HomeMy WebLinkAbout1995-11-BOS-min60 -238
Selectmen`s Meeting Minutes
November 13, 1995
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A regular meeting of the Board of Selectmen was held on Monday, November 13, 1995 in
the Selectrnees_ 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 Cl erk, were
present.
EMploy � ee ._ Recognition Day
Upon motion duly made and seconded, it was voted to declare Wednesday, November 15,
1995 as Employee Recognition Day.
National Hospice Month
Upon motion duly made and seconded, it was voted to declare the month of November as
National Hospice Month.
New England Telmhone/Boston .Edison Grant of Location - Woburn Street
Mr. McSweeney opened a public hearing on the petition of New England Telephone and
Boston Edison for permission to move pole #42/24 on Woburn Street in a southerly direction,
a distance of 15±.
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 a grant of location to relocate poles, wires, cables and fixtures, including anchors, guys
and other such necessary sustaming and protecting fixtures on Woburn Street.
Sundgy Openings' of Package Stores during Holida Season
Mr. Busa excused himself from the meeting. Mr. McSweeney opened a public hearing on the
request of the local package stores to open at noon on Sundays from November 19, 1995
through December 31, 1995.
There being no questions, Mr. McSweeney declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the request of Berman's
Market, Inc., Busa Brothers Liquors, Inc., Lexington Liquor Mart, Inc. and vinebrook Bottle
Shop to open at noon on Sundays, November 14, November 26, December 3 D ecember 10
and December 17 until 11:00 .m. and on December 24 and December 31 until 11:30 .m.
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and subject to the conditions set forth by the Alcoholic Beverages Control Commission. : _
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Selectmen's Meeting -- November 13, 1995
Renewal of All Alcoholic Beverage Licenses
Upon motion duly made and seconded, it was voted to approve the renewal of All Alcoholic
Beverage Licenses for the year 1996 for the following:
Restaurants; Athenian, Bel Canto, The Hartwell Mouse, Lennon Crass, Peking Gardens, Roka,
Yangtze River,
Package Goods Stores: BermaWs Market, Inc., Busa Brothers Liquors, Inc., Lexington Liquor
Mart, Inc., Vinebrook Bottle Shop.
Innholder Liquor License: Tara Lexington/Sheraton Inn
Clubs: Lexington Golf Club, Lexington Lodge of Elks, Lexington Knights of Columbus.
Consent ; Agenda -
Mr. Busa rejoined the meeting. Upon motion duly made and seconded, It was voted to
approve the following:
a. Commitment of water charges for 11/3/95 (Cycle 9) $106,681.96
b. Commitment of water charges for Cycle 1 town -wide billing 11/13/95 $550,769.74
C. Commitment of sewer charges for Cycle 1 town -wide billing 11/13 /95 $925,322.36
d. Conservation Restriction - 9A Paddock Lane
Joint Meeting with ,School Committee
The Town Manager presented his preliminary estimates of the FY97 incremental tax levy
budget increases amounting to $4,341,000, total estimated revenue increase of $1,946,'71
leaving an estimated gap of $2,394,229.
Mr. white presented a preln* Al nary list of tax levy capital 'terns amounting to $981,000.
He also reviewed budget areas where there would be a significant increase in the cast such as
police cruisers {up 30%)- ,, NESWC's $350,000 figure could be higher because of a number of
factors.
Jeff Young reviewed a very preliminary estimate of the School Department operational budget
increase amounting to $2,600,,000 and an estimated capital budget amountin to $1,935,000.
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The School Committee made a motion to go into Executive Session and left the Selectmen's
meeting at this point.
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Selectmen's Meeting - November 13, 1995
Numbering on Emerson Gardens Road
Mr. McSweeney thanked Mr. Ippolito for calling a meeting of his neighbors and . others
affected in the street numbering on Emerson Gardens and Emerson Gardens Road to try to
resolve their varying concerns.
Present at this meeting and addressing their concerns were Mr. Ippolito, representatives from
the Emerson Gardens Trustees, Police Chief Chris Casey, Captain Jinn Kilmartin, Lt. Mark
Corr and Town Engineer Frank Fields. The Selectmen, understanding the varying concerns of
all, indicated their main objective was to choose the option that provides for the lease amount
of error in responding to emergency services calls. The Selectmen also offered the services
of the Town to assist in notification of address changes.
Upon motion duly made and seconded, it was voted to change the numbers on the northeast
side of Emerson Gardens Road and the East village Nursing Horne from a One Hundred
series to an Eight Hundred series. _
Human Services Committee and Children's Behavioral Health Center. Inc.
