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HomeMy WebLinkAbout1996-09-BOS-minfo -345 Selectmen's Meeting Minutes September 9, 1996 A regular meeting of the Board of Selectmen was held on Monday, September 9, 1996 in the Selectmen's Meeting Room, Town office Building at 7:00 p.m. Chairnnan McSweeney, Mr.. Dailey, Mr. Busa, Mr. Fenn, Mrs. Bddison; Mr. Cohen, Town Counsel; Mr. white, Town Manager; and Ms. Smith, Executive Clerk, were present. Visit by Politicians from France Chairman McSweeney and Board Members greeted politicians from local assemblies of the French Territory who are the strong level between the municipalities and the national State. The visit had been arranged through the French Embassy in Boston and the politicians were accompanied by many local dignataries including the Consul General Maurice Portiche. The Conseillors were in Lexington to learn about the election process and government of a small Town in the United States. Board Members and the Town Manager explained Lexington's Selectmen/Town Manager form of Government and the role and election process of the Town Meeting Members who are the legislative body of the Town. They also explained that Town Meetings are unique to New England towns and unlike any other part of the country. Conseiller General Guy Lardeyret of Sarthe, Mayor of Greet -sur -Roc acted as spokesman and translator for the group. Route 2A/Marrett .Road Update Dick Cooke, Consultant for B SC on the Route 2AlMarrett Road Project, reviewed the latest design plans developed as a result of the Mediation Dispute. Comments were solicited from all dispute resolution participants. John Frey, on behalf of the Design Advisory Committee, made several recommendations on the landscaping issues agreed upon in dispute resolution. It was agreed that Mr. Frey's comments be made known to the Department of Bnvironxriental Protection to meet the time deadline given. Public Comments Mr. Steven Tripi asked the following questions: The recent meeting at which the upcoming overrides and Selectman goals were discussed at I believe the Sheraton, Can you tell me when this was posted for the general public and were they invited for the entire session? What was the approximate cost of this meeting to the Lexington taxpayers? Why wasn't the meeting held in town facilities at no cost to the taxpayer? • what is the dollar amount estimate of the next override going to be? What is the dollar amount of the debt exclusion going to be? Why is this going to be held in March before Town Meeting convenes? Does the present overrides or debt exclusion include the schools? 0 60 -346 Selectmen's meeting - September 9, 1996 Is the final increased enrollment in place. That is, is there a firm number of ins and outs of the system for this school year yet`. Mr. Tripi was advised that the Chairman would review the questions and prepare a written response to them. Mr. Tripi was also invited to the joint meeting of the Board, School Committee and finance committees on Saturday, October 19 which will be the kickoff meeting for the FY98 budget. Upon motion duly made and seconded, it was voted to approve the minutes of the' meetings of August 12, 1996 and August 26, 1996 and the Goal Setting Meeting of August 22, 1996. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the Executive Session minutes of the meetings of August 12, 1996 and the Goal Setting Meeting of August 22, 1996. One-Day Auctioneer's License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day auctioneer's license to Newton oriental Rugs for Sunday, November 10, 1996 at the National Guard Armory on Bedford Street. One-Day Liquor License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day liquor license to the Knights of Columbus for an outdoor barbecue on Sunday, September 15, 1996 from 12:00 noon to 7:00 p.m. at 177 Bedford Street. Appointments Mr. McSweeney indicated the Board hoped to be making appointments to various committees on September 30. He also asked Board members to review draft charges to three new Ad-Hoc committees and come back to their Executive Clerk with suggested names of members. Mr. McSweeney indicated he had received a call from Dick Canale, Chair of the Planning Board asking that the Planning Board have representation on the Ad -Hoc Committee on the proposed development of the Middlesex County Hospital property. Mr. Canale also asked that he be notified when the charge to the Ad -Hoc Committee on Middlesex Hospital is discussed. Mr. Fenn indicated he would like to see an additional Ad -Hoc Committee on revenue enhancements. 60 -347 Selectmen's Meeting - September 9, 1996 Prnc amatinn Upon motion duly - made and seconded, it was voted to sign a Proclamation declaring Saturday, September 28, 1996 as Inner wheel USA Rally Day in Lexington. Chairman McSweeney execused himself from the meeting and Mr. Dailey took over as Chairman. NYNEX Grant of Location - Nickerson Road and Carmel Circle 1V1.r. Dailey opened a hearing on the petition of New England Telephone and Telegraph Company for a grant of location for conduit to be installed under the surface of Nickerson Road for the purpose of improving service to the area. Mrs. Eddison asked whether the conduit would indeed be underground. She was assured that is the case and the elbows that come up from the ground will be removed. Ms. Charlotte Tung of 18 Nickerson Road inquired about a bush near Carmel Circle. She was assured that the bush would be moved. There being no further questions, Mr. Dailey declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition of the New England Telephone and Telegraph Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Nickerson Road starting at pole ##57/75, place conduit in a southerly direction, then turning westerly, then turning southerly again, a total distance of 1.756 feet (L); and Carmel Circle starting at handhole ##5 7 8, p lace conduit in a westerly direction to handhole #580, a distance of 433 feet Adjourned Bearing can CATV Transfer of, Own ership CATV and Communications Advisory Committee Member David Buczkowski informed the Board that the hearing on the transfer of ownership of the cable company had been adjourned to this evening's meeting to allow time for the cable company to respond to questions asked of them at the hearing. The cable company has since responded and the CATV and Communications Advisory Committee recommends closing the hearing. The Committee will report on the transfer of ownership at the Selectmen's Meeting on September 30. Upon motion duly made and seconded, it was voted to close the hearing on the transfer of ownership of the cable television company. 60-348 i i S electmen's Meeting September g epte ber 9, 1996 HATS Mr. Fenn, Selectman liaison to the HATS Committee reported on an RFP that had gone out to obtain expert advice on the Master Planning process. The Town received 36 inquiries and received 4 responses. M - r.Fenn also reported on a meeting being conducted by the Minuteman Park n ext Thursday and asked his fellow selectmen to attend any or all of the meeting if they could. Lexington Home Page Selectman liaison to the Ad - Hoc Committee working on a Lexington Home Page reported that she is working with Shelley Chamberlain from the School Department on a quality Lexington Hone Page. Currently there are multiple listings for Lexington Home Wage. Executive Session Upon motion duly made and seconded, it was voted 4 -0 by roll call vote: Mr. D Mr. Fenn, } Mr. Busa and Mrs. Bddison to go into executive session for discussion of potential litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn t 8: p.m. Jr r A true record, Attest: Ph H4 A. ��ith � B cutive Clerk f i Selectmen's Meeting Minutes September 30, 1 996 A regular meeting of the Board of Selectmen was held on Monday, September 30, 1996 in the Selectmen's Meeting Roorn, Town office Building at 730 p . m. Chairman McSweeney, lam Dailey, Mr. Busa, Mr. Fenn, Mrs. Eddison; Mr. Cohen, Town Counsel Mr. white Town Manager; and Ms. Smith, Executive Clerk, were present. New Police officers Chairman McSweeney asked Police Chief Chris Casey to introduce four new police officers who have just completed their training at the Police Academy. Chief Casey introduced police officers Lester Baker, Michael Barry, Aden Evelyn and Stacy Macauda. Board members congratulated them and wished them. well. Boston Edison Grant of Location - 6 Carmel Circle Mr. McSweeney opened a hearing on the petition of Boston Edison Company for a grant of location 'for conduit to be installed, owned and used b Boston Edison Company. . The work is' y p y necessary to upgrade the existing electric service to the resident at 6 Carmel Circle. There being no questions, Mr. McSweeney declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition of Boston Edison Company to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Carmel Circle, approximately 300 feet south of Dickerson Road, a distance of about 85 feet. Traffic Safety AdvisoryCommittee Chairman of the Traffice . Safety Advisory Committee reviewed four traffic matters which were on the Agenda of the Committee's meeting on June 6, 1996: Spring Street near Concord „Avenue Ms. Fancy Fuller Executive Director of the Community Therapeutic Day School to discuss concerns about speeding on Spring Street and traffic conditions in general at the Spring Street /Concord Avenue intersection. The Engineering Division is in the process of conducting radar speed studies at this location. It is hoped that the study will result in the State issuing a a a permit for a 30 MPH posted speed limit on the entire section of Spring Street. This should help motorists, the school and the other abutters. Mrs. Fuller's request for a 20 NTH School zone cannot be granted as the warrants for a School zone are not satisfied b either Spring y Sp g Street or Concord Avenue in this area. The Committee feels however that posting two "School Ahead" informational signs on Spring Street is an appropriate option. This was done several ears ago at y g 60 -350 Selectmen's Meeting - September 30, 1996 the Lotting School with the school reimbursing the Town for the signs and installation. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee. , Follen Road W Pedestrian Safety Ms. Ryder of 51 Follen Road requested measures be taken to improve safety conditions for pedestrians on Follen Road. Ms. Ryder indicated that past actions taken by the Town included installing a double yellow centerline, white edge lines on each side of the roadway and two "School Crossing Ahead" signs, and at least four "Caution Children" signs, all of which .remain in place. There are no sidewalks on Follen Road, except at the churchse. while sidewalks would be a very effective safety improvement, sidewalk construction is unlikely in the present economic climate. The Committee did urge Ms. Ryder to contact Follen Road abettors and submit a sidewalk petition for consideration during the FY98 budget process. The Traffic Safety Advisory Committee after review of Ms. Ryders request recommends that the Town has already taken all o the actions which could be considered reasonable with regard to Follen Road and the only measure to be taken at this time is increased speed li nut enforcement as manpower permits. 4 Upon motion duly made and seconded, it was voted to approve the recommendation of the -- Traffic Safety Advisory Comnuttee. Muzzey Street -- No Parkin The Traffic Safety Advisory Committee discussed a request from the Police Department for a No Parking On or Off Pavement regulation on the northwesterly side of Muzzey Street, from Forest Street to Park Drive. The Lexington Police Department has had problems with people congregating in this area, and this request was also made on behalf of the High School and area neighbors. Mr. Chalpin discussed the platter with Julian Bussgang and he indicated that, indeed, neighbors supported the Police Department's request. The TSAC recommends approval. Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee and sign the Traffic Rules and orders form. Libert y Avenue - STOP Sig ns The Committee discussed another request from the Police Department for STOP signs on Liberty Avenue at the intersection ofHanulton Road. Several neighborhood residents also expressed concerns over the last few .months about the situation at this intersection. Since the warrants for g STOP signs are satisfied, the Committee recommends that the Police Department's request be approved. 60-351 Selectmen's Meeting -- September 30, 1996 Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee and sign the warrant and Traffic Rules and orders forms. Consent Assistant Treasurer Local official Bond Upon motion duly made and seconded it was voted to approve the Assistant Treasurer Local Official Bond in the amount of $ 5 0, 000. water/ Seger Deferrals Upon motion duly made and seconded, it was voted to approve water /sewer deferrals for Robert C. and Sally T. Scott at 32 woodland Road and Alice S alhaney at 539 Concord Avenue. A ointment of Tern ora Re istrar Upon motion duly made and seconded, it was voted to ratify a poll vote to appoint Reed Kingston Taylor as a Temporary Registrar of voters for Monday, September 30, 1996. Boston Gas Innovation Award Transportation Coordinator Barbara Lucas introduced several executives of Boston Gas Company who had come to present the Town with an innovation