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HomeMy WebLinkAbout1995-11-BOS-min 60-238 Selectmen's Meeting Minutes I November 13, 1995 '3 5 A regular meeting of the Board of Selectmen was held on Monday, November 13, 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. Employee 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 Telephone/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 sustaining and protecting fixtures on Woburn Street. Sunday Openings of Package Stores during Holiday 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 19, November 26, December 3, December 10, and December 17 until 11:00 p.m. and on December 24 and December 31 until 11:30 p.m. and subject to the conditions set forth by the Alcoholic Beverages Control Commission. 60-239 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 House, Lemon Grass, Peking Gardens, Roka, Yangtze River. Package Goods Stores: Berman's 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 $1,946,771 leaving an estimated gap of $2,394,229. Mr. White presented a preliminary list of tax levy capital items amounting to $981,000. He also reviewed budget areas where there would be a significant increase in the cost 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 amounting to $1,935,000. The School Committee made a motion to go into Executive Session and left the Selectmen's meeting at this point. 60-240 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 Jim 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 Home 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. 1995 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. 60-241 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, 1996. Committee Resignations and Appointments 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. Bussgang, John T. Cunha and Jane B. Gharibian 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. Buczkowski, Robert D. Warshawer and David Kanter to the Cable TV and Communications Advisory Committee for terms to expire in September, 1998. 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. 60-242 Selectmen's Meeting - November 13, 1995 Town Manager Appointments 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 Jennison to the Council on Aging for a three-year term. Executive Session Upon motion duly made and seconded, it was voted 5-0 Mr. Dailey, 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: t c."-- 7,471/ "711- 1"- I--- phyll /A. Smith Executive Clerk 60-243 f Selectmen's Meeting November 27, 1995 A regular meeting of the Board of Selectmen was held on Monday, November 27, 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/Flatley Company, 727 Marrett Road Mr. McSweeney opened a public hearing on the application of the Flatley 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 motion duly made and seconded, it was voted to approve the minutes of the meeting of November 13, 1995. 60-244 Selectmen's Meeting - November 27, 1995 Executive Session Minutes of Meeting of November 13. 1995 Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of November 13, 1995. Extension of Hours of Business and to Serve Alcohol on New Year's Day - Sheraton Tara Lexington Inn Upon motion duly made and seconded, it was voted to approve the request of Sheraton Tara Lexington Inn to remain 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 Day, subject to the Town Manager's granting such permission, 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, Bertucci's, The Lexington Club and the Lexington VFW. Interim Report of Lone Range Planning 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 filed 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. 8 60-245 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. White 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 Heads 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 preliminary assessment of denial. He explained that that 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, I would like to discuss with the Board litigation matters. I F 3 60-246 Selectmen's Meeting ® November 27, 1995 Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call vote at 10:00 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 minutes. 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 dr ` 401 Fhylli . Smith Execu ive Clerk