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HomeMy WebLinkAbout1995-10-BOS-min 60-224 Selectmen's Meeting October 2, 1995 A regular meeting of the Board of Selectmen was held on Monday, October 2, 1405 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr. Dailey, Mr. Busa, Mr. Fenn, Mrs. Eddison; Mr. Cohen, Town Counsel; Mrs. Novak, Assistant Town Manager; and Ms. Smith, Executive Clerk, were present. Proclamation - United Nations Day Upon motion duly made and seconded, it was voted to proclaim October 24, 1995 United Nations Day. Theatre License Renewals Upon motion duly made and seconded, it was voted to approve the application of Marble Rock Cinema Corp. dib/a Theatre I and Theatre II and issue theatre licenses to expire September 1, 1996. New England Telephone Grant of Location - Nickerson Road 1 Mr. McSweeney opened a hearing on the petition of New England Telephone for permission to install conduit in which new cables will be placed to replace older, buried cables providing service to customers on Nickerson Road. There being no questions, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and order for grant of location to lay and maintain underground conduits and manholes, with the necessary wires and cables therein under Nickerson Road. Boston Gas Company Grant of Location - York Street Mr. McSweeney opened a public hearing on the petition of Boston Gas Company for permission to install 100 ft.± of 6" P.E. gas main in Woodland Road to the intersection of York Street and 6 ft.± of 6" P.E. gas main in intersection of York Street. There being no questions, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and order for grant of location for 6" gas main in Woodland Road and York Street to provide gas service to the resident of 46 York Street. 60-225 Selectmen's Meeting - October 2, 1995 Sewer Charge in Lieu of Betterment - Carlson, 45 Ridge Road Upon motion duly made and seconded, it was voted to approve a sewer charge in lieu of betterment to George A. and Angela P. Carlson, 45 Ridge Road in the amount of $2,497.88. Street Sweeping Operation David Turocy was present to request that the Board consider diverting some of the monies appropriated to provide two part-time employees at the Sanitary Landfill for preparing compost for resale. At this time only one employee is necessary until the operation is in full swing. Mr. Turocy explained that diverting the money would allow for the Town to alleviate some of the complaints received about the street sweeping program. The contractor would still provide the street sweeping and approval of this diversion of funds from personal services to expenses would allow for the town to do the emergency type sweeping which occurs to remove broken glass from the streets and to provide for a second pass where accumulated sand has been missed. Mr. Turocy was also requesting the Board to consider increasing the fee for private contractors to deposit yard waste at the landfill from $250.00 to $500.00/yr. Mr. Turocy was asked to come back with more definitive figures on his proposal at the next meeting of the Board on October 16. Met State Legislation - Senator Hicks Leo McSweeney reviewed the four year process of the Met State Task Force and asked Senator Hicks to update the Board on the status of the Met State Legislation. Selectmen Appointments Upon motion duly made and seconded, it was voted to make the following reappointments and appointments: Board of Appeals Term Robert V. Whitman 9/95 - 9/00 Board of Appeals Associates Nyles N. Barnert 9/95 - 9/96 Joseph A. Campbell 9/95 - 9/96 Natalie Riffin 9/95 - 9/96 Arthur C. Smith 9195 - 9/96 Judith Uhrig 9/95 - 9/96 Carolyn C. Wilson 9/95 - 9/96 60-226 Selectmen's Meeting - October 2, 1995 Condo Conversion Board Thomas Gouzoule 9/95 - 9/98 Mike O'Sullivan 9/95 - 9/98 Design Advisory Committee Karen Bechtel 9/95 - 9/96 Thomas Coffman 9/95 - 9/96 John Frey, Chairman 9/95 - 9/96 Steven Hurley 9/95 - 9/96 Barbara Hulsizer 9/95 - 9/96 Carl C. Oldenberg 9/95 - 9/96 John Vinton 9/95 - 9/96 Elizabeth Whitman 9/95 - 9/96 DAC Associates Bruce Creager 9/95 - 9/96 Richard Friedson 9/95 - 9/96 Walter Pierce 9/95 - 9/96 t Fair Housing and Human Relations Committee Donnalee Farris 9/95 - 9/97 Mary Haskell 9/95 - 9/97 Leona Martin 9/95 - 9/97 Ralph D. Clifford 9/95 - 9/97 Susan R. Cusack 9/95 - 9/97 Fence Viewers Martin A. Gilman 9/95 - 9/96 William H. Sullivan 9/95 - 9/96 Gammel Legacy Trust Lois V. Jenkins 9/95 - 9/96 Jacquelyn H. Ward Human Services Committee Eva S. Glick 9/95 - 9/97 Jolley Anne Weinstock 9/95 - 9/97 Lex. Bicycle Adv. Com. Harvey Bingham 9/95 - 9/97 John Frey 9/95 - 9/97 Jerrold H. Van Hook 9/95 - 9/97 60-227 Selectmen's Meeting - October 2, 1995 1 Lexington Center Committee Steven Hurley 9/95 - 9/98 Judith Uhrig 9/95 - 9/98 F. David Wells 9/95 - 9/98 Janet Tiampo 9/95 - 9/98 Bob Burbidge 9/95 - 9/98 Lex. Council for the Arts Joyce C. Fearnside 9/95 - 9/98 Judi Ozuransky 9/95 - 9/98 Samuel L. Powers 9/95 - 9/98 James W. Courtemanche 9/95 9/98 Lynn S. Feldman 9/95 - 9/98 Personnel Advisory Board Janet M. Perry 9/95 - 9/98 Police Manual Policy Committee Edith E. Flynn 9/95 - 9/96 Chief Chris Casey 9/95 - 9/96 William C. Hays 9/95 - 9/96 Gerald L. McLeod 9/95 - 9/96 Town Celebrations Subcommittee Suzanne E. Barry 9/95 - 6/96 Edward Joseph Haugh, Jr. 9/95 - 6/96 Jim Cataldo 9/95 - 6/96 Town Report Committee John Ayvazian 9/95 - 9/96 Ray Barnes 9/95 - 9/96 Stanley Casazza 9/95 - 9/96 Robert Morrison 9/95 - 9/96 William Simmons 9/95 - 9/96 Zelda Soleal 9/95 - 9/96 Traffic Safety Advisory Committee Peter M. Chalpin 9/95 - 9/96 Myla Kabat-Zinn 9/95 - 9/96 Captain James Kilmartin 9/95 - 9/96 Ronald E. Marble 9/95 - 9/96 William F. Mix 9/95 - 9/96 - Roy J. Murphy 9/95 - 9/96 William P. Fitzgerald 9/95 - 9/96 60-228 Selectmen's Meeting - October 2, 1995 Transportation Advisory Coin. Sally Castleman 9/95 - 9/98 William F. Mix 9/95 - 9/98 Town Celebrations Committee Marion Snow Honorary William Fitzgerald Honorary Volunteer Recognition Day Mrs. Eddison reported on the planned volunteer recognition program scheduled for Saturday, October 14. The data base now has the names of 2100 people who have volunteered their time in some way or other for the betterment of Lexington. These 2100 people represent 1800 households and there are even 183 volunteers who don't live in Lexington. Board of Health Membership Mr. White asked the Board to approve his recommendation to increase the membership of the Board of Health from three to five members. Upon motion duly made and seconded, it was voted to increase the membership of the Board of Health to five members. Appointments to Board of Health Mr. White asked the Board to approve his recommendations for appointment to the Board of Health. Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Dr. Jim Beck, 17 Patriots Drive, Dr. Paul DiMattia, 8 Hadley Road and Dennis Sterzen, 45 Ledgelawn Avenue to the Board of Health. Appointment of Eugene Isotti to Council on Aging Upon motion duly made and seconded, it was voted to approve the Town Manager's appointment of Eugene Isotti of 3 White Terrace to the Council on Aging. Representative to Cable Television Commission Hearings Upon motion duly made and seconded, it was voted to authorize David Kanter to appear and speakIssuingAuthority on behalf of the License at the Massachusetts Cable Commission Hearings on October 5 and October 25, 1995. 60-229 Selectmen's Meeting - October 2, 1995 Executive Session Upon motion duly made and seconded, it was voted by roll call vote: Mr. McSweeney, Mr. Dailey, Mr. Busa, Mr. Fenn and Mrs. Eddison to go into executive session for the matter 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 9:00 p.m. A true record, Attest: - - -- -- Phyl A. Smith Executive Clerk 60-230 Selectmen's Meeting F October 16, 1995 A regular meeting of the Board of Selectmen was held on Monday, October 16, 1995 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr. Dailey, Mr. Busa, Mr. Fenn, Mrs. Eddison; Mr. Cohen, Town Counsel; Mr. White, Town Manager; Mrs. Novak, Assistant Town Manager; and Ms. Smith, Executive Clerk, were present. Boston Gas Grant of Location - Brent Road Mr. McSweeney opened a public hearing on the petition of Boston Gas Company to install approximately 80 feet, more or less, of 4" gas main in Brent Road from the existing main at 9 Brent Road to 7 Brent Road. There being no questions, Mr. McSweeney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and order for grant of location for 4" gas main in Brent Road to provide gas service to the resident at 7 Brent Road. Consent Agenda Upon motion duly made and seconded, it was voted to approve the following: a. Commitment of water charges for 10/4/95 (Cycle 9) $123,984.08 b. Adjustment to water charges for 7/10/95 $6,373.70 c. Adjustment to sewer charges for 7/10/95 $9,320.14 d. Assistant Tax Collector Treasurer Bond $50,000.00 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of August 28, 1995 and September 11, 1995. Exe cu tiv'e Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of August 28, 1995. Auctioneer's License - Newton Oriental Rugs Upon motion duly made and seconded, it was voted to approve the application of Newton Oriental Rugs and issue an auctioneer's license for an auction to be held at the National Guard Armory on November 12, 1995. 