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HomeMy WebLinkAbout1991-08-BOS-minSELECTMEN'S MEETING ' August 5, 1991 A regular meeting of the Board of Selectmen was held on Monday=, August 5, 1991, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. chairman Smith, Mr. Eddison, Mr. Dailey, Mr. McSweeney; Mr. white, Town Manager; Mr. Cohen, Town Counsel; Ms. Radway, Assistant Town Manager; Mrs. Snow, Executive Clerk, were present. Mr. Marshall joined the meeting later. PUBLIC HEARING. N E. TELEPHONE, WOOD STREET /HARTWELL AVENUE. rnunrT7 m Mrs. Smith opened a Public Hearing on the petition of the N.E. Telephone company on its proposal to install conduit on wood Street to connect to Hartwell Avenue. George Oviatt, explained that the conduit would provide a private customer on wood Street w..ith underground service . The chairman noted the favorable recommendations of the Director of Public works on the proposal and asked for comments from the.Board and the audience. There being none, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of the New England Telephone Company for installation of approximately 50 ft. of conduit, then in a northerly direction, then turn in a westerly direction on Wood Street placing approximately 360 ft. of conduit to private property at #290 Wood Street. PUBLIC HEARING TRANSFER OF LIQUOR LICENSE BEL CANTO Mrs. Smith read the Legal Notice opening a Public Hearing on the application of Yardarm, Inc. d /b /a. Bel canto Restaurant, for transfer of Liquor License from Daman Enterprises d /b /a Bel Canto Restaurant, 1709 Mass. Avenue. Cordon Penman, Esquire, representing Yardarm, Inc, explained the terms of the purchase of the restaurant, which will involve no changes in name, structure, Manager, or operation. Mr. Dailey noted that the home telephone numbers of two of the principals had been omitted and asked that they be provided on the application. There being no further comments or questions, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the application. of George L. Chapdelaine , President, Yardarm, Inc. c/o Boston Restaurant Association, 205 Portland Street, . Boston, for transfer of Common Victualler Liquor License from Daman Enterprises, Inc. d /b /a Bel Canto Restaurant, 1709 Mass. Avenue, Lexington, to Yardarm, Inc. d /b/a Bel Canto Restaurant, Donald C. Vaundell, Jr., Manager. -2- LEXINGTON AREA NOW USE OF BATTLE GREEN Upon motion duly made and seconded, it was voted to approve the request of Linda H. Brown, President, Lexington Area NOW for use of the Battle Green for a mini pro- choice Rally on Monday, August 20, 1991, from 6 :00 p.m. to 7:30 p.m. Permission had been previously given to hold the Rally on July 29, which has been canceled. CONSENT AGENDA TRAFFIC ITEMS TO T . S, A, C, Upon motion duly made and seconded, it was voted to refer the following traffic related requests to the Traffic Safety Advisory Committee for review and recommendation: .Request for crosswalk and signs, Bridge School pupils ( Deborah Edmiston Request for "No Parking", Worthen Road (Lawrence Robinson -vp COMMITMENT OF CHARGES upon motion duly made and seconded., it was voted to approve Commitment of the following Charges. July Cycle 9 Water Charges $69,4109.16 July Cycle 9 Sewer Charges $ 750.00 CONTRACT 91 -4 CLEANING LINING WATER MAINS Upon motion duly made and seconded, it was voted to award Contract #91 --4, Cleaning & Lining Water Mains in Various Locations in the Town, to Biszko Contracting Corp., 20 Development Street, Fall River, MA, in the amount of $197,686.58. Mr. White explained that Contract #91 -4 would cover the fourth phase of the current Cleaning & Lining project which will receive 50% reimbursement from the State. BURGLAR ALARM REGULATIONS Mr. white outlined Police Chief Furdon's proposed revision to the Burglar Alarm. Regulations to assess a service charge of $50.00 to residents after a fourth false alarm requiring Police response during a calendar year. The Manager asked for comments from the Board on the revision, Mr. Edd i son referred to the cost to the Town for response to 2,000+ false alarms each Year, and in light of the demands made on our limited Police Force, suggested that three, rather than four, false alarms allowed per year would be appropriate. Upon motion duly made and seconded, it was voted to approve an amendment to the Rules and Regulations for Burglar and Fire Alarms, approved on September 15, 1980, revised November 14, 1988, allowing assessment of a service charge for the third and subsequent false alarms in any calendar year, in the amount of $50.00 Mrs. Smith requested that Chief Furdon report to the Board at the end of the year on the effectiveness of the new measure. 0 Selectmen's Meeting _3_ August 5, 1991 TRAFFIC COMMITTEE REPORTS Peter Chalpin, Chairman of the Traffic Safety Advisory Committee, joined the meeting for review of his committee's reports to the Board on 7 related requests from residents. 