington Donuts, Inc., 4liviera
Sweet Peppers, Nancy Jigarjian
Lex. Lodge of Elks #2204, Peter Garvey
Fife & Drum Grill & Restaurant,
Ronald Fitzgerald
Friendly Ice Cream Corp., Dennis Roberts
Friendly Ice Cream Corp., Dennis Roberts
Hartwell House, Inc., Lawrence Tropeano
LeBellecour, Mita T. VanBerkout
Lemon Grass Inc., Threeradit Songbehato
Lex. Golf Club, Dexter Whittinghill, Jr.
Lex. House of Pizza, Ilios Franas
Lex. Square Pizza & Restaurant,
Theodore Rakes
The Lexington Club, Keith Callahan
Mario's Restaurant, Mark Mimimos
New Asia II, Sally Loh
One Meriam, Judith Doucette
Peking Gardens, Peter Wong
Pine Meadows Golf Club, Richard Baker
Roy Rogers Restaurant, Mary Rogers
Steve's Ice Cream, John Hunter
The Kitchen, Inc., Ruth Benoit
Sheraton /Lexington Inn, John Hurley
Versaille Restaurant, Isaac Dray
Yangtze River Restaurant, Wei An Ong
180 Bedford Street
177 Mass. Avenue
1709 Mass. Avenue
141 Mass. Avenue
38 Bedford Street
413 Waltham Street
903 Waltham Street
1729 Mass. Avenue
438 Bedford Street
373 Waltham Street
20 Waltham Street
959 Waltham Street
Minuteman Vo -Tech,
748 Marrett Road
66 Bedford Street
1060 Waltham Street
94 Hartwell Avenue
10 -12 Muzzey Street
1710 Mass.
55 Hill Street
399 Lowell Street
1666 Mass. Avenue
475 Bedford Street
1733 Mass. Avenue
211 Mass. Avenue
1 Meriam Street
27 -31 Waltham Street
255 Cedar Street
Route 128 North
1749 Mass. Avenue
363 Mass. Avenue
727 Marrett Road
1777 Mass. Avenue
21 -25 Depot Square
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Minutes for the Meeting of December 14, 1992
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)
959 Waltham Street
COMMON CARRIER
Richard J. Illingworth
Airport Transportation Service
408 Franklin Street
Melrose, MA
CLASS I LICENSES
Auto Engineering Ltd. Partnership
436 Marrett Road
New England Transit Sales, Inc.
238 Bedford Street
CLASS II LICENSE
Lexington Auto Sales
Mr. James Shimansky
542 Massachusetts Avenue
LODGING HOUSE
Dr. Peter Bleiberg
Wild Acre Inn
50 Percy Road
ENTERTAINMENT
Hartwell House
94 Hartwell Avenue
INNKEEPER
Sheraton /Lexington Inn
727 Marrett Road
Travel Plazas by Marriot (3)
Roy Rogers Restaurant
Route 128 North
Lexington Toyota Sales
409 Massachusetts Ave.
CLASS III LICENSE
Mr. John P. Carroll
31 Allen Street
Sheraton /Lexington Inn
727 Marrett Road
Travel Lodge
440 Bedford Street
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* Battle Green Motor Inn
1820 Massachusetts Avenue
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Minutes for the Meeting of December 14, 1992 3
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
(Final Bills)
Commitment of Sewer Charges -- Nov. 1992 $8,722.98
(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
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
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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.
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.
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 7.309 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
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,
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
P"" Upon motion duly made and seconded, it was voted to appoint
Natalie Riffin 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
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
�.. 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.
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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 S, 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, (:actions 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 ta.-L-les , 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
mean savings of $20 a ton on disposal (tipping) fees in the
future.
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Minutes for the Meeting of December 14, 1992 g
' INTRODUCTION OF ASSISTANT TOWN MANAGER 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.
He added that their aim was to have a, stronger department g p 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
Sara I. Peters
Executive Clerk