HomeMy WebLinkAbout1998-12-BOS-min 61-241
Selectmen's Meeting Minutes
December 7, 1998
A regular meeting of the Board of Selectmen was held on Monday, December 7, 1998 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mr. Fenn, Mr.
Busa, Mrs. Eddison, Mrs. Krieger, Mr. White, Town Manager and Ms. Smith, Executive Clerk
were present.
Consent Agenda
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 an auction at Heritage Hall, 177 Bedford
Street on Saturday, January 9, 1999.
Appointments/Reappointments
Cable TV & Communications Advisory Committee
Appoint David Balsom for a three-year term ending September 30, 2001.
Reappoint David J. Buczkowski for a three-year term ending September 30, 2001.
Reappoint Jane B. Gharibian for a three-year term ending September 30, 2001.
Reappoint David G. Kanter for a three-year term ending September 30, 2001.
Appoint Bret Kinsella for a three-year term ending September 30, 2001.
Reappoint Robert D. Warshawer for a three-year term ending September 30, 2001.
LexHAB
Reappoint Marshall Derby for a three-year term ending May 31, 2001.
Reappoint David F. Eagle for a two-year term ending May 31, 2000.
Reappoint William C. Hays for a two-year term ending May 31, 2000.
Reappoint Martha Wood for a two-year term ending May 31, 2000.
Lexington Bicycle Advisory Committee
Appoint James H. Wichmann for a two-year term ending September 30, 2000.
1999 License Renewals
Upon motion duly made and seconded, it was voted to approve the following 1999 license
renewals:
Class I, II and III Sale of Used Cars
New England Transit Sales, Inc.
Lexington Auto Sales
Raul Calero
John P. Carroll Company, Inc.
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Selectmen's Meeting - December 7, 1998
Coin Operated Machines License
Josiah Willard Hayden Centre (4 licenses)
Lexington Lodge #2204 BPO Elks (2 licenses)
Lexington V.F.W. 3 007 (2 licenses)
Common Carrier
Boston Tours, Inc. (2 licenses)
Common Victualer
Aesops Bagels, Inc.
Bertucci's
Dabin Restaurant
Fife and Drum Restaurant/Grill
Lemon Grass
Lexington Golf Club
Lexington Lodge #2204 BPO Elks
Mario's
Peking Gardens
Stone Soup Grill & Café
The Hartwell House
Vinny Testa's
Yangtze River Restaurant
Entertainment
The Hartwell House
Innkeeper
Battle Green Inn
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
November 23, 1998.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of November 16, 1998.
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Selectmen's Meeting - December 7, 1998
Meeting With Governor Cellucci
Mr. Fenn reported that the HATS Selectmen, representatives of ShhAir, HFAC, HART and
Nancy Nelson from Minuteman National Historical Park have asked for a meeting with Governor
Cellucci concerning the Memorandum of Understanding with Massport. There has been some
confusion between HATS and the Governor's office and it looks as though there will be three
selectmen at the meeting. If any of the Board members would like to give some input into the
meeting they were asked to let Mr. Fenn know.
Property Tax Classification Hearing
Mr. Enrich opened the tax classification hearing advertised in the November 25, 1998 issue of the
Lexington Minute-Man.
Board of Assessors members William Jackson and Robert Foster and Town Assessor Joe Nugent
were present to review the property tax classification options available under Massachusetts
General Laws. They also noted that there was significant new growth in both the commercial and
residential properties.
Upon motion duly made and seconded, it was voted to maintain the CIP factor at 1.70 for Fiscal
Year 1999.
Budgets
Mr. White reviewed plans to examine two of the eight "out of the box" issues for Fiscal Year
2000. They will be looking at contracting out pool maintenance and one area of service
consolidation.
Selectmen/Capital Budget/Public Works
John Ryan presented the Selectmen's Budget request. Candy McLaughlin, George Woodbury,
Karen Simmons and John Quinlan reviewed the Capital requests for Fiscal Year 2000. George
Woodbury reviewed the Public Works operating budget requests and Nancy Kolbe reviewed the
Transportation Services proposed budget.
Paul Hamburger urged the Board to do whatever is necessary to turn the street lights back on for
all residents. Mrs. Eddison urged that the time to turn them on is now. Mr. Busa asked George
Woobury to have DPW check and make sure that some of the lights that are off may be burned
out.
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 Minutes
December 14, 1998
A regular meeting of the Board of Selectmen was held on Monday, December 14, 1998 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mr. Fenn, Mr.
