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HomeMy WebLinkAbout1990-10-BOS-min SELECTMEN' S MEETING 0.17 October 29, 1990 I A regular meeting of the Board of Selectmen was held on Monday, October 29 , 1990, in the Selectmen ' s Meeting Room, Town Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr. Edd i son , M r. Dailey , M r. McSweeney; M r . White, Town Manager, M r. Lahey , Town Counsel ; Ms. Radway, Assistant Town Manager; Mrs. Snow, Executive Clerk, were present. REGIONAL POSTAL FACILITY Richard Canale, President of the South Lexington Civic Association, reported that members of the U. S. Postal Service Board of Governors, who will be making a decision on the proposal for construction of a regional postal facility in Waltham, at the Lexington Line, had been given video tapes showing the proposed Smith Street site and alternate sites which should be considered. Mr. Canale noted that Senator Kennedy and Congressman Markey will be issuing statements in support of the South Lexington group' s concerns and that Senator Kerry will be requesting that a Public Hearing be held on the proposal . MINUTES Upon motion duly made and seconded , it was voted to approve as presented the minutes of the Selectmen ' s Meeting on October 15 , 1990 . COMMITTEE APPOINTMENTS Upon motion duly made and seconded, it was voted to approve appointments and reappointments to the following committees, boards and commissions: TERMS EXPIRE HUMAN SERVICES COMMITTEE Ann W. Irving (reappt. ) 54 Spring 9 93 p g Street /30/ Barbara Levine(new app t. ) 75 Hancock Street 9/30/93 Jack Sarmanian(new appt. )330 Bedford Street 9/30/93 POLICE MANUAL POLICY COMMITTEE - Reappointments for 1 year Edith E. Flynn 32 Watertown Street 9/30/91 Gerald L. McLeod 71 Spring Street 9/30/91 William C. Hays 39 Locust Avenue 9/30/91 Chief Paul Furdon Lex. Police Dept.9/30/91 William J. Dailey, Jr. 1 Bushnell Drive 9/30/91 BRIDGE CHARITABLE TRUST -- Reappointment for 3 years David G. Williams 1433 Mass. Avenue 9/30/93 TRUSTEE OF THE - PUBLIC TRUST Reappointment for 6 years David G. Williams 1433 Mass. Avenue 9/30/96 l l96 FAIR HOUSING COMMITTEE -- Reappointments for 1 year Vidya Bhatia 8 Nickerson Road 9/30/91 Florence A. Baturin 11 Alcott Road 9/30/91 James A. Brannon 380 Lowell Street 9/30/91 Mary Haskell 5 Trotting Horse Dr. 9/30/91 Albert Huang 82 Pleasant Street 9/30/91 Leona Martin 19 Thoreau Road 9/30/91 Robert Pressman 22 Locust Avenue 9/30/91 William T. Spencer 32 Hancock Street 9/30/91 Ernest Tsai 4 Thoreau Road 9/30/91 Gerri C. Weathers 14 Drummer Boy Way 9/30/91 NOVEMBER MEETING SCHEDULE It was agreed that Selectmen' s Meetings will be scheduled for November 5 , November 19, November 26 commencing at 7 : 30 p.m. and on November 28, starting at 7 :00 p.m. SPECIAL TOWN MEETING Upon motion duly made and seconded, it was voted to call a Special Town Meeting on Wednesday, November 28 , 1990 , and to close the Warrant for the Special Town Meeting on October 29 , 1990 . Upon motion duly made and seconded, it was voted to sign the Warrant for the November 28, 1990 Special Town Meeting , as presented . 176 WALTHAM STREET DEED Upon motion duly made and seconded, it was voted to execute a Deed conveying land at #176 Waltham Street to the Lexington Housing Assistance Board for the sum of $1 .00 . The lot will be used for the construction of affordable housing . vow CONSENT AGENDA CHURCH OF OUR REDEEMER, ANNUAL FAIR Upon motion duly made and seconded, it was voted to approve the request of the Church of Our Redeemer for permission to advertise its annual fall fair on November 10 , 1990 by means of carrying sandwich boards in Lexington Center . COMMITMENTS Upon motion duly made and seconded , it was voted to approve the Commitment of the following charges: October Cycle 9 Water bills $57 , 306 .05 September final Water bills $ 1 , 986 . 83 September final Water bills $ 2 , 395 . 38 BOND ANTICIPATION NOTES M r . White explained the need to renew a bond anticipation note for the design work for the North Lexington Pump station in the amount of $214, 000 . It had been the intention to permanently bond that amount in October but it had been advised by the Revenue Officer , Robert Ebersole, to delay the permanent bonding until after the November 6 election, when more will be known about the State' s economy. "6( Selectmen ' s Meeting -3- October 29 , 1990 M r. Ebersole had recommended that Bay Bank , the lowest bidder, be 0.17awarded the renewal of the B.A. N. 1 ! Upon motion duly made and seconded , it was voted to approve the award of a Bond Anticipation Note in the amount of $214, 000 for work on the North Lexington Pump Station , to Bay Bank, and to execute the notes in Bay Banks' name. MANAGEMENT ASSISTANCE , HOUSING AUTHORITY M r. White referred to the scope of work involved in managing the Town ' s increasing affordable housing stock, and the need for assistance from an experienced housing management professional in this area. A proposal to hire the Executive Director of the Housing Authority as a consultant for that purpose had not met with support from state and federal agencies such as HUD and EOCD who feel that arrangement would present conflicts. A draft letter to William Spencer , Chairman of the Housing Authority , requesting allocation of ten hours per month of professional assistance from the Executive Director, was reviewed. Upon motion duly made and seconded, it was voted to authorize Mrs. Smith to sign the letter on behalf of the Board. EMERSON GARDENS UNITS There was brief discussion about the acquisition by the Town of 10 2-bedroom units at Emerson Gardens, for a successful bid of $783,000 . It was noted that nine of the ten units are currently occupied . Questions arose as to what procedures would be implemented in offering assistance to the evicted tenants of those units . None of the tenants , in the units purchased, are under the protection of the condo conversion by-law which allows them to remain until the completion of five years from eviction notice, or 18 additional months . The Selectmen were assured that LexHAB would work to help in relocation of the nine tenants affected. PINE MEADOWS DEVELOPMENT Mr. Marshall introduced Lisa A l bergh i n i and Steve Tyson of Community Builders, Inc. , who were present to report to the Board on a revised development plan for Pine Meadows , as submitted to the Planning Board on October 23 , 1990. Mr. Marshall noted that the 1990 Town Meeting had been generally supportive of the plan for 40 units of housing and the road design proposed but had expressed reservations regarding the sale of up to 11 lots at market rate to help with the funding of construction. It is felt that the revised plan responds to input from Town Boards and Town Meeting. The original development plan, showing up to 11 lots to be sold was displayed and Mr. Tyson outlined concerns expressed by various boards on several aspects of that plan. -4- The revised plan which addresses the issues raised regarding distribution of units , access points to the ba l l f i e l d , conservation and recreation land, and the road configuration was shown and its major points outlined . The revised plan showed two lots to be sold " sr and plans for landscaping , more refined to show details. Mr . White noted that the Planning staff sees significant improvement in the new plans , and that Community Builders, with the assistance of Town staff have worked to prepare a complete and comprehensive plan for presentation to Town Meeting . Ms . Alberghini reported that the Town is seeking a $724,000 State grant for roadway construction. Applications have also been made for a Rental Development Action Loan (RDAL) and eighteen 707 back up Certificates. Responses on applications from the State are expected before the start of the Special Town Meeting A $3 , 182 ,000 mortgage with the Lexington Savings Bank has been backed by the Federal Home Loan Bank Board. Mr . Marshall added that the goal is to go to Town Meeting without the need for sale of lots or LexHAB funding . He complimented Ms . Alberghini , Mr . Tyson for an excellent job, as well as Ms. Radway and the Town staff who have worked hard an also deserve thanks. EXECUTIVE SESSION Upon motion duly made and seconded , it was voted 5 -0 by roll call vote, Mrs. Smith , Mr . Marshall , Mr. Eddison , Mr . Dailey, Mr. McSweeney, to go into Executive Session for discussion of matters of Labor Negotiations, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9 : 00 p .m. c` A true record , Attest: 1/7d1),Z- V\- ,712,6f1(r Marion H . Snow Executive Clerk MOW 4 I 0... SELECTMEN'S MEETING October 15, 1990 A regular meeting of the Board of Selectmen was held on Monday, October 15, 1990, in the Selectmen's Meeting Room, Town Office Building, at 8: 15 p.m. Chairman Smith, Mr. Eddison, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mr. Lahey, Town Counsel ; Mrs. Snow, Executive Clerk, were present. Mr. Marshall and Ms. Radway, Asst. Town Manager, joined the meeting later. PROCLAMATION. WORLD SUMMIT FOR CHILDREN Rene Cochin, Co-Chairman of the Human Services Committee, and Stephen Baran, Human Services, Coordinator, were present to request on behalf of the Human Services Committee and RePlace, that the Selectmen proclaim the week of October 28th as "World Summit for Children Week" . Mrs. Cochin reported on the World Summit for Children which was held at the United Nations on September 29 and 30, 1990, with Heads of State from around the world participating in the forum focusing on the universal problems of children worldwide. In addition impetus was provided for the ratification of the Convention on the Rights of the Child, a legal codification of '.."., society's responsibilities to children, adopted by the U. N. General Assembly in 1989. Many nations have formally endorsed these goals by ratifying the Convention of the Rights of the Child, but the United States has not yet done so. RePlace and the Human Services Committee requested that the Selectmen declare the last week of October, in conjunction with collections by children for UNICEF on Halloween, as "World Summit for Children Week" . Mrs. Cochin noted the significant role of Steve Baran in this project, including the preparation of the proposed Proclamation. Mrs. Smith thanked the Committee and Mr. Baran for their efforts and agreed that all should work diligently to preserve the rights of children in the world. Upon motion duly made and seconded, it was voted to proclaim the week beginning October 28, 1990 as World Summit for Children Week in Lexington, in support of the Convention on the Rights of the Child. MINUTES Upon motion duly made and seconded, it was voted to approve, as presented, the minutes of Selectmen' s Meetings on September 10, and September 24, 1990. ANNUAL COMMITTEE APPOINTMENTS Mrs. Smith referred to the list of members of committees whose terms expired on September 30, and who had been recommended for reappointment. A proposed appointment to fill a vacancy on the Arts Council , was included. )l '`f -2- Mr. 2-Mr. Eddison expressed his support of the reappointments/ appointment of those listed i n the report. Upon motion duly made and seconded, it was voted to approve the reappointments/appointment to Boards, Committees and Commissions, as follows: CONDOMINIUM CONVERSION BOARD Catherine H. Deans, 201 Lincoln St. , reappointed to 9/30/93 Daniel J. Griffin, Jr. , 4 Kitson Park Dr. , reappointed to 9/30/93 DESIGN ADVISORY COMMITTEE Richard Bechtel 16 Lake St. reappt. to 9/30/91 Kerry Brandin 117 Shade St. " 9/30/91 Thomas Coffman 31 Lincoln St. " 9/30/91 John Frey 1133 Mass. Ave. " 9/30/91 Albert Huang 82 Pleasant St. " 9/30/91 Barbara Hu l si zer 2 Battle Green Circle " " 9/30/91 Walter Pierce 16 Trotting Horse Dr. " 9/30/91 John Vinton 11 Leonard Rd. " 9/30/91 Elizabeth Whitman 5 Hancock Ave. " " 9/30/91 FENCE VIEWERS Martin A. Gilman 20 Capt.Parker Arms,#20 " " 9/30/91 William H. Sullivan 14 Milk St. " 9/30/91 '"'"' GAMMEL LEGACY TRUST Elizabeth M. Flynn 310 Concord Ave. " 9/30/91 Leona W. Martin 19 Thoreau Rd. " " 9/30/91 LEXINGTON CENTER COMMITTEE Edward Barsamian P.O. Box G " 9/30/93 William Bowen 118 Marrett Rd. " 9/30/93 Robert L. Ossman 35A Wachusett Dr. " " 9/30/93 TRAFFIC SAFETY ADVISORY COMMITTEE Peter M. Chalpin, 1 Prescott Way, Woburn reappt. to 9/30/91 Eric T. Clarke 29 Moon Hill Rd. 9/30/91 Catherine England 34 Grant St. " 9/30/91 Myla Kabat-Zinn 58 Oak St. " 9/30/91 William E. Mix 153 Grove St. " 9/30/91 Robert Trask 217 Waltham St. 9/30/91 Capt. James Kilmartin, Lexington Police Dept. " " 9/30/91 LEXINGTON COUNCIL FOR THE ARTS Robert Frank 2 Homestead St. " " 9/30/92 Robert Gartside 20 Loring Rd. " 9/30/92 Penelope Hart 64 Bloomfield St. " 9/30/92 Elizabeth Parsons 2173 Mass. Ave. " 9/30/92 Melinda Vinton 11 Leonard Rd. " " 9/30/92 Samuel L. Powers 7 Dunham St. appointed to 9/30/92 ''/‘ Selectmen' s Meeting -3- October 15 , 1990 Pmft, TRANSPORTATION ADVISORY COMMITTEE Donald M. Graham 4 Millbrook Rd. Reappt. to 9/30/93 William P. Murphy 26 Estabrook Rd. if 9/30/93 Nicholas Santosuosso 2 Washington St. II " 9/30/93 LEMON GRASS COMMON VICTUALLER LICENSE Upon motion duly made and seconded, it was voted to approve the application of Lemon Grass, Inc. d/b/a Lemon Grass, 1710 Mass. Avenue, for Common Victualler License with hours of operation of 11 :00 a.m. to 11 :00 p.m. , seven days a week, as approved on September 27 , 1990, by the Board of Appeals. The vote to approve was conditional upon final approval of the premises by the Board of Health, and issuance of an Occupancy Permit by the Building Commissioner. WARRANT. STATE ELECTION Upon motion duly made and seconded, it was voted to endorse the signature page of the Warrant for the State Election to be held on Tuesday, November 6 , 1990, to be prepared for service by the Constable on October 25 , when the full text of the Warrant has been received from the Town Clerk. CONSENT AGENDA pi.ik PROCLAMATION. "UNITED NATIONS DAY" Upon motion duly made and seconded, it was voted to proclaim October 24, 1990, as "United Nations Day in Lexington" , focussing on International Literacy Year, as requested by Dan Fenn, Jr. Chairman for Massachusetts, U.N. Day. COMMITMENT OF CHARGES Upon motion duly made and seconded, it was voted to approve Commitment of the following charges: Sewer, August final bills $1 ,498. 14 Water, August final bills $1 , 380 . 82 Street Opening Permit fees $ 650.00 ABATEMENTS Upon motion duly made and seconded, it was voted to approve the abatenebt if Water Charges, in the amount of $162 . 62; Sewer Charges, $3,087 . 61 ; and demand Charges, $5.00. APPOINTMENT TO COUNCIL ON AGING Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of James F. Fenske, 14 Slocum Road to the Council on Aging to fill an unexpired term to June 1 , 1993 . POSTAL FACILITY. MEPA HEARING Mr. White noted that the Mass. Environmental Protection Agency Public Hearing on the proposed construction of the U.S. Postal Service Regional Facility at Smith Street in Waltham is -4- scheduled 4-scheduled for 2:00 p.m. on October 16 . The Board reviewed a 1=w draft letter to EPA Sec. deVillars, expressing Lexington's concerns about wetlands, air quality, noise, air pollution, traffic and the Postal Service' s failure to acknowledge potential impact in Lexington in the Environmental Assessment and ENF forms prepared on the Facility proposal . It was agreed to also include in the letter a request for a requirement that alternate sites for the Facility, outside the Smith Street area, be identified. Mr. White noted that he had arranged for a public hearing on the proposal on October 22 , in Cary Hall , but that Postal Service official Robert Coven had declined to participate in i t, feeling that U. S.P.S. cooperation in local processes to date had allowed sufficient opportunity for Town review and response. Mr. Coven offered to speak with residents on the proposal on October 16 , following the MEPA meeting. Mrs. Smith expressed extreme displeasure at the refusal of the Post Office to attend the Hearing. She asked that the Postal Service be informed of the Selectmen' s disapproval of its attitude and be requested to postpone the U. S. P. S. November 1st decision on the project until after the information generated at the MEPA hearing on October 16 had been developed and the review process completed. At the MEPA meeting, Mr. White will convey the Board 's displeasure at the Postal Service's inflexibility i n ..� accommodating the Town in the matter and will urge that the complete MEPA process be taken into consideration before any decision is made. M r. Eddison, who will also attend, will inform the Postal Service of the Board' s view that remedial improvements to roads and intersections should be implemented by U. S. P.S. and be in place before construction is started. Richard Cana l e, President of the South Lexington Civic Association, reported that he had been in touch with our Legislators in Washington and that all are preparing letters in support of the local position and urging that a Public Hearing on the proposal be held by the Postal Service. Caleb Warner and Helen Wade of Concord Avenue also expressed their opposition to the proposal . Mr. Warner noted that Spring and Smith Street has been designated by the Sierra Club as a jogging and bike path and is used for those purposes quite heavily. M r. Eddison and M r. White will work on revisions to the draft letter to Secretary deVillars to include the views expressed by Board members. Mrs. Smith requested that the Manager make clear to the Postal Service that "piggy backing" a meeting with citizens after the MEPA meeting was not considered an adequate opportunity for response. Mr. Marshall had joined the meeting during the discussion. Selectmen' s Meeting -5- October 15 , 1990 CLT PETITION. QUESTION #3 M r. White referred to an analysis of the effects on cities and towns of the Citizens for Lower Taxes (CLT) Petition (Question #3 on the ballot of the November 6 State Election) , prepared by the Dept. of Revenue, Division of Local Services. The report estimated revenue loss at State level if CLT passes to be $1 . 355 billion for FY' 91 , and that most municipalities would receive a 21 . 3% decrease in local aid. Lexington' s mid FY91 reduction would be $780,000, with almost twice that expected for FY92 . He also noted a request from Moody's Investor Service f o r provision of information by cities and towns to allow assessment of the credit implications of the CLT Initiative. He asked that both perspectives be taken into consideration when coming to a decision on the Board's position on Question #3. Mrs. Smith pointed out that although it is not often that the Board takes a formal position on a Referendum Question, she felt it important to do so in this case. She noted the drastic effect of the CLT petition, if approved, on Public Works, Public Safety, Human Services and the School system, adding that the petition is more than just a firm message to the State, as so many voters seem to think. Mrs. Smith's draft position statement opposing Question 3 had been distributed to the Board. Mr. Eddison voiced his support of the statement and said he felt it important to take this stand in the interest of the Town. Mr. Dailey said that he supported the gist of the statement but added that if Lexington would not be so badly impacted by its passage, he would have supported Question 3 as a message to the Legislature. Mr. McSweeney agreed with Mr. Dailey and asked, in view of comments from many citizens, if the Board would also be taking a stand on Question 5. Mrs. Smith felt that the draft being considered that night should convey only a statement on Question 3. M r. Marshall pointed out that it was important to keep in mind how badly the economy has deteriorated during the 18 months since Question 3 was framed. He agreed that the Board should also make its position known on Question 5 , which he supports. He asked that the Board' s position statement on Question 5 be placed on the agenda for October 29. Upon motion duly made and seconded, it was voted to approve the draft statement in opposition to Question 3 of the ballot for the November 6, 1990 State Election. SPECIAL TOWN MEETING ARTICLE Mr. White referred to the Special Town Meeting which is proposed for November 28, to deal with the Pine Meadows development and other matters. A draft article, prepared by the Planning Director and Town Counsel regarding the conveyance of land and rezoning of land at Pine Meadows, was reviewed. '!-L9 _6 Mr. White asked that the Board vote to insert this Article in the Warrant for the Special Town Meeting. w..r� Upon motion duly made and seconded, it was voted to insert an article dealing with procedures regarding the development of Pine Meadows in the Warrant for a Special Town Meeting to be called for November 28, 1990. Mr. Marshall , who is Chairman of the Pine Meadows/Meagherville Site Development Committee, noted that the architect designing the layout of the development will be submitting modifications to his plan and that three alternative plans had been presented to the Planning Board that evening. He invited all to attend the October 18th meeting of the Pine Meadows Committee for further information on the plans. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 -- 0 by roll call vote, Mrs. Smith, Mr. Marshall , Mr. Edd i son, Mr. Dailey, Mr. McSweeney, to go into Executive Session, with no intent to return to open session, for discussion of negotiations on the possible purchase of real property and of labor relations, the disclosure of which could adversely affect the interests of the Town. Upon motion duly made and seconded, it was voted to adjourn at 10: 20 p.m. e-7// q.w A true record, Attest: ji Marion . Snow Executive Clerk ■nw