award. Boston Gas President Chester Messer presented Chairman McSweeney with a check in the amount of $40,000 to assist the Town in reaching its goal of $80,000 which will be added to a rant to purchase compressed g P p natural gas buses for Lexpress. Board Members thanked Boston Gas for the gift and for the wonderful cooperation the Town has experienced with Boston Gas. CATV and Communications AdvisoU Committee •- Transfer of Control of Gable Television Renewal License CATV Committee member David Buczkowski reported that Cablevision had provided all of the information requested of them at the hearing on the transfer of control of the cable television renewal license. The CATV and Communications Advisory Committee have voted unanimously to request the Board of Selectmen to sign the transfer of control document. Upon notion duly made and seconded, it was voted to approve and sign the documents transferring control of the cable television renewal license from Warburg, Pincus Investors, L.P. to Cablevision Systems Corporation. 60 -352 i 3' Selectmen's Meeting - September 30, 1996 Bond Anticipation Notes Upon motion duly made and seconded, it was voted to approve the sale of a $2,360,000 3.71% bond anticipation note of the Town dated October 3, 1996 and payable April 15, 1997 to I3ayBank, N.A. at par and accrued interest. Volunteer Appreciation Day Mrs. Eddison reviewed plans to conduct the second annual volunteer appreciation day in conjunction with Octoberfest on Saturday, October 19. Upon motion duly made and seconded, it was voted to approve the request to use the Battle Green for the second annual volunteer Appreciation Day on Saturday, October 19 at 9:30 a.m. One -Day Auctioneer License Upon motion duly made and seconded, it was voted to approve the application and issue a one - day auctioneer's license to Hughes Banbury optical Systems, Inc. at 10 Maguire Road on October 9, 1996. i Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of September 9, 1996. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of September 9, 1996. One-D4y Liquor License Upon motion duly nude and seconded, it was voted to approve the application and issue a one - day liquor license to the Armenian Sisters Academy in Lexington for their annual dance on October 12, 1996 from 8:00 p.m. to 1:00 a.m. 60-353 Selectmen's Meeting -- September 30, 1996 AT &T Antenna - Muzzev Condominiums Attorney Steve Anderson of Anderson and Kreiger representing AT &T provided the Board with information concerning a proposed antenna to be installed at the Muzzey High. Condominiums. The Board of Selectmen are being asked by the Muzzey Nigh Condominium Association to make a determination that the requested installation of the AT &T antenna be considered a minor change to the Special Permit granted by the Board of Selectmen when the building was converted to condominiums. Mr. Anderson explained that the antenna had been approved by the Historic Districts Commission and met the requirements of the Building Commissioner to obtain a building permit once the Board acts on its determination. Representatives of AT &T explained the plans to install the antenna and planned uses for it. Dr. Peter volberg from Gradient Corporation also representing AT &T was present to answer questions from the neighbors about any health hazard concerns. After hearing questions from the audience, Mr. McSweeney asked the Board Members and it was decided to review the information provided and make a determination at the next meeting of the Board on October 15 as to whether the installation of the AT &T antenna is considered a minor or a major change to the Special Permit. Mr. McSweeney invited anyone who wanted to come to hear the determination to do so. Town Counsel advised the Board that if it determines that it is a major change a hearing will be required. Public Comments There were many residents present concerning Hanscom issues. Florence Koplow, alternate member of HFAC, read a petition to the Board requesting that the four Boards of Selectmen petition Massport officials and its Board of Directors to halt any work on development of new projects or services until the four -town study is completed; that the four Boards of Selectmen join with citizens who will be working with out legislative delegation to file legislation prohibiting Massport from any development work until such time as the four towns have completed their planning study; and that the four towns (or Lexington alone) seek