Busa, Mrs. Eddison, Mrs. Krieger, Mr. White, Town Manager, Mr. Cohen, Town Counsel and
Ms. Smith, Executive Clerk were present.
Public Comments
Mr. Fenn announced that he will not be running for a third term next year. Fellow Board
members expressed their individual praises and thanks to Mr. Fenn for his tremendous
contributions to the Town. Mr. Fenn said he did not intend to "fade away" but to continue to be
active in Town.
Mr. Steve Tripi asked Town Counsel if anything can be done to limit the number of times a
special election can be called on a project once it has been defeated. Mr. Cohen responded that
nothing can be done at the local level. Town meeting would have to petition the Legislature.
Mr. Byron Blanchard inquired as to when the Executive Session minutes for a meeting in 1992
would be released for public inspection since as he had been informed by the plaintiffs attorney
that the case had been settled. Mr. Cohen responded that there is a procedure to go through
before the minutes can be released. The minutes will be released as soon as these matters are
completed.
Consent Agenda
Upon motion duly made and seconded, it was voted to approve the use of Accu Vote ES-2000
for all elections beginning with the March 1, 1999 Annual Town Election. It was further voted
to instruct the Town Clerk to transmit notification of the vote to the Office of the Secretary of
State.
Parking Spaces at 100 Waltham Street
A request from the developer of a new home at 100 Waltham Street to eliminate two metered
spaces on Waltham Street had been referred to the Lexington Center Committee for a
recommendation. The Lexington Center Committee after reviewing the request recommended
that the Board approve the elimination of one metered parking space. The Center Committee has
been in touch with the developer concerning their recommendation to the Board and the
developer has since adjusted his design of the driveway requiring only the one metered space.
Upon motion duly made and seconded, it was voted to grant permission for the elimination of
one space at 100 Waltham Street.
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Selectmen's Meeting - December 14, 1998
Class II License
Upon motion duly made and seconded, it was voted to approve the request and issue a Class II
License to Ilaj Abdelaziz, 14 Ridge Road, for the buying and selling of used cars at auction,
provided that no cars be stored at 14 Ridge Road.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
November 30, 1998.
Budgets
Planning Board
Planning Board Chairman Fred Merrill and Planning Director Bob Bowyer reviewed their budget
request for FY2000. They explained a major request to fund the hiring of a consultant to assist
them with their comprehensive plan.
Overall Budget Issues
Mr. White reviewed the big picture and indicated he would be talking to individual selectmen to
get feedback on proposed budget cuts, plans to not fund any supplemental requests with the
exception of the Planning Board and the spread of the new revenue before he submits his By-
Law budget to the Board on January 15.
Board Members asked about the supplemental requests for Patriot's Day 2000 and Mr. Busa
reported that it is the intent of the Lexington Commission 2000 to raise enough funds to fully
support the 2000 celebrations without requesting any Town funds. All Town services related to
2000 celebrations will be paid for by these funds.
Mr. White also responded to a question that all contract settlements for FY2000 are in the budget
request. These settlements include Police, Fire and DPW.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mrs. Eddison, Mr.
Fenn, Mr. Enrich, Mr. Busa and Mrs. Krieger to go into executive session for the purpose of
discussing land acquisition 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
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Selectmen's Meeting Minutes
December 21, 1998
A regular meeting of the Board of Selectmen was held on Monday, December 21, 1998 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mr. Fenn, Mr.
Busa, Mrs. Eddison, Mrs. Krieger, Mr. White, Town Manager, Mr. Cohen, Town Counsel and
Ms. Pease, Assistant to the Executive Clerk were present.
Public Comments
Mr. Michelson has a number of concerns about the redesign of Emery Park/Depot Square. The
first concern is two Norwegian Maples and all the other trees presently there that are slated to be
removed. The plan calls for 2.5-inch trees to be planted to replace those trees that are removed.
The second concern is the elevation change at the Mass. Avenue end of the park from level to a
step up to three feet and a slope down in back. Mr. Michelson questions the safety of this
change. The third concern is the curb cut off Mass. Avenue and whether or not fire vehicles and
delivery trucks will have enough room to turn the corner.
The Board did not realize the trees were being removed.
Mr. Kelley feels it is not in Lexington's nature to remove beautiful mature trees from a public
place. We need to stop it before it becomes a real disaster.
Mr. Enrich stated there had been a very lengthy process for the design of the park, but felt it
would be worthwhile for the Board to look into the history and what the decision making was
before responding.
Mr. White says it is important to understand where we are in the process. We had a very long
series of public participation sessions in which several parties came to consensus on the redesign
of Depot Square. It has been clear from the beginning to eliminate the unindigenous trees and to
design the park so it could be properly utilized. Mass Highway is in the process of bidding the
proposal that was reviewed and signed by all parties involved.
Mr. Busa requested Mr. White to contact Mass Highway to see what can be done. He feels Mass
Highway has listened to changes in the past. Mr. Fenn suggests talking to the architect Carol
Johnson, also.
Ms. Fields, who sits on the Chamber of Commerce and Lexington Center Committee, attended
the public participation meetings and stated there was never any mention of the trees being
removed. Most of the conversation was on traffic flow and merchant concerns about sidewalks
and flow of people.
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Selectmen's Meeting—December 21, 1998
Water/Sewer Rates
Mr. White authorized public works to solicit bids to have a utility rate and finance expert come
and look at our rate structure and make recommendations. This came about because of two
major policy decisions made by the Board during the last three or four years. One being to use
the first two block rates for the lower user as subsidy to try to provide some affordable weight for
low end water and sewer users who might possibly be the people in the most need. Second, a
decision to take a long-standing policy that did not allow second meters for water sprinkling and
allow that to happen. We now have three years of history with those two actions and as a result
of that some of the fiscal integrity of the water and sewer fund has been compromised and we
really are fortunate that we engaged Woodcock and Associates, specifically Chris Woodcock to
look at our rate structure. He is proposing a set of solutions for you to consider tonight.
Mr. Hadley reviewed with the Board the recommended water/sewer rates for the next two fiscal
years, bringing us to the spring of 2000. The recommendation will allow the rates to remain as
they are for this coming billing cycle and reflect the increases in the spring of the 1999 billing
cycle. If this recommendation is implemented it would allow the rates to remain the same for the
last three billing cycles; the two cycles in FY 98 and the first billing cycle in FY 1999. They will
also allow us to keep the following three billing cycles (the 2nd FY 1999 and FY 2000) the same.
We will have a consistency of 18 months of the same water/sewer rates. It is recommended
reducing the blocks to 4 by combining the first two blocks into one block. The new block rate
would be set to recover the MWRA water and sewer assessments to us. We are recommending
establishing a low-income discount for customers who can demonstrate eligibility. We also are
recommending charging the irrigation meters at a separate rate taken from the highest rate and
also raising the pilots in the rates this year.
Initiating Committee Update
Mr. Quezada thanked the Board for inviting him to their meeting. His purpose is to let the Board
know what the Initiating Committee is up to. The mission of the Initiating Committee is to lay
the foundation for the community-based strategic goal-setting process. The success of our
activities has been in large part due to the excellent membership. They are: Chuck Benson,
Helen Cohen, Clark Cowen, Robin DiGiammarino, Peter Enrich, Alan Lazarus, Peter Lee, Fred
Merrill, Peggy Perry, Marjorie Platt, Fernando Quezada, Rick White and staff members Michael
Baker and Beth Anne Sobieszczyk. The Committee meets every other Friday morning.
The Committee has set up an outline of tasks and set up working subcommittees to develop
initial design of structure and process of the goal setting effort. Developing instruments (letters
and information forms) for identifying and recruiting community participants is a very key
aspect where things have to be set in place before we go out to the general public. Articulated
criteria are necessary to ensure diversity in community representation in a strategic goal-setting
effort. We need to review resources available, resources needed, and experiences of other towns.
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Selectmen's Meeting—December 21, 1998
The continuing tasks include arrangement for the possible use of consultants, the steering
committee formation, the stakeholders group formation, and suggesting key issue areas for the
stakeholder subcommittees.
1999 License Renewals
Upon motion duly made and seconded, it was voted to approve the following 1999 license
renewals:
Class I, II and III
Lexington Toyota Sales, Class I
Dr. Paul E. Bombara, Class II
Amas Enterprises, Class III
Coin Operated Machines
Roy Rogers Restaurant (4 machines)
Common Carrier
Joseph's Limousine Service
Common Victualler
Alexander's Pizza
Athenian Restaurant
Bruegger's Bagel Bakery
Café Japonaise
Dagwood's Deli
Denny's Restaurant
Dunkin Donuts (141 Mass. Avenue)
Dunkin Donuts (373 Waltham Street)
Friendly's (66 Bedford Street)
Friendly's (1060 Waltham Street)
Ginberbread Construction Co.
Holiday Inn Express
Lexington Creamery, Inc.
Lexington House of Pizza
Nick's Place
One Meriam
Roy Rogers Restaurant
Sheraton Lexington Inn
Starbucks Coffee
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Selectmen's Meeting—December 21, 1998
Common Victualler (concluded)
The Lexington Club
Wildberry Deli
Innkeeper
Holiday Inn Express
Lodging
Wild Acre Inn
Appointments/Reappointments
Upon motion duly made and seconded, it was voted to appoint Olga Veronina to the Design
Advisory Committee for a one-year term to expire September 30, 1999.
Upon motion duly made and seconded, it was voted to reappoint Lynn Hopkins to the Historic
Districts Commission representing the Arts and Crafts for a 5-year term to expire December 31,
2003.
Upon motion duly made and seconded, it was voted to reappoint Ian Adamson to the Historic
Districts Commission representing the Lexington Historical Society for a 5-year term to expire
December 31, 2003.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
December 7, 1998.
Consent Agenda
Extension of Hours of Business to Serve Alcohol on New Year's Day
Upon motion duly made and seconded, it was voted to approve requests for extension of hours of
business on New Year's Day until 1:00 a.m. subject to the Town Manager's granting such
permission, if he and the Police Chief agree it is appropriate.
One-Day Liquor License—Armenian Sisters' Academy
Upon motion duly made and seconded, it was voted to approve the request of the Armenian
Sisters' Academy for a one-day liquor license for Saturday, February 6, 1999 from 8:00 p.m. to
12:00 midnight.
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Selectmen's Meeting—December 21, 1998
Free Cash—Cash Capital Policies
Mr. White wanted to verify that there is general consensus of the Board about a direction that
would create a moratorium on a 10-year plan of moving toward generating 5% of the tax levy as
a cash return. Since we are making a 10-year program an 11-year program, it could mean
keeping the free cash balance for Fiscal Year 2000 at $864,397 for one more year. That would
allow us to balance the budget by retaining the integrity of the free cash policy and making a
statement to the community that the policy is important, that we have not deviated from your
concern about accumulating a cash reserve, and that you recognize that the upcoming budget
year is going to be difficult. Mr. White also recommends the allocation for cash capital be
reduced from $1,078,000 to $544,184. A good portion of that will go toward funding the need
for the ladder truck.
Ms. Eddison is concerned about the sidewalks in the center of town. They are in bad shape and
feels the town will be sued at some point if they are not repaired.
Mr. Busa feels something like this has to be done. What assurance can we give to citizens who
don't want to see this program deferred one year that it won't turn into a 12-year program next
year? How will we as a Board assure the citizens that we feel strongly about keeping this
program in tact when it is changing to an 11-year program.
Mr. Enrich feels it is important to understand that even with this one-year moratorium on further
infusions into the free cash buildup that we are still going to have less free cash available for
budgetary purposes this year than we did last year. What is happening is a change from the
amount we had available. We are doing the right thing in scaling back how much we rely on free
cash for budgetary purposes that should put us in a position where next year we can get back on
the task of building that balance up. In the past, when we have had years where the inflows have
been relatively small what we have done is lowered the balance in free cash below where it had
been initially so we could keep up the spending levels just to stay at a stable level.
Mr. Busa feels a large group will have to be convinced at town meeting.
Mr. Fenn shares Mr. Busa's concern that the use of free cash each year over a number of years to
solve difficult budget problems is a very dangerous thing to do. We have established this policy
and need to maintain it. It is awfully easy to reach for that free cash when you need it. I hope
we make it very plain to the community and town meeting that the policy is in place and we are
not going back to our old ways.
Mr. Hamburger, Precinct 5, asked about the number that Mr. White presented. They sound like
they are intended to balance the budget. Is there some assumption about the schools operating
budget?
Mr. White stated yes.
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Selectmen's Meeting—December 21, 1998
Cemetery Regulations Proposal
Mr. Woodbury stated that there was recently a settlement in regards to the issue of the Town of
Lexington being the sole provider of burial vaults and grave boxes. In order to implement that
settlement, it was necessary for us to review the policies of the cemetery operating requirements
and to propose some changes to those so that we can implement the settlement agreement
quickly and as smoothly as possible.
Mr. Woodbury has attempted, in the following requirements to protect the town from liabilities.
Since we are going to have other people operating on town property, we have to insure that this
doesn't create a liability on the part of the town arising from their activities. We have included
language that requires certain minimum insurance coverage and indemnification of the town.
First, the boxes that will be installed have to be of a certain strength so that we don't wind up
with one of them collapsing later from either ground pressure or vehicles traveling over the top
of them.
Second, we wanted to insure that the town did not incur additional costs that we don't currently
have as a result of others operating on the Town property. Therefore, it is necessary to
implement certain policies to protect the Town's turf and the other grave markers from damage.
Third, we wanted to establish reasonable fees and the fees are essentially the same fees we
currently charge for the same service. The one difference will be when someone else installs
vaults and boxes, we will be required to have a person to oversee that operation to insure they are
meeting all the safety requirements and are complying with the requirements we have established
to protect the Town's liability and the Town's interests.
Mr. Woodbury provided the Board with a proposal and would be happy to answer any questions.
Upon motion duly made and seconded, it was voted to adopt the cemetery installation
requirements as detailed in the December 17, 1998 memorandum from Mr. Woodbury.
Hennessy Field Committee Report
Mr. Colman presented a summary of the status of the Hennessy Field Ad Hoc Committee. One
of the problems that was uncovered is that many of our fields are either too wet in the spring or
too dry in the fall, and others have unique drainage problems. It is not the number of fields, but
the usability of them that plays into the Committee's recommendations.
The first recommendation is that Hennessy Field should be placed under the jurisdiction of the
Conservation Commission. The Committee recommends that the Conservation Commission
prepare a warrant article for the 1999 Town Meeting to effectuate the change in jurisdiction.
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Selectmen's Meeting—December 21, 1998
The second recommendation is that the Committee supports a minimum of one additional field
and the funding to execute that in this budget cycle. The preferred location of that field is
Harrington School.
The third recommendation is the need for additional funds for the DPW Parks Department to
improve the condition and maintenance of existing athletic fields. Improvements include better
drainage and irrigation, where appropriate. In addition, the Committee has, in collaboration with
Mr. Gilbert, developed guidelines for field use and maintenance.
The Committee report will also outline some mid-term and longer-term ideas for fields. For
example, Clarke School, Landfill on Hartwell Avenue, Middlesex Hospital, and some others.
Mrs. Eddison asked if there was an idea of the dollar amount needed to improve the existing
fields.
Mr. Gilbert's estimate is $75,000 per year.
Mr. Enrich asked for the exact location of the new recommended field at Harrington.
If you were standing on the Lowell Street side of the Harrington School with the senior housing
to your right, the field would be the wooded area immediately across from it and extending into
the open area between the woods and Harrington School. The cost of the field is approximately
$165,000.
Mr. Enrich also wanted to make sure the report would include the rationale behind the need for
an additional field to answer Town Meeting Members' questions from last year.
Mr. Colman said the report would include the rationale for an additional field.
Mr. Fenn asked if the neighbors of Harrington School had been talked to about a possible field
there. Mr. Colman said no.
Mr. Fenn also asked about the possibility of fields at Hanscom. Mrs. Krieger checked into that
last summer and was told they have the same problem, not enough usable fields. Mr. Fenn feels
the Committee should contact Massport about possible field use.
Mr. Hamburger asked about the tradeoff between getting an optimum maintenance program
versus a new field; that information would be useful if included in the report.
Mr. Busa asked whether this would be taken in under the enterprise fund. Are the expenses
associated with it going to be covered by user fees?
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Selectmen's Meeting—December 21, 1998
The intent on the initial warrant article to construct the field was to be a tax levy item, not a
recreation enterprise item. Being part of the policy that was implemented a couple of years ago,
those programs that are income generated would be paid for out of enterprise and those not
income generated would be through a tax levy.
Recreation/Capital Budget
Recreation Committee member Dick Neumeier presented a Capital proposal that would
hopefully save the taxpayers significant sums of money. The Recreation Committee reviewed
the needs at the Jonas Clarke Middle School, William Diamond Middle School, and the
Lexington High School. The estimated renovations at Clarke is $299,000; Diamond is $108,000;
and High School is $492,500. The total is $899,500. With the 59% reimbursement from the
State, the savings to the taxpayers over the life of the proposed projects would be $530,705.
Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m.
A true record, Attest:
Lynne A. Pease
Assistant to the Executive Clerk