Representatives from the Human Services Committee and the Children's Behavioral Health
Center, Inc. were present and reviewed the first two months of operation under the new
contract for the services for youth. Board members thanked all concerned over the smooth
transition and cooperation of all concerned and acknowledged that the youth of Lexington are
being well served.
Minutes of Meetings of October 16 and October 30 1 995
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
October 16 and October 30, 1995.
Executive Session Minutes of October 30 1995
Upon motion duly made and seconded, it was voted to approve the executive session minutes
of the meeting of October 30, 1995.
Closing of warrant for 1996 Annual Town Meeting.
Upon motion duly made and seconded, it was voted to close the warrant for the 1996 Annual
Town. Meeting on Thursday, December 28, 1995 at 4:30 p.m.
Selectmen's Meeting - November 13, 1995
Date of First Business Session of Town Meeting
Upon motion duly made and seconded, it was voted to set the first business session of Town
Meeting for Monday, April 8, 19 }6.
Committee Resignations and Appgintments
Cable TV and Communications Advisory Committee
Upon motion duly made and seconded, it was voted to accept with regret the resignation of
Caleb warner from the Cable TV and Communications Advisory Committee.
Upon motion duly made and seconded, it was voted to accept with regret the resignation of
Bill Spencer from the Cable TV and Communications Advisory Committee effective
December 1, 1995.
Upon motion duly made and seconded, it was voted to increase the number of members of
the Cable TV and Communications Advisory Committee to 13 members.
Upon motion duly made and seconded, it was voted to reappoint Julian J. Bussgan.g, John T.
Cunha and Jane B. Charibian to the Cable TV and Communications Advisory Committee for
a term expiring in September, 1998,
Upon motion duly made and seconded, it was voted to appoint David J. Buezkowski, Robert
D. warshawer and David Kanter to the Cable TV and Communications Advisory Committee
for terms to expire in September, 1398.
Upon motion duly made and seconded, it was voted to appoint David Becker an interim
member of the Cable TV and Communications Advisory Committee effective December 1,
1995.
Design Advisory Committee
Upon motion duly made and seconded, it was voted to reappoint Robert Ossman as an
Associate Member of the Design. Advisory Committee.
Waste Management Committee
Upon motion duly made and seconded, it was voted to dissolve the waste Management
Committee noting that the Committee had fulfilled all of its obligations under the charge to
the committee.
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Selectmen's Meetin g - November 13, 1995
Town Manager AppQ r tments
Upon motion duly made and seconded, it was voted to approve the Town Manager's -
appointment of Steven Cole and Beverly Kelley to the Youth Commission for a three -year
term and the appointment of Margaret Jermison to the Council on Aging for a three -year terra.
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 Mr. Bailey, Mr. McSweeney, Mr.
Busa., Mr. Fenn and Mrs. Eddison to go into executive session for the purpose of litigation
with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:50 P.M.
A true record, attest._
Phyllis A. Smith
Executive Clerk
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Selectmen's Meeting
November 27, 1995
A regular meeting of the Board of Selectmen was held on Monday, November . Z7, 1995 in
the Selectmen`s Meeting Room, Town office Building at 7:30 p.m. Chairman McSweeney,
Mr. Dailey, Mr. Busa, Mr. Fenn; Mr. Cohen, Town Counsel; Mr. white, Town Manager; Mrs.
McLaughlin, Acting Assistant Town Manager; and Ms. Smith, Executive Clerk, were present.
License for the Above - Ground Storage of Flammables /Flatlet' Company, 727 Marrett Road
Mr. McSweeney opened' a public hearing on the application of the Flatlet' Company, d.b.a.
Lexington Sheraton Tara, 727 Marrett Road for permission and license for the above- ground
storage of one 14,000 gallon propane gas tank to be situated to such extent as shown on a
plot plan which is on file in the Selectmen`s office.
Mr. McSweeney explained that he had spoken to the Building Commissioner and it will be
necessary for the Flatley Company to obtain a building permit for the installation.
There being no questions, Mr. McSweeney declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the application and issue a
license to the Flatley Company, d.b.a. Lexington Sheraton Tara, 727 Marrett Road, for the
above- ground storage of one 14,000 gallon propane gas tank as shown on a plot plan which is
on file in the Selectmen's office.
Classification of Residential Property
Mr. McSweeney opened a public hearing on the classification of residential property. He
explained that the Assessors office will not have final figures until the next meeting of the
Board on December 4; however, Janet vacon, the Town Assessor, was present to answer any
questions of the Board and the audience.
Mr. Dailey mentioned that Board Members in the past had expressed an interest in looking
toward lightening the load that is being put on commercial properties.
There being no questions, Mr. McSweeney asked that the hearing be adjourned to Monday,
December 4, 1995 at 7:30 p.m.