60-231 Selectmen's Meeting - October 16, 1995 Establish Fund for Lexington Upon motion duly made and seconded, it was voted to establish a "Fund for Lexington" devoted to three purposes: Beautification, Human Services (primarily to include relief for those who are financially threatened by property tax payments, or who face other financial problems) and Community Betterment, an all-purpose account. Route 2A Project Mr. McSweeney reported that agreement had been reached in mediation for the Route 2A construction project. Dick Cook reviewed the revised project which will preserve an extensive area of wetlands and make additional environmental improvements during the widening of a section of route 2A. He also reviewed the estimated timetable for completion of the project. Upon motion duly made and seconded, it was voted to accept the Mediation Alternative signed on October 12, 1995 and to give direction to Dick Cook of BSC to proceed as soon as possible. Muzzev Access to Bike Path Notification had been sent to abutters and condominium unit owners of Muzzey that the Selectmen would determine whether putting up a fence and closing off access to the bike path is a minor modification of the plans and Special Permit for the Muzzey Condominiums. Marcia Talbot spoke for the Muzzey Trustees who indicated they had distributed a petition asking those unit owners who were in favor of keeping the path closed to sign - the petition. She indicated they had a favorable response of 68% or 48 of 70 unit owners they were able to reach. She also indicated ten of the 70 would have signed a petition saying they did not want the path closed. David Williams, a Town Meeting Member, who was the neighborhood representative when the Muzzey School conversion was approved reviewed the terms that the neighborhood were interested in at that time. He indicated there were two requests of the neighborhood. One was that the playground was to remain for use by the neighborhood and the other was that the path down to the railroad tracks be maintained. There was much discussion and alternate suggestions to providing access to the bike path er would meet with David from the neighborhood. It was decided that the Town Manager g Williams representing the neighborhood, Bob Sawyer, Chairman of the Lexington Bicycle Advisory Committee, Marcia Talbot of the Muzzey Trustees and the Public Works Director to identify viable alternatives and the cost of providing these alternatives. 60-232 Selectmen's Meeting - October 16, 1995 Upon motion duly made and seconded, it was voted to keep the pathway closed pending an alternative solution from the Town Manager. Street Sweeping The Town Manager and Superintendent of Highways explained the plans to use $27,000 from the DPW personal services appropriated to provide for composting work at the landfill to the DPW expense budget to provide for additional street sweeping. Upon motion duly made and seconded, it was voted to allow the Public Works Department to overexpend the expense budget by approximately $27,000 with the anticipation of a transfer from the Personal Services Budget at the 1996 Annual Town Meeting. Water and Sewer Rates for Fiscal 1996 Mr. Hadley presented his proposed water and sewer rates for fiscal year 1996 and explained that a hearing would be held at the Board of Selectmen's Meeting on October 30, 1995 when the Board will vote a water and sewer rate for Fiscal Year 1996. Mr. Hadley's proposal would raise the average residential yearly water/sewer bill by $47.32 or 9%. Mr. Dailey asked Mr. Hadley to come back with a scenario showing what would happen if we backed out the in-lieu of tax payment and the debt expenses if Town Meeting were to decide to go in the direction of these expenses being put on the tax rate. Mr. Hadley also reviewed the results of the vote to allow meters for outside sprinklers. Pending Legislation for Public Safety Capital Equipment Purchase Mr. White explained the proposed legislation which would provide for the purchase of public safety equipment. He asked the Board to support the legislation and requested that the Chairman sign a letter prepared by staff to Lexington's three state legislators supporting the legislation. Upon motion duly made and seconded, it was voted to send a letter under the Chairman's signature to the state legislators to support pending legislation for the purchase of public safety capital equipment. Met State Land Reuse Update Mr. McSweeney reported on the progress of the legislation concerning the Met State Land Reuse. 60-233 Selectmen's Meeting - October 16, 1995 Reenactment of the Retreat - Saturday. April 13. 1996 Upon motion duly made and seconded, it was voted to approve the request from the Lexington Mimute Men, Inc. for a reenactment of the British retreat on Saturday, April 13, 1996 from 12:30 p.m. to 2:00 ii.m• Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mr. McSweeney, Mr. Dailey, Mr. Busa, Mr. Fenn and Mrs. Eddison to go into executive session for the matters of labor relations and 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 ad's rn at 9:55 p.m. A true record, Attest: ' di" . Smith y � Executive Clerk 5 60-234 Selectmen's Meeting October 30, 1995 A regular meeting of the Board of Selectmen was held on Monday, October 30, 1995 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr. Busa, Mr. Fenn; Mr. White, Town Manager; Ms. Novak, Assistant Town Manager and Ms. Smith, Executive Clerk were present. Fire Department Appointments Chief John Quinlan of the