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HomeMy WebLinkAbout1998-08-BOS-min61-198 Selectmen’s Meeting Minutes August 10, 1998 A regular meeting of the Board of Selectmen was held on Monday, August 10, 1998 in the Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mr. Busa, Mr. Fenn, Mrs. Eddison, Mrs. Krieger; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith, Executive Clerk were present. Mr. Enrich opened up a public hearing on the following petitions: Boston Edison Grant of Location – Flintlock Road Boston Edison representative Carol McManus presented the petition, plan and orders for a grant of location to provide underground electric service to a new house located at 20 Flintlock 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 Flintlock Road: Install conduit – northeasterly, approximately 140 feet northwest of Johnson Farm Road, a distance of about 5 feet. Boston Edison Grant of Location – Vine Street Ms. McManus presented the petition, plan and orders for a grant of location to provide underground electric service to 107 Vine Street. 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 Vine Street: Install conduit – southeasterly, approximately 200 feet northeast of Manley Court, a distance of about 10 feet. Bell Atlantic – New England Grant of Location – Hayden Avenue Bell Atlantic representative Dan Fitzgibbon presented the petition, plan and orders for a grant of location to provide telecommunications access to 55 Hayden Avenue. Upon motion duly made and seconded, it was voted to approve the petition of Bell Atlantic – New England to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Hayden Avenue starting at existing hydrant on the northwesterly side of Hayden Avenue, in front of number 55 Hayden Avenue, place a manhole in a westerly direction, a distance of 40 feet ±. 61-199 Selectmen’s Meeting – August 10, 1998 Consent Agenda Water/Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following: Commitment of water charges for 5/1/98 to 5/31/98 (finals) $5,388.70 Commitment of sewer charges for 5/1/98 to 5/31/98 (finals) $11,350.50 Adjustments of water charges for 5/1/98 to 5/31/98 -$4,733.38 Adjustments of sewer charges for 5/1/98 to 5/31/98 -$7,503.51 One-Day Auctioneer License Upon motion duly made and seconded, it was voted to issue a one-day auctioneer license to Newton Oriental Rugs for a rug auction at the Armory on Bedford Street on Sunday, September 13, 1998. Battle Green Guide License Upon motion duly made and seconded, it was voted to issue a Battle Green Guide License to Esmond Chiou, 22 Woodpark Circle for the 1998 tourist season. Class II License Renewal Upon motion duly made and seconded, it was voted to issue a Class II License renewal to Raul Calero, 58 Laconia Street, for the purchase and sale of used cars at auction. Theatre License Renewals Upon motion duly made and seconded, it was voted to issue theatre licenses for Marble Rock Cinema, d/b/a Lexington Flick for weekdays and Sundays. Use of Battle Green Upon motion duly made and seconded, it was voted to approve the request from the Lexington Preschool PTA to use the Battle Green for its annual Halloween Parade on Saturday, October 31 from 8:30 to 10:00 a.m. with a rain date the following day. Warrant for the State Primary Upon motion duly made and seconded, it was voted to sign the warrant for the September 15, 1998 State Primary. 61-200 Selectmen’s Meeting – August 10, 1998 Minutes Upon motion duly made and seconded, it was voted to approve the minutes for the meetings of June 22, July 6 and July 20, 1998. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meetings of June 22 and July 6, 1998. Minuteman Voc. Project Committee Status Report Mrs. Eddison reported on a meeting of the Lexington-Lincoln Minuteman Tech Project Group on August 6. The plans are to build a hotel, assisted living facility and a science center. None of those facilities will be sited in Lexington. However, a letter from the Chief of the Development Company, indicates they have decided to have traffic entering and exiting only onto Route 2A. That plan makes the Park Service, Lincoln and Lexington very nervous. They will have to go through some process that MWRA has for permission to connect to the sewer. There will also need to be a policy determination by the Board of Selectmen. All agreed that we would work together as a unified group rather than individual entities. Everyone was charged with bringing back a position statement represented by a unit. Dick Canale, representing the Lexington Planning Board will be preparing a position paper from the Planning Board on the project for our consideration. Hopefully the Board of Selectmen could agree with the Planning Board statement. LexHAB LexHAB Chairman Marshall Derby reviewed two policy changes they would like to make based on experience over the past six years. They have found that the five year residency limit presents a severe hardship to some tenants. For that reason, LexHAB has decided to accept requests for one-year waivers of the tenant policy to those people who meet their hardship criteria. The second change will be to the income limit policy. Due to the rapidly escalating housing costs in Lexington, LexHAB would like to now modify its income limits and increase the limits on the LexHAB tenants in occupancy from a maximum of 80% of the Boston SMSA (Standard Metropolitan Statistical Area) average income to 100%. The upper limit for families entering LexHAB units will remain at 80%. All tenants will be notified of these policies. Strategic Planning Mr. Enrich reported that he and Dan Fenn had attended the Long Range Planning Committee meeting in June and invited the Committee to come to a Selectmen’s Meeting to report on their experiences and findings over the last five years. 