HomeMy WebLinkAbout1999-08-BOS-min 61-392
Selectmen's Meeting Minutes
August 16, 1999
A regular meeting of the Board of Selectmen was held on Monday, August 16, 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; Mr. Cohen, Town Counsel; and Ms.
Smith, Executive Clerk were present.
Consent Agenda
Water/Sewer Commitments
Upon motion duly made and seconded, it was voted to approve the following water/sewer
commitments:
Commitment of water charges for 5/1/99 to 5/31/99 $4,518.85
Commitment of sewer charges for 5/1/99 to 5/31/99 $12,541.36
Commitment of water charges for 6/1/99 to 6/30/99 $2,980.42
Commitment of sewer charges for 6/1/99 to 6/30/99 $6,811.29
Commitment of water charges for 6/7/99 (cycle 9) $89,028.42
Commitment of sewer charges for 7/9/99 (cycle 9) $98,815.30
Petitions to Legislature for Special Acts
Upon motion duly made and seconded, it was voted to petition the General Court for an Act in
accordance with the vote of Article 15 of the 1999 Annual Town Meeting.
Upon motion duly made and seconded, it was voted 3-0 (Mrs. McKenna abstained) to petition
the General Court for an Act in accordance with the vote of Article 14 of the 1999 Annual Town
Meeting.
Use of Battle Green
Upon motion duly made and seconded, it was voted to approve the use of the Battle Green for
the Lexington Preschool PTA's Annual Halloween Parade on Saturday, October 30 from 8:30
a.m. to 10:00 a.m. with a rain date of October 31.
Boston Edison Grant of Location- 25 Fairbanks Avenue
Boston Edison Representative Carol McManus was present to petition for a grant of location for
conduit to be installed underground to provide electric service to 25 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: Install conduit, southwesterly
approximately 430 feet east of Tufts Road, a distance of about 16 feet.
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Selectmen's Meeting - August 16, 1999
Boston Edison Grant of Location - 184 Grant Street
Ms. McManus reviewed the petition from Boston Edison for a grant of location to install conduit
to provide underground electric service to 184 Grant 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 Grant Street: Install conduit, westerly, approximately 280
feet southwest of Saddle Club Road, a distance of about 16 feet.
RCN-BecoCOM,LLC Grant of Location - Town-wide Aerial Fibre Optic Cabling
Rights of Way Manager for RCN-BecoCOM, LLC Barry Maffini was present to review the
petition of RCN to add a new line to existing poles in the public ways or private ways throughout
the Town of Lexington.
Mr. White advised the Board that RCN has made a significant contribution toward the work to
relocate the utility wires underground on Bedford Street near the Minuteman Statue and to
participate in a beautification project to make the area an attractive entryway into the Center of
Town.
Upon motion duly made and seconded, it was voted to grant permission to RCN-BecoCOM,
LLC in accordance with the Town of Lexington Administrative Policies and Directives and
Massachusetts General laws to add a new line to existing poles in the public ways and private
ways throughout the Town of Lexington as shown on "Strand Plans" dated 9/29/1998.
Resignation from CATV and Communications Advisory Committee
Upon motion duly made and seconded, it was voted to accept the resignation of Gustavo Bottan
from the Cable TV and Communications Advisory Committee.
Appointment of Election Officers
Upon motion duly made and seconded, it was voted to appoint the 71 individuals named in the
Town Clerk's memo dated July 29, 1999 as election officers for a one-year term beginning
September 1, 1999.
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Selectmen's Meeting - August 16, 1999
Appointment of Fletcher Street Land Use Referral Committee
Upon motion duly made and seconded, it was voted to appoint the following to the Fletcher
Street Land Use Referral Committee: School Committee Rep. Fred Rosenberg, Conservation
Commission Rep. Bebe Fallick, Article 17 Sponsors Cindy Savage and Ted Page, Center
Committee Rep. David Williams, and Selectmen Rep. Cathy Abbott who will chair the
Committee.
It was further noted that a Subsidiary Motion sponsor and Planning Board Rep. would be
appointed at the next meeting.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
July 12, July 13, July 26 and July 27, 1999.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meetings of July 12 and July 26, 1999.
Selectmen's Gift Account- Hanscom
Mr. White explained a need as well as a desire among many citizens to establish a Selectmen's
Gift Account to help defray the costs associated with efforts at deterring the expansion of
aviation use at Hanscom.
