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HomeMy WebLinkAbout1990-12-BOS-min SELECTMEN' S MEETING December 3 , 1990 A regular meeting of the Board of Selectmen was held on Monday, December 3 , 1990, in the Selectmen' s Meeting Room at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr. Eddison, Mr. Dailey, Mr. McSweeney; Mr. White , Town Manager; Mr. Lahey, Town Counsel ; Ms. Radway, Asst. Town Manager; Mrs. Snow, Executive Clerk, were present. MOTHERS, AGAINST DRUNK DRIVES Alice Klein of the P.T.A. Council was present to distribute to the Board and audience, red ribbons to be tied to visible locations on automobiles to show support for the "Mothers Against Drunk Drivers" 1991 campaign, sponsored by MADD, Metro West Chapter. Mrs . Klein listed national and local businesses and organizations which have contributed funds to "Project Red Ribbon" and expressed her appreciation for the support shown by the Board and the Town Manager. Mrs. Smith thanked Mrs . Klein for her efforts in this worthwhile endeavor, noting that there obviously was a correlation between the considerable decrease in traffic r7 fatalities and MADD' s activities. GASOLINE STORAGE HEARING. LEDGEMONT LABS Mrs . Smith opened a Public Hearing by reading the Legal Notice on the application submitted by Beal & Company, Inc . on behalf of Ledgemont Research Park Associates II , for license to store gasoline in automobiles parked in a free-standing garage at 95 Hayden Avenue . Permission is being sought to store a maximum of 14 , 000 gallons in no more than 700 automobiles. The Chairman noted a memorandum from George Smith, Director of Public Health, recommending approval of the license , subject to submittal of a contingency plan for accidental spills . This contingency plan had been provided by the applicant . The Fire Chief had approved the plans and application. There being no further comments or questions, Mrs . Smith declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the application of John T. Gregg, Beal & Company, Inc . on behalf of Ledgemont Research Park Associates II for permission and license for storage of a maximum of 14 , 000 gallons of gasoline in automobile gasoline tanks of 700 automobiles , in a free-standing garage at 95 Hayden Avenue , Lexington. PUBLIC HEARING CLUB LICENSE. VFW omorni Mrs . Smith opened a Public Hearing on the application of VFW Post 3007 for Club License to sell all kinds of alcoholic beverages. The Legal Notice was read and Cecil Jones, who has been appointed as the Club' s Manager, explained the application, which had been prompted by a ruling of the ABCC requiring a Club license to continue the social operations at the Post. U -2- There being no comments or questions on the application, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the application of the Lexington Veterans of Foreign Wars, Inc . , Post #3007 , 2 Hayes Lane , for a Club Liquor License and approval of the appointment of Cecil C. Jones, Manager. The license will expire on December 31 , 1991 . LEXHAB APPOINTMENT Upon motion duly made and seconded, it was voted to reappoint Sherry B. Edmond, 23 Pine Knoll Road to the Lexington Housing Assistance Board, for a term of office to expire on December 5 , 1993 . PROCLAMATION, REPLACE The Board reviewed the request of William Blout , Director of RePlace , for a Proclamation of Annual RePlace Day on September 25 , 1991 , and every Sept . 25th, thereafter.d Question arose as to whether it would be appropriate to proclaim that day permanently or to issue proclamations each year. Mr. Marshall suggested that the wording be changed to proclaim September 25 , 1991 , as RePlace Day and to act on the agency' s requests in subsequent years as they are made. Upon motion duly made and seconded, it was voted to proclaim September 25 , 1991 as RePlace Day, in acknowledgement of its 21st anniversary. DESIGN GUIDELINES Mr. Eddison noted the attendance of members of the Planning Board , Design Advisory Committee and Lexington Center Committee , who had been invited to join the Selectmen for presentation of "Design Guidelines for Commercial Districts , Volumes I & II" . David Dixon, whose firm had developed the guidelines was also present . Mr. Eddison welcomed all and spoke of the contributions of the D.A. C. , C . R. C. , L.C.C. , Planning staff and Town Manager during the Guideline ' s two year production period. He gave special appreciation to Margery Battin, as Chairman of the Center Revitalization Committee and Lexington Center Committee , and to Norma Bogen, who had prepared "Lexington Center: Managing Change" in 1986 . He considered the new study to be an excellent tool in the ongoing efforts to maintain the character and ensure the attractiveness of the Town. Mr. Eddison recapped the proposal to the 1988 Town Meeting for funding of the study, which had been expanded to cover all commercial districts as well as Lexington Center. David Dixon was invited to present the newly published guidelines to the Selectmen. John Frey, Chairman of the D.A.C . , said that it had been a *Ai great opportunity to work with Mr. Dixon and thanked former and current members of the D.A.C. for their long hours of work. (P-L6' Selectmen' s Meeting -3- December 3 , 1990 Following the presentation, Mr. Dixon said he had enjoyed his commission and commented on the enthusiastic participation of the D.A. C . and L.C . C . in the process . He described the content of the two volumes : Volume 1 , which deals with public improvements and Volume II which covers private sector improvements. He gave his impression of Lexington Center as vital and well maintained, with historic roots and said that the Guide can be truly effective in maintaining its attractiveness when used for reference and public education. Mr. Eddison said that he intends to follow up on the use of the document as a tool . A workshop for Town employees on the guidelines is being planned. The Lexington Center Committee will work with the Chamber of Commerce to publicize the study and architects in the Town will be encouraged to use the guide in private improvement projects . Mr. Eddison expressed the appreciation of the Board for the excellent work done by Mr. Dixon' s firm and thanked him for his attendance and help that evening . INNKEEPER LICENSE, BATTLE GREEN INN Mrs . Smith noted a report from Fire Chief Bergeron relative to renewal of Innkeeper Licenses for 1991 . The Chief recommended that the applications of the Days Inn and the Sheraton/Lexington Inn be approved when they are submitted . Regarding the Battle Green Inn, it was noted that the Manager, Mr. Hanafin, has not responded to the Chief ' s repeated requests that he apply for a license to store flammable fluids in Lhe underground parking garage of the Inn. Chief Bergeron recommended that the Board withhold the Inn' s Innkeeper license until the Manager has complied with that requirement . Upon motion duly made and seconded, it was voted to approve the application for renewal of InnKeepers License for the Battle Green Inn, subject to submittal to the Selectmen by Mr. Hanafin of his applications for Gasoline storage license and check for $100 . 00 license fee . REVENUE PROJECTIONS Mr. White reviewed with the Board his projections for revenue trends for FY92 , which, he noted, were not optimistic . He advised that the FY92 budget process be approached with great caution and with the hope that the School Committee will participate cooperatively. Shown on a sheet entitled "Revenue Projections" , were figures for FY91 , forecast figures for FY92 , and adjusted Fy92 figures . The adjusted Fy92 revenue figures had been developed because of the Manager ' s expectation, based on a decrease in total available funds in FY91 , that that trend will continue to be downward. By the Manager' s calculations , there will be a decrease of $1 , 071 , 552 in FY92 net revenues . I � -4- mow Regarding any revenue to be expected from passage of the Jet Fuel Bill , Mr. Eddison reported that because the bill has not been completely passed by the Legislature , nothing has been received as yet by Lexington. Representative Doran is now making effort to expedite its enactment . In discussion of the level of Free Cash, Mr. White reported that after the expected approval by Town Meeting of paying unpaid bills of the School Department, there will be a balance of $2 , 878 , 059 . He advised that only $2 . 4 million be spent, to leave a balance of $478 , 000 as an emergency fund. Mr. White went on to list new sources of revenue he had identified such as quarterly, rather than semi-annual water and sewer bills and keeping departmental budget increases at about V%, rather than from 3 to 4%. John Ryan, Comptroller, said that he felt the Manager' s picture of the financial situation to be about as optimistic as it can be painted in view of the bleak financial situation the State is going through. It was agreed that a joint meeting with the School Committee be scheduled for discussion of fiscal problems prior to any action on budgets. Mrs. Smith stated that both Town and School departments need to keep the Manager' s revenue projections in mind when deciding on budget matters . wow STREET LIGHTING Mr. White noted recent increases in energy costs and the probability that FY93 electricity charges would increase by about $50 , 000 . He reported on his exploration of potential savings if all incandescent street lights in the Town were to be replaced with high pressure sodium lamps , which was estimated to be approximately $67 to $73 , 000 . He advised early participation of the Lighting Options Committee in the decision process on the proposal . Richard Spiers , Director of D. P. W. , and Peter Chalpin, Assistant Town Engineer, were present for the discussion. Mr. Spiers reported that the Boston Edison Company has offered to implement the changeover at no cost to the Town. In response to Mr. Eddison' s question, Mr. Chalpin said that the street lights in Lexington Center could be left as they are without any significant decrease in savings . It was agreed that input from the Lighting Committee was needed and that a start with the process immediately after the holidays should be planned. ORDERS OF TAKING STREET ACCEPTANCES . Upon motion duly made and seconded, it has voted to sign Orders of Taking for the nine streets accepted at the 1990 Annul Town Meeting : ' Phil b rook Terrace, 651' +, from Grassland Street southerly to the end. Solomon P i e roe Road, 5404' +, from Maple Street to Woburn Street. Selectmen' s Meeting December 3 , 1990 rm7 Joseph Comee Road, 955' +, from Solomon Pierce Road to Butterfield Road. Lathrop Circle, 51 T' +, from Joseph Comee Road westerly to the end. Butterfield Road, 550' +, from Solomon Pierce Road easterly to Joseph Comee Road. East Emerson Road, 3350' +, from south of Maureen Road to Ridge Road. Jonas Stone Circle, 552' +, from East Emerson Road southerly to the end. T i dd Circle, 630' +, front Grove Street easterly to the end. North Emerson Road, 140' ±, from Diamond Road westerly to the end. Upon motion duly made and seconded, it was voted to adjourn at 8 : 53 p.m. ,/' e A true record, Attest : f'),! 1 r - ufeek- Marion H. Snow Executive Clerk rte• Porn } 4 SELECTMEN ' S MEETING December 17 , 1990 A regular meeting of the Board of Selectmen was held on Monday, December 17 , 1990 , in the Selectmen' s Meeting Room Town Office Building , at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr. Eddison, Mr. McSweeney; Mr. White, Town Manager; Ms. Radway, Asst. Town Manager; Mrs. Snow, Executive Clerk, were present. Mr. Cohen, Town Counsel, arrived later. PUBLIC HEARING BOSTON GAS. WALNUT STREET Mrs . Smith opened a public hearing on the petition of Boston Gas Company for grant of location for installation of a gas main in Walnut Street. Warren Gilson, Jr. , representing Boston Gas , explained that the work would be performed to service customers at the Potters Pond complex and new homes to be constructed in the area. Richard Spiers, Director of Public Works , had recommended approval of the petition, subject to installation of a bituminous overlay of the entire construction area, rather than only trench patching , since the major portion of the excavation will take place in the paved roadway. There being no further comments , Mrs . Smith declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plan and orders of Boston Gas Company for a grant of location for approximately 1 , 200 foot 2-inch gas main to be installed in Walnut Street , as shown on an accompanying plan, subject to the following condition: A bituminous overlay of the entire construction area from beginning to end will be installed - from the Waltham/Lexington boundary to the surface joint just beyond the entrance to Potters Pond. FY92 BUDGET, SCHOOL COMMITTEE The School Committee and members of the Appropriation and Capital Expenditures Committees, met with the Board for review and discussion of the Town Manager' s FY92 Revenue Projections , Mrs . Smith thanked all for their commitment to the Town and for their presence at the meeting that evening for continued dialogue on the budget. She noted that the Selectmen had adopted as one of their goals a closer working relationship with the School Committee , so as to get through the financial difficulties now facing the Town and