61-201 Selectmen’s Meeting – August 10, 1998 Chairman of the Long Range Planning Committee Fernando Quezada gave the Board a written activities update of the Committee dated August 1998. The Board members had a lengthy discussion of plans for a community wide strategic goal setting process. The discussion was transcribed at length and will be shared with the Initiating Committee. Board members were asked to think about the groups and individuals who might be appointed to the Initiating Committee and get them to either the Town Manager or the Chairman by Wednesday, August 25. The hope is to appoint the Committee at the meeting on August 31. All Board members agreed to the charge to the Initiating Committee for the Community Strategic Goal Setting Process as prepared by the Town Manager. Solid Waste Action Team Members of the Solid Waste Action Team (SWAT) Jill Stein and John Andrews were present to express concern over NESWC’s lobbying attempts against the State adopting more stringent standards for waste to energy plants. Board members and the Town Manager assured them that Lexington as one of 23 NESWC Communities is not opposed to the more stringent regulations of the Department of Environmental Protection. However, all the NESWC communities are concerned they will be bear the brunt of the cost to bring the North Andover plant into compliance. DPW Director George Woodbury invited the SWAT to the next meeting of NESWC. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Chairman Enrich, Mr. Busa, Mr. Fenn, Mrs. Eddison and Mrs. Krieger to go into executive session for the purpose of discussion of collective bargaining and litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk 61-202 Selectmen’s Meeting Minutes August 31, 1998 A regular meeting of the Board of Selectmen was held on Monday, August 31, 1998 in the Selectmen’s Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mr. Busa, Mrs. Eddison, Mrs. Krieger; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith, Executive Clerk were present. Citizen Comments Mr. Enrich opened the meeting and announced that Mr. Fenn could not attend the meeting. He is on vacation in Russia. Mr. Byron Blanchard spoke about his concerns that Funeral Homes were not allowed to sell grave vaults for use in Westview Cemetery. Jim Kirk, 26 Webb Street, a resident of Lexington for 24 years spoke of his concern and that of his neighbors about the felling of trees and other activities taking place on a seven acre parcel of land in their neighborhood owned by the Kavlakian family. Mr. White reported on an earlier meeting with the Webb Street neighborhood and town officials that he said went very well. The meeting resulted in a coordinated communication network between the neighborhood and town officials in an effort to keep the neighborhood informed of both their rights and the rights of the Kavlakian family. Mr. Enrich indicated this matter would have the serious attention of the Board of Selectmen and the Town. The Town will do all it can to protect the neighborhood by seeing that all laws and regulations are adhered to. Mr. Enrich opened a hearing on the following petitions: Boston Edison Grant of Location – Bow Street Boston Edison Representative Carol McManus reviewed the petition to install conduit to provide underground electric service to 71 Bow Street. 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 Bow Street: Install conduit, opposite Melrose Avenue, a distance of about 2 feet. 61-203 Selectmen’s Meeting – August 31, 1998 Boston Edison Grant of Location – Hathaway Road Ms. McManus reviewed the petition of Boston Edison to install conduit to provide new electric service to 17 Hathaway Road. 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 Hathaway Road: Install conduit, northeasterly, approximately 400 feet northwest of Sedge Road, a distance of about 12 feet. Boston Edison Grant of Location – Phinney Road Ms. McManus reviewed the petition of Boston Edison to install conduit to relocate existing overhead service at 7 Phinney Road to underground electric service at the homeowners request. 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 Phinney Road: Install conduit northwesterly, approximately 223 feet west of Tufts Road, a distance of about 2 feet. Deed and Order of Taking – Sutherland Park and Tarbell Avenue Lots Upon motion duly made and seconded, it was voted to sign the Deed for the remaining portion of Sutherland Park and the order of taking for the Tarbell Avenue lot voted under Article 35 of the 1997 Town Meeting. Orders of Taking – FY99 Street Acceptances Upon motion duly made and seconded, it was voted to sign the orders of taking for Butterfield Road, Sedge Road, John Hosmer Lane, Currier Court, Granger Pond Way and Schoolhouse Lane. Proclamation – Consitution Week Upon motion duly made and seconded, it was voted to sign a proclamation declaring the week of September 17 through September 23 as Constitution Week. Use of Battle Green – Lexington Minutemen Upon motion duly made and seconded, it was voted to approve the request of the Lexington Minute Men to conduct a Change of Command Ceremony on the Battle Green on Sunday, October 4 from 12:00 p.m. until 2:30 p.m. 61-204 Selectmen’s Meeting – August 31, 1998 Local Official Bonds Upon motion duly made and seconded, it was voted to set the amount of the Town Treasurer bond at $190,000, the Tax Collector bond at $180,000, the Assistant Treasurer bond at $180,000 and the Town Clerk bond at $8,000. Met State Reuse Update Jeanne Krieger gave a history of the Met State Hospital Land Reuse Project that began seven years ago and said the Task Force is now working to execute the Reuse Plan. The three projects need to be developed in parallel. They involve three municipalities, two State Agencies and for Lexington there is the potential of having the single largest residential development that the Town has ever undertaken. The committee has been meeting regularly since last Spring. We have been meeting with the Tri-Community organization as well as the Lexington Task Force to get an understanding of how that process is going to proceed. It is our feeling in Lexington and that of the Tri-Community Task Force that the three projects need to go in parallel. As Waltham is proposing a golf course, we need to understand what things are going to be done in the development, and the RFP to select a developer needs to be something that we will all have to work on in accord. DCPO, which is the State Agency, is going to be the sponsoring organization for the RFP that will select a developer for the two sites. The specifics of that development will be defined by representatives of the three communities and we in Lexington have given some serious thought to the elements of the reuse plan that we think are critical. It is important to emphasize with our neighbors and DCPO that the developer that will be selected will not only have the option of buying the property but will really have the option of coming before the Lexington Planning Board with a proposal for a development that will probably be seeking rezoning and ultimately will be going to Town Meeting. So it is important that as we develop the proposal that we have a good understanding of what the zoning proposal ought to be to meet Lexington’s requirements as well as meet the elements of the reuse plan. We looked at probably six elements of the reuse plan. One has to do with the mix of housing and in accord with the reuse plan there is a strong sense that the project should be devoted primarily to housing for senior citizens with a range of services from independent living to assisted living and at the same time with a component that would allow opportunities for first-time home buyers. In terms of affordability, there is a sense based upon the reuse plan that 25% of the units ought to be affordable including 10% that would be available to clients of the Department of Mental Health. There is a strong feeling that where possible the existing buildings should be rehabilitated and where that is not possible at least we should maintain the open character of the campus. 61-205 Selectmen’s Meeting – August 31, 1998 In terms of support services, there ought to be some support services so that you have a sense of community in the project. Also an understanding that there is need to have some revenue for Lexington. In terms of impact on the community, particularly with regards to traffic – that the traffic coming from that site not have an impact on the normal flow of traffic on Concord Ave. and Trapello Road. The three projects make for a very complex proposal. It will be quite challenging for the developer and I think undoubtedly there will be compromises that will need to be made. But at the same time I believe that it is an important project for Lexington, one that is going to give us the opportunity to address some of its needs for affordable housing as well as a source of revenue. So as we proceed with the RFP I will keep you informed of our progress. Mr. Enrich thanked Mrs. Krieger and former Selectmen Leo McSweeney for their hard work on this reuse project. School Building Project Mr. Enrich welcomed the School Committee, Permanent Building Committee and Finance Committee members to the meeting. As the school year approaches, it is important and timely to have you join us to advise us on the present status of the school capital project. It is important to work together over the next few weeks to draw the best possible public support for the project. School Committee Chair Barrie Peltz spoke of the work of the School Committee and Permanent Building Committee to come to a final project as far as the high school is concerned. The Ad Hoc Committee areas were flagged and the majority of them have been accepted. One major area of concern is the issue of the curtain wall. The School Committee has received a letter from the State that the curtain wall must be replaced. However, they will try to get a meeting with Anderson from the Department of Education in an effort to persuade the Department of Education to not make the curtain wall replacement a requirement for State assistance. Mr. Busa agreed to attend the meeting. The School Committee will be looking at the middle schools using the same process as they used with the high school. HMFH is working on the numbers and should have a good solid number by October 1. The hope is that we may count on the Board of Selectmen and the finance boards to develop a public relations and educational component to get out a town-wide mailing when we get to a consensus figure. Mr. Enrich explained that if we get the numbers by October 1 for a three school project, if we are to proceed with the work on the buildings next spring and summer, we will need action by the Town before the end of this calendar year, both action by Town Meeting and the voters for a 61-206 Selectmen’s Meeting – August 31, 1998 debt exclusion. TMMA Chair Dawn McKenna offered the assistance of the Town Meeting Members Association as a vehicle for disseminating the information to the voter. Mr. Enrich indicated the Board would like to take advantage of TMMA’s offer and would consult with them. Town Meeting member David Kanter asked that the presentation include an explicit statement of the educational program impact. Mr. Enrich thanked the Committee Members present and indicated the Board would be meeting jointly with the School Committee on September 8 at 7:30 to commence the budget preparation and hopefully to come to a consensus on the revenue picture. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of August 10, 1998. Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of August 10, 1998. Change in Manager – Bertucci’s Restaurant Upon motion duly made and seconded, it was voted to approve a change in manager for Bertucci’s Restaurant, 1777 Massachusetts Avenue and issue a new license naming Robert Angelosanto the Manager. DPW/Engineering Project Report Acting Town Engineer Peter Chalpin introduced Engineering staff Jacob Muller, Joanne Bressi, David Carboneau and Peter Karalexis and gave a status report on the work of the Engineering Division on the 41 capital projects totaling $10,967,800 that they are currently administering. Community Strategic Goal Setting - Initiating Committee Mr. Enrich asked the Board members to give him some recommended names for the Initiating Committee. He hopes to have the appointment of the Committee members on the Agenda for the September 22 meeting. Acting Town Manager Upon motion duly made and seconded, it was voted to approve the Town Manager’s appointment of Linda Crew Vine as the Acting Town Manager for the period September 14 through September 21, 1998. 61-207 Selectmen’s Meeting – August 31, 1998 Ladder Truck Repairs Mr. White and Fire Chief John Quinlan explained the need for supplemental funds, possibly lottery funds available for appropriation, for extraordinary repairs made to the Ladder Truck. Middlesex District Attorney Complaint Response Mr. Enrich reported on the response from the Middlesex District Attorney’s office concerning three complaints of alleged violations of the open meeting law. One of the complaints concerned an adjournment and re-convening of a Board of Selectmen’s meeting duly posted and held on March 24, 1997 at 7:00 p.m., adjourned at 8:00 p.m. on March 24 and reconvened on March 25 at 8:30 p.m. The District Attorney’s office determined that the Board violated the open meeting law by not giving 48 hours notice of the reconvened meeting despite the fact that the vote to adjourn was taken in open session with the public and the news media present. The District Attorney’s Office requested that the Board rescind the three votes that were taken at the unposted March 25, 1997 adjourned meeting and in a duly-posted open meeting, vote on the same three issues again. Upon motion duly made and seconded, it was voted to rescind the three votes taken on March 25, 1997. Upon motion duly made and seconded, it was voted 3-1 (Mr. Busa in opposition) that the Sewer Enterprise Fund make an in-lieu of taxes payment of $250,000 to the General Fund in Fiscal Year 1998. Upon motion duly made and seconded, it was voted to actively pursue exploration of an in-lieu of tax payment policy for Enterprise Funds. Upon motion duly made and seconded, it was voted that the Board confirms its previous vote of a Cash Reserve Policy. Passport Acceptance Fee Proposal Town Clerk Donna Hooper reported that the Town Clerk’s Office would like to offer passport acceptance service to Lexington’s citizens and presented a proposal for an execution fee of $15.00 for residents. Upon motion duly made and seconded, it was voted to adopt the fee proposal for passport acceptances as proposed by the Town Clerk. 61-208 Selectmen's Meeting - August 31, 1998 Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Chairman Enrich, Mr. Busa, Mrs. Eddison and Mrs. Krieger to go into executive session for the purpose of discussion of pending litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9:30 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk