HomeMy WebLinkAbout1993-07-BOS-min '4 :7--
SELECTMEN S
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SELECTMENS MEETING
s••• JULY 26, 1993
A regular meeting of the Board of Selectmen was held on Monday,
July 26 , 1993 , in the Selectmen's Meeting Room, Town Office Build-
ing, at 7 : 30 p.m. Chairman Dailey, Mr. McSweeney, Mr. Busa, Mr.
Fenn; Mr White, Town Manager; Mrs. Novak, Assistant Town Manager;
and Mrs. Peters , Executive Clerk, were present.
7 : 30 P.M. PUBLIC HEARING: NEW ENGLAND TELEPHONE/BOSTON EDISON
WALTHAM STREET
Mr. Dailey opened a public hearing on the petition of New
England Telephone to relocate a pole at 125 Waltham Street.
Arthur Callaghan, representing New England Telephone, said that
the work was necessary because the pole had been installed on
private property which is in non-compliance of Town By-Laws.
Mr. Dailey noted the favorable recommendation for approval of
the petition in a memorandum from Richard Spiers, Director of Public
Works, dated June 22 , 1993 .
Mr. Dailey recognized Sheila Hoadley, 125 Waltham Street on
whose property the pole is presently located, who spoke in favor of
the relocation. It was suggested that Mrs. Hoadley be consulted
before the pole is relocated and set. There being no further
comments or questions, Mr. Dailey declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the
petition, plan and order for a Grant of Location to relocate a pole
"'a to be owned and used in common by New England Telephone and Boston
Edison at 125 Waltham Street to the westerly side of the road 83' -8"
north of Forest Street, and that Mrs. Hoadley be consulted and made
aware of the pole' s new location before the pole is set .
APPROVE COMMON VICTUALLER'S LICENSE FOR DUNKIN DONUTS
The Board reviewed an application for a Common Victuallers
License from Joseph Valeria, d/b/a Dunkin Donuts, 141 Mass. Ave. to
operate from 5 : 30 a.m. to 10:00 p.m. in accordance with the Board of
Appeal' s decision granting the special permit.
Upon motion duly made and seconded, it was voted to grant a
Common Victualler License to Joseph Valerio, d/b/a Dunkin Donuts,
141 Mass. Ave. to operate from 5 : 30 a.m. to 10:00 p.m.
APPROVE CHANGE OF CORPORATE NAME - BEL CANTO RESTAURANT
The Board reviewed an application to change the corporate name
which appears on the current All alcoholic Beverages License of the
Bel Canto Restaurant, 1709 Massachusetts Avenue, Lexington, from
Yardarm, Inc . to Bel Canto Restaurants, Inc. In response to a
question from Mr. Dailey, Stephen Napolitano, representing Bel
Canto, said this was the only change proposed.
Upon motion duly made and seconded, it was voted to approve a
request from Bel Canto Restaurant , 1709 Massachusetts Avenue, to
change its corporate name from Yardarm, Inc. to Bel Canto Restau-
no„ rants, Inc. , subject to the approval of the Alcoholic Beverages
Control Commission.
At this time, Chairman Dailey recessed the Selectmen' s meeting to
Estabrook Hall , Cary Memorial Hall , to take up Item 2 on the agenda:
Minutes for the Meeting of July 26, 1993 2
Review of Projected Revenue, and to reconvene in the Selectmen' s
Meeting Room to resume its meeting
REVENUE PROJECTIONS
Mr. Dailey reconvened the Selectmen' s meeting in Estabrook
Hall , joining members of the School Committee, School Superintendent
Jeffrey Young, Appropriation Committee and Capital Budget Committee
members, members of the Steering Wheel Group and others interested
in a discussion of projected revenue for FY95 .