legal advise from aviation specialists (such as Cutler and Standf eld) as soon as possible. Dan Fenn, Lexington Selectman Representative and Chairman of HATS, indicated that HATS would take the suggestions under advisement. The HATS committee has been in touch with Cutler and Stanfield and has sent there a tape of the FAA meeting and asked for comments on the presentation. Mr. Fenn indicated he had received suggestions from several people that the Selectmen include Hanscom in its goals statement. He felt the suggestion was a very valid one and prepared the following goals 60-354 Selectmen's Meeting - September 30, 1996 The Board of Selectmen, fully recognizing the vital. importance of Hanscom and the impact of activities there on our community, will (1) continue to keep close watch over Massport's plans and activities at Hanscom, making sure that the consultative process now underway is not overtaken by any unilateral Massport decisions or actions; (Z) continue our vigorous support of the GEIR and Master Planning processes which have been started in order to create a comprehensive and objective baseline for future environmental reviews and to fashion a new mutually- acceptable decision- sharing arrangement with Massport for both aviation and non - aviation developments; (3) urge the Governor and the Chair of the Massport Board, in the event that new appointments to the Authority's leadership become necessary, to select people who are sensitive to the concerns of the four towns and who will continue to negotiate in good faith with our representatives; (4) continue to work in close concert with our neighbors in HATS; and (5) seek regular formal advice and input from the several Lexington citizens who have been appointed as our representatives to HATS and BFAC. Upon motion duly made and seconded, it was voted to adopt the foregoing goals for Hanscom for 1996-1997. There was much discussion about convincing Massport that the towns are united and mean what they say and that the four towns need the time that is required for planning. Board Members 4 e reassured those present that the Board of Selectmen are very concerned about Hanscom and will do whatever they need to protect Lexington. Representative Jay Kaufman indicated he would stay in touch with Mr. Fenn in response to a letter from Lexington as one of the four boards. Middlesex County Hospital Ad-Hoc Committee Upon motion duly made and seconded, it was voted to appoint the following individuals to the Middlesex County Hospital Ad -Hoc Committee: Planning Board Members Fred Merrill and Steve Colman, Potter Pond Representative Gil Garber, TNEWA #3 Representative Caleb warner, LexHAB Chairman Marshall Derby, Edward Modoono representing the recreation area and Don Jenkins representing the financial area. Leo McSweeney agreed to be Selectman representative to the Committee. It was agreed that the Board would appoint two other members at its meeting on October IS representing the Fair Housing and Human Relations Committee and Conservation Commission. Upon motion duly made and seconded, it was voted to adopt the following charge to the Middlesex Hospital Ad -Hoc Committee: It is requested that you advise the Board of Selectmen as to the appropriate reuse options for the Middlesex County Hospital site. The committee should consider the following p g planning issues in their review. 60.355 Selectmen's Meeting - September 30, 1996 1. Benefit to the community. 2. Establish a cooperative working relationship with the City of Waltham and Middlesex County officials. 3. Identify alternative reuses for the property. 4. Review with Town departments, boards and committees whether they envision some public use on all, or some part, of the property, or other public objectives that might be achieved. 5. Select and evaluate several preferred alternatives on the basis of: a. their potential impacts on public facilities, services and programs, b. an analysis of Town fiscal consideration including potential revenue and costs, C. potential furtherance of policies, such as the Planning Board's Inclusionary Dousing Policy and Alternative Transportation Policy, and such other Town policies as may be applicable; and d. potential impact on neighborhoods near the site. 6. Review the process for the disposition of surplus public property, as prescribed in State law and recommend what action, if any, the Town of Lexington might take in that regard. 7. Work cooperatively with the Planning Board to increase the likelihood that the Planning Board will make a favorable recommendation to the Town Meeting for rezoning (assurm"ng that the preferred reuses will require a rezoning). Water and Sewer Rates Superintendent of water and Sewer Divisions Bill Hadley reviewed the operations of the division and advised the Board that he will be back to the meeting on October 15, 1996 to request the Board to set the water and Sewer Rates for Fiscal Year 1997. ADyointmentslReapp ointments Upon motion duly made and seconded, it was voted to make the following appointments and reappointments. Board of Appeals Reappoint Edwin P. Whittemore to a term to expire September 30, 2001 Board of Appeals Associates - for terms to expire September 30, 1997 Reappoint Nyles N. Barnert Reappoint Joseph A. Campbell Reappoint Natalie Riff'in Reappoint Arthur C. Smith Reappoint Judith Uhrig Reappoint Carolyn C. Wilson 60-356 Selectmen's Meeting - September 30, 1996 _ cns Advisory Committee Cable Ty an Communications .,_._,.....,., .,...,_,._......... Reappoint Stephen C. Eris for a term to expire September 30, 1999 Reappoint Theodore Mairson for a term to expire September 30, 1999 Condominium Conversion Board Reappoint Catherine H. Deans for a term to expire September 30, 1999 Reappoint Daniel J. Griffin, Jr. for a terra to expire September 30, 1999 Design Advisory Connmittee - terms to expire September 30, 1999 Reappoint Karen Bechtel Reappoint Thomas Coffman Appoint Bruce Creager Reappoint John W. Frey Reappoint Barbara Hulsizer Reappoint Steven Hurley Reappoint John Nolan Reappoint Carl C. Oldenberg Reappoint Elizabeth C. Whitman Des gn Advisory Committee Associates - for terms to expire September 30, 1997 _ Appoint John S. Ellis Reappoint Richard B. Friedson Reappoint Robert L. Ossrnan Reappoint Walter S. Pierce Fair Cousin and Human Relations Committee - for terms to expire September 30, 1998 Reappoint Florence A. Baturin Reappoint Michelle Ekanem Appoint Beverly Earl- Goodridge Fence viewers - for terms to expire September 30, 1997 Reappoint Martin A. Gilman Reappoint William H. Sullivan Gammel Legacy Trust - for terms to expire September 30, 1997 Reappoint Lois V. Jenkins Reappoint Jacquelyn H. ward Lexingion Bic cle Adviso Cornmittee - for terms to expire September 30, 1998 Reappoint Marita Hartshown Reappoint Robert Sawyer Appoint Colleen Haggerty 60 -357 Selectmen's Meeting - September 30, 1996 Lexingion Center Committee - for terms to expire September 30, 1999 Reappoint Robert L. Ossman Appoint David Williams Police Manual Policy Committee - for terms to expire September 30, 1997 Reappoint William J. Dailey Reappoint Edith E. Flynn Reappoint Chief Chris Casey Reappoint William C. Hays Reappoint Gerald L. McLeod Appoint Cleveland M. Coats, Jr. Town Report Committee - for terms to expire September 30, 1997 Reappoint John Ayvazian Reappoint Raymond B. Barnes Reappoint Stanley Casazza Reappoint Winifred L. Friedman Reappoint Robert Morrison Reappoint Zelda Sokal Appoint William B. Hoyt Traffic Safety Advisoly Committee - for terms to expire September 30, 1997 Reappoint Peter M. Chalpin Reappoint William P. Fitzgerald Reappoint lMlyla Kabat -Zinn Reappoint Captain James Kilmartin Reappoint Ronald E. Marble Reappoint William F. Mix Reappoint Roy J. Murphy Trustees of the Public Trust Reappoint David Williams for a term to expire September 30, 2002 Lon Ran a Planning Committee Appoint Alan J. Lazarus Appoint Dr. Geza Szoyni Appoint Donald D. Wilson Appoint Fernando Quezada Appoint Phil Jackson 60 -358 f Selectmen's Meeting - September 30, 1996 z Town Manager's Appointments Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of John Curry to the Council on Aging for a terra to expire May 31, 1999. Massachusetts Teacher of the Year Selectman Dan Fenn asked the Board to make note of the fact that a Lexington Teacher has once again received the honor of being named Massachusetts Teacher of the Year. Upon motion duly made and seconded, it was voted to salute Estabrook School's fifth grade teacher Leonard Swanton who has been named the 1997 Massachusetts Teacher of the Year. Executive Session Upon motion duly made and seconded, it was voted 5 -0 by roll call vote: Mr. McSweeney, Mr. Bailey, Mr. Busa, Mr. Fenn and Mrs. Eddison to go into Executive Session for discussion of land acquisition matters with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. _ ,a A true record, Attest. _ hylli r :A. Smith .= . Executive Clerk i s x z