4 MPH SCHOOL ZONES Mr. Chalpin reported on the Traffic Committee's response to the Selectmen for review of all public school locations to determine compliance with the warrants for 29 MPH school zone signage. He read a list of all elementary schools, including the Harrington School on Maple and Lowell streets, noting that a State Permit would be needed in that case since Maple street is a State highway. All others needed only the Board's approval. Mr. Chalpin further reported that 20 MPH flashing lights are no longer required which would lower casts of installation of signage of non-illuminated school zone signs from $49,000 to $7,000. Upon motion duly the recommendations of installation of 20 MPH locations: Fiske School Estabrook School Bridge School Bowman School Harrington School made and seconded, it was voted to approve the Traffic Safety Advisory Committee for school zone signage at the fallowing Adams street Grove street Middleby Road Philip Road Maple Street and Lowell street Mr. Chalpin was requested to urge for an early decision by the Mass. DPW on the Maple Street signage. GUARD RAIL CONCORD AVENUE The Traffic Committee's recommendations on the request of Louis Quartararo and Patricia Kush for installation of a guard rail in front of #143 and #149 Concord Avenue were discussed. In his request, Mr. Quartararo explained the need for the fence because cars travelling at high speed on Concord Avenue have repeatedly entered onto his property, nearly crashing into his house. Mr. Qu'artarar❑ had provided a photograph of one such incident to illustrate the danger. Paul Wright, 143 Concord Avenue, had indicated his support of the request. The Traffic Committee had unanimously recommended approval of the request. In addition, it was recommended that new 4000 HPS street lights be installed and trees be trimmed in the area to improve visibility at a curve in Concord Avenue. Mr. Quartararo plans to relocate his driveway to the right hand side of his house as a further safety measure. Upon motion duly made and seconded, it was voted to approve the recommendations of the Traffic safety Advisory Committee for installation of a galvanized steel guard rail in front of #143 and #149 Concord Avenue and for installation of 4400 HPS street lights as described. 7 F r r4- Mr. Quartararo referred to his plan to move his drive and asked for assistance from the Town in making the necessary curb cuts. The Manager and his staff will confer on the request and will respond to Mr. Qua SPEEDING SOLOMON PIERCE ROAD Mr. Chalpin reported on his Committee's recommendation on the concerns of residents of Solomon Pierce Road about speedin The Committee had agreed that speeding is a problem on Solomon Pierce Road, which is used as a convenient alternate route between Maple and Lowell Streets, and recommended that it be posted with 30 MPH speed signs. Mr. Chalpin had distributed a draft letter to the Mass. DPW requesting approval of the change. Referring to the requirement for a speed study and final approval of the Mass. DPW to implement the change, hfr. Marshall asked Mr. white to explore with Representative Doran a. change in the regulation to allow local jurisdiction over certain streets and roads. In response to comments from Lawrence Litwak, 9 Solomon Pierce Road, reported drag racing within the development and asked that the speed limit be reduced to 2 MPH. Mr Marshall suggested that solid Police enforcement, especially in the evenings to inhibit drag racing, be requested of the Police Department. Upon motion duly made and seconded, it was voted to approve the recommendations of the Traffic Safety Advisory Committee that the Massachusetts DPW be requested to perform speed studies and to institute a 30 MPH speed regulation on Solomon Pierce Road. The Lexington Police Department will be asked for strict enforcement of the speed laws. PAUL REVERE ROAD/C STREET Upon motion duly made and seconded, it was voted to approve the recommendation of the Traffic Safety Advisory Committee that trimming bacl�c of brush at the road's edge in front of 455 and #66 Cedar Street be done on an annual basis to address a visibility problem at the intersection of Paul Revere Road and Cedar Street, NORTHGATE CIRCLE PARKING Mr. Chalpin reviewed the concerns of Julie Beauchamp and other residents of Northgate Circle about traffic and overflow parking generated by custome of McCabe's Carpentry and The Children's Art Center, both operating at 4153 Forth Street. Since it appears that the school will be vacating the premises in August and wi ll no longer impact the area, the 'traffic Committee had voted to recommend no action on this item. Daniel McCabe, owner of the building at #153, stated that he anticipates no problem after the closing of the school, since his lot has ample space for his business needs. moo i Selectmen's Meeting August 5, 1991 Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Advisory Committee that no action be taken on the request of Northgate Circle residents for relief from overflow commercial parking. PARKING, BOWMAