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HomeMy WebLinkAbout1989-12-BOS-min 1, 4 x � , L 4 SELECTMEN'S MEETING 6 December 11, 1989 A regular meeting of the Board of Selectmen was held on Monday, December 11, 1989, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Acting Chairman Eddison, Mr. Dailey, Mr. McSweeney; Mr. Cohen, Town Counsel; Ms. Radway, Asst. to the Town Manager; Mrs. Snow, Executive Clerk, were present. Mr. Marshall and Mr. White arrived later in the meeting. PUBLIC HEARING, EDISON, MARRETT ROAD )[r. Eddison opened a public hearing on the petition of Boston Edison Company for permission to install conduit in Marrett Road at its intersection pith Waltham Street. Edward Chisholm, representing the Edison Company, explained the need for the work to provide service to the new Mobil Station. There being no questions or comments in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of the Boston Edison Company for the purpose of installing ten feet of conduit in the following area: Marrett Road -- southerly approximately 137 feet southeast of Waltham Street, a distance of about ten feet. NUCLEAR WEAPONS FREEZE COMMITTEE Lester Arond and other members of the Lexington Committee for a Nuclear Weapons Freeze, met with the Board to request approval of their request for insertion in the 1990 Annual Town Meeting ballot of a question proposing cuts in military spending by the federal government in order to reduce the deficit and fund economic, environmental and social needs. Mr. Arond pointed out the interconnecting of state and federal budgets' adverse impact on local budgets and read the proposed question for the ballot. Carolyn Tiffany reported on a State committee for a nuclear freeze which is sponsoring a campaign to allow citizens to have a voice in the allocation of state and federal funds. Mr. Eddison said he was supportive of the stated objectives but was troubled by having a question on the local ballot, the subject of which is not directly connected with the running of the Town and by the precedent which would be created regarding other questions, as they are submitted for insertion on the ballot. He added that if he thought the inclusion of the question would increase voter participation, he would be more inclined to favor the request. amk Mr. Dailey noted that the Board historically has not endorsed the addition of questions on the ballot because of the precedent which would be formed and that he would not support the request. Mr. McSweeney agreed, on the basis of precedent. Mr. Cohen explained procedures under statute which must be followed which require ten signatures on such a petition to the Selectmen. If the Selectmen do not approve, the petitioners have 90 days in which to obtain the signatures of 10% of the registered voters (1,800 signatures). Motion was made to approve the insertion in the 1990 ballot as proposed by the Lexington Committee for a Nuclear Freeze, and seconded for purposes. _ P of 3v %ow -2- Mr. Dailey and Mr. McSweeney repeated their opposition to the creation of a precedent and to the inappropriateness of the question on a local bailt. Mr. Marshall joined the meeting at that time and Mr. Eddison recapped the proceedings for his information. Mr. Marshall said he would support the placing of the question on the ballot. Motion having been made and seconded, it was voted 3 to 1, with Mr. Marshall voting in favor, to disapprove the request of the Lexington Committee for a Nuclear Freeze for insertion of a question on the ballot for the 1990 Town election. MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting on November 13, 1989. APPOINTMENTS TO LEXHAB Upon motion duly made and seconded, it was voted to reappoint the following to the Lexington Housing Assistance Board for terms of office to expire on December 5, 1991: Marshall Derby, 23 Suzanne Road Donald Wilson, 36 Fern Street Lynda Wik, 56 Robbins Road gm' HANSCOM FIELD WORKING COMMITTEE Mr. Eddison reported on the request by the Hanscom Field Advisory Committee for formation of a Working Committee to monitor Hanscom's "FAR Part 150 Study", working in conjunction with the consultant who has been hired to do the "Noise Control and Combatibility Planning Study" at Hanscom Field. He recommended that Frank Sandy, also endorsed by John Taylor, H.F.A.C. be designated as Lexington's representative. Upon motion duly made and seconded, it was voted to appoint Frank Sandy, 353 North Emerson Road, as Lexington's representative on the Hanscom Field Working Committee. CONGRESSMAN MARKEY, CATV The Board reviewed a draft letter prepared by the CATV/Communications Advisory Committee to Congressman Markey, expressing the Town's support of an immediate overhaul of the Cable Communications Policy Act of 1984, as proposed in a policy adopted by the National League of Cities. Mr. Eddison felt that the Committee should be commended for the excellent composition of the letter, to be signed by the Selectmen. Upon motion duly made and seconded, it was voted to approve the letter to Congressman Markey, as prepared by the Cable TV and Communications Advisory Committee. EXTENSION OF HOURS, SHERATON Mr. Eddison referred to the Board's approval of requests for extensic of hours for the service of liquor at the Sheraton Lexington Inn on Decemb41. 2, and December 8, approved by the Board at its meeting on November 27. At that time, it was noted that no reasons for the requested extensions had been offered and the Board had declined to act on two additional requests pending receipt of that information, which had since been supplied. 1) 5° lionft Selectmen's Meeting -3- December 11, 1989 Upon motion duly made and seconded, it was voted to approve the request of the Sheraton Lexington Inn for extension of hours on December 14, 1989 and on December 16, 1989, for Christmas Parties of local business firms. RENEWAL OF LICENSES FOR 1990 Upon motion duly made and seconded, it was voted to approve the renewal of licenses for 1990, as listed below: Common Victualler Alexander's Pizza Bel Canto Restaurant 180 Bedford Street 1709 Mass. Avenue Brigham's Store #86 Cory's of Lexington 38 Bedford Street 20 Waltham Street Fife & Drum Grill Fife & Drum Restaurant pli••► Minuteman Vo-Tech Minuteman Vo-Tech 748 Marrett Road 748 Marrett Road Roy Rogers Restaurant Lexington Golf Club, Inc. Route 128N 55 Hill Street The Lexington Club One Merian 475 Bedford Street 1 Meriam Street The Kitchen, Inc. 363 Mass. Avenue Coin Operated Video Game Machines Josiah Willard Hayden Recreation Centre, Inc. (4) 24 Linclon Street Veterans of Foreign Wars #3007 (2) 2 Hayes Lane Lexington Lodge B.P.O Elks #2204 (3) 959 Waltham Street Lexington Knights of Columbus Members Association (1) 177 Bedford Street mish Class 111 Class 1 John P. Carroll Lexington Toyota Sales, Inc. 31 Allen Street 409 Mass. Avenue Auto Engineering Lim. Partnership 436 Marrett Road Entertainment Hartwell House, Inc. 4d M, rflap i l Avpnnip -4- Common -4-Common Carrier A Yankee Line, Inc. Boston Tours, Inc. 370 West First St. , 89 Arcadia Avenue South Boston, MA Waltham, MA James H. McCarty Limousine Service, Inc. P.O. Box 327 694 Mechanics Street Leominster, MA COMMON VICTUALLER LICENSE. NEW ASIA RESTAURANT Upon motion duly made and seconded, it was voted to approve the application of Sally Loh, President, New Asia Restaurant, Inc. , d/b/a New Asia Restaurant, 211 Mass. Avenue, Lexington, pending final approval of the premises by the Health Director and issuance of an Occupancy by the Building Commissioner. PROJECT D.A.R.E. Ms. Radway, acting as Town Manager in Mr. White's absence at a ■eetin '. in Burlington, referred to the combined efforts for the past several years of the School and Police Departments and the Human services Committee in combatting substance abuse in the schools. Sgt. Joseph O'Leary, Chief Furdon of the L.P.D. members of the School Committee and Human Services Committee were present to request the support of the Selectmen of participation in Project D.A.R.E. (Drug Abuse Resistance Education). Ms. Radway noted the many hours spent by these groups in studying the issues, who now felt that D.A.R.E. is the first program worth pursuing. sgt. O'Leary referred to the Memorandum of Understanding developed by the Town, the Police and School Administration which clarifies the responsibilities of those in authority and the procedures to be followed once a problem is identified. He noted the benefits gained in this way but stressed that the major thrust should be in preventing substance abuse by means of education, starting at an early age in the schools. Sgt. O'Leary proposed the employment of a full-time D.A.R.E. officer, working with 5th grade students for one hour a week for 17 weeks, to reinforce each child's ability to develop self-esteem and stand up to negative peer pressure. This officer would need to