Mr. Dailey commented that this is really the first session in
which the Selectmen try to address the Resolution passed at the 1993
Annual Town Meeting under Article 4 . He reported that there have
been a number of meetings, at least five or six, of a group called
The Steering Wheel , that have been working on the establishment of a
schedule of hearings to address the spirit of the resolution. He
added that Paul Hamburger has agreed to continue to lead this Group;
that the membership of the group is expected to include Nancy Adler,
George Burnell , Neal Boyle , Nancy Cannalonga, Chris Coughlin, Karen
Dooks, Betty Eddison, Peter Enrich, Andy Friedlich, Donna Hooper,
Jay Kaufman and Paul Hamburger; and that also attending meetings
were Margery Battin, Dan Fenn, John Oberteuffer and himself.
Mr. Dailey also said that he and Mr. Hamburger had agreed that
the membership of the Group should also include a clergyman, a
member of one of the civic organizations and a representative from
alma the senior citizen community. He reported that the next meeting of
the Group will be held this Thursday morning at 7 :00 a.m. and all
are invited to attend.
Mr. Dailey asked Mr. White to present an overview of the amount
of revenue he projects will be available to the Town for FY95 . Mr.
White commented that he has been working with School Superintendent
Jeffrey Young and John Ryan, and that his figures are very prelimi-
nary at this point three weeks into FY95 , and will probably change,
but not too substantially.
Mr. White discussed a report entitled "Revenue Summary" that
presented revenue figures, including FY93 Estimated, FY94 Projected
and Revised, FY95 Projected, and anticipated New Revenue in FY95 . He
also discussed anticipated State aid, as contained in the Cherry
Sheet; anticipated local receipts from school revenue, investment
income, fines & forfeitures, motor vehicle excise, other excise such
as hotel/motel and other fees and charges; anticipated revenue from
available funds from free cash, parking meter revenue and article
transfers & trusts; and anticipated revenue from the real estate tax
levy. He noted there would be no available funds from free cash
this year.
Mr. White estimated there would be approximately $1 million in
new revenue and with the school budget estimated at around $2 .8
million and the town budget estimated at $2 . 1 million, the prelimi-
nary total budget for the Town is estimated at approximately $4 . 9
million. He reported that the Town is presently negotiating with
leaders of collective bargaining units on health care, and he is
optimistic that some changes can be made this year to lower health
insurance costs.
Minutes for the Meeting of July 26, 1993 3
ORM
Questions and comments focussed on the method of computing the
amount of per pupil aid, the projected increase in excise taxes,
ambulance fees, coalition bargaining, and what is meant by the Town
getting its money' s worth on health care.
Mr. Ryan responded to questions on retirement benefits by
saying that as of January 1993 , the unfunded retirement benefit
liability for the Town was approximately $18 to $19 million, and
that the Town' s retirement system should be fully funded by the year
2028. He said that the Town of Wellesley is the only town in the
state with a fully funded retirement system. Mr. Dailey added that
Lexington ranks 13 out of 107 of all State retirement systems.
School Committee Chairman John Oberteuffer and Superintendent
of Schools Jeffrey Young presented the School Department' s FY95
Preliminary Budget Projections. Mr. Oberteuffer said the figures
were preliminary, and that he would only talk in a general way. Dr.
Young discussed the operating budget and reported that it is expect-
ed there will be a $1 . 3 million increase; an approximate 4% increase
in student enrollment; negotiated salary increases of 3 . 1%; and more
stability in the special education tutor account.
In response to a question from Mr. McSweeney, Dr. Young said
that the 3 . 1% negotiated salary increases amounted to approximately
$ . 9 million.
Dr. Young also reported that expenses relating to reopening
Hastings School were: projected operating costs of $1 . 2 million to
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open the school ; salaries of teachers, aids and support staff,
increased transportation expenses; funds for instructional materials
and supplies; and funds for utilities and fuel .
Under capital needs, Dr. Young reported that approximately $1
million is needed of which roughly $ . 7 million has already been set
aside; with other school capital needs to be identified by a school-
town facilities study.
Chairman Dailey thanked the Steering Wheel Committee for its
schedule of meetings for the "Implementation of the Budget Process"
and for the Implementation of a "Pilot Strategic Planning Initia-
tive" , and he added that the Board would try to adhere to them. He
welcomed all interested persons to come to the meetings.
