HomeMy WebLinkAbout1998-01-BOS-min 61-114
Selectmen's Meeting Minutes
January 5, 1998
A regular meeting of the Board of Selectmen was held on Monday, January 5, 1998 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Busa, Mr. Fenn, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; and Ms. Smith, Executive Clerk were present.
Citizen Comments
Laura Cole of Precinct 4 said she hoped in the spirit of the New Year that all parties can come to
some agreement on the school plans that everyone can get behind. Mr. Fenn reported that the
Board had sent a letter to Mrs. Peltz suggesting that Selectman Busa and McSweeney meet with
two members of the School Committee and Permanent Building Committee to come up with a
suggested framework for a new proposal that the whole community will support. Mr. Busa
confirmed his desire to come up with a proposal that the entire Board of Selectmen could support
and recommend to the community.
Steve Tripi of Precinct 8 reported to the Board that he had filed a complaint against the School
Department with the Office of Campaign& Political Finance concerning a flyer that had been
sent home with school children that announced public information meetings on the school capital
plan. A ballot question committee had privately paid for the flyer. Mr. Tripi further indicated
that a letter had been sent to Superintendent Young recommending future compliance with the
campaign finance law. Mr. Tripi further stated that the Selectmen should not have allowed that
to happen. Board members replied that they were not aware that flyers had been sent out from
the schools and further that the Board of Selectmen is not a regulatory body. Mr. Fenn suggested
that the Town Clerk send out a reminder of the campaign finance laws to appropriate parties.
NYNEX/Boston Edison Grant of Location—Massachusetts Avenue
Mr. McSweeney opened a hearing on the petition of NYNEX and Boston Edison for a grant of
location to provide telecommunications services via underground facilities to 1646
Massachusetts Avenue.
Upon motion duly made and seconded, it was voted to approve the petitions of the New England
Telephone and Telegraph Company and Boston Edison Company to lay and maintain
underground conduits and manholes, with the wires and cables to be placed therein, under the
surface of Massachusetts Avenue starting at pole number 113/2 on the southerly side of
Massachusetts Avenue, place conduit in a southerly direction, a distance of 6 to 14 feet±.
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Selectmen's Meeting—January 5, 1998
Transfer of Liquor License— 1709 Massachusetts Avenue
Mr. McSweeney opened a hearing on the application of Pineapple Café Associates, LLC d/b/a
Stone Soup Grill & Café for a transfer of a common victualler liquor license at 1709
Massachusetts Avenue. Attorney Fred Conroy and owner of the Café Howard Gervertz were
present to answer questions.
Upon motion duly made and seconded, it was voted to approve the application and issue a
Common Victualler license to expose, keep for sale, and to sell all kinds of alcoholic beverages
to be drunk on the premises to Pineapple Café Associates, LLC d/b/a Stone Grill & Café, 1709
Massachusetts Avenue.
Consent Agenda
Upon motion duly made and seconded, it was voted to establish the William P. Fitzgerald
Memorial Athletic Scholarship Fund.
Emery Park/Depot Square Project Update
Representative of the Architects Ginna Johnson presented the Board with final drawings of the
planned improvements for Emery Park and Depot Square. The project estimated to cost
$600,000 will be managed by Mass. Highway Department. There will be no further cost to
Lexington taxpayers. Ms. Johnson reviewed plans to relocate Lexpress while the project is
underway. Ms. Johnson said the hope is to have the project completed by Memorial Day. Board
Members complemented the architects and all involved in arriving at a consensus plan.
Use of Battle Green
Upon motion duly made and seconded, it was voted to approve the request of the Lexington
Minute Men to conduct their rehearsal on the battle Green on Sunday, April 5 from 2:00 to 4:00
p.m., rain date of Saturday, April 11 and the Re-Enactment on Monday, April 20.
License Renewals
Common Victualler
Alexander's Pizza
Athenian Restaurant
B Street Café
Bruegger's Bagel Bakery
Dunkin Donuts (141 Mass. Avenue)
Holiday Inn Express
Pine Meadows Golf Club
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SELECTMEN'S MEETING—JANUARY 5, 1998
Common Victualler(cont.)
The Lexington Club
Vinny Testa's
Wildberry Deli
Starbucks Coffee
Sheraton Lexington Inn
Lodging/Innkeeper
Battle Green Inn
Holiday Inn Express
Wild Acre Inn, Inc.
Sheraton Lexington Inn
Coin Operated Machines
Lexington Lodge of Elks (2 machines)
Class I
New England Transit Sales, Inc.
Class II
Lexington Contract Sales
Class III
Diogenes E. Torres
Entertainment
Sheraton Lexington Inn
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
October 22, 1997.
