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HomeMy WebLinkAbout1990-05-BOS-minY e_ y � 5 r �EE g. N'r l, ti SELECTMEN'S MEETING �-1. May 14, 1990 of 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; Ads. 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 omm 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 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 co llect more data on a municipal leve cities and towns have been ur ged to rev the plan and to offer an comments and su ggestions for revision be f or* that date. During the p&at three years, MAPC has worked at identifying problems and potent I'd ee a altern s �. _ - atives and selection or-_& . tan, - • -; Al l f ' t - � 1 i i • �,• ti � L•. T - . [ ., r t _l. - - - - 4 r . ,1 . ` .. � a - 4 . t ;_ . 2- The basic tenet of the plan developed is that concentration of '_' 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 Mss 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 COMMITTEE 1989 COMPLIANCE REVIEW Mr. McSweeney, Selectman Liaison to the Cable Television & Communlcati(Tr 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 's activities and review of its 1989 Cable TV Compliance Revie NEW Committ e e 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 ''ormal notice of default in accordance with Section 33(g) of the License, "for repeated violations of obligations contained within the License tt a 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. 14n 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, 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 pmk trash removers in dealing with the operation because of a small access point. 4 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. mo 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. APRnD nev 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.A fif . 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. r_nMM T TM' MTQ 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 $555.80. 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 #143 --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. 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. I 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 $2,920,00O 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, A true record, Attest: it was voted to adjourn at 9:40 p.m. r arion H. Snow Executive Clerk s f, I , • ` �/ . r. L ti . �1^ ' • •: 4. ` a ): •3 f. t, r - %C• �� . ( s .� •. _ 5�... 't:r � a* c ' � `?.'- �`'1'i e. •F �"•. �t. �; � ti p• k ; 'S4,, � ti�;. lk � � •Sr A,. i � :1 a . t , +_ _ � ., s� r' .. , .. i �.. ,� .i ..tom .. � .. - ' f , x k. SELECTMEN'S MEETING , ( y Y i 4 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 Coit 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 5:50 a.m. A true record, Attest: Deborah Radway Assistant to the Town Manager VO I D F , E" r L ' SELECTMEN'S MEETING " May 21, 1990 e lar meeting of the Board of Selectmen was held on Monday, May 21, A r gu g Building, 1990, in the Selectmen's Meeting Room, Town g, at 7:30 p.m. n Chairman Smith, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mr. Acting resent. Cohen, Town Counsel; Mrs. Snow, Executive Clerk were p 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, $845,221.21; June Town Wide Water Bills, $648 93* RENEWAL LIMO LICENSE Upon motion duly made and seconded, it was voted to approve the P ap lications of Charles E. Parks for renewal of Limousine Licenses for Parks Limousine Service, two vehicles. MINUTES Upon motion duly made and secanded, 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 i the resignation of Eugene Lee, 9 Carnegie Place, from the Transportation Advisory Committee, effective immediately. 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 with 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 ap the abatement of ambulance charges in the total amount of $1,366.67 for 25 patients, as recommended by John D. Bergeron, Fire Chief, :• 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 -530 4, Legal Fees. p 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. P 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. Sml*tn 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 off ice to expire on March 4 1991 upon the Town Election of a new Planning Board member, Selectmen' Meeting -3- May 21, 1994 EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4 - o 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 notion duly made and seconded, A true record, Attest: it was voted to adjourn at 8:40 p.m. Marion Snow Executive Clerk POM NNW VO I D mow