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HomeMy WebLinkAbout1999-04-BOS-min61-343 Selectmen's Meeting Minutes April 5, 1999 A regular meeting of the Board of Selectmen was held on Monday, April 5, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:00 p.m. Chairman Enrich, Mrs. Eddison, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna, Mr. Cohen, Town Counsel, Mr. White, Town Manager and Ms. Smith, Executive Clerk were present. Consent Agenda Battle Green Guide License Upon motion duly made and seconded, it was voted to issue a Battle Green Guide License to V. Arthur Katz, 18 Barberry Road. Resignation from Personnel Advisory Board Upon motion duly made and seconded, it was voted to accept the resignation of Jules Pieri from the Personnel Advisory Board. Bond Anticipation Notes and State Aid Anticipation Notes Upon motion duly made and seconded, it was voted to approve the sale of a $2,250,000 3.50 percent Bond Anticipation Note of the Town dated April 15, 1999 and payable October 15, 1999, to BankBoston, N.A. at par and accrued interest, plus a premium of $4,613.63. Upon motion duly made and seconded, it was voted to approve the sale of a $1,395,000 3.09 percent State Aid Anticipation Note of the Town dated April 15, 1999 and payable October 15, 1999, to State Street Bank and Trust Company at par and accrued interest. Y2K Update Recreation Director Karen Simmons, Economic Development Officer Joe Marino, Water/Sewer Superintendent Bill Hadley, Assistant Librarian Connie Rawson, and Assistant Fire Chief Peter Torode updated the Board on steps that had been taken to date and future plans to deal with any unforeseen Y2K problems. Common Victualler's License Upon motion duly made and seconded, it was voted to approve the application and issue a common victualler's license to Peet's Coffee & Tea, Inc. at 1749 Massachusetts Avenue. Article Positions Article 22 - Board members were in support of the proposed changes to Line Items 1200, 2110 and 6100 of the Operating Budget. 61-344 Selectmen's Meeting - April 5, 1999 Article 23 - Board members were in support of the proposed changes to funding of a $400,000 supplemental appropriation to the School Department. Article 30 - Athletic Field Development - Board members were in support of the debt service being paid out of the Recreation Enterprise Fund. Circuit Breaker Legislation Mr. Enrich reviewed two proposed bills to assist taxpayers that are on low or fixed incomes. He feels the legislation is tremendously important to Lexington and to the Commonwealth in general. There was discussion about the differences in the two pieces of legislation, and the limits proposed. Board members agreed to endorse the concept of circuit breaker legislation and leave the rest open to political development. Upon motion duly made and seconded, it was voted to send a letter of endorsement for circuit breaker legislation. Town Manager Reappointments Upon motion duly made and seconded, it was voted to approve the Town Manager's reappointment of David Kelland to the Historical Commission and Bebe Fallick, Dick Wolk and Jere Frick to the Conservation Commission. Minutes Upon motion duly made and seconded, it was voted to accept the minutes of the meeting of March 8, 1999. Mr. Enrich indicated the Board will be taking up the question of whether the Board would take a position to reconsider the Depot Square matter on Wednesday evening. The Board has previously voted 4-1 to go forward with the project. Mrs. McKenna has raised questions and wants to reopen the matter. The discussion on Wednesday will be solely on whether to reopen the matter or not. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk 61-345 Selectmen's Meeting Minutes April 7, 1999 A regular meeting of the Board of Selectmen was held on Wednesday, April 7, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:00 p.m. Chairman Enrich, Mrs. Eddison, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna, Mr. Cohen, Town Counsel, Mr. White, Town Manager and Ms. Smith, Executive Clerk were present. Depot Square Project Mrs. McKenna explained that she had asked for a discussion among the Board members on whether to revisit the Depot Square project. Both she and Mrs. Abbott in the course of campaigning had heard a lot of concern about the proposed plans. Since that time Mrs. McKenna have talked to both the Town Engineer and Ginna Johnson about the biggest concern; namely, traffic impact. While the exit is two-car width, the approach is only one car width. Mrs. McKenna felt she would rather not undertake the project. Mrs. Eddison disagreed and felt the project had been proposed by professionals, received full review by all groups and a consensus had been reached. Mrs. Krieger agreed with Mrs. Eddison. There are other exits including the alley to Meriam Street and the possibility of opening the Meriam Street part of the parking lot. The project has gone through a long-drawn out process. It is the best plan that has come forward after several years. Mrs. Abbott has also spoken to the Town Engineer and indicated she shares concern about the impact of traffic and remains concerned about the traffic on the West side and would be more comfortable with the sidewalk not being narrowed on outgoing side. It wouldn't take very many cars to back up so that other cars can't get in. There are a number of times during the day where that could be a problem. Mrs. Abbott indicated she is less concerned about the project going forward; however, and does not feel the project need be reopened. Mr. Enrich indicated that the Board has voted not once, but twice to proceed with the project as proposed. We need to send a clear message to Mass Highway that the project has real value and should go forward. Mrs. McKenna made a motion to reopen the project. There was no second to the motion. Article Positions Minuteman Vocational Technical High School Board members discussed reducing the assessment amount of the Minuteman line item and decided to support reducing the amount by the maximum while still appropriate the legal limit. 