attend an 80-hour training, class, which is given locally. In an evaluation of the effectiveness of the program nationwide, it h been shown that the age of the onset of drug abuse had become higher; substances used were less potent; students were more apt to identify friend with problems; and that students tend to behave better and perform better ..r academically. Sgt. O'Leary reported that soon, more than 100 Massachusetts communities will be participating in D.A.R.E. and gave examples of the successes demonstrated. He said the aim would be to develop a positive relationship between Police and students and would also involve parent and teacher participation. He advocated adoption of the program as supported by Police and teachers in participating communities. Selectmen's Meeting -5- December 11, 1989 After completion of the 17-week program, students would be given a Certificate of Accomplishment or possible a tee-shirt or hat in acknowledgment of their efforts. He expressed hope that a Lexington officer could be enrolled in the June training class, to start in the schools in September. Mr. Eddison thanked Sgt. O'Leary for his excellent presentation. In response to questions from the Board, Sgt. O'Leary reported that there appeared to be no difference in effectiveness of the program in blue collar and higher class towns. Mr. McSweeney applauded the spirit shown in the working together of the School Dept. , Police Dept. , the Town Manager and many other groups on the issue. He agreed that education is the key solution and hoped the program could be implimented in all grades. He expressed support of the proposal. Mrs. Woodworth, Chairman of the School Committee stated that her Committee strongly supports the program and thanked Sgt. O'Leary for his efforts on behalf of the School Department. Chief Furdon said he was totally committed to D.A.R.E. and foresaw substance abuse as the biggest problem to be faced in the '90s. He was concerned with the matter of funding in view of cut-backs expected but promised that if he can get near full strength staffwise, he would go ahead 100%. He said he would put education ahead of enforcement as the most effective tool to combat the problem. Mr. Marshall noted that thought must be given to funding the program. He felt that procedures for evaluating the successfulness of the program should be developed and saw the need to measure its long-term effectiveness. Sgt. O'Leary outlined procedures used in Los Angeles and said that those methods would be used here. He referred to overwhelming successes in Towns in the area and proposed visits from representatives of those communities. Sgt. O'Leary felt that funding of the program should be the responsibility of the Police Dept. which would amount to $45,000 for 1 1/2 officers. (The equivalent of one D.A.R.E. position). He pointed out that the Federal Government had indirectly assisted by providing a training center in this area, in addition to the California center. Mr. Dailey viewed acceptance of the program as a major commitment and saw the need to ascertain its level of effectiveness before making a decision. Mr. Eddison noted that there was no need for a decision that night. He thanked Sgt. O'Leary for his thoughtful and informative presentation to the Board. Mr. White joined the meeting at this time. TMMA/SPECIAL TOWN MEETING Iris Wheaton and Ephraim Weiss, representing the TMMA Executive Board, met with the Selectmen for a discussion of procedures at the September '89 Special Town Meeting. As a result of expressions of concerns, Mrs. Wheaton and Mr. Weiss had been instructed by their Board, to confer with the four major Boards: Selectmen, School Committee, Appropriation, and Capital Expenditures Committee, in an effort to ensure smoother proceedings at future town meetings. The TMMA Executive Board had felt that confusion among Town Meeting members had been the result of decisions made before hand by the four major Boards on the issues to be resolved, and that no explanations had been given as to how these positions had been determined. .k IIIIMMMIIMMIMMMIMMIMMOMMIMMIMMMIMMIMM mow No options had been presented and Mrs. Wheaton felt that little information had been made available. She asked for suggestions as to how avenues of communication can be opened among the four Boards and the Town Meeting members. Because all decisions seemed to have been made in advance of the Meeting, Mrs. Wheaton