Lexington Fire Department presented newly appointed officers of the Fire Department. Board members congratulated Assistant Fire Chief Sullivan, Captains Torode and Raithel and Lieutenants Duddy and Tremblay. Renumbering of Lots on Emerson Gardens Road Mr. McSweeney read a letter sent to eight addresses on Emerson Gardens Road proposing to change the first digit of the street addresses from a one to an eight, with the remaining digits staying the same. He explained that the purpose of this change was as the request of the Emergency Services Department to avoid confusion in response to a 911 call from Emerson Gardens and Emerson Gardens Road. _ Resident Ippolito at 143 Emerson Gardens Road and Lee at 149 Emerson Gardens Road, although in favor of clearing up any confusion were in opposition to the numbers of their addresses being changed. Mr. Busa asked the residents proposed to be affected to come back to the Board at its meeting on November 13 with an alternate solution because at that meeting the Board will be taking a vote to resolve the problem. Water and Sewer Rates Mr. McSweeney opened a hearing on the proposed water and sewer rates for Fiscal Year 1996. There being no questions, Mr. McSweeney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the proposed water and sewer rate increases with the average bill going from $503.85 to $551.17 or an increase of 9% in the rates. Upon motion duly made and seconded, it was voted to approve an increase in the water and sewer rates for Hanscom Air Force Base by 10%, the VA Hospital by 10% and the Town of Bedford by 5%. 60-235 Selectmen's Meeting - October 30, 1995 Library Construction Library Director Carol Mahoney was present to review plans to submit a grant proposal for the construction and possible expansion of the Cary Memorial Library. The grant proposal is scheduled to be submitted by April 1996. Assessor's Office Tax Rate Setting Schedule Assessor Janet Vacon reviewed the Assessor's Office recertification process and tentative schedule for finalizing assessments, classification hearing and tax rate setting with the Board. Janet requested that the Board schedule a classification hearing for its meeting on November 27. Bertucci's - Change of Manager Upon motion duly made and seconded, it was voted to approve an amended All Alcoholic Common Victualler License to Bertucci's with a change in manager from Christopher Harrington to Paul Casey. Common Victualler License - B Street Bagels Upon motion duly made and seconded, it was voted to issue a common victualler license to B Street Bagels, 166 Bedford Street on Monday through Friday from 6:30 a.m. to 5:00 p.m. and on Saturday and Sunday from 7:00 a.m. to 3:00 p.m. as granted by the Board of Appeals. Common Carrier License - U.S. Shuttle. Inc. Upon motion duly made and seconded, it was voted to issue a common carrier license to U.S. Shuttle, Inc. to operate on Route 2; Interstate 95; Waltham Street; Mass. Avenue and Route 2A between Wood Street and Lexington-Lincoln Town line; Old Mass. Avenue; Wood Street; Hartwell Avenue; and Bedford Street; all within the Town of Lexington. Use of Battle Green for Interfaith Thanksgiving Service Upon motion duly made and seconded, it was vote to approve the request of the Lexington Clergy Association to conduct an Interfaith Thanksgiving Service on the Battle Green on Sunday, November 19, 1995 at 12:15 p.m. 60-236 Selectmen's Meeting - October 30, 1995 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of October 2, 1995. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the Executive Session Minutes of the meetings of October 2, 1995 and October 16, 1995. Future Meeting Dates Upon motion duly made and seconded, it was voted to schedule meetings for December 4, 1995 and December 18, 1995. Selectmen's Gift Account - Veterans' Day Celebration Upon motion duly made and seconded, it was voted to establish a Selectmen's Gift Account for the purpose of receiving and disbursing of funds for the November 11, 1995 Veterans' Day Celebration. Reserve Fund Update Mr. White updated the Board on future needs from the Reserve Fund for Fire Department equipment repairs and building repairs necessary to alleviate an air quality and basement water problem at the main fire station. Community Policing Grant Mr. White annonced the receipt of a $20,000 community policing grant that would assist in providing some training needs of police officers and for a citizens academy in the Spring. Executive Session Upon motion duly made and seconded, it was voted 3-0 by roll call vote: Mr. McSweeney, Mr. Busa and Mr. Fenn to go into executive session for matters of land acquisition, the disclosure of which might adversely affect the interests of the Town, with no intent to resume open session. 3 60-237 Selectmen's Meeting - October 30, 1995 Upon motion duly made and seconded, it was voted to adjourn at 9:10 p.m. A true record, Attest: - / hy11isr: . Smith 4111 Executive Clerk k