she felt that goal was beginning to be realized. Mr. White distributed copies of his Revenue Projections for •""R' FY92 , as forecast last June and adjusted to reflect the changes in economy from July through November. The adjusted estimates were even less optimistic than those developed in June although it is still expected that Cherry Sheet receipts will remain level . k Other sources of revenue such as local receipts , fines and all other fees are expected to be lower by almost one half million dollars . Use of available funds - Free Cash will be reduced to $4 , 745 , 000 and Real Estate levy generated by new construction is also expected to be down. It is estimated that net revenues will amount to $56 , 385 , 387 , or a decrease from the June projection of $1 , 071 , 552 . Mr. White spoke of his commitment to present a balanced budget to the Selectmen and saw a significant limit on capital improvements in order to fulfill this commitment without any substantial new revenue sources. Dr. Geiger said that among the areas of cutbacks to be dealt with by the School Committee , is a major reduction in personnel to be implemented without affecting programs . He asked the Manager for an indication as to whether a 3 to 3 1/2% school budget increase would be considered acceptable . Mr. White responded that he will be proposing reductions in the municipal budget , which the Selectmen may or may not approve . He stressed the importance that all be aware of the drop in revenue and proceed accordingly, adding that the is now using 3% as the school department increase . Both Mr. White and Mr. Marshall said that they saw no immediate prospects for improvement in the financial situation. Immo Copies of the Town By-laws and the Town Manager/Selectmen pct were distributed to members of the School Committee and Mrs . Smith again thanked them for their cooperation and their attendance at the meeting . REGIONAL POSTAL FACILITY Richard Canale , President of the South Le::.ington Civic Association, was present to update the Board on efforts to prevent the U. S . Postal Service from locating the Northeast Postal Facility on Smith Street . Mrs . Smith thanked Mr. Canale for the Association' s work in communicating the concerns of the Town relative to the proposal . Mr. Canale reported that the Postal Service Board of Governor' s in Washington has now approved the Smith Street site for the facility, based on a previous finding that the construction would be of no significant impact to Waltham and Lexington. He requested some form of Town support for the City of Waltham in its legal action against the Postal Service , which it is hoped , would force consideration of other sites for the facility. Waltham has initially appropriated $10 , 000 for the purpose . Mr. Canale recapped events of a recent meeting of officials of Lexington, Waltham, Cambridge and Weston for discussion of the _ Postal Service proposal . The consensus was that the Smith Street site is not adequate to support the facility proposed and it had been decided that legal avenues to block its construction shouls be explored. ts" Selectmen ' s ,Meeting -3- December 17 . 1990 It is hoped that the four communities will request Senator Kennedy to ask the General Accounting Office ( GAO ) for a special study of the U. S . Postal service real estate operations to answer some important questions regarding the Postal Service ' s ability to site major facilities at will in communities . Mr. Canale referred to a "Political Feasibility" statement , issued by the Postal Service on impacts of the facility on areas surrounding the Smith Street site , the GTE site in Weston and the Nelson site in Waltham. It was stated that officials from Lexington and Waltham had indicated little concern for a GMF at the Smith Street location. Since the Postal service claims that Lexington will not be adversely affected, its previous commitment of $700 , 000 to fund traffic improvements in Lexington has been withdrawn. Regarding Lexington' s role in the legal action against the Postal Services , Mr. White noted that Waltham is taking the lead and advised that Lexington' s Town Counsel act as a monitor and advisor in the procedures , thus avoiding redundancy in the action. The Manager is prepared to offer technical assistance and to provide any information that would be helpful to Waltham in its efforts . He recommended that the Selectmen vote to offer om support the City of Waltham as he had outlined . Upon motion duly made and seconded , it was voted to offer support to the City of Waltham in the legal action against the U. S . Postal Service , as recommended by the Town Manager. Alan Wade of the S . L . C . A. offered to prepare a draft letter to Senator Kennedy from the Selectmen, requesting him to enlist the aid of the General Accounting Office , as mentioned earlier. MI'�Tt;TES Upon motion duly made and seconded , it was voted to approve as presented the minutes of the Selectmen' s Meeting on November 26 , 1990 . MER I AM STREET PARKING METERS The Board reviewed the report of the Traffic Safety Advisory Committee on the suggestion by Bigelow Moore , Parking Enforcement Officer, for the addition of two parking meters on Meriam Street between Meriam St and the entrance to the municipal parking lot . The areas now zoned "No Parking" but is frequently used by motorists because of its proximity to the shopping district . Since there appears to be no operational or safety drawbacks , the committee recommended that Mr. Moore ' s suggestion by approved . Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee that two additional parking meters be installed on Meriam Street , with gam% the understanding that the new metered space which crosses the Bicycle Path will be eliminated when the Bicycle Path becomes operative . mow Mrs . Smith expressed the appreciation of the Board to Mr. Moore , who was present , for the excellent job he is doing in his new capacity as Parking Enforcement Officer . It was noted that in addition to parking revenue generated, Mr. Moore repairs meters and has generally added new dimensions to the Enforcement Officer' s job. DESIGN GUIDELINES Mr. Eddison asked for the endorsement of the Selectmen of the "Design Guidelines for Commercial Districts" which had been formally presented to the Board on December 3rd. He felt that it was important for citizens to know that the two major Town Boards , the Selectmen and Planning Board, have accepted the document as the Town' s guidelines for design of private sector and public improvements . Upon motion duly made and seconded, it was voted to endorse " : Design Guidelines for Commercial Districts , " Volumes I and II . CONSENT AGENDA EXTENSION OF HOURS , HARTWELL HOUSE Upon motion duly made and seconded, it was voted to approve the request of Lawrence Tropeano for extension of hours to 1 : 00 a.m. on December 31 , 1990 . imiss AUCTIONEER LICENSES Upon motion duly made and seconded , it was voted to approve the applications of P. J . Herrick, Co. , Inc . 8-10 Martin St . , Essex, MA for Auctioneer Licenses on December 29 and 30 , 1990 , and January 5 , and 6 , 1991. for an auction of inventory and equipment of the Colonial Pharmacy, 1754 Mass . Avenue . COMMON VICTUALLER LICENSES Upon motion duly made and seconded , it was voted to approve applications for renewal of Common Victualler Licenses for 1991 , for the following : The Coffee Connection, Inc . 1729 Mass . Avenue Eddie ' s of Lexington 20 Waltham Street New Asia in Lexington 211 Mass . Avenue Roy Rogers Restaurant Route 128N. Steve ' s Ice Cream 1749 Mass . Avenue .' Brigham' s Store ;696 38 Bedford Street 2 Selectmen ' s Meeting -5- December 1 7 , 1990 Denny' s Inc . 438 Bedford Street Sheraton Tara Lexington Inn 727 Marrett Road The Lexington Club 475 Bedford Street Lemon Grass , Inc . 1710 Mass . Avenue Pine Meadows Golf Club 255 Cedar Street The Kitchen, Inc . 363 Mass . Avenue INNKEEPER LICENSES Upon motion duly made and seconded , it was voted to approve applications for renewal of Innkeeper Licenses for 1991 for: pima Sheraton Tara Lexington Inn 727 Marre tt Road Days Inn 440 Bedford Street COMMON CARRIER LICENSE Upon motion duly made and seconded , it was toted to approve the application for renewal of Common Carrier License of James H . McCarthy Limousine Service , Inc . , P.O. Box J27 , Leominster , MA 01453 . ENTERTAINMENT LICENSE Upon motion duly made and seconded, it was voted to approve the application for renewal of Entertainment License for 1991 of Sheraton Tara Lexington Inn, 727 Marrett Road. CONSERVATION RESTRICTION , KATAHDIN WOODS Upon motion duly made and seconded , it was voted to sign a Conservation Restriction, previously signed and subsequently amended as required by the Division of Conservation Services , for land at Katandin Woods . COMMITMENTS Upon motion duly made and seconded, it was voted to approve '""'"` commitment of Charges as follows : Final Water bills , November $ 961 . 23 Final Sewer bills , November $1 , 326 . 27 Cycle 9 Water bills , December S476 , 545 . 21 COMMON CARRIER LICENSES - LEXPRESS Upon motion duly made and seconded, it was voted to approve the application of A-Connoisseur Transportation for five Common Carrier Licenses for the transportation of passengers for hire by LEXPRESS along the routes as outlined by the Town, to remain in effect throughout the term of the contract between the Town and A-Connoisseur Transportation for a mini-bus service , not longer than December 31 , 1993 . STUDENT GOVERNMENT DAY Mr. White referred to his "Proposal for High School Government Day" , in which he had outlined the objectives and design of the program. This year' s program will provide students with more sophisticated hands-on experience . Eighteen positions will be available , increased over last year' s offerings because of interest shown at that time in an expanded program. The Manager reviewed the proposed calendar of events for the student officials beginning in late January with orientation and dis.:.ribut ion of information on current issues ; selection of jobs and issues by students and work by the students and staff on a particular problem; development of strategy for presentations to the Board of Selectmen; meeting of student school committee led 1 by a student superintendent to develop strategies for mock board meeting ; mock School Committee/Board of Selectmen meeting ; attendance at a session of the Actual Town Meeting ; and a luncheon/presentation of certificates to participants . Mr. White asked the Board ' s endorsement of the program, as presented. Mrs . Smith felt that it was an excellent idea and hoped it can be continued and expanded upon even more i . e . a course on Town government given in the schools . She asked that if possible , interest be generated in appointments as student Planners , which, she noted , was omitted from the list of positions available because of lack of interest in planning activities last year. Mr. Eddison commended the Manager for giving greater depth in time and opportunities to students in this year' s program. All Board members agreed that the Manager should go forward with his plans . STREET RESURFACING BIDS Mr. White reported that bids for the street resurfacing programs had been opened recently and that the results of the bidding were alarming . The three bids submitted had exceeded preliminary projections due , the Manager felt , to uncertainty in the repaving industry caused by the Middle East crisis . He a requested that the Selectmen vote to reject all bids submitted . t Upon motion duly made and seconded, it was voted to reject ,ow all bids submitted for the street resurfacing program, opened on December 13 , 1990 , as recommended by the Town Manager. The project will be rebid, hopefully in the Spring , when o prices have become more stable . Selectmen' s Meeting -7- December 17 , 1990 ENHANCED 911 BILL Mr. White referred to the enhanced 911 emergency bill , signed by the Governor on December 13 , which must be accepted by cities and towns within 12 months to qualify for participation. Although details of the process for acceptance by Town Meeting are not known at this time , he recommended its endorsement by the Board. ARTICLE 5 TRANSFERS Upon motion duly made and seconded, it was voted to approve the transfer of a total of $274 , 984.00 to personal services account of various Town Departments as listed below: Selectmen $2,859.00 Treasurer/Collector 9,975.00 Town Manager 10,520.00 Health 4,904.00 Temp. Help&Overtime 0.00 Dog Officer 3,873.00 Clerical Pool 0.00 Police Personal Services 50,395.00 Director of Guides 0.00 Fire Personal Services 94,567.00 Town Clerk 6,801.00 Bldg.Ilnsp. 4,999.00 Board of Appeals 1,131.00 DPW 10,000.00 Planning 9,836.00 DPW Collective Brgng. 0.00 tom Elections 0.00 CoA 7,507.00 Conservation 6,800.00 Veterans 728.00 Comptroller 8,864.00 Library 35.416.00 Assessors 5,809.00 EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4 - 0 by roll call vote ; Mrs. Smith, Mr. Marshall , Mr. Eddison; Mr. McSweeney: to go into Executive Session for discussion of matters of litigation, the disclosure of which might adversely affect the interests of the Town. Upon motion duly made and seconded, it was, voted to djourn at 10 : 20 p.m. :1 A true record, Attest ■ ii/B/te)/ r Marion H. Snow Executive Clerk VÜIO rl