felt that an appearance of collusion among the Boards had resulted. Mr. Eddison noted that many had not been happy with the way the Special Town Meeting had gone. He asked that Mrs. Wheaton clarify her allegation of apparent collusion. He explained that the Board's usual practice was to confer with the School Committee and Finance Committees before any Town Meeting and pointed out that these discussions had taken place in open session to which Town Meeting members were welcome. He disagreed that these conferences could be interpreted as colluding. Mr. Weiss said that Town Meeting members had wanted the opportunity to base their votes on understanding of the issues, not on the recommendations presented to them by the four Boards. He asked that effort be made to give the basis for reaching decisions and that alternatives on courses to foil be given. Mr. Cohen pointed out that the Special Town Meeting had been unique,_ that the issues at hand had been previously explored thoroughly in the presence of all the members at the 1989 Annual Town Meeting and that those same issues were being reconsidered at the Special Town Meeting. Mr. Dailey strongly objected to the use of the term "colllusion" as applied to the Selectmen's actions and felt that information and advice had been offered freely to Town Meeting members. Mrs. Wheaton again said that she was present as instructed by the Executive Board which had perceived the Special Town Meeting procedures to be of concern, - that there had been insufficient information available and too little time in which to thoroughly understand the issues. She offered the assistance of the TMMA to work with the Boards to help prevent a recurrence of the situation. COMPOSTING/RECYCLING UPDATE Richard Spiers, Director, DPW, was present to give an update on the recycling program. He reported that in the five months since July 1st, tonnage of trash to be disposed of had been reduced by 26%. Including leaf collection, the reduction had been 29%. Last year, 2,200 cubic yards of leaves had been collected and in 1989, the amount had increased to 5,000+ cubic yards. He noted the cooperation of merchants in the distribution/sales of biodegradable leaf bags and of residents in complying and participating in the collection program, which ) made it so successful. Mr. Spiers proposed next to implement mandatory recycling of Christml trees which would be collected and chipped on the spot, for use in public •m' planting areas, and plans to begin this collection in January. Mr. Spiers reported that on November 1, Waste Management had provided him with a list of residents who regularly include recyclables in their trash. The Waste Management Task Force would like to begin to enforce the recycling regulations on January 2nd. The collector would not pick up trash of residents who blatantly violate the regulations. He asked the Selectmen's endorsement of this procedure. qC; k 3 SELECTMEN'S MEETING " r December 18, 1989 A regular meeting of the Board of Selectmen was held on Monday, December 18, 1989, in Estabrook Hall, Cary Memorial Building, at 7:30 p.m. Acting Chairman Eddison, Mr. Marshall, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; Ms. Radway, Asst. to the Town Manager; Mrs. Snow, Executive Clerk, were present. PUBLIC HEARING, EDISON, MARRETT ROAD Mr. Eddison opened the Public Hearing on the petition of Boston Edison Company for permission to install conduit in Marrett Road. Edward Chisholm, representing Boston Edison Company, explained that the purpose of the work would be to provide underground service, as requested by the customer, to #482 Marrett Road. There being no questions or any comments in favor or in opposition, Mr. Eddison declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the mom petition, plans and orders of Boston Edison Company for a grant of location for five feet of conduit in the following area: Marrett Road, southwesterly approximately 77 feet southeast of Tufts Road, a distance of about 5 feet. PUBLIC HEARING, BOSTON EDISON, MILITIA DRIVE Mr. Eddison opened the Public Hearing on the petition of the Edison Company for permission to install pipes in Militia Drive. Mr. Chisholm explained that the purpose of the work is to allow for modernization and reconstruction of existing underground electric facilities and to improve reliability. There being no question or comments on the petition, Mr. Eddison declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of Boston Edison Company for a grant of location to install pipes in Militia Drive in the following areas: Militia Drive - approximately 226 feet northwest of Worthen Road, a distance of about 205 feet - pipes and build one manhole #26018. Militia Drive - install about 29 feet of pipes from proposed manhole #26018 in a southeasterly direction. Militia Drive - install about 25 feet of pipes from proposed manhole #26028 in a northwesterly direction. Militia Drive - install about 35 feet of pipes from proposed manhole #26018 in a northwesterly direction. EMPLOYEE ASSISTANCE PROGRAM Mr. White spoke of the need in current times to identify and address problems of Town employees and to prevent them from becoming major obstacles in their work and personal lives. The Manager noted the efforts of the past two years relative to substance abuse and the need to address its negative impact on the workplace. In the fall of this year work was begun with the heads of the three unions, management, clerical, the Human Services Committee and Library staff to articulate and identify a model employee assistance program. 3-6 C -2- Such a program had been developed and Robert Ebersole, Revenue Officer, was present to outline its procedures which would offer employees and their families professional, confidential referral help with personal problems that would include marital or family discord, financial or emotional stress, legal difficulties, alcohol or drug problems, or other job-related or personal difficulties. Ed Kendall, DPW Union Leader, stressed the need for confidentiality and described the three suggested pathways for using the program: self-referral, union referral and supervisor referral. He noted that breach of confidentiality by the EAP provider would be cause for termination of the Town's contract and that any employee or supervisor who violates the provisions of confidentiality would be subject to server disciplinary action. In response to an RFP, 10 proposals had been received from providers and it had been decided to award the contract to Common Health, and Arlington firm who appears to be the best qualified. An EAP Committee consisting of 7 members is to be charged with overseeing the program and to meet with the provider to discuss issues related to the ongoing maintenance of the EAP. In response to questions regarding Common Health's qualifications, Mr. Ebersole provided information on the firm's background and performance record. He explained that trained social workers would act as a clearing house for employees, with no cost for visits, and would refer them to appropriate mew sources of help, if necessary. Mr. Kendall noted that although employees had not been given information on the program, Union Leaders are receptive of it, as he felt all employees would be. Mr. Dailey questioned the basis of the decision to go forward with such a program and asked if there had been evidence of a need for it to date. Mr. White said that although there were no statistics to indicate a need, Lexington as a typical community, would probably have the same ratio of those with problems affecting productivity as has been shown in studies done nationwide. He explained the cost benefits to be realized for an expenditure of about $10,000. Mr. Marshall expressed his support of the program as a way to funnel people into getting help. He requested a quarterly report on how the program is being received and how widely it is being used in the various Town departments. Mr. White will provide such reports to include an evaluation of the firm's compliance with the contract. NORTHGATE COMPREHENSIVE PERMIT Members of the Planning Board and the Conservation Commission, and many interested citizens of both Lexington and Waltham, were in attendance for the presentation by representatives of Northgate and Stockard & Engler of preliminary concepts of a proposal for a mixed income housing development, under Comprehensive Permit, on Waltham Street at the Waltham line. Robert Engler explained that the point of the presentation was to ter indicate where Northgate is in the planning process and to focus on site planning issues. Density high enough to make rental housing work for the developer will be necessary. Mr. Engler projected that the Northgate density would be similar to that at Katandin Woods on Wood Street, or about 220 units on the 18 acre site. Selectmen's