At approximately 9:05 p.m. Chairman Dailey recessed the meeting in
Estabrook Hall and at 9: 12 p.m. , reconvened the meeting in the
Selectmen' s Meeting Room to take up Item 3 on the Agenda.
BICYCLE PATH -- PROPOSED MEMORIAL
Design Review Committee Chairman John Frey asked that the Board
consider approval of a proposed Memorial for Al Lester, a member of
a cycling organization called the Charles River Wheelmen. Mr. Frey
described the proposed memorial as a granite bench and stone marker
with plaque, and said it had received the approval of the Design
Review Committee. He added that it was hoped the memorial could be
installed by September 23 , which would have been Al Lester' s 33
birthday, but that delays in the completion of the Bike Path may
make this impossible.
John Tobin who represented the cycling organization, presented
and explained the plan, which showed the location of the proposed
memorial to be located next to the Bike Path near the Parker Meadow
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Minutes for the Meeting of July 26, 1993 4
Conservation Land. He said that Club Member Al Lester had been
killed a little over a year ago by a drunk driver during a 24 hour
bicycle race. In consultation with the Friends of the Bikeway, this
site had been selected.
Mr. Tobin invited the parents of Mr. Lester to speak if they
wished. Mrs. Lester spoke of her involvement with Mothers Against
Drunk Driving (MADD) ; of an accident her son suffered at the age of
three which prevented his ever being able to drive an automobile; of
his career as an computer engineer; and of his love of bicycling.
Mr. Dailey thanked Mrs . Lester for her moving remarks and
comments. He mentioned the benches recently dedicated in the center
of Town and said that the memories behind the dedication of those
benches were extraordinary. He also thanked Mr. Frey for helping
the Charles River Wheelmen and Mr. and Mrs. Lester to make this
memorial possible.
Upon motion duly and seconded it was voted to approve the
placement and design of the Al Lester Memorial Bench at its location
along the Bikeway in Lexington.
Al Lester' s father, Mr. Lester, added his appreciation to all
who had helped to make this effort a success. Mrs. Reasonberg, a
member of the Friends of the Bikeway Committee, reported that the
committee is working on a master plan for the location of various
benches along the Bikeway, and when this is complete, perhaps other
person will wish to propose memorial benches, as was done along
No= Massachusetts Avenue.
MINUTES
Upon motion duly made and seconded, it was voted to approve the
minutes for the meeting of June 14, 1993 , as written.
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the executive session held on June 28, 1993 .
RESIGNATION/APPOINTMENT - LEXINGTON CENTER COMMITTEE
The Board reviewed a memorandum from Lexington Center Committee
Chairman David Wells, dated June 28, 1993 , reporting the resignation
of Committee Member Molly Nye, and recommending that Marjorie
Weerts, 1906 Mass. Avenue, be appointed to complete Mrs. Nye's term.
Upon motion duly made and seconded, it was voted to accept the
resignation of Molly Nye, and to appoint Marjorie Weerts to serve on
the Lexington Center Committee to complete a term of office expiring
September 30, 1994 .
APPOINTMENT - LEXHAB
The Board reviewed a memorandum from LexHAB Chairman Marshall
Derby, dated July 19, 1993 , recommending that Martha Wood, 51
Gleason Road, be appointed to complete the unexpired term to Decem-
ber 5 , 1995 of Marion Reilly, who resigned.
Rifts
Upon motion duly made and seconded, it
was voted to appoint
Martha Wood to serve on the Lexington Housing Assistance Board to
complete a term of office expiring December 5 , 1995 .
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Minutes for the Meeting of July 26, 1993 5
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CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges.
