HomeMy WebLinkAbout1990-05-BOS-min s
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May 14, 1990
A regular Meeting of the Board of Selectmen was held on Monday, May 14,
1990, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Mr.
Dailey; Mrs. Smith, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town
Counsel; Ms. Radway, Asst. to the Town Manager; Mrs. Snow, Executive Clerk,
were present.
ACTING CHAIRMAN
Mrs. Smith reported that Chairman Eddison is recuperating well from his
recent illness and noted the need for appointment, during his absence, of an
Acting Chairman.
Mrs. Smith was nominated to fill that position. There were no further
nominations.
Upon motion duly made and seconded, it was voted to appoint Jacquelyn R.
Smith as Acting Chairman of the Board of Selectmen during the period of
absence of the Chairman, John C. Eddison.
MINUTE-MAN CANE AWARD
_, David Williams, Chairman of the Minute-Man Cane Award Selection
Committee, was present for the award of the 1990 Minute-Man Cane sponsored by
the Council on Aging & the Lexington Minute-Man. Mr. Williams thanked the
members of his committee and gave the history of the event, starting in 1909
as the Boston Post Cane Award. He read the criteria by which selection is
made of the annual winner who must be 80 years of age or older and who
reflects an active, creative and caring approach to life in the retirement
years.
Mrs. Smith read a citation from the Selectmen to Raymond J. Culler, the
1990 winner, listing his past and ongoing activities in Lexington and other
municipalities which had made him outstandingly qualified for this honor and
presented the citation to Mr. Culler. Fred Kardon, Editor-in-Chief of the
Lexington Minute-Man, made the presentation of the cane to Mr. Culler who was
given a standing ovation by all present.
Dorothy Boggia, Chairman of the Council on Aging, congratulated Mr.
Culler and invited him, his family and friends to attend a reception to the
given in his honor at the Senior Center on May 15.
MAPC METROPLAN 2.000
Martin Pillsbury and JoAnn Herrigel of the Metropolitan Area Planning
Council staff were present for review of MetroPlan 2,000, a draft regional
development plan prepared by MAPC. Members of the Planning Board &
Conservation Commission also attended.
Mr. Pillsbury reported that work on the plan had been ongoing for three
years and covers a large part of eastern Massachusetts. On May 23, at the
annual meeting of the MAPC, representatives from 101 communities will be
voting on acceptance of the plan. Mr. Pillsbury said that in an effort to
collect more data on a municipal level, cities and towns have been urged to
review the plan and to offer any comments and suggestions for revision before
that date.
During the past three years, MAPC has worked at identifying problems and
potential soiuttons, eltaluatioh of alternatives, and selection or a pian,
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The basic tenet of the plan developed is that concentration of mow
development is economically and environmentally more practical than the
current mode of scattered development and would encourage transit, ridesharing
and pedestrian traffic thereby reducing auto travel, traffic congestion, air
pollution and fuel consumption. This concept would also reduce the pressure
to develop open land and environmentally sensitive lands.
Mr. Pillsbury showed a series of slides illustrating the MAPC sub-
regions; overall trends in population and employment; the growing
affordability gap in housing; traffic growth; and level of service on major
roads. Also displayed were charts showing annual water and sewer expenditures
for the last 20 and the next 20 years, and the percentages of infrastructure
expenditures from 1970 to 2,010 by federal, state and local governments.
Myla Kabat-Zinn, Lexington's MAPC representative, requested comments
from Selectmen and Planning Board members to aid her in voting at the annual
meeting.
Mrs. Smith thanked Mr. Pillsbury and Ms. Herrigel for their
presentation, noting that good progress has been made using the technical
skills of MAPC and input from communities. She urged those wishing to make
comments on the plan to get in touch with Mrs. Kabat-Zinn as soon as possible.
CATV COMM:TTEE 1989 COMPLIANCE REVIEW
Mr. McSweeney, Selectman Liaison to the Cable Television & Communicatio,-
Advisory Committee, commended that Committee for its hard work and thanked
them for their dedication on behalf of the Town. He turned the discussion
over to Frank DiGiammarino, Chairman of the Cable Committee, for a report c
the Committee's activities and review of its 1989 Cable TV Compliance Revie
Dr. DiGiammarino referred to the Selectmen's Charge which requires th,,
the Committee must monitor the Cable company's compliance with its contract
with the Town. A process for fulfilling this requirement is now in place and
consists of an annual performance review in two parts: completion by the
vendor of a written questionnaire and an annual Public Hearing and Forum.
Information on the company's performance received this year had been
evaluated and presented in the Committee's report.
It had been determined that the following items require attention:
. Customer dissatisfaction with service, signal quality and office
practice;
. Cablevision's and the Committee's disagreement about which documents
define the License, which provisions are in force and how these
provisions are interpreted;
. Cablevision's policies regarding maintenance and replacement of
access, system and institutional Trunk equipment.
Based on the Committee's analysis of the 1989 Cable Compliance Review,
the Committee had recommended that the Selectmen issue a formal notice of
default in accordance with Section 33(g) of the License, "for repeated
violations of obligations contained within the License". In addition, the
Committee recommended that representatives of the Selectmen and the Cable
Television and Communications Advisory Committee be appointed and authorized
to negotiate a satisfactory resolution of issues contained in the compliance
review with officials from Cablevision, Inc.
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Selectmen's Meeting -3-- May 14, 1990
Mrs. Smith complimented the Committee on its excellent report. She
pointed out that two Selectmen were absent from the meeting and that it would
be best to wait for a full Board before making the fairly weighty decision on
the default issue. She noted that letters of complaint from subscribers are
still coming to the Selectmen about services and attitudes which she felt
could have been improved upon by now.
Dr. DiGiammarino added that complaints about discourteousness seem to be
more frequent lately.
Dr. Bussgang reported on other expressions of dissatisfaction such as
response time to telephone calls, work not being done, and service
appointments not kept.
Mr. Dailey agreed that the concerns are troublesome and hoped that the
Board could act reasonably soon on the proposed procedures. He felt it
important that representatives of the Cable Company also be heard.
Henry Ferris, General Manager of Cablevision, stated that under new
procedures, the telephone answering problem has been improved greatly and the
service is being given within two days. He added that Cablevision will
continue to work toward solutions to all reasons for customer dissatisfaction.
He felt that his company has met all terms of the license to the letter.
Mr. Ferris expressed willingness to working with the joint committee.
Mr. Dailey suggested that the committee's proposal for a Notice of
Default and the formation of a committee be acted upon in two parts and that
the committee could be established that evening even though a full Board was
not in attendance.
Mrs. Smith agreed with this process which would indicate progress,
oft noting that in a very few weeks, all Selectmen would again be present.
Upon motion duly made and seconded, it was voted to create a Joint
Committee of representatives of the Board of Selectmen and of the Cable
Television and Communication .Advisory Committee, to be authorized to
communicate with Cablevision in an attempt to address the issues raised that
evening and to report back to the Board of Selectmen on any matters not
resolved.
Mr. Dailey and Mr. McSweeney agreed to serve as representatives of the
Board on the committee.
Mrs. Smith again thanked the Cable Committee for its presentation.
MINUTES
Upon motion duly made and seconded, it was voted to approve, as
presented, the minutes of Selectmen's Meetings on April 23, April 24, and
April 30, 1990.
DAVID TSE, DUMPSTER REQUEST
David Tse, who intends to open a grocery store at 45 Waltham Street, met
with the Board to request permission to place a trash dumpster in a corner of
the Muzzey Street Parking lot.
Mr. White referred to the recommendations of the Director of Public
Works, who had opposed the proposal because of insurance requirements,
potential hazards to cars parked nearby and because the space would be filled
with snow during the winter.
George Smith, Health Director, had pointed out the difficulties to the
punk trash removers in dealing with the operation because of a small access point.
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Mr. White agreed with these conclusions and recommended denial of the
request.
Board members suggested to Mr. Tse that he approach other merchants
bordering the lot with an offer to share expenses of their dumpsters. Immo
Upon motion duly made and seconded, it was voted to deny the request of
David Tse for permission to place a dumpster on the Town Parking lot at Muzzey
Street because of the unfavorable precedent it would set.
The Selectmen wished Mr. Tse good luck with resolution of his problem
and success with his new business.
ARBOR DAY
Mrs. Smith who had represented the Board at an Arbor Day program on
April 27, reviewed the list of activities initiated by Dale Gaasland, Supt.
of Parks and Trees, during Arbor Week/Earth Week. She complimented him for
his excellent work in ensuring Lexington's ongoing designation as "Tree City,
U.S.Afif.
CONSENT AGENDA
USE OF BATTLE GREEN
Upon motion duly made and seconded, it was voted to approve the request
of Captain Richard A. Carson, U.S.A.F. for use of the Battle Green on May 17
to conduct a retirement ceremony.
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve the
Commitment of Charges of Cycle 9 bills, April, $69,437.57; Final Sewer Bills
April $541.75; Final Water Bills, April $585.80.
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TRAFFIC ITEM, MARRETT ROAD
Upon motion duly made and seconded, it was voted to refer the reque-
Aram R. Johnson, 203 Marrett Road, concerning traffic hazards on Marrett Road
to the Traffic Safety Advisory Committee for review and recommendation.
RESERVE FUND TRANSFER
Upon motion duly made and seconded, it was voted to approve transfer
from the Reserve Fund of $37,200 to Account #103--102, Fire Department Expense.
SUNDAY GARAGE SALES
Mr. White referred to the recommendation of Police Chief Furdon that it
would be appropriate to issue permits for Garage and Yard Sales to be
conducted on Sunday, subject to the same restrictions as local businesses.
Upon motion duly made and seconded, it was voted to delete Item #1 of
the "Garage and Yard Sales Policy Statement" and replace it with: "Garage and
Yard sales conducted on Sunday are subject to the same restrictions as retail
stores and must not begin before 12:00 Noon.
APPOINTMENTS TO CoA
Mr. White reviewed the qualifications of Monica Chang and Robert
Borshay, as candidates for membership on the Council on Aging and stated his
intent to appoint them to fill the vacancies left by Terrence Gent and Connie
Foster, if there were no objections from the Selectmen.
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Selectmen's Meeting -5- May 14, 1990
It was agreed that based on the resumes provided, both Ms. Chang and Mr.
Borshay would be outstanding members of the Council.
B.A.N. , CH. 90 FUNDS
Upon motion duly made and seconded, it was voted to approve the issuance
of and execution of Bond Anticipation Notes in the amount of $2,920,000 with
Baybank, lowest bidder, to fund work being done with anticipated Chapter 90
funds.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 3 -- 0 by roll call
vote, Mrs. Smith, Mr. Dailey, Mr. McSweeney, to go into Executive Session for
discussion of matters of labor negotiations and litigation, the disclosure of
which might adversely affect the interests of the Town, with no intent to
resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 9:40 p.m.
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A true record, Attest:
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arion H. Snow
Executive Clerk
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SELECTMEN'S MEETING
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May 21, 1990
A regular meeting of the Board of Selectmen washeld on Monday, May 21,
1990, in the Selectmen's Meeting Room, Town Office Building, at 7:30 a.m.
Chairman Smith, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Ms. Radway
Assistant to the Town Manager; School Committee Chairman Woodworth, School
Committee Members Colt and Spector.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 3 - 0, Mrs. Smith, Mr.
Dailey, Mr. McSweeney, to go into Executive Session for discussion of
Collective Bargaining issues with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 8:5O a.m.
A true record, Attest: --01111■ 114
Deborah Radway
Assistant to the Town
Manager
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SELECTMEN'S MEETING 4
May 21, 1990 Al
A regular meeting of the Board of Selectmen was held on Monday, May 21,
1990, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m.
Acting Chairman Smith, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mr.
Cohen, Town Counsel; Mrs. Snow, Executive Clerk were present.
CONSENT AGENDA
RENEWAL OF TAXI LICENSES
The favorable reports from the Lexington Police Department on
inspections of taxicabs operated by Arlex Taxi Corporation, L-Mo Taxi Company
and A-1 Taxi Company were noted.
Upon motion duly made and seconded, it was voted to approve applications
for renewal of Taxicab Licenses, to expire on May 1, 1991, as follows:
L-Mo Taxi Company one vehicle Taxi #1749
A-1 Taxi Company one vehicle Taxi #1734
Arlex Taxi Corporation six vehicles Taxi #4415
Taxi #4480
Taxi #4280
Taxi #4416
Taxi #4147
Taxi #4417
USE OF BATTLE GREEN
Upon motion duly made and seconded, it was voted to approve the request
of the Benevolent and Protective Order of Elks, Lodge #2204, for use of the
Battle Green on June 14, 1990 at 7:00 p.m. for Flag Day Ceremonies.
PROCLAMATION, WATER CONSERVATION WEEK
Upon motion duly made and seconded, it was voted to proclaim the period
from June 3, to June 9, 1990, as Water Conservation Week in Lexington, as
requested by the Mass. Water Resources Authority.
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve the
Commitment of the following Charges: June Town Wide Sewer Bills, $645,221.21;
June Town Wide Water Bills, $648,116.93.
RENEWAL LIMO LICENSE
Upon motion duly made and seconded, it was voted to approve the
applications of Charles E. Parks for renewal of Limousine Licenses for Parks
Limousine Service, two vehicles.
MINUTES
Upon motion duly made and seconded, it was voted to approve as presented
the minutes of the Selectmen's Meeting on May 14, 1990.
RESIGNATION. TRANSPORTATION ADVISORY COMMITTEE
Upon motion duly made and seconded, it was voted to accept with regret
the resignation of Eugene Lee, 9 Carnegie Place, from the Transportation
Advisory Committee, effective immediately.
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PROXY VOTE MMA
Mrs. Smith explained the request of the Mass. Municipal Association for
appointment as proxies of Paul Marshall and Sheila Cheimets, to vote on behalf
of the Chairman of the Board of Selectmen at the Special Meeting of the MMA tc
be held on June 12, 1990. No objections were expressed to a vote approving
the proposed Articles of Amendment of MMA, Inc. , relative to increases in
liability insurance premiums for the MMA and its affiliates.
Upon motion duly made and seconded, it was voted to authorize the Acting
Chairman to sign the proxy for the vote on the MMA Articles of Amendment, as
described above.
MEETING SCHEDULE
It was agreed that Selectmen's Meeting for the summer months will be
held every two weeks, as has been the practice in past years. Meetings will
be posted on June 4, June 18, July 9, July 23, August 6 and August 20.
CH. 90 REIMBURSEMENT FORMS
Upon motion duly made and seconded, it was voted to sign for filing wit+
the Mass. D.P.W./Chapter 90 Reimbursement Forms in the amount of $46,502, for
resurfacing work on Massachusetts Avenue.
AMBULANCE FEE ABATEMENTS
Upon motion duly made and seconded, it was voted to approve the
abatement of ambulance charges in the total amount of $1,366.67 for 25
patients, as recommended by John D. Bergeron, Fire Chief. em
RESERVE FUND TRANSFERS, LEGAL
Upon motion duly made and seconded, it was voted to approve transfers
from the Reserve Fund of $7,000.00 to Acct. #01--45--102--5799, Legal Expenses
and of $53,000.00 to Acct. #01-45-128-5304, Legal Fees.
PLANNING BOARD VACANCY
Martha Wood, Chairman, members of the Planning Board Eleanor Klauminzer,
David Williams and Robert Domnitz and Planning Director Robert Bowyer met with
the Board for appointment of an interim Planning Board member to fill the
vacancy left by the resignation of Judith Uhrig, whose term would have expires
in March, 1992.
Mrs. Smith noted that there had been six strong applicants for the
position and that the choice among them would be difficult.
Mrs. Wood said that it was hoped that the applicants not selected could
be considered as a resource to the Planning Board as members of sub-
committees.
Mrs. Smitn asked the Planning Board for nominations. Mrs. Wood
nominated Edmund Grant and Mr. Williams nominated Melinda Vinton and each
spoke on their candidates behalf.
It was voted 5 - 2 by roll call vote, with Mr. Williams and Mr. Domnitz
voting for Mrs. Vinton, to appoint Edmund C. Grant, 27 Grove Street as a
member of the Planning Board for a term of office to expire on March 4, 1991
upon the Town Election of a new Planning Board member.
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Selectmen' Meeting -3- May 21, 1990
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 4 - 0 by roll call
vote, Mrs. Smith, Mr. Dailey, Mr. McSweeney and Town Manager, Mr. White, to go
into Executive Session for discussion of matters of litigation and purchase of
real property, the disclosure of which might adversely affect 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 8:40 p.m.
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A true record, Attest:
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Marion . Snow
Executive Clerk
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