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HomeMy WebLinkAbout1995-03-BOS-min 60-163 Selectmen's Meeting March 6, 1995 A regular meeting of the Board of Selectmen was held on Monday, March 6, 1995 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn, Mrs. Eddison; Mr. Cohen, Town Counsel; Mr. White, Town Manager; and Ms. Smith, Executive Clerk, were present. New England Teleiphone/Boston Edison -- Grant of Location/Morgan Road Water Towers Mr. Dailey opened a public hearing on the joint petition of New England Telephone/Boston Edison for a grant of location to place one new pole on the southerly side of the road 226 feet west from the center line of Jean Road; the customer to place approximately 60± feet of conduit from this pole to its facilities near water towers for New England Telephone and Boston Edison Company services. New England Telephone Company and Boston Edison Company is asking for joint or identical locations for the erection or construction of a pole to be owned and used in common by them and such other fixtures as may be necessary to sustain or protect the wires of the line upon, along and across these public ways. The work is necessary to provide telephone and electric service to the communications hut at the Morgan Road water towers which Nextel Communications is leasing from the Town. Upon motion duly made and seconded, it was voted to approve the petition, plans and order for a grant of location for the installation of a new pole to be placed on the southerly side of road 226 feet west from the center line of Jean Road. Short Term Borrowing/Chapter 90 The Town Manager reported to the Board that on March 1 the Town took bids for $888,000 in Chapter 90 temporary borrowing. The Town received a competitive bid rate of 4.23% from the Shawmut Bank Upon motion duly made and seconded, it was voted to approve $888,000 of Chapter 90 borrowing at a bid rate of 4.23% and with a maturity date of March 15, 1996 from the Shawmut Bank. Permanent Borrowing Mr. White reported that on March 2 the Town went out for permanent issue of $4,480,000 for the four capital projects approved at the 1994 Annual Town Meeting. The Town received a competitive interest rate of 4.8815% over a ten-year period from Prudential Securities. 60-164 Selectmen's Meeting - March 6, 1995 Upon motion duly made and seconded, it was voted that the sale of the $4,480,000 Municipal Purpose Loan of 1995 Bonds of the Town dated March 15, 1995, to Prudential Securities Incorporated at par plus a premium of $846.72 and accrued interest is hereby confirmed. The bonds shall be payable on June 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Int. Rate Year Amount Int. Rate 1996 $575,000 5.375% 2001 $375,000 4.80% 1997 575,000 5.375 2001 375,000 4.90 1998 550,000 4.50 2003 375,000 4.95 1999 530,000 4.60 2004 375,000 5.00 2000 375,000 4.70 2005 375,000 5.00 Appointment of Fair Housing and Human Relations Committee Upon motion duly made and seconded, it was voted to accept the resignation of Peter Brown of the Lexington Savings Bank from membership on the Fair Housing and Human Relations Committee. Upon motion duly made and seconded, it was voted, upon the endorsement of co-chairs Florence Baturin and Marion Kilson, to appoint Donalee Farris, a loan officer of the Lexington Savings Bank, as a member of the Fair Housing and Human Relations Committee. Minutes of the Meeting of January 19, 1995 Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of January 19, 1995. Little League Parade - Opening Day of Little League Upon motion duly made and seconded, it was voted to grant a parade permit to the Lexington Recreation Department for opening day of Little League, Saturday April 29, starting at 9:30 a.m. at Muzzey Park and proceeding down Massachusetts Avenue through the Center, down Muzzey Street, terminating at the Little League field at the end of Park Drive. Representative to Eagle Scout court of Honor Mr. Busa offered to represent the Board at a Court of Honor for Eagle Scout Daniel C. Stead to be held on Sunday, March 19 at 4:00 p.m. 60-165 Selectmen's Meeting -- March 6, 1995 ti k Midnight Reenactment of the Arrival of Paul Revere and William Dawes at Hancock-Clarke House Mr. White reported that he and Police Chief Chris Casey had reviewed the request of the