Commitment of Water Charges - June 1993 $795 . 71
( final bills)
Commitment of Sewer Charges - June 1993 $1 , 213 . 57
( final bills)
Commitment of Water Charges - June 1993 $89, 357. 99
(Cycle 9 bills)
Commitment of Water Charges - July 1993 $112 .065 . 32
(Cycle 9 bills)
ABATEMENTS
Upon motion duly made and seconded, it was voted to abate the
following charges.
Abatement of Water and Sewer Charges - Total $260. 05
40 Lincoln Street $7 .87
52 Bellflower $24 .00
468 Lowell St. $141 .00
80 Bedford St. $16. 37
20 Woodpark Circle $26.60
105 Fifer Lane $44 . 21
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ONE DAY LIQUOR LICENSES
Upon motion duly made and seconded, it was vote to approve a
One Day Liquor License, requested by the Lexington Knights of
Columbus, for Friday, July 30, 1993 , 8: 00 p.m. - Midnight
Upon motion duly made and seconded, it was vote to approve a
One Day Liquor License, requested by the Boston Higashi School for
Sunday, August 8 , 1993 , 3 :00 p.m. -- 8 :00 p.m.
ORDERS OF TAKING FOR SIDEWALK EASEMENTS
The Board reviewed a memo from Town Counsel Norman Cohen, date
July 22 , 1993 , asking that the Board sign enclosed orders of taking
for sidewalk easements.
Upon motion duly made and seconded, it was voted to sign and to
sign the orders of taking, for the installation of sidewalks, shown
as Easement A and Easement B on a plan of land entitled "Easement
Plan of Land Burlington/Grove Street, Town of Lexington" , dated May
6 , 1993 .
TOWN MANAGER APPOINTMENTS FOR FY94
Mr. White presented a list of FY94 Town Manager appointments,
whose terms expire in 1993 , that he plans to reappoint/appoint with
the Board' s approval . He noted that Angela Frick has served on the
Conservation Commission for 25 years and that he hopes she will
accept reappointment for another three years.
__ In addition, Mr. White asked that Susan Ryan, 2692 Massachu-
setts Avenue, be added to this list and be appointed to the Histor-
ical Commission replacing Isabella Hagelstein who resigned.
Upon motion duly made and seconded, it was voted to approve the
Town Manager Appointments, including Ms. Ryan to the Historical
Commission.
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Minutes for the Meeting of July 26 , 1993 5
WAN
CENTER PARKING
Mr. White reported that the Traffic Safety Advisory Committee,
the Lexington Center Committee and Public Works have all reviewed a
request from Parking Enforcement Officer Bigelow Moore proposing the
addition of three new metered parking spaces on Edison way at the
following two locations:
1 ) one metered parking space opposite Craft Cleaners replacing an
existing service zone; and
2 ) two metered parking spaces attached to the Jersey Barrier
opposite Mammola' s Salon.
Mr. McSweeney asked if the owners of Craft Cleaners were noti-
fied that this matter would be discussed this evening, and was told
they may not have been, and that they were opposed to this change.
After further discussion of concerns, the Board agreed to post-
pone approving the replacement of the service zone, used by custom-
ers and Craft Cleaners, with a parking space until the cleaners were
notified and had an opportunity to speak on the proposal .
Upon motion duly made and seconded, it was voted to approve the
addition of the two metered parking spaces attached to the Jersey
Barrier on Edison Way opposite Mammola' s Salon.
Mr. Dailey thanked Mr. Moore, on behalf of the Board, for his
diligence in seeking out potential new parking spaces and asked that
he keep up the good work.
STREET RESURFACING
Mr. White reported that five sealed bids were received for
street resurfacing on Williams Road, Gleason Road, Hillside Terrace,
Ledgelawn Avenue, Liberty Avenue and Hamilton Road. He noted that
the streets require repaving as a result of the North Lexington Pump
Station force main replacement construction done last summer. He
asked that the Board vote to award a contract to Bardon Trimount,
Burlington, MA, in the low bid amount of $164 , 265.