Minutes of Meeting of November 13 1995
Upon notion duly made and seconded, it was voted to approve the minutes of the meeting -of
November 13, 1995.
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Selectmen's Meeting m November 27,
7 1995
Executive Session Minutes of Meeting of November 13, 19
Upon motion duly made and seconded, it was voted to approve the exec session minutes
of the meeting of November 13, 1 995.
Extension of Hours of Business and to Serve Alcohol on New Year's Day Sheraton Tara
Lexm" ton Inn
Upon motion duly made and seconded, it was voted to approve the request of Sheraton Tara
Lexington n to remain
In open and serve alcohol on New Year's Day until 1:00 a.m. and to
approve in concept any further requests to remain open and serve alcohol until 1 :00 a.m.. on
New Year's Bay, subject to the Town Manager's granting such perrr*ssion, if he and the
Police Chief agree it is appropriate.
All Alcholic Beverage License Renewals
Upon motion duly made and seconded, with Mr. Busa abstaining, it was voted to approve and
issue all alcoholic beverage license renewals - for 1996 to vinny Testa's, Bertuccl's, The
Lexington ton Club and the Lexing VFW.
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Interim Report, of L "n Range Pl annin g Committee
Paul Hamburger presented an interim report of the Long Range Planning Committee and
indicated he hoped to have a final report to the Board of Selectmen in March. He asked the
Board's input on how they would measure affordability, hopefully by the end of -January. He
felt this was the most difficult of the four measures to make.
Mr. Fenn and Mr. McSweeney acknowledged the hard work of the Committee on what has
been termed an extremely difficult task.
Street Acceptance for Fiscal Year 1997
Mr. white reported that no petitions had been riled for street acceptance for Fiscal Year 1997.
Reserve Fund Transfer
Mr. white reported that he had a request from the Retirement Board for funding from the
Reserve Fund to account 2110 Contributory Retirement Expenses in the amount of $5,050.02
which represents credit for military service of a former employee of the Town from January
1975 to March 1981,
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Selectmen's Meeting - November 27, 1995
Upon motion duly made and seconded, it was voted to approve a request from the Reserve
Fund to Account 2110 Contributory retirement Expenses in the amount of $5,050.02.
Budget Reviews
Mr. Mite asked the Board to ignore the personal services numbers on the service level
programs they had received over the weekend as the numbers were incorrect and needed to be
revised.
Department Meads Carol Mahoney, John Ryan and Chris Casey presented their preliminary
service level budgets and requested supplemental budgets.
Cable TV and Communications Advisory Committee /Cable License Negotiating Team
Mr. McSweeney reported that the Cable TV and Communications Advisory Committee has
unanimously voted that the Cable License Negotiating Team come before the Board of
Selectmen to recommend procedures to be followed regarding the Tv cable license renewal
process.
Mr. McSweeney asked Mr. Epstein, as counsel to the Town on these matters, if he would
explain to the Board what he wishes to discuss this evening.
Mr. Epstein explained that the Committee had met and took a vote on two separate matters.
The first recommendation was that the Board of Selectmen not extend the current deadline of
December 29, 1995 for renewal negotiations. He explained that the Town is now in the
formal cable process and that process calls for a four month period. That four month period
was extended back in September from. October 15 to December 29. The Cable Committee at
this point is recommending that the Board not extend that deadline further.
The second recommendation of the Committee was that the Advisory Committee meet with
you to discuss the possible future ramifications of the Board of Selectmen not extending this
negotiating period and a possible prelirn.nary assessment of denial. He explained that that
is scenario is pursuant to Section 626 of the Cable Communications Policy Act of 1984 and
those procedures guide municipalities on what occurs should you issue a so- called preliminary
assessment of denial and what happens henceforth. Consequently, 1 would like to discuss
with the Board litigation matters.
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Selectmen's Meeting ® November 27, 1995
Executive Session
Upon motion duly made and seconded, it was voted 4-0-by roll call vote at lo:oo p.m.: Mr.
McSweeney, Mr. Dailey, Mr. Busa and Mr. Fenn 'to go into executive session for the purpose
of discussion of litigation matters and to return to open session in approximately fifteen
min utes.
David Green of Cablevision asked that he be put on record as objecting to moving to
Executive Session,
The Board returned from Executive Session and Mr. McSweeney explained that due to the
information the Board had received, the Board expects that the formal negotiation process
will be wrapped up by the 29th of -December, 1995. The Board expects resolution by
December 29 and has asked for a progress report by the Chairman of the Negotiating
Committee at the Selectmen's Meeting on December 18.
Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m.
A true record, Attest:
r
Fhylli . Smith
Execu ive Clerk