Lexington Historical Society and the Lexington Minutemen to close off portions of Bedford Street and Hancock Street and have worked out the details to provide trained detail officers at the Midnight Reenactment on April 16, 1995. Upon motion duly made and seconded, it was voted to approve the request of the Lexington Historical Society and the Lexington Minutemen. Parking Program Mr. Spiers reviewed the parking program and announced that for the first time since 1987 parking permits for all lots were sold before February 15. He gave recognition to Pauline Burke and Doe Crocker for their efforts and enthusiasm in administering the program. Mr. Spiers recommended either installing parking meters or making the Easterly side of Massachusetts Avenue from the entrance to Munroe Cemetery to Woburn Street a "No Parking" zone. Board members did not want to see parking meters added at this location. Upon motion duly made and seconded, it was voted to designate the Easterly side of Massachusetts Avenue from the entrance to Munroe Cemetery to Woburn Street a "No Parking" zone. Report of Investigation of Special Counsel - Taxable Property Mr. Cohen reported on an investigation by special counsel retained by the Town because of a conflict of interest on the part of the firm of Palmer & Dodge. This investigation was made upon receipt by the Town of anonymous letters regarding a potential source of tax revenue from a new building at Hanscom Field. The Board of Assessors and Special Counsel conducted an in-depth review of this matter. The Commissioner of Taxation last week ruled the interests of the partnership, Spaulding and Slye, who are the owners of the building, are not taxable by the Town of Lexington because of the building's location on Federal property. Budget Override Mr. White reviewed with the Board an update on open issues in the FY96 budget. The Selectmen have adopted a budget in concept which calls for a $1.5 million override. He also said that the new growth figure although not firm yet, may be somewhere between $80,000 and $100,000 more than anticipated. Also expected this week is verbal certification of Free Cash which 60-166 Selectmen's Meeting - March 6, 1995 may result in $1.5 million instead of an anticipated $1.0 million. He did say there is potential with the Governor's budget of more in Lottery money and State Aid but cautioned the Board that he does not want this money to be counted on yet. After review of the open issues the Manager asked the Board to decide how they wanted to handle the Town's share ($455,583) of the new override figure of $1,064,000. Board members discussed making budget reductions in order to reduce the amount to go into . the override and also discussed the programs they would designate at risk in the override. Mr. Fenn proposed cutting $15,000 from the Library capital request, cutting $67,000 for the senior center air conditioning but leaving in $8,000 for a study of the problem, cutting the request for increased clerical assistance from $23,000 to zero and cutting the amount for maintaining the islands from $29,000 to zero. Mr. Busa in addition to Mr. Fenn's items proposed cutting the additional $12,000 requested to bring the half-time position in Inspectional Services to a full-time position. Board members discussed these proposed cuts and expressed their personal feelings with respect to each item. Upon motion duly made and seconded, it was voted to reduce the Librarycapitalbudget bud et1 request of $62,000 by $15,000 to $47,000. Upon motion duly made and seconded, it was voted to reduce the $75,000 requested for the senior center air conditioning by $67,000 to $8,000. Upon motion duly made and seconded, it was voted 3-2 Mr. McSweeney, Mr. Busa and Mr. Fenn to reduce the amount requested for additional clerical assistance in the Town Manager's g Office by $8,736. Upon motion duly made and seconded, the vote to reduce the amount requested to maintain islands by $29,000 was defeated 3-2 Mr. Dailey, Mr. McSweeney and Mrs. Eddison. Upon motion duly made and seconded, it was voted 3-2 Mr. Dailey, Mr. McSweeneyand Mr. Busa to cut the additional request of $12,000 for the Building Inspector position. Board members next reviewed suggestions of items to be put at risk on the Override. These items covered $34,000 or $45,000 from the Library, $45,000 or $90,000 for one or two police officer positions, $208,000 Fire Department overtime, Lexpress and $14,398 from Selectmen's Office. 60-167 Selectmen's Meeting - March 6, 1995 Upon motion duly made and seconded, it was voted 3-2 Mr. Dailey, Mr. Fenn and Mrs. Eddison to place $90,000 from the Police Department budget on the Override. Upon motion duly made and seconded, the vote to place on the override $208,000 of the Fire Department budget for manning of the pumper on overtime was defeated 3-2 Mr. Dailey, Mr. McSweeney and Mr. Busa. Upon motion duly made and seconded, it was voted 3-2 Mr. Dailey, Mr. McSweeney and Mr. Busa to place $241,306 of the Lexpress budget on the Override. Upon motion duly made and seconded, it was voted to place $14,398 of the Board of Selectmen budget on the override. Upon motion duly made and seconded, it was voted to adjourn at 10:55 p.m. A true record, Attest: Fhyll`. A. Smith Exe' tive Clerk 60-168 Selectmen' s Meeting March 13, 1995 A regular meeting of the Board of Selectmen was held on Monday, March 13, 1995 in the Selectmen' s Meeting Room, Town Office Building at 7 : 30 p.m. Chairman Dailey, Mr . McSweeney, Mr . Busa, Mr . Fenn, Mrs . Eddi s on; Mr . White, Town Manager ; Mr . Cohen, Town Counsel and Ms . Smith, Executive Clerk, were present . Traffic Safety Advisory Committee Harrington Road and Bedford Street Peter Chalpin, Bill Mix and Roy Murphy, members of the Traffic Safety Advisory Committee, were present to report on a meeting of the TSAC concerning the status of the Harrington Road/Bedford Street intersection. On June 21, 1993 the Jersey Barriers were installed under the option #1 trial . On January 6, 1994 the jersey barriers were removed, and were replaced with signs under the option #2 trial . During the six months that Option #1 was in place, three accidents, with two personal injuries were reported and the Police issued 5 moving violation citations . During the thirteen months that Option #2 has been in place, five accidents, with three personal injuries were reported and the Police issued 152 moving violation citations . As a result of the concern and ideas expressed at the February meeting, the TSAC recommends that the Board of Selectmen approve termination of the Option #2 trial, approve the renewal of Option #1 using a temporary device selected by the Design Advisory Committee to close Harrington Road and approve the Design Advisory Committee' s offer to try to design a suitable and workable modification of the Hancock/Harrington/Bedford intersection which will eliminate the need for Options #1 and #2 . Upon motion duly made and seconded, it was voted to adopt the recommendations of the Traffic Safety Advisory Committee . Winter Street/Bedford Street - Stop Sian Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee to install a "Stop" sign on Winter Street at Bedford Street . Curve Street - No Parking Upon motion duly made and seconded, it was voted to approve the recommendation of the TSAC that a No Parking, Monday through Friday, SAM - 4PM regulation be instituted on Curve Street and S _ the appropriate signs be installed. 60--169 1- Selectmen' s Meeting - March 13, 1995 Hancock Street Upon motion duly made and seconded, it was voted to approve the recommendation of the TSAC to not install a "Caution Children" sign on Hancock Street near Adams Street as the area does not satisfy the Warrants; however the Police Department will be requested to provide increased enforcement of the "stop" signs at Hancock Street and Adams Street and the 30MPH speed limit on Hancock Street . Lowell Street/Summer Street Intersection Upon motion duly made and seconded, it was voted to approve the recommendation of the TSAC to request the Mass State Highway Department to paint a broken yellow centerline on the Lowell/Summer Street curve to discourage motorists from "cutting the corner" . Wheeler Road Upon motion duly made and seconded, it was voted to approve the recommendation of the TSAC to not install "Caution Children" signs on Wheeler Road as the warrants for caution children signs are not satisfied at that location. Common Carrier License - Edward M. Wall d/b/a U.S . Shuttle, Inc . Upon motion duly made and seconded, it was voted to issue a common carrier license to