Upon motion duly made and seconded it was voted to award
Contract 93-4 , Street Resurfacing , to Bardon Trimount, Blanchard
Road, Burlington MA 01803 , in the amount of $164 , 265 .00, on the
basis of their being the lowest qualified bidder, subject to Town
Counsel ' s approval as to bid form.
MET STATE HOSPITAL MIGS GRANT
The Board discussed a memorandum from Assistant Planner Joseph
Marino to Town Manager White, dated July 13 , 1993 , and an applica-
tion package from the Executive Office of Communities and Develop-
ment (EOCD) giving the procedure for applying for FY94 funding under
the EOCD Municipal Incentive Grant program, which would enable MAPC
to continue to assist Lexington, Belmont and Waltham in planning for
the re- use of the Met State land located in their towns.
The Board discussed the specific tasks which MAPC proposes to
complete with the $12 ,000 in funding from this grant. Mr. White and
ma% Mr. McSweeney asked the Board' s support for this application.
Upon motion duly made and seconded, it was voted unanimously to
support the application to the Metropolitan Area Planning Commis-
sion, for FY94 funding under the Municipal Incentive Grant program
to be used to assist the towns of Lexington, Belmont and Waltham in
evaluating possible uses of the Metropolitan State Hospital site.
Minutes for the Meeting of July 26, 1993
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ASSESSORS AD-HOC COMMITTEE
The Board invited Dr. Geza Szonyi to speak on his memorandum
to the Board, dated July 22 , 1993 . Dr. Szonyi emphasized that these
remarks, about where the Committee was and the direction it should
take, were his and not the Committee' s. He spoke about his impres-
sions of the Committee meeting held on July 14, 1993. He said that
Assessor Harald Scheid gave an excellent presentation of current
assessor practices and methods, but that there was not adequate time
to cover all the needed details.
Dr. Szonyi recommended that a Subcommittee of the Ad-Hoc
Committee be formed to prepare a pamphlet or a booklet containing
easily understood examples of all aspects of the abatement process.
Dr. Szonyi recommended that a second Subcommittee be formed to
prepare a description of the mathematical model used in deriving the
assessed values for Lexington properties. He said he believed that
software is either already in place or can be generated by the
assessor within a reasonable time ( 2-4 months) , and that at the same
time the Subcommittee should be working to derive the appropriate
documentation, which should again be in the form of a booklet or
pamphlet. He believed that such booklet together with the interac-
tive software would reduce abatement requests, and that every
citizen could have access to a terminal where the assessed values
could be easily calculated on the screen.
Dr. Szonyi said that when these two tasks have been completed,
mm the Committee should address the methodology of Adaptive Estimation.
He recommended a Subcommittee be formed to work closely with the
assessor, and that the result would again be a pamphlet or booklet
describing generally the methodology used and the findings of the
Subcommittee on how this may affect the assessment model .
Dr. Szonyi also recommended that, if possible, a fourth commit
tee be formed which would look into the assessment practices and
methodologies used by a number of towns comparable to Lexington, and
that the results of this research also be summarized in a booklet.
He suggested Michael O'Sullivan to head this committee .
The Board recognized Josepl, Volante, who referred to a package
of information he had prepared aLd delivered to the Town Manager' s
office on July 15 , 1993 . He criticized the way the Town Manager
conducted the last Ad-Hoc Committee meeting , and the management of
the Assessing Department. He approved the suggestions made by Dr.
Szonyi and recommended they be followed.
Mr. Dailey responded that the Board wants to cooperate and
welcomes the recommendations of Dr. Szonyi and Mr. Volante. He
referred to the Committee charge prepared by the Town Manager, and
said that if the Committee feels it is too limited, it should be
expanded. He asked that Mr. Busa and the Town Manager respond to
the Committee' s concerns. Mr. Dailey also noted that the Town
Manager has an obligation to support the Staff. Mr. Volante said he
would be glad to work with Mr. White and Selectmen Liaison Busa, who
also thanked the Committee .
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Mr. White presented a different characterization of the July 14
meeting from that of Mr. Volante, and said he thought he had made
the charge deliberately vague and included enough scope for all the
proposals mentioned by Dr. Szonyi . He noted that there are 11
members on the committee, all with different concerns to deal with.