Upon motion duly made and seconded, it was voted to establish a Selectmen's Gift account to
help defray the costs of legal or other professional services associated with the HATS and/or
Lexington efforts at deterring expansion of aviation use/activity at the Hanscom/Massport
aviation facility.
Budget- Out of the Box Items
Mr. White reviewed several "out of the box" proposals identified during the FY2000 budget
process. These are ideas that do not fit into traditional models for change or enhancements to
town programs.
There was much discussion over the prioritization of three areas described by the manager as
ripe for examination: the creation of a special retail service district (in the center of Town) and
enhance tourism efforts; consolidation of services; and the creation of an innovations fund to
allow the pursuit of school and town budgetary revenue/program saving innovations.
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Selectmen's Meeting - August 16, 1999
It was decided to request that the manager make the consolidation efforts a priority for FY2001
and that pursuing the other two would be over a longer period of time.
Transfer of Pine Meadows Enterprise Accounting Responsibility to Recreation
Mr. White reviewed a desire at this time to transfer the accounting responsibility of the Pine
Meadows/Recreation Enterprise Fund from the Public Works Department back to the Recreation
Department.
Upon motion duly made and seconded, it was voted to approve the Town Manager's
recommendation to return the accounting responsibility for the Pine Meadows Golf Course
operation to the Recreation Department.
Council on Aging Reappointments
Mr. White asked the Board to approve his plans to reappoint Jacqueline Davison and Annette
Kriebel to the Council on Aging.
Mrs. McKenna expressed her concerns that the Board hasn't been seeing any new candidates in
the Town Manager's appointments. Mr. Enrich and Mrs. Krieger expressed support for the
manager's recommendations and felt it was the Board's decision to either approve or not approve
his recommendations.
Upon motion duly made and seconded, it was voted 3-0 (Mrs. McKenna abstained) to approve
the Town Manager's reappointment of Jacqueline Davison and Annette Kriebel to the Council on
Aging.
Sidewalk Café Permit - Peet's Coffee & Tea
Mr. White reviewed plans to approve the request of Peet's Coffee & Tea to have four tables and
and eight chairs on the sidewalk to service their customers. They have complied with all
requirements such as insurance forms and rental costs.
Mrs. Abbott questioned the space availability in front of Peet's to accommodate four tables and
eight chairs.
Upon motion duly made and seconded, it was voted to approve the request of Peet's Coffee &
Tea for up to four tables and up to eight chairs on the sidewalk in front of the establishment to
serve its customers.
Lexpress Anniversary Celebration
Mrs. Kolb reviewed plans to celebrate the 20th anniversary of the Lexpress operation during
week of September 13 through the 19th.
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Selectmen's Meeting - August 16, 1999
They would like to roll back the fares to the original level of 250 per ride, 100 for seniors and
transfers for the six day period. It is anticipated that an expected loss of revenue for the week in
the amount of$900 will be recouped during the year.
Upon motion duly made and seconded, it was voted to approve the request to roll back Lexpress
fares to 250 per ride and 100 for seniors and for transfers during the six day period from
September 13 through September 19, 1999.
Meeting Schedule
It was agreed to direct the Executive Clerk to post the following meetings through December:
September 27, October 18,November 1, 8, and 22, December 6 and 13, 1999.
Selectmen Reports
Mrs. Abbott reported on the LexHAB open house that she, Jeanne Krieger and Peter Enrich
attended for the new house on Spencer Street. Many of the neighbors were there and commented
on the house being better than they had expected. The house sits in very well in the
neighborhood.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mr.
Enrich, Mrs. Krieger and Mrs. Abbott to go into executive session for the purpose of discussion
of litigation and collective bargaining with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:05 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
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Selectmen/School Committee Meeting Minutes
August 30, 1999
A joint goal setting meeting of the Board of Selectmen and School Committee was held on
Monday, August 30, 1999 in Estabrook Hall, 1605 Massachusetts Avenue at 4:30 p.m.
Selectmen Chairman Enrich, Mrs. Eddison, Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; School
Committee Chairman DiGiammarino, Mrs. Peltz, Mrs. Elberger, Mr. Rosenberg; Mrs.Ruane,
School Superintendent; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Ms. Smith,
Executive Clerk were present.
Also in attendance were representatives from the Finance Committees, Senior Management
Team members and the Town Moderator.
Mr. Enrich and Mrs. DiGiammarino expressed appreciation for all the time and effort of the
School Committee and Selectmen representatives and Town staff working behind the scenes to
come up with a collaborative effort to define the challenges ahead to meet the needs for the
FY2001 budget.
There has been no more information that would change the July figure of an estimated $2.7 to $3
million increase in revenues.
The first step is to ask the School Superintendent and Town Manager working together to come
up with an analysis of making an approximate $1,000,000 reduction in an anticipated
expenditure increase of$7.2 million.
There was much discussion about the timeline for the budget process and identification and
much needed publicity in explaining the need of an anticipated operating budget override next
spring. It was also agreed that there is a need to explain the budget cuts and impacted
programs/services that have taken place in previous years.
There was much discussion about the capital budget needs and in particular the street
construction and resurfacing.
Mrs. DiGiammarino reviewed a possible timeline anticipating a late May override vote after
Town Meeting; a Town Meeting start date of March 27 and the possibility of finishing the
financial articles in six sessions; another meeting of the School Committee and Board of
Selectmen in November after the Superintendent and Town Manager come back with proposed
cuts and getting preliminary numbers by early December. The School Committee will have a
projected enrollment figure in October. There will be a window between December and January
to hold public hearings and budget presentations.
Upon motion duly made and seconded, it was voted by the School Committee to adjourn at 5:58
p.m.
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Board of Selectmen/School Committee Meeting - August 30, 1999
The Board of Selectmen recessed the meeting and invited anyone who wished to join them for
dinner and reconvened at 7:30 p.m.
A true record, Attest:
Phyllis A. Smith
Executive Clerk
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Selectmen's Meeting Minutes
August 30, 1999
A regular meeting of the Board of Selectmen was held on Monday, August 30, 1999 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Enrich, Mrs. Eddison,
Mrs. Krieger, Mrs. Abbott, Mrs. McKenna; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; and Ms. Smith, Executive Clerk were present.
Citizen Comments
Mr. Nicholas Hay of Valley Road complained about youthful cyclists riding on the sidewalks
and said he felt there should be signs put up in the Center of Town saying there should be no
bicycles on the sidewalks. Mrs. Eddison responded that the Center Committee is considering the
problem of not only bicyclists but also rollerbladers using the sidewalks and is working on signs
to be put up in the area.
Consent Agenda
Constitution Week Proclamation
Mr. Enrich read a proclamation declaring the week of September 17 through September 23, 1999
as Constitution Week.
Antony Sister City Proclamation
Mr. Enrich read a proclamation that Mrs. Abbott will be taking to France for the dedication of a
monument and surrounding fountains and flowers honoring Lexington to be known as "le Rond-
Point de Lexington". The Selectmen proclaimed the week of September 5 through September
12, 1999 a time for Lexington citizens to proclaim their extreme gratitude, appreciation and pride
for the ongoing relationship between the Sister Cities of Lexington and Antony, France.
Sewer Betterment Assessments
Upon motion duly made and seconded, it was voted to approve the betterment assessments
which represent 50% of the cost of constructing a public sewer to the following properties:
Map No. 59, Lot No. 29, Book 28759, page 297, 10,668 square feet $6,582
Map No. 56, Lot No. 148, Book 18966, page 358, 25,648 square feet $15,825
Map No. 22, Lot No. 127, book 13141, page 14, 6,495 square feet $4,0007
Map No. 22, Lot No. 126, 11,152 square feet $6,881
Map No. 22, Lot No. 125, Book 8100, page 502, 9,341 square fet $5,763
Map No. 22, Lot No. 124, Book 19872, page 132, 9,372 square feet $5,783
Map No. 8, Lot No. 22, book 0293, page 243, 12,287 square feet $7,581
Map No. 14, Lot No. 57, Book 9694, page 241, 12,500 square feet $7,713
Map No. 81, Lot No. 21, Book 9701, page 38, 14,112 square feet $8,708
Map No. 82, Lot No. 1, Book 13236, page 432, 18,568 square feet $11,457
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Selectmen's Meeting - August 30, 1999
Sale of Bonds to Massachusetts Water Pollution Abatement Trust
Upon motion duly made and seconded, it was voted:
(1) That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed
$400,000 (the "Bonds") pursuant to Chapters 29C and 44 of the General Laws and a vote of the
Town passed April 7, 1997 (Article 9), for construction of sewers and other water pollution
control facilities (the "Project");
(2) That each Bond shall be issued as a single registered security, and sold to the
Massachusetts Water Pollution Abatement Trust(the "Trust") at a price of not less than the
principal amount of the bond, less the Town's allocated share of the costs of issuance of the
Trust's bonds;
(3) That the Treasurer is authorized to determine the date, the form, the maximum interest
rate and the principal maturities of each Bond, and to execute a Loan Agreement with the Trust
with respect to the sale of the bonds, such date, form and maturities and the specific interest rate
or rates of the Bonds to be approved by a majority of the Board of Selectmen and the Treasurer
and evidenced by their execution of the Bonds;
(4) That all action taken to date by the Town and its officers and agents to carry out the
Project and its financing, including the execution of any loan commitment or agreement by the
Treasurer, are hereby ratified, approved and confirmed; and
(5) That the Treasurer and the other appropriate Town officials are each hereby authorized to
take any and all actions necessary and convenient to carry out the provisions of this vote,
including execution and delivery of the Loan Agreement and the Project Regulatory Agreement
relating to the Project.
Bell Atlantic Grant of Location Hearing - Marrett Road (Coppersmyth Way)
Bell Atlantic Representative Dan Fitzgibbons presented the petition for a grant of location for
conduit to be installed to provide underground telecommunications service to a new eight unit
residential development to be located off Marrett Road, called Coppersmyth Way.
There were complaints received from neighbors that the contractor has been working in the area
for weeks and the neighbors have been subjected to a great deal of dust being blown into their
homes. Mr. Harry White representing the contractor explained that they were sorry for the
inconvenience and have accelerated the landscaping. They did run into ledge and that was the
reason the work took so long.
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The neighbors were assured by both Mr. Fitzgibbons and Ms. Carol McManus who was present
to petition the Board for a similar grant of location on behalf of Boston Edison that the work
would take 2 to 4 days to complete; they would be going down only 4 feet and would not be
going through the ledge that is at 10 feet and that both companies would be using the same
trench and would coordinate their work.
Upon motion duly made and seconded, it was voted to approve the petition of Bell Atlantic to lay
and maintain underground conduits and manholes, with the wires and cables to be placed therein,
under the surface of Marrett Road starting at pole number 193/102 on the westerly side of
Marrett Road, a State Highway, place conduit in an easterly, then southerly, then easterly
direction, a distance of 75 feet (±) and that Bell Atlantic coordinate the work with Boston
Edison.
Boston Edison Grant of Location- Marrett Road (Coppersmyth Way)
Boston Edison Representative Carol McManus presented the petition of Boston Edison
Company for a grant of location for conduit to be installed to provide underground electric
service to a new eight unit residential development to be located off Marrett Road and called
Coppersmyth Way. Under the permit issued by Mass Highway, Ms. McManus explained they
cannot conduct work on the project except between the hours of 9:00 a.m. and 3:00 p.m. and no
work may be conducted on Saturdays, Sundays or Holidays.
Mr. Paul Gilman was concerned that the work might obstruct access to his property; however,
Ms. McManus assured him the work was nowhere near his property.
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 Marrett Road southerly, approximately 225 feet south of
Lincoln Street, thence turning and running easterly, a distance of about 79 feet and that Boston
Edison coordinate the work with Bell Atlantic.
Traffic Safety Advisory Committee Recommendations
Traffic Safety Advisory Committee Chair David Carbonneau presented three traffic safety
matters discussed at a meeting of the Committee on March 24, 1999.
School Street
The Committee met with several residents from School Street regarding their concern over the
high speed and dangerous driving of traffic on School Street. They requested that the Town
consider speed bumps as a means of slowing down traffic in their neighborhood. Their request
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was accompanied by a petition signed by 34 residents. The Committee agreed that there is a
high volume of traffic and excessive speed on School Street; however, the Committee informed
the residents present that the Town does not install speed bumps as a means of traffic calming
because of their potential harm to drivers and vehicles. However, the Committee also advised
the residents that it is in the process of developing a uniform policy on traffic calming to
discourage speeding on the Town's streets. Mr. Carbonneau estimated such a policy would not
be ready for six months. He also made note that there has not been any funds appropriated for
such road improvements.
Mrs. McKenna and several residents of School Street stressed the urgent need for slowing the
traffic on School Street and felt there should be interim measures taken while the policy is being
developed. They also asked if signs prohibiting traffic during certain times of the day such as the
ones on Wilson and Ellison Roads could be put up on School Street.
Dawes Road Lantern Lane
The Traffic Safety Advisory Committee met with Mr. Richard Larson of 4 Lantern Lane
regarding the intersection of Dawes Road and Lantern Lane. Mr. Larson was concerned about
cars taking a left turn on to Lantern Lane from Dawes Road. He reported several instances when
vehicles have not made the turn and swerved off the road onto lawn areas. Mr. Larson also said
that because the street is used as a route to Bowman elementary school, it gets heavy traffic
volume.
The Committee feels the intersection has good visibility and did not see any measures that could
be taken to improve the intersection. The Committee recommends no action at this time.
Spring Street
The Traffic Safety Committee met with Mr. Geoff Waite of 28 Spring Street concerning traffic
conditions on Spring Street. Mr. Waite made several proposals to increase traffic safety in the
area including increased signage, a reduced speed limit, increased enforcement of the
commercial vehicle exclusion, sidewalk construction, and restriping of the pavement to improve
pedestrian access. The Committee did not see a way to reduce the speed limit on Spring Street
and explained to Mr. Waite the lack of funding for sidewalk construction. Spring Street is not
wide enough to be striped for a pedestrian way. The Committee recommends additional caution
children signs be placed between 86 and 88 on both sides of Spring Street and increased
enforcement of the commercial vehicle exclusion.
Upon motion duly made and seconded, it was voted to approve the recommendation of the
Traffic Safety Advisory Committee.
Mrs. McKenna recommended that the Engineering Department develop procedures for neighbors
to petition for sidewalks in neighborhoods and Mr. Carbonneau indicated they would do so and
would come back to the board with an update on all betterment procedures.
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Selectmen's Meeting - August 30, 1999
Mrs. Abbott inquired about the signs on Shade Street that the Board approved some time ago.
Mr. Carbonneau said they would be ordered the next day.
2000 Town Election
Town Clerk Donna Hooper reviewed her reasons for requesting that the Board vote to set the
date for the 2000 Town Election after the Presidential Primary that is scheduled for March 7,
2000. Mrs. McKenna indicated she would like to see the Town Election on the same day as the
Presidential Primary because she feels that the Town Election might benefit from the bigger
turnout of voters at the Primary.
Mrs. Krieger, Mrs. Abbott and Mr. Enrich expressed concern about bringing out a partisan vote
to the Town Election.
Upon motion duly made and seconded, it was voted 4-1 (Mrs. McKenna opposed) to set the date
for the Town Election on Monday, March 13, 2000.
Fletcher Street Land Use Referral Committee
Mr. Enrich reported that the Planning Board has unanimously nominated Stacey Bridge-Denzak
to represent the Planning Board on the Fletcher Street Land Use Referral Committee. Mr. Enrich
also spoke to David Rudner representing the sponsors of the subsidiary motion and he would be
happy to serve on the committee.
Upon motion duly made and seconded, it was voted to appoint Stacey Bridge-Denzak and David
Rudner to the Fletcher Street Land Use Referral Committee.
Minutes
With a minor correction noted, upon motion duly made and seconded it was voted 4-0 (Mrs.
Eddison abstained) to approve the minutes of the meeting of August 16, 1999.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of August 16, 1999.
Acting Town Manager
Mr. White asked the Board to approve his appointment of Linda Crew Vine as the Acting Town
Manager during his absence on vacation and attending the ICMA Annual conference.
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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 from August 31 through September 8, 1999
and September 25 through September 29, 1999.
Y2K Team Update
Y2K Team members Connie Rawson, Joe Marino and Peter Torode gave the Board a second
update on the status of an Emergency Contingency Plan for the Town.
Cash Capital Budget Policy
There was further discussion to the earlier joint meeting concerning a cash capital policy.
Upon motion duly made and seconded, it was voted to endorse the policy of committing 5% of
the general revenue to capital needs with the intention in the future not to use that 5% for
borrowing costs of large ticket expenditures.
At the request of Caleb Warner, Mr. Enrich offered to speak at the first fall meeting of the
TMMA Executive Board on September 8.
Hanscom Litigation Fund
Mr. Enrich reported that the Town has received contributions totaling $575 thus far to assist in
the Hanscom Litigation efforts. Mr. Enrich indicated he will be putting an article in the
Minuteman concerning this matter after Labor Day.
Executive Session
Upon motion duly made and seconded, it was voted by roll call vote: Mrs. McKenna, Mrs.
Eddison, Mr. Enrich, Mrs. Krieger and Mrs. Abbott to go into executive session for the purpose
of discussion of a collective bargaining matter 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