Edward M. Wall d/b/a U. S . Shuttle, Inc , Minutes of Meeting of January 23 , 1995 and March 6 , 1995 Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of January 23, 1995 and March 6 , 1995 . Executive Session Minutes of Meeting of January 23 , 1995 Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of January 23, 1995 . Use of Battle Green - The First Battist Church Upon motion duly made and seconded, it was voted to approve the request of the First Baptist Church to use the Battle Green for an Easter Sunrise Service on Sunday, April 16 , 1995 at 6 : 30 a.m. I I 3 60-170 Selectmen' s Meeting - March 13, 1995 Veterans ' Day Parade, November 11 , 1995 - Town Celebrations Committee Upon motion duly made and seconded, it was voted to approve the request of the Town Celebrations Committee for a major parade on Veterans ' Day, November 11, 1995 to celebrate the 50th Anniversary of the end of World War II . Budget Request - Full-Time Building Inspector Mr . White asked the Board to reconsider providing funds in the budget for a full-time Building Inspector . Upon motion duly made and seconded, it was voted to request funding for a full-time building inspector and to add $12, 000 to fund the position subject to the override. Town Meeting Mr . White reported that the Town Moderator after talking to the Town Meeting Members Association and finance committee has decided to delay consideration of all financial articles regardless of the funding source until April 10, 1995 . Mr . White also reported that the Town will be able to meet the $150, 000 obligation under Article 5 to fund the teachers ' retirement from Fiscal Year 1995 appropriations in three ways : by reducing the LEXPRESS budget by $30, 000; by reducing the Worker ' s Compensation funds under Line Item 2130 by $20, 000 and by transferring $100, 000 from the Health Insurance Budget . Mr . White further explained that in order to transfer the $100, 000 from the Health Insurance Budget it would be necessary to declare a holiday whereby employees would not have a health insurance deduction taken from their pay. Upon motion duly made and seconded, it was voted to approve the recommendations o f the Town Manager to meet the $150, 000 obligation of the Town under Article 5 of the 1995 Annual Town Meeting. Raytheon Corporation Denis Austin, Director of Community and State Legislative Affairs at Raytheon spoke to the Board of the efforts of Raytheon in seeking methods of obtaining tax relief to assist Raytheon to maintain its facilities in Massachusetts . 60-171 Selectmen' s Meeting - March 13, 1995 Hot Air Baloon Mr . White said he has a request from RF/MAX Premier Properties on Bedford Street to conduct a hot air balloon event on Patriot ' s Day . They would like to conduct the event at Hastings Park from 10 : 00 a.m. to 1 : 00 p.m. Mr . White indicated because of safety considerations and the size of the anticipated crowd he will be rejecting this request . North East Solid Waste Council Steve Rothstein, Executive Director of NESWC, reviewed the operations of NESWC. He reported that 3/4 of every dollar of operation goes to debt service. He indicated that the $89 . 00/ton tipping fee is expected to increase to $91 . 50 for FY96 . He further indicated that the tipping fees will double in the next ten years . Upon motion duly made and seconded, it was voted 5- 0 by roll call vote: Mr . Dailey, Mr . McSweeney, Mr . Bu s a, Mr . Fenn and Mrs . Eddison to go into executive session for discussion of matters of land acquisition, the disclosure of which might adversely affect the interests of the town, with no intent to resume open session. c i Upon motion duly made and seconded, it was voted to adjourn at 10 : 20 p.m. A true record, Attest : / Y rf P y l s . Smi Execitive Clerk 60-172 Selectmen' s Meeting March 20, 1995 A regular meeting of the Board of Selectmen was held on Monday, March 20, 1995 in the Selectmen' s Meeting Room, Town Office Building at 7 : 30 p.m. Chairman Dailey, Mr . McSweeney, Mr . Busa, Mr . Fenn, Mrs . Eddison; Mr . Cohen, Town Counsel; Mr . White, Town Manager ; and Ms . Smith, Executive Clerk, were present. Appoi 6a-173 Selectmen' s Meeting - March 20, 1995 CATV and Communications Advisory Committee Upon motion duly made and seconded, it was voted to appoint Stephen Ellis