Meeting -3- December 18, 1989 John Winslow, architect, reviewed site issues to be addressed with the Board, such as topography, visibility of the site, access and wetland areas. He displayed four plans showing layouts of units of varying heights which took issues into consideration: a development with low building but covering more ground, which would be a less severe visual impact on surrounding areas; a layout of buildings of 5 or 6 story height; a plan showing concentrated development in the center of the site (4 or 5 stories); and a plan focussing on townhouses in the development to accommodate more family living. Mr. Engler noted that his firm is in the midst of procedures that will be very lengthy and requested input from those with experience in land use planning to aid in the process of formulating plans for the development. He further explained that at this point, the amount of space to be left open is unknown. Regarding the rental fee structure, some rents will be dictated under the law. The market rate rents have not as yet been determined. In answer to questions about density, Mr. Engler felt that it would be comparable to Emerson Gardens and Katandin Woods or about 12 units per acre. alm,. Northgate would be willing to enter into an agreement regarding permanent affordability of units. Discussion continued on questions about the height of buildings, the ratio of 1, 2 and 3-bedroom units and the need for provision of adequate storage space. Mr. Engler pointed out that at this stage it was not possible to give definitive answers on those details. In answer to a Waltham resident's question about the involvement of affordable housing in the development, Mr. Engler noted it is needed and that its inclusion would allow a higher density. The developer had preferred to construct mixed income housing on the site, which he felt would work well. An area resident referred to the number of cars now accessing onto Waltham Street and expressed concern about the additional impact of cars from the proposed development. Mr. Engler stated that traffic studies will be performed and that the information will be made available. Mention was made about existing water problems to the west of the site. Deborah Kassman asked if consideration could be given to keeping buildings off the west part of the parcel so as not to exacerbate the condition. Reference was made to the plans of the City of Waltham to raise the level of Hardy's Pond and the additional impact of runoff from the development. Mr. Engler noted that permission can be denied to the developer if the proposed project would adversely affect the health and safety of residents. The developer will have the responsibility of notifying Waltham residents and officials of information meetings and hearings scheduled. Jacqueline Davison suggested that the tall buildings be located on the dam Waltham side of the site to lessen the visual impact on residents in Lexington. Questions were asked of Mr. Engler regarding paved parking areas in addition to under-building garages; possible devaluation of surrounding properties; the option of petitioning the Town Meeting for a rezoning; the diverting of drainage away from the wetland. With regard to threat of runoff onto surrounding properties, Mr. Engler referred to the powers of the Conservation Commission to protect property owners. Mr. Engler spoke of the many meetings to come as plans are firmed up and offered to meet with both Lexington and Waltham residents during the planning process. 357 -4- Mr. Eddison thanked the developers for the information provided at this early stage in the procedures. RENEWAL OF LICENSES Upon motion duly made and seconded, it was voted to approve applications for renewal of various licenses, to expire on December 31, 1990: Common Victualler Bellino's Bakery, Inc. 141 Mass. Avenue Harold Butler Enterprises d/b/a Denny's Restaurant 438 Bedford Street Friendly Ice Cream Corp. 60 Bedford Street Friendly Ice Cream Corp. 1060 Waltham Street The Hartwell House, Inc. 94 Hartwell Avenue vow Pine Meadows Country Club, Inc. 255 Cedar Street Lodging House Wild Acre Inn 50 Percy Road Bentley College, Wellington House Middlesex County Hosp. , Walnut Street Bentley College, Wellington Lodge Middlesex County Hosp. , Walnut Street Bentley College, Wellington Cottage Middlesex County Hosp. , Walnut Street Innkeeper Catch Penny Limited S/P Acton Partnership d/b/a Days Inn Lexington 440 Bedford Street BATTLE GREEN INN Mr. Eddison referred to the recommendation of George Smith, Director of Public Health, that the application of the Battle Green Inn be approved ..r subject to correction of an asbestos problem in the underground parking garage on the premises and that the Innkeeper's License be held in the Selectmen's Office pending Mr. Smith's approval. Because of the seriousness of the situation, Mr. Marshall suggested that the application be disapproved pending removal of the asbestos. Selectmen's Meeting -5- December 18, :" = Mr. Dailey proposed that the license be approved for two months conditional upon provision of evidence that work on the asbestos removal is proceeding as quickly as possible. Upon motion duly made and seconded, it was voted to approve the application for renewal of Innkeeper's License for WHH Company d/b/a Battle Green Inn, 1720 Mass. Avenue, to expire on March 1, 1990. Renewal for the remainder of 1990 will depend on a favorable report from the Health Director on the removal of asbestos. MINUTES Upon motion duly made and seconded, it was voted to approve, as presented, the minutes of the Selectmen's Meeting on November 27, 1989. LIGHTING OPTIONS COMMITTEE Mr. Eddison referred to a Charge to the Lexington Lighting Options Committee which had been prepared by Mrs. Smith and listed possible candidates for appointment, to that committee. Upon motion duly made and seconded, it was voted to adopt the Charge to the Lexington Lighting Options Committee, as presented, and to appoint the following as members: Myla Kabat Zinn, 58 Oak Street Peter Kovner, 12 Independence Avenue John Davies, 18 Prospect Hill Road Don Olson, 30 Forest Street Since the Charge had specified that there be 5 to 7 members on the Committee, other applicants will be sought for future appointment. Members of the Lexington Lighting Options Committee were also designated as Special Municipal Employees. ASSOCIATE MEMBERS, D.A.C. Upon motion duly made and seconded, it was voted to appoint the following as Associate Members of the Design Advisory Committee, with terms of office to expire on September 30, 1990: Elaine Adler 3 Sunny Knoll Terrace Robert Ossman 35A Wachusett Drive JANUARY MEETING SCHEDULE It was agreed that the Board will plan on meeting on January 8,' January 10, January 22, January 25, J anuary 29, and January 31, 1990, to accommodate the budget review process. p.m '~` 'ANT AGENDA EXTENSION OF HOURS, VERSAILLES Upon motion duly made and seconded, it was voted to approve the request of Isaac Dray for extension of hours on December 31, 1989, to 1:00 a.m. at the Versailles Restaurant, 1777 Mass. Avenue. COMMITMENT OF CHARGES Upon motion duly made and seconded, it was voted to approve the Commitment of the following Charges: L � j#5 V' November Cycle 9 Water Charges -- $1831.57 November Cycle 9 Sewer Charges •- $1996.59 December Cycle 9 Water Charges - $81,758.38 COUNCIL ON AGING APPOINTMENT Mr. White requested the approval of the Selectmen of his appointment of Sumner Harris to fill the unexpired term of Terrence Gent on the Council on Aging, and outlined Mr. Harris' qualifications for the position. Upon motion duly made and seconded, it was voted to appoint Sumner Harris, 91 Burlington Street, to the Council on Aging for a term of office to expire on June 1, 1991. Mr. Eddison asked that thought be given to representation on the Council of persons of minority races. SKYVIEW ROAD AFFORDABLE HOUSING Peter Kelley, donor of a ranch style house that is to be moved to Town owned land on Skyview Road requested that the Selectmen publicly acknowledge transfer of the house to the Town. Upon motion duly made and seconded, it was voted to do so. SUNDAY SHOPPING HOURS John Theriault, Director of the Chamber of Commerce, was present moo regarding the Chamber's request to the Chief of Police to be allowed to open on Sunday, December 24th, at 10 a.m. , rather than at Noontime, to allow shopkeepers more opportunity for business on the last shopping day before Christmas. Mr. White gave the position of the Chief who had denied the request based on past policy. Chief Furdon had felt that a precedent would be set if, after many past denials of similar requests, the merchants were allowed to ripen early. He supported the Chief's view but asked the Board for direction on the matter. Mr. Marshall said that he would no overule the Chief's decision but felt that in this one instance, support should be given to the merchants by allowing the early opening. He did not see it as precedent setting. Mr. Dailey said that he was pleased that Chief Furdon had taken that stand on the matter, but that if permission were to be granted, he would want the minutes to state that no precedent was being created by the action. Mr. Theriault said that the granting of permission would not be the basis of a precedent in his written request to the Board. It was agreed to request that the Town Manager ask Chief Furdon if he would reconsider his decision to deny the Chamber's request. Upon motion duly made and seconded it was voted to adjourn at 9:42 p.m. A true record, Attest: rion . n•w Imow Executive Clerk c) Selectmen's Meeting -7- December 11, 1989 Motion was made and seconded to support the enforcement program and to encourage the newspaper to publicize the procedures planned. Mr. Marshall proposed high visibility in the enforcement process and to go to the imposition of fines, if it seems necessary. He suggested that merchants be publicly thanked for their cooperation in the leaf bag distribution. Mr. McSweeney suggested that there also be publicity on the amount of money saved as a result of the recycling program which might serve to increase public participation. Mr. Spiers agreed to prepare an information flyer for mailing to residents. Motion having been made and seconded, it was voted to authorize proceeding with the enforcement phase of the recycling program, beginning on January 2, 1990. ARTICLE 5 TRANSFERS +1.* Upon motion duly made and seconded, it was voted to approve transfer of funds from Article 5, FY90, to meet personnel requirements in the following Departments: Selectmen (2) Town Manager (5 f.t. , 1 p.t. ) Temp. Help & Overtime (2 p.t. ) Clerical Pool (1 p.t. ) LEXPRESS (2 p.t. ) Town Clerk (4) Board of Appeals (1) Planning (3 f.t. ) Conservation (1 f.t. , 1 p.t. ) Recreation (1 f.t. , 1 p.t. ) Comptroller (4) Assessors (4) Treasurer/Collector (6) Health (3) Dog Officer (1) Police C.B. (48, Admin. (15) Fire C.B. (53) , Admin. (7) Bldg./Insp. (4 f.t. , 2 p.t. ) DPW Veterans (1) CoA (4) Library Board of Registrars Elections APPOINTMENT, BOARD OF HEALTH Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of Barbara Marshall, 8 Bertwell Road, to the Board of Health to fill the unexpired term of Linda Roemer. SEWER CHARGE. LIEU OF BETTERMENT. 171 GRANT STREET Upon motion duly made and seconded, it was voted to approve the assessment of a sewer charge in lieu of betterment in the amount of $4,007.29, ,m` against property owened by Karl Kasabian at 171 Grant Street. MBTA ASSESSMENT Mr. Dailey reported on communication from Anne Larner, MBTA Executive Director, regarding legislation which would allow significant increases in MBTA assessments for each town. Mr. Dailey had spoken with Senator Kraus to inform him of the Board's concern about the possibility and to request him to oppose passage of the bill. 3 1 HEAVY TRUCKING BAN. ADAMS STREET Mr. White reported to the Board on the meeting of the Burlington Selectmen that evening, regarding the proposed Adams Street ban on heavy trucking, which had been initiated by Adams Street residents in 1983. Since that time, Lexington Selectmen have tried to work jointly with Burlington Selectmen to implement the ban. The State requires that in order to ban trucks from a street, an alternate route must be provided. Maple Street had been suggested but it was found that the bridge on Maple Street was inadequate to withstand the weight of trucks. Woburn Street had also been considered in 1983. Mr. White felt that, if banned from Adams Street, most trucks would use Route 128, but that Woburn Street residents would experience some increase. The Board agreed that the Manager should refer the matter back to the Traffic Safety Advisory Committee for an analysis of the destinations of the trucks which would be diverted from Adams Street. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4 to 0 by roll call vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mr. McSweeney, to go into mow Executive Session for discussion of matters concerning litigation, land acquisition and collective bargaining the disclosure of which could adversely impact the interests of the Town, and with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. if A true record, Attest: (7/ fl t(1/))/( arion H. Snow Executive Clerk