Conservation Commission Appointment
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of Phil Hamilton to the Conservation Commission.
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Selectmen's Meeting—January 5, 1998
Budget Update
Mr. White reported that he did not anticipate the revenue estimate to change until the beginning
of February. He indicated he is in the process of getting feedback from the Selectmen on various
budget issues.
Mr. Fenn indicated his priorities are investment in the Town's infrastructure and people. Mr.
Enrich paid complements to the Senior Management Team for a good starting point for the FY99
budget. He indicated he has some major questions that will have to remain since the Board
hasn't seen the school budget yet. He inquired about two major items that appear to be missing
from the list, one is the economic development officer and the other is a set of issues around
trash costs. He also inquired about the substantial movement in the category zero or highest
priority budget issues. Mr. White said he would review the changes with Mr. Enrich.
Mr. White said the Town has an opportunity to set aside money in a NESWC stabilization fund.
The tipping fee is expected to double over the next five years.
Board members discussed the list of budget requests and expressed areas they would like to see
given high priority.
Hanscom
Mr.Fenn reported that HATS has embarked on a project following on Daylor's Master Plan.
They have formed a working group with two members from each of the towns, one from the
Planning Board and one Selectman. The Chair of HATS for 1998 is the Concord Selectman.
Mr. Fenn asked the Board to appoint Ed Grant to the group.
Upon motion duly made and seconded, it was voted to appoint Ed Grant to the Four Town's
Committee.
Upon motion duly made and seconded, it was voted to adjourn at 10:08 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
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Selectmen's Meeting Minutes
January 12, 1998
A regular meeting of the Board of Selectmen was held on Monday, January 12, 1998 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Busa, Mr. Fenn, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager, Mr. Cohen, Town
Counsel and Ms. Smith, Executive Clerk were present.
Citizen Comments
Den Master Skip Irving introduced Weeblos from Den 8, Pack 160 who are scheduled to become
scouts next year. The Weeblos came to the meeting to earn their badge in Citizenship and Town
Government. Board Members greeted the Weeblos and answered their many questions
concerning town government. Mr. Busa asked the boys what Lexington could do for the youth
of the Town. The answers were to get stop signs at Forest Street and Muzzey Street and get the
basketball hoops back at Bridge School.
License for the Storage of Flammables—775 Trapelo Road
Mr. McSweeney opened a hearing on the application of Perseus of Northeast Massachusetts,
owner of Olympus Specialty Hospital, 775 Trapelo Road for a license for an above ground
15,000 gallon#2 fuel oil storage tank.
Stan Beames of Perseus and John O'Brien of Olympus explained the need to replace
underground tanks installed over 60 years ago. There were concerns expressed by abutters about
traffic on Trapelo Road, whether existing tanks would be removed, if soil testing would be
carried out. Assistant Chief Sullivan recommended filling the tanks in place. They are right up
against the wall of an existing building. Mr. McSweeney asked Mr. Beames to provide the
abutters with the information they asked for and come back to the Board meeting on January 26
for a continuation of the hearing.
Upon motion duly made and seconded, it was voted to adjourn the hearing to the meeting on
January 26, 1998 at 7:30 p.m.
Fiscal Year 1999 Street Acceptance Hearing
Mr. McSweeney opened a public hearing on Fiscal Year 1999 Street Acceptances. Assistant
Town Engineer Peter Chalpin explained that this hearing concerns six streets to be considered for
acceptance at this year's Town Meeting. All owners of record whose property abuts these streets
received the Selectmen's "Notice of Intention" as delivered by the constable that the Town
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Selectmen's Meeting—January 12, 1998
intends to accept their street. They also have been notified of this public hearing for the purpose
of hearing all interested parties. Mr. Chalpin further explained that Sedge Road is being
proposed for acceptance and LexHAB will pay an estimated cost of$14,000 to bring the Road
up to Town standards. There were no questions from the audience or members of the Board.
The Board will take the information received at this hearing and will vote to lay out these streets
as public ways at the Selectmen's Meeting of January 26, 1998.
Appointment to Cable TV and Communications Advisory Committee
Upon motion duly made and seconded, it was voted to appoint Raul Marques-Pascual to the
Cable TV and Communications Advisory Committee for a three-year term expiring September
30, 2000.
Upon motion duly made and seconded, it was voted to accept with regret the resignation of
William Lucas.
Compensation Committee Report
The Town Compensation Committee consisting of representatives of all school and municipal
unions and non-union groups presented a report they had prepared comparing comparable
communities in the areas of compensation and benefits. The committee's report shows areas of
concern where Lexington appears to be falling below the market and presented some
recommended solutions to maintaining Lexington's competitiveness in the marketplace.