as a member of the CATV and Communications Advisory Committee for a term expiring September 30, 1996 . Tree Removal - 258 East Street Parks and Trees Superintendent Brian Gilbert reported that on Thursday, March 9, 1995 a public hearing was held at 258 East Street to hear objections, if any, to the removal of a 36" white oak adjacent to the street. Arguments expressed for the tree' s removal included: the tree narrows East Street and is dangerous to through traffic; the tree will obstruct the view of traffic existing the proposed subdivision; the tree' s root system will be significantly damaged by the installation of the curbing required for the development, reducing the tree' s health; and the tree has been hit several times and has sustained damage . Objections to the tree' s removal included: the tree slows traffic on East Street; the tree provides shade for houses in the immediate area and blocks glare from the street light into the home of Steve and Judy Sack; the tree adds to the aesthetic value and character of the town. Mr . Gilbert also reported development issues which include: epo on p the proposed road cannot be moved away from the tree and meet the town' s subdivision regulations; and the radius of the proposed roadway adjoining East Street must measure 25 feet . Mr . Gilbert recommended replacing the 36" oak with seven to eight trees paid for by the developer to be sited in different locations on East Street . The developer will also be responsible for removal of the oak. According to MGL Chapter 87 , due to objections the Selectmen must rule on the tree' s removal . Mr . Sack of 260 East Street said he wanted to make sure that the neighborhood is going to get something to take its place . He also asked the issue of speed be addressed by installing curbing and he asked for assurance that the glare from the street light which is blocked by the oak be addressed. Mr . Dolan, attorney for the Seeds at 258 East Street, said his client is more than willing to work with the Sacks, Public Works and Brian Gilbert on the siting of the trees. He said he will discuss the curbing with his client . The Public Works Department will look into putting a flange on the street light. Mr . Dailey asked Brian Gilbert to work with Mr . Dolan and Mrs . Seed and to make sure all three concerns of Mr . Sack are } addressed. } Upon motion duly made and seconded, it was voted to remove the tree and plant replacements as recommended by Brian Gilbert . 60-174 Selectmen' s Meeting - March 20, 1995 Article 30 of the 1995 Annual Town Meeting - Amend Historic District Marilyn and Michael Fenollosa presented their proposed warrant article to include the remainder of Parker Street and Jackson Court into the Historic District and asked for the Selectmen' s support of the Article. There was much discussion both for and - against the proposal by residents of Parker Street and Jackson Court . Board members McSweeney and Busa expressed concerns about setting a precedent and this happening all over Town. Mrs . Eddison urged fellow board members to support the article in view of the fact that both historic committees support the proposal . Mr . Fenn expressed concern about the significant minority that are not in favor of the article. Upon motion duly made and seconded, it was voted 4 -1, Mr . McSweeney, Mr . Fenn, Mr . Dailey and Mr . Busa not to support Article 30 of the 1995 Annual Town Meeting. Auctioneer ' s License - Newton Oriental Rugs Upon motion duly made and seconded, it was voted to approve the application of Mike Sokolowski and issue a one day auctioneer license to conduct an oriental rug auction for Newton Oriental Rugs at the Massachusetts National Guard Armory on March 25, 1995 . Consent Agenda Upon motion duly made and seconded, it was voted to approve the following commitments and abatements : a. Commitment of Water charges 1/31/95 (Final) $184 . 06 b. Commitment of Sewer charges 1/31/95 (Final) $251 .45 c . Commitment of Water charges 1/31/95 (Cycle 9) $82, 211 . 97 d. Commitment of Water charges 2/28/95 (Final) $769 . 60 e. Commitment of Sewer charges 2/28/95 (Final) $1, 292 . 08 f . Commitment of Water charges 2/28/95 (Cycle 9) $77 , 374 . 30 g. Abatement of Water charges 3/08/95 $42 . 38 h. Abatement of Sewer charges 3/08/95 $937 . 