61-346 Selectmen's Meeting - April 7, 1999 Article 31 - Athletic Fields Improvements Recreation Committee member Don Chisholm was present to review the Recreation Committee's plans to take advantage of the State's 59% reimbursement for improvement to the school athletic fields. The initial estimated cost of $1.1 million was reviewed by HMFH and the Permanent Building Committee and revised to $1.7 million. The Recreation Committee estimates that the Recreation Enterprise Fund will pay 20% of the cost that represents the cost of the tennis courts at Clarke and the Center facility. The other 80% would be from the tax levy. Board members decided to take a position on the article at Monday's meeting. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk 61-347 Selectmen's Meeting Minutes April 12, 1999 A regular meeting of the Board of Selectmen was held on Monday, April 12, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:00 p.m. Chairman Enrich, Mrs. Eddison, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna, Mr. Cohen, Town Counsel, Mr. White, Town Manager and Ms. Smith, Executive Clerk were present. Public Discussion President of the Meriam Hill Association David Parker spoke of the desire of the Association to be involved before and during the construction of Depot Square. They would like to be notified in advance of how the process will happen.They would like to be considered about any planning after construction takes place. They want to be involved if any permanent solution is being considered involving Meriam Street. They would like to get a copy of any Board of Selectmen Agenda ahead of any discussion of the project. They were told that the Board's agenda is put on the web site the Friday before the meetings. They were also told that the Town would work closely with the Association. There is still some question about when the State is going to start. They have to select a contractor. The Town will have to designate a person to monitor the project. Mr. Enrich assured the Association that a variety of alternatives would be looked into before Meriam Street is considered. Consent Agenda Water/Sewer Commitments and Adjustments Upon motion duly made and seconded, it was voted to approve the following water/sewer commitments and adjustments: Commitment of water charges for 1/15/99 (cycle 01 and 02) $1,075,459.85 Commitment of sewer charges for 1/15/99 (cycle 01 and 02) $1,843,685.10 Commitment of water charges for 1/26/99 (cycle 03) $703,588.55 Commitment of sewer charges for 1/26/99 (cycle 03) $1,225,955.55 Adjustments of water charges for 2/1/99 to 2/28/99 -$22,017.18 Adjustments of sewer charges for 2/1/99 to 2/28/99 -$31,230.08 Resignation from Design Advisory Committee Upon motion duly made and seconded, it was voted to accept with regret the resignation of Robert Stigberg from the Design Advisory Committee. 61-348 Selectmen's Meeting - April 12, 1999 Provisional License with RCN-Beco Upon motion duly made and seconded, it was voted to approve and sign the Provisional License to RCN-BecoCom., L.L.C. which approval and signatures shall be effective only when RCN- BecoCom., L.L.C. has provided to our Cable TV and Communications Advisory Committee, or its designee, a certificate of good standing acceptable to that Committee, or its designee. Upon motion duly made and seconded, it was voted to authorize the Chairman, upon request from the Cable TV and Communications Advisory Committee to sign advice to the Massachusetts Cable Television Division of the grant of the Provisional License. Upon motion duly made and seconded, it was voted to direct the Cable TV and Communications Advisory Committee, on continued concert with legal counsel - and after all required actions are completed by RCN-BecoCom, L.L.C., under the Provisional License - to negotiate a cable- television Final License for RCN-BecoCom, L.L.C., consistent with the Provisional License, with the provisions of 207 CMR 3.04(1),(2),&(4), and with other obligations of the Town. Article Positions Article 31 - Athletic Fields Improvements Richard Neumier reviewed the proposed plans for a $1.7 million project to make improvements and additions at the athletic fields. The Recreation Committee feels the work on the tennis courts could be covered by the Recreation Enterprise Fund and the remaining 80% would be from the tax levy. The committee felt 20% was a reasonable amount based on fee generating items and this is a one-time opportunity that won't come up again and should not be missed. Mr. Enrich explained that the $1.7 million will not add on to the debt exclusion, but will eat up a bit of the 5% of the budget that the Selectmen were gong to set aside for cash capital. There was much discussion about the proportion of the cost to be borne by the Recreation Enterprise Fund. All Board members were in favor of the $1.7 million project; however, four Board members were in support of the Recreation Enterprise portion being no less than 20% and Mrs. McKenna was in favor of the Enterprise Fund supporting the full $1.7 million. Class I License Renewal Upon motion duly made and seconded, it was voted to approve the application and issue a Class I license to Auto Engineering, 436 Marrett Road. 61-349 Selectmen's Meeting - April 12, 1999 Minutes Upon motion duly made and seconded, with minor corrections being made, it was voted to accept the minutes of the meetings of March 15 and March 22, 1999. Upon motion duly made and seconded, it was voted to adjourn at 7:52 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk 61-350 Selectmen's Meeting Minutes April 26, 1999 A regular meeting of the Board of Selectmen was held on Monday, April 26, 1999 in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna, Mr. White, Town Manager and Ms. Smith, Executive Clerk were present. Public Comments Mrs. Krieger announced that there is a local group organizing a relief drive for Kosovo refugees. The group consists of businesses, high school students, civic organizations and clergy that are encouraging residents to give a day's pay some time in May to aid Kosovo refugees. An account has been set up at Cambridgeport Savings Bank. This is an important civic response coming out of Lexington and it makes us very proud to be part of this community. Consent Agenda Arbor Day Proclamation Upon motion duly made and seconded, it was voted to sign a proclamation declaring April 30, 1999 as Arbor Day. Executive Session Minutes Upon motion duly made and seconded, it was voted to release the following executive session minutes for public inspection: February 3, 1994, March 21, 1994 (two meetings), March 28, 1994, July 25, 1994, July 26, 1994, November 7, 1994, November 14, 1994, November 18, 1994, November 28, 1994 (litigation matter only), January 4, 1995, January 23, 1995, February 6, 1995, March 13, 1995 (two meetings), March 20, 1995, May 17, 1995, June 26, 1995, October 30, 1995, December 4, 1995, March 18, 1996, April 10, 1996, April 16, 1996, April 20, 1996, July 1, 1996, September 30, 1996, February 3, 1997, February 24, 1997, March 17, 1997, May 19, 1997 (litigation only), June 2, 1997, June 30,1997 (litigation only), and January 26, 1998 (litigation only). Conservation Restriction Upon motion duly made and seconded, it was voted to approve the request of the Conservation Commission for a conservation restriction over a portion of the lot at 57 Solomon Pierce Road. Minutes Upon motion duly made and seconded, with Mrs. McKenna abstaining, it was voted to approve the minutes of the meeting of March 24, 1999. 61-351 Selectmen's Meeting - April 26, 1999 Executive Session Minutes Upon motion duly made and seconded, it was voted to approve the executive session minutes of the meeting of March 15, 1999. Appointment - Historic Districts Commission Associate Member There were two nominations from the Library Trustees for Associate Member of the Historic Districts Commission to fill one vacancy. Mrs. McKenna spoke of her desire to take advantage of new applicants and felt Mr. Joel Slotkin would be a good addition to the Commission. Board members agreed that both candidates were very well qualified. Mr. Enrich spoke of Dan Fenn's deep commitment and his ability to work through a process and bring consensus and resolution. Mrs. McKenna's motion to appoint Joel Slotkin was not seconded. Upon motion duly made and seconded, it was voted 3-1 (Mrs. McKenna opposed) to appoint Dan H. Fenn, Jr. an Associate Member of the Historic Districts Commission. LEXPRESS Contract Nancy Kolb reviewed the cost/benefit analysis she had prepared on three vehicles and reviewed the Transportation Advisory Committee's recommendation of the proposed new LEXPRESS Bus, the Bluebird Transhuttle vehicle. Fletcher Avenue Board members discussed the subsidiary motion to refer to a committee the subject of Article 17 of the 1998 Annual Town Meeting. Article 17 proposed to transfer the portion of Lot 170A on Assessor's Property Map 48 not currently used for school or parking purposes to the Conservation Commission. The committee is to consist of not less than five and not more than nine members to be appointed by the Selectmen. It should include representatives from the sponsors of Article 17 as well as one member each to be designated by the Conservation Commission, the Center Committee, the School Committee and the Planning Board. Board members also talked about appointing a Selectman, a member of the Capital Expenditures Committee, the Recreation Committee and the Permanent Building Committee. It was also felt that either the Selectman or Planning Board member should act as chair of the committee. Mr. Enrich indicated he would be contacting each of the chairs to ask for a nomination and also asking for a recommendation from the sponsors of the article. Mr. White will put a charge to the committee together. 61-352 Selectmen's Meeting - April 26, 1999 Committee Member Appointment Process Mr. Enrich indicated that the Recreation Committee would like to have Jeanne Krieger as the Selectmen liaison and Mrs. Krieger has indicated her willingness to do so. Mr. White is also planning to reconvene the "Gang of Eight" to start planning for fiscal matters that lie ahead. Mr. Enrich felt that because of Mrs. Krieger's previous involvement in the group that he would like to see her continue and he will also continue with the group. Mrs. Abbott volunteered to be an alternate member. Mrs. McKenna offered to represent the Selectmen at the Little League Parade on Saturday. Board members also agreed to sponsor a school team at the Spelling Bee this year. Executive Session Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mr. Enrich, Mrs. Krieger, Mrs. Abbott and Mrs. McKenna to go into executive session for discussion of land acquisition with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m. A true record, Attest: Phyllis A. Smith Executive Clerk