Common Victualler Licenses
Upon motion duly made and seconded, it was voted to approve the applications and sign the
common victualler licenses for Pineapple Café Associates, LLC d/b/a The Stone Soup Grill &
Café, 1709 Massachusetts Avenue and Lexington Creamery, Inc., 1749 Massachusetts Avenue.
One-Day Liquor License
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day liquor license for the Arlington-Lexington Hadassah for a fundraising event at the Museum
of Our National Heritage on Saturday, January 31, 1998 from 7:30 p.m. to 10:30 p.m.
Upon motion duly made and seconded, it was voted to adjourn at 8:48 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
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Selectmen's Meeting Minutes
January 26, 1998
A regular meeting of the Board of Selectmen was held on Monday, January 26, 1998 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Busa, Mr. Fenn, Mrs. Eddison, Mr. Enrich; Mr. White, Town Manager, Mr. Cohen, Town
Counsel and Ms. Smith, Executive Clerk were present.
Citizen Comments
Stephen Tripi of 12 Freemont Street complained that a letter hand delivered to his house by Mr.
McSweeney did not respond to the election violation concerns he had raised at a previous
Selectmen's Meeting. Mr. McSweeney explained that he had said he would talk with the people
that were involved and he had spoken with the members of the School Committee and that the
Town Manager had spoken with the School Superintendent. Also, the Town Clerk has received
a letter that someone from the State will be coming out to review the rules we need to abide by in
future elections.
Mr. Enrich indicated that in his review of the letter from the Office of Campaign Finance, the
letter did not say that the Town was in violation of the law but that it would have been better
practice if the Town had not sent the flyer out.
Dawn McKenna inquired about the fire fighters contract and why this is still a lingering issue.
She said she had tried to attend the arbitration hearing. The fire fighters' union had no objection
to her attending; however, the Town did raise concerns and the Joint Labor Management
Committee decided that the meeting should be closed to the public. Ms. McKenna also inquired
about the defense costs to the Town. Mr. White replied that it was the sole decision of the
Chairman of the JLMC that the meeting was a matter of Executive Session. The costs were
reported in the newspaper.
Hearings
Storage of Flammables—775 Trapelo Road
Mr. McSweeney opened an adjourned hearing on the application of Perseus of Northeast
Massachusetts, owner of Olympus Specialty Hospital, 775 Trapelo Road for a license for an
above ground 15,000 gallon#2 fuel oil storage tank.
Mr. Beames reported that he had supplied all the information requested by the abutters and has
heard nothing back from them.
There being no questions, the Chairman declared the hearing closed.
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Selectmen's Meeting—January 26, 1998
Upon motion duly made and seconded, it was voted to issue a license to Perseus of Northeast
Massachusetts for an above ground 15,000 gallon#2 fuel oil storage tank at 775 Trapelo Road.
Boston Edison Grant of Location—Fairbanks Road
Boston Edison representative Carol McManus reviewed a petition for conduit to be installed to
change the electric service from overhead to underground at the owners request at 35 Fairbanks
Road.
Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison
Company to lay and maintain underground conduits and manholes, with the wires and cables to
be placed therein, under the surface of Fairbanks Road southerly, approximately 1000 feet north
of Tufts Road, a distance of about 15 feet (±).
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the following water and sewer
commitments and adjustments:
Commitment of water charges for 11/1/97 to 11/30/97 $5,119.05
Commitment of sewer charges for 11/1/97 to 11/30/97 $8,766.00
Commitment of water charges for 11/24/97 (cycle 9) $87,757.86
Commitment of water charges for 12/12/97 (cycle 01) $622,740.80
Commitment of sewer charges for 12/12/97 (cycle 01) $1,151,983.42
Commitment of water charges for 12/19/97 (cycle 02) $551,839.15
Commitment of sewer charges for 12/19/97 (cycle 02) $904,876.82
Adjustments of water charges for 11/1/97 to 11/30/97 -$105.28
Adjustments of sewer charges for 11/1/97 to 11/30/97 -$268.60
Vote to Lay Out Public Ways
Peter Chalpin reported that no questions have been raised since the hearing held at the
Selectmen's Meeting on January 12, 1998 and it is now the recommendation of the Engineering
Department that the Board vote to lay out the recommended streets.
Upon motion duly made and seconded, it was voted to lay out the following streets as public
ways:
Butterfield Road—From Maple Street westerly to the 1990 town layout of Butterfield Road.
Currier Court—From Webb Street to its terminus.
Granger Pond Way—From Lowell Street to its terminus.