54 State Aid and Lottery Funds Mr . White reported that the lifting of the Lottery Fund cap and additional State Aid money is still up in the air . This is about $297 , 000 to Lexington, $115, 000 in State Aid and $181, 000 in [_ , lottery funds . 60-175 ,-- Selectmen' s Meeting - March 20, 1995 Article 19 of the 1995 Annual Town Meeting - Internet Subscr i-ot ion and Purchase of Eauit ment Caleb warner of the CATV and Communications Advisory Committee explained the intent of Article 19 of the 1995 Annual Town Meeting and answered questions of the Board Members . Budget Issues Mr . White proposed reducing line item 2330 Municipal Salary Adjustments by $28, 116 . Executive Session Upon motion duly made and seconded, it was voted 5- 0 by roll call vote: Mr . Dailey, Mr . McSweeney, Mr . Bu s a, Mr . Fenn and Mrs . Eddison to go into executive session for discussion of matters of land acquisition and collective bargaining, 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 1 ' 9 : 50 p.m. f , A true record, Attest : /2'-- - '' ,(-- e -c , -,7p--t,e---L Phyl is A. Smith Exe tiv/l(e Clerk 1 , 60-176 Selectmen' s Meeting March 27 , 1995 A regular meeting of the Board of Selectmen was held on Monday, March 27 , 1995 in the Selectmen' s Meeting Room, Town Office Building at 7 : 00 p.m. Chairman Dailey, Mr , McSweeney, Mr . Fenn, Mrs . Eddison; Mr . Cohen, Town Counsel; Mr . White, Town Manager ; and Ms . Smith, Executive Clerk, were present . Proclamation - Arbor Day Mr . Dailey read a proclamation and the Board proclaimed April 28, 1995 as Arbor Day in the Town of Lexington and urged all citizens to support efforts to protect our trees and woodlands and to support our town' s urban forestry program; and urged all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations . Tree City U. S .A. Award Brian Gilbert, Superintendent of Parks and Trees, announced that the Town had for the eighth year received the Tree City U. S .A. award. Board members thanked Brian for all his hard work in achieving this distinction for the Town and remembered fellow Board Member Jack Eddison who pioneered efforts in Lexington and all over the world in planting trees . Comptroller Reappointment Upon motion duly made and seconded, it was voted to reappoint John Ryan Comptroller for the Town for a term to expire April 30, 1998 . Use of Battle Green - Lexington Playcare Center Upon motion duly made and seconded, it was voted to approve the request of Lexington Playcare Center to use the Battle Green on Wednesday, April 26 , 1995 for a children' s concert and picnic lunch. Common Carrier License - Joseph' s Limousine Service, Inc. Upon motion duly made and seconded, it was voted to approve four common carrier licenses for Joseph' s Limousine Service, Inc . to provide transportation of Lexpress passengers along the routes as outlined by the Town for a minibus service. Cemetery Fees Warren Monsignor e, Superintendent of Cemeteries, asked the Board to approve a charge of $250 . 00 for weekend re aration for burialpp g preparation on Mondays and a charge of $150 . 00 for funerals arriving after 2 : 00 p.m. on weekdays . The added charge will pay for the overtime hours needed to prepare the grave. 60-177 Selectmen' s Meeting - March 27 , 1995 Upon motion duly made and seconded, it was voted to institute a charge of $150 . 00 for late afternoon burials and a charge of $250 . 00 for weekend preparation for burials on Monday. Elks - Flag Day Ceremony on June 14 Mr . Dailey indicated he had an invitation to all Board Members to attend the Elks Flag Day Ceremony on June 14 and urged all members who could to attend. Upon motion duly made and seconded, it was voted to adjourn at 7 :40 p.m. A true record, Attest : /14:,‘ Phylif s A. Smith Executive Clerk } 6O-178 Selectmen's Work Session March 31, 1995 A work session of the Board of Selectmen was held on Friday, March 31, 1995 in the Selectmen's Meeting Room at 5:30 p.m. Chairman Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn, Mrs. Eddison and Mr. White, Town Manager were present. The Selectmen convened a work session on Friday, March 31, 1995 at 5:30 p.m. to review override figures, overall budget and revenue numbers in order to prepare for a joint meeting with the School Committee and finance committees on Saturday, April 1. I 1 it I i _