Minutes for the Meeting of July 26, 1993 8
Mr. Dailey asked that Dr. Szonyi let the Board know when his
recommendations have been adopted by the Ad-Hoc Committee.
VINEBROOK ROAD SEWER REPLACEMENT
Mr. White reported that seven bids were received for the
Vinebrook Road sewer replacement in which 600 feet of 6" sewer pipe
will be replaced. He asked that the Board vote to award the con-
tract to F.M.A. Construction Co. , Inc. of Somerset, MA in the low
bid amount of $45 ,877 .❑❑.
Upon motion duly made and seconded, it was voted to award
Contract 94 -2 Sewer Replacement to F.M.A. Construction Co. , Inc.
Somerset, MA 02726 , in the amount of $45 ,877 .00 , on the basis of
their being the lowest qualified bidder, subject to Town Counsel ' s
approval as to bid form.
STATE AID HIGHWAY CHAPTER 81 FUNDS
Mr. White asked that the Board vote to sign and sign the
Chapter 81 , Section 31 Forms provided. He said that submittal of
these forms will allow the town to receive the Chapter 81 funds, and
that last year the Town received almost $60,000.
Upon motion duly made and seconded, the Board voted to sign and
signed the Chapter 81 , Section 31 Forms.
STREET ACCEPTANCE FOR FY95
The Board reviewed a proposed time sequence for FY-95 Street
Acceptance found in a memorandum to Town Manager White from Town
Engineer Fields, dated July 14 , 1993 , and a draft Public Notice
announcing that all petitions for Sewer, Street and Sidewalk Accep-
tance must be filed in the Selectmen's Office no later than Septem-
ber 10, 1993 .
Upon motion duly made and seconded, it was voted to approve the
time sequence, as proposed, and to insert a Public Notice on Peti-
tions in the Lexington Minute Man advertising the deadline for
petitions for sewer, street and sidewalk acceptance.
HATS
Mr. Fenn reported that in the matter of the request by Corpo-
rate Air Service Inc. to operate a commuter service once a day
between Washington DC and Hanscom Field, the four towns have re-
ceived a draft letter from their Washington Attorney addressed to
the Secretary of Transportation, expressing the concern of the four
Towns, which each town has been asked to review and approve.
Mr. Fenn said that essentially the question is whether this
service is classified as a common carrier or a special carrier. He
added that if it is a common carrier then there is a community
involvement process in the FAA approval . He asked that the Board
review the draft, make corrections if it wishes, and approve it.
Mr. Fenn also reported on the issuance of the SAR (Strategic
__ Assessment Report ) prepared for the Massachusetts Aeronautical
Commission by Arthur D. Little, which basicaly says that Massachu-
setts policy makers have five options: 1 ) a no growth policy;
2 ) develop very high speed rail service between here to New York
City and Washington DC; 3 ) develop some airports, of which Hanscom
is strong possibility, that could handle in 3 to 8 years perhaps a
Minutes for the Meeting of July 26, 1993 9
third of the Logan air traffic; 4 ) develop one of these airports in
which airplanes that can go straight up in the air on take-off are
used; and 5 ) a combination of any of the first four.
Mr. Fenn added that HATs towns are concerned about the possi-
bility that Hanscom Field will become a satellite airport for Logan
Airport. He also reported that, thanks to Senator Havern, the
public comment period has been increased from three weeks to four
weeks.
BEDFORD STREET CROSSWAY
Mr. Boyle expressed safety concern about the first pedestrian/-
bikeway crosswalk in Lexington on Bedford Street which is badly in
need of repainting. Mr. Dailey said his concerns would be passed on
to the bikeway committee and that they will be asked to report back.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 4-0 by roll
call vote: Mr. Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn; to go
into executive session for discussion of matters of 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
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10: 50 p.m.
A true record, Attest:
Sara I . Peters
Executive Clerk