John Hosmer Lane—From Butterfield Road to its terminus.
Schoolhouse Lane—From Concord Avenue to its terminus.
Sedge Road—From the end of the 1961 town layout of Sedge Road 150 feet westerly.
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Selectmen's Meeting—January 26, 1998
Appoint Lexington Community Web Page Committee
Mrs. Eddison reported that she has been working with a number of volunteers from the
community and school staff on creative and technical suggestions to come up with a quality
Community Web page. The group has been meeting on an informal basis and she feels it is time
to ask the Board to formalize the Committee. Mrs. Eddison offered to be the Selectmen Liaison
to the Committee.
Mr. McSweeney thanked Mrs. Eddison and asked her to convey the thanks of the Board to the
members of the Committee.
Upon motion duly made and seconded, it was voted to appoint Betty Eddison, Harvey Bingham,
Julie Triessl, Shelly Chamberlain, Steve Ellis and Nancy Johnson to the Lexington Community
Web Page Committee.
Appointment/Resignation—CATV and Communications Advisory Committee
Upon motion duly made and seconded, it was voted to appoint Caryn Werlin to the Cable TV
and Communications Advisory Committee for a term expiring 9/30/2000.
Upon motion duly made and seconded, it was voted to accept with regret the resignation of Jack
Cunha from the Cable TV and Communications Advisory Committee.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
November 3, 1997 and November 10, 1997.
Common Victualler Licenses
Upon motion duly made and seconded, it was voted to approve the applications and sign the
common victualler license renewals for:
Friendly Ice Cream Corporation d/b/a Friendly's , 66 Bedford Street
Friendly Ice Cream Corporation d/b/a Friendly's, 1060 Waltham Street
Lexington Lodge #2204 B.P.O. Elks, 959 Waltham Street
L.N.T. Enterprises d/b/a Dagwood's Deli, 32 Waltham Street
Nick's Place, 197 Mass. Avenue
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 Armenian Sisters, 20 Pelham Road for a dance to be held on February 7,
1998.
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Selectmen's Meeting—January 26, 1998
Bedford Street/Bikeway Traffic Light
Representatives of the Lexington Bicycle Advisory Committee and Friends of the Bikeway were
present to ask the Board to give favorable consideration to the DPW Warrant Article request for
a pedestrian signal at the intersection of Bedford Street and the Bikeway. They presented
statistical information on the numbers of people crossing at this intersection over a ten-hour
period. They feel this information warrants serious consideration to alleviate the danger to
bicyclists and pedestrians crossing from the bikeway across Bedford Street. They also asked that
this intersection be considered on its own merits and not be jeopardized by including it for
funding along with the Sunny Knoll Avenue/Bedford Street/DPW Facility Driveway
intersection.
Parking Revenue
DPW Director George Woodbury reviewed the parking revenues generated from attended
parking on Saturdays, meters, attended lot and permit parking. Mr. Woodbury also reviewed a
proposal for increasing the permit parking fees. The Board asked Mr. Woodbury to review his
proposal with the Chamber of Commerce and the Center Committee before requesting the Board
to approve an increase in the fees.
Street Light Update
Mr. Woodbury reported that there are still approximately 180 street lights to be turned on. There
has been a delay in the program due to the deployment of Edison crews to the ice damaged areas
in Maine and New Hampshire. In total 1294 street lights were turned off, 603 have been turned
back on.
Snow Storage Update
Mr. Woodbury reported that the snow storage operation at Westview went very well. They used
five additional trucks instead of the predicted 20 and based on this experience they feel they will
always be able to get by with ten or fewer additional trucks. The total cost came to $2,440 for
the contract vehicles and $5,200 for preparation of the site, 90% of which is a one-time cost.
DPW also met with the Conservation Commission for an order of conditions to use Lincoln
Street as a backup site.
Budget Issues
Mr. White listed a number of budget issues he would like the Board to schedule on future
meeting agendas.
Mr. McSweeney asked the Manager to have the Planning Board come in to talk about their
Warrant Articles.
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Selectmen's Meeting—January 26, 1998
Fund for Lexington
Mr. Fenn reported on two requests for seed money from the Fund for Lexington. First, there is a
Russian delegation from Lexington's Sister City in Gatchina coming the week before Patriot's
Day. There has been a request of$1,000 to get the Sister City Program off the ground.
There has also been a request from Lexington 2000 Commission for $1,000 in seed money. The
Board Members approved taking both requests to the Fund for Lexington Trust.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mr. McSweeney, Mr.
Busa, Mr. Fenn, Mrs. Eddison and Mr. Enrich to go into executive session for discussion of land
acquisition and collective bargaining matters, with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:50 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk