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HomeMy WebLinkAbout1980-12-08-BOS-min 11 SELECTMEN'S MEETING December 8, 1980 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 8, 1980 at 7 30 P M Chairman Miley, Mr Buse, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager and Miss Casey Executive Clerk were present The Chairman convened the meeting and called upon Mr Louis Zehner, Treasurer Town Treasurer, who requested the Board's approval to borrow $236,000 for payment on sewer construction and conservation purchases He recom- mended that the awards be made to the low bidder, Shawmut County Bank at an interest rate of 7 75% Upon motion duly made and seconded, it was voted to approve the recommendation of the Town Treasurer to borrow $100,000 for payment on sewer construction from Shawmut County Bank of Cambridge at 7 75% and $136,000 for conservation purchases from Shawmut County Bank of Cambridge at 7 75% Bond anticipation loans dated December 12, 1980 and are due June 16, 1981 Mr James Russell of Arthur Andersen & Co met with the Board to Audit report on the annual audit Mr Russell stated that in 1980, as in previous years, there are basically three products of the audit (1) a set of financial statements as of June 30 with an auditor's report as to the fairness of presentation of the account balances, (2) continuation of a practice that was started in 1979 of providing a two page topical outline that summarizes signifi- cant observations that might be derived from a review of the financial statements of the Town, (3) a management letter outlining suggestions for improvements in controls in procedures etc He stated that the auditor's report, which is the one page financial statement that his firm gets (basically the town's) has two qualifications as in previous years and is typical of many cities and town in the Com- monwealth dealing with the funding of the pension costs on an actuarial basis The Town is one of 21 towns in the Commonwealth that has provided supplemental funds, but it still falls short of what one was providing if spreading the pension cost over the useful life of the individual's em- ployment. The second point referenced was the failure to include fixed assets of the Town in its books of accounts or financial statements He stated that these qualifications are fairly typical of a city or town with the Commonwealth of Massachusetts Mr. Russell stated that the format of the financial statement are comparable to previous years, with minor modifications, and comparable to reporting that will be required as of July 1, 1981 under the new Massa- chusetts Statute Accounting System. This is a forerunner of reports that will be received starting in fiscal 1982 He stated that statistics and ratios indicates that Lexington makes good use of its economic resources He explained that the management letter was a by-product of the L �tv - audit process and summarizes the observations that were derived at as the result of testing procedures and controls, departmental visits that were made during the course of the audit and results of review of account bal- ances After a brief discussion of the report, the Chairman thanked Mr Russell for his presentation Mr Russell expressed his appreciation to Mr Hutchinson, Mr Zehner and Mr Perry for their cooperation and assistance during the audit pro- cess and retired from the meeting N E Tel The Chairman read a request from the N E Tel & Tel and Boston Edi- Boston son for permission to install 16 ft of conduit in Marrett Road Edison Mr Boudreau of the Telephone Company was present and Mr Kelley rep- Marrett Rd resented the Boston Edison. The Chairman read a recommendation from the Department of Public Works stating that it was a public hearing and that notices had been sent to all abutters The recommendation approved installation of the conduit which is necessary to service a new subdivision on Malt Lane The connection must be made from a joint owned pole on Marrett Road Upon motion duly made and seconded, it was voted to approve the request of the N E Telephone & Telegraph Company and the Boston Edison Company for permission to install 16 feel of conduit in Marrett Road to service a new subdivision in Malt Lane Lex. Com- The Board met with Mr William R Page and Mr Jacob B Gardner of the munity Lexington Community Health Committee relative to its request to amend the Health charge to the Committee Committee Mr Page and Mr Gardner gave a brief presentation of what the Committee is doing now and why the request was being made Upon motion duly made and seconded, it was voted to grant the request of the Lexington Community Health Committee to amend the wording Charge A and Charge B The amended charge to the Committee is as follows 1 It was agreed by the Board that it would be a Committee of five people reporting, for the time being, to the Board of Selectmen 2 It is to be charged with the following assignments A. To participate, with Human Services Committee in draw- ing up a charter for a permanent community health com- mittee, structured appropriately under the Human Ser- vices Committee umbrella B Collect information on medical and other health services available to the citizens and as reviewed with the Board of Health at its June 18 meeting, and publicize informa- tion on these services C In defining a charter, this Ad Hoc Committee will take into account the proposed charter contained in the January 10, 1979, memorandum to the Board as endorsed by the American Association of Retired Person Executive Committee, the Lexington Council on Aging and The Health Legislation Sub-Committee of the Lexington Forum on Aging L - 3 - 7 1/7 Selectmen's Meeting December 8, 1980 The Board met with Mrs Kate Fricker, Chairman of the Recycling Recycling Committee relative to the draft proposal submitted by the Committee Committee Mr Busa stated that he supported the concept of the recycling, but brought up the question of liability of the Town in regard to those who would be working on this project at the landfill on a voluntary basis Mr Hutchinson stated that the liability does exist and that the Town would absorb it Mrs Fricker suggested that in other towns such as Acton these volun- teers are covered under the town's liability policy Mr Kent felt that this was a serious matter and that information as to whether or not coverage is provided by the Town's liability policy should be obtained before any further action is taken on the matter Mr Hutchinson is to have a report at the next meeting The Chairman thanked Mrs Fricker and the Committee and they retired from the meeting Upon motion duly made and seconded, it was voted to grant the request Sheraton of the Sheraton-Lexington Inn for an extension of hours under its liquor Liquor license to 1 00 a m. on New Year's Eve License Upon motion duly made and seconded, it was voted to sign the renewal Common Common Victualler Licenses for the following Vic Rens Sheraton-Lexington Motor Inn Chadwick's Lexington House of Pizza Baskin Robbins Store #1723 Mario's Restaurant Lexington Golf Club Yangtze River Restaurant Bora-Bora, Inc Upon motion duly made and seconded, it was voted to sign the Enter- Entertain- tainment License for 1981 for the Sheraton-Lexington Inn ment Lic Upon motion duly made and seconded, it was voted to grant the re- Knights of quest of the Lexington Council #94 Knights of Columbus for an extension of Columbus hours under its liquor license to 1 00 a m. on New Year's Eve An exten- Liq Lic sion of hours to 2 00 a m was requested but denied Upon motion duly made and seconded, it was voted to accept the resig- eshogyation nation of Arthur C Smith from the School Sites Conversion Committee Sites Com Upon motion duly made and seconded, it was voted to approve_the Minutes minutes of the Selectmen's Meeting of September 15 The Board discussed the list of recommended F Y 1982 streets Streets Mr Busa brought up the question of the Manager's intention to cut F Y '82 back on construction costs due to the financial constraints of Proposi- tion 2 1/2 He pointed out that some of the streets may have been voted by last year's Town Meeting and felt that these should be dealt with be- fore dealing with new construction Mr Kent felt that all the streets in question should be considered before any decision was made tA4t - 4 - It was also pointed out that sub-division streets could be voted on as they did not cost the town any funding It was decided to table the matter. Upon motion duly made and seconded, it was voted to table the vote of the intent to lay out streets recommended for F Y 1982 CATV The Board met with the CATV Committee regarding the issuance of a CATV license Mr Busa, the Selectmen's representative, on the CATV Committee addressed the Board and extended appreciation to Mr Page and the rest of the Committee for eight years of study and work in compiling statistics to complete the pro- posals now before the Board Mr Page presented the Committee's evaluation which represented the con- sensus of the Committee that several excellent proposals were submitted The Committee recommended that the Board vote to proceed with the issuance of a provisional license He cautioned that issuance of the license would im- pose an obligation on the leadership of the Town to devote time and energy to getting effective local use out of the system IC was made clear to the applicants that local use was a primary consideration in Lexington He stated that they have responded positively to this in their proposals Mr Page pointed out that if the Board goes ahead with the issuance of the license the ball is in the Town's court and that two-way CATV is a very powerful medium and could enhance the quality of life in Lexington The Chairman stated that the hearings for CATV closed on December 1 and any material submitted to the Board after that could not be considered Mr Kent left the room while deliberations and voting was conducted. Upon motion duly made and seconded, it was voted to accept the report of the CATV Advisory Committee Upon motion duly made and seconded, it was voted to award a provisional license for CATV in Lexington Upon motion duly made and seconded, it was voted to award a provisional license to Adams-Russell Company, Inc to provide CATV in the Town of Lexington Upon motion duly made and seconded, it was voted to appoint Mr Busa and Mr Crain a committee of two, to draw up the public statement of the Board of Selectmen containing in detail the reasons for the approval or denial of each application for a license to construct and operate a cable television system in Lexington Dog Hearing The Board discussed the minutes of the Broussard/Sussman dog hearing Broussard/ held December 3, 1980 Sussman Upon motion duly made and seconded, it was voted to notify Mr Martin Sussman that the Board of Selectmen has determined that the dog is a nuisance by reason of running loose in violation of the Lexington Lea41 Law and orders "That this dog be removed from the legal boundaries of the Town of Lex- ington within fifteen (15) days If at the end of the fifteen days the dog is not removed, it will be picked up by the Animal Control Officer and be under his jurisdiction - 5 - 9 Selectmen's Meeting December 8, 1981 II/ The Board met with the Planning Board and the Conservation Commis- Planning Bd sion relative to what measures will be taken to offset the impact of Conservation Proposition 2 1/2 in the acquisition of land by the Conservation Commis- Commission sion and its use and growth by the Planning Board The possibility of a building moratorium was discussed and Mr Hut- chinson stated that asking the town to absorb the cost of additional sewer and water services generated by new development is,unrealistic under 2 1/2 restrictions and he would consider a building moratorium. He felt that the anti-growth consequences that many believe are indicated by the impact of 2 1/2 were not the original intention of the statute Planning Board Chairman, Iris Wheaton questioned type of building that would be affected by the moratorium - commercial, residential or low and moderate income housing Mrs Battin stressed that this was just a discussion and not a final determination of the issue She felt that the position paper developed by Planning Director Bowyer, attempting to explain the consequences 2 1/2 might have on the town's decision to rezone land made sense. However, the planning board had refused to adopt the statement at its meeting last week Mr Cohen pointed out that for the 1981 Town Meeting probably only judgments will be made as in the past He stated that a developer can't be prevented from presenting an article Mrs Laura Nichols of the Planning Board stated that its housing commitment must be considered David Williams, Chairman of the Conservation Commission, informed the Board that his committee is preparing to raise fees for those applying for wetland protection hearings under the local wetland bylaws He suggested that the Selectmen become involved in the disposition of land on the Metro- politan State Hospital property of which ninety-six acres is located in Lexington He stated that much of the land is leased for farming and the re- mainder is low and wet Mr Kent stated that he felt that two separate issues were being dis- cussed -- one the question of rezoning which he felt Town Meeting was per- fectly free not to pass any rezoning if they did not want to The second issue was the building moratorium he felt that more information was needed as to the constitutional limitations before it could be discussed intell- igently The Chairman thanked the Planning Board and Conservation Commission members for their input and they retired from the meeting The Manager informed the Board that the Transportation Committee had LEXPRESS recommended cutting out the two busses that run from 6 30 to 7 00 p m. on LEXPRESS at a savings of $2,200 Upon motion duly made and seconded, it was voted to authorize the Transportation Committee to cut out the two busses that run from 6 30 to 7 00 p m. The Chairman called on Mrs Jacquelyn Smith, Chairman of the Hanscom Hanscom Field Advisory Committee She addressed the Board and stated that in the Field Spring the Legislature had passed legislation under Chapter 290 establish- Advisory ing the Hanscom Field Advisory Commission at Laurence G Hanscom Field Commission This gives permanence to the group that is now in place of the four-town regional advisory committee through the boards of selectmen She referred the_Board to its copy of a list of persons recommended by the Committee - 6 - for membership on the new committee She pointed out that the names of many people on the original committee were recommended because of the in- volvement of the committee in the 18 month review period on the noise rules at Hanscom Field The Committee felt that continuity was important on the committee during that period She pointed out that the staggered terms that are part of the new legislation will allow for a more orderly transition to11/ new people She informed the Board that Massport agreed to take care of the clerical and mailing expenses and is putting on a staff person who will be overseeing the Noise Rule at Hanscom and will work closely with the committee giving assistance with statistical matters Upon motion duly made and seconded, it was voted to appoint Mrs Jacquelyn Smith as Lexington's designee to the newly formed Hanscom Field Advisory Commission The Chairman thanked Mrs Smith for all the work and time she has put into the Committee in the past and her willingness to continue to serve the town Mrs Smith retired from the meeting Town Report The Manager referred the Board to its copy of a recommendation from the Town Report Committee in response to the constraints of Proposition 2 1/2 The Committee suggested the elimination of all non-essential text and pages possible (2) publication of only one edition -- combined Parts I & II, and (3) Publication of only 1500 copies discontinuing the practice of Town- wide distribution Upon motion duly made and seconded, it was voted to accept the recom- mendations of the Town Report Committee for the publication on only one edition combining Parts I & II, elimination of all non-essential text and pages and discontinuance of the practice of Town-wide distribution E Lexington The Manager reported to the Board that he had contacted ISO and could Fire not get a formal response from them relative to the Board's questions re- Station garding the Fire Department Overtime in relation to the closing of the East Lexington Fise_ sts,tion He stated that it would be unlikely that there would be any insurance changes for residences or businesses unless the ex- perience changed dramatically Mr Busa asked if the E. Lexington station was closed down and bring- ing the personnel to headquarters would this not mean that one less piece of equipment would be available in case of a fire The Manager replied that it would mean that an engine would be taken out of service He stated that the minimum is 12 He also stated that the Town can now bargain by piece as to what was a reasonable amount of manpower to have on a piece of equipment He stated that this enabled the Town to make cost decisions of this type and it was decided to have three men to an engine Chief Bergeron stated that with this set-up and putting all of the people in the headquarters, it gives more flexibility as to which pieces will be manned The Manager stated that he was not recommending, at this time, that the firestation be closed, but right now there is a fiscal problem dealing with overtime He said that it was a legitimate alternate. going below minimum to man the main firehouse and gives the option of saving possibly $20,000 Mr Kent felt that the Board was making basic fundamental decisions about the make-up and operation of the Lexington Fire Department by taking this step He felt that it was a matter of concern and legitimate par- Selectmen's Meeting December 8, 1980 ticipation of the citizens through the Town Meeting process He also ex- pressed concern that cuts were being made on an item by item basis with- out-comparisons The Manager said that he understood his concerns, but that he felt that each day a decision was delayed meant spending more money He said he understood the problem about the level of service to the community, but felt that no group should be considered exempt from considering cuts Mr Crain stated that the frustration is that a budget was built and a piece of legislation was passed that carves that budget in a very serious way It presents a difficult management problem and if cuts are not made now people will have to be laid aff and he felt that he didn't want any part of that this time around Mr Smith, Town Meeting Member, who lives on the other side of the E Lexington firehouse asked how long it takes to get from the Center firehouse to the E Lexington firehouse and what proportion of time is it expected that manning would go below the minimum. Chief Bergeron stated that it takes approximately 2 1/2 to 3 minutes from the Center firehouse to E Lexington depending on weather, traffic and what __is perceived to be the seriousness of the call It is ex- pected to go below the 12 almost every shift in December primarily because of longevity vacations That brings it down to bare minimum and then there are injuries and illness that have to be considered Again in June, because of vacations, there would be a manpower shortage The Chief also pointed out that of the 12 men of the 15 man shift, there is one non-firefighting position, the dispatcher, who is actually one of the 15 It was decided to table the matter until further information is available Upon motion duly made and seconded, it was voted to table the recommendation of the Town Manager to close the E Lexington Firehouse periodically until further information is available Other rollback items suggested by the Manager were discussed and the following votes were taken Upon motion duly made and seconded, it was voted to cutout the Police police detail at Itek Itek Upon motion duly made and seconded, it was voted to table the DPW Manager's request for DPW cuts relative to Rockville, Kendall, Adams Cuts and North Streets, sidewalk construction, Westview Cemetery Development and holding back on the Sanitary Sewer Program with certain exceptions Upon motion duly made and seconded, it was voted cut back, ef- Mystic Valley fective immediately, on Mystic Valley Mental Health Center Association, Inc and recommending zero funding next year A tentative date of January 26, 1981 was set for Town Meeting Town Meeting - 8 - ,5- (Executive Upon motion duly made and seconded, it was voted 5-0 by roll call Session vote -- Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain -- to go into executive session for the purpose of discussing a matter of litigationwith no, intention of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 11 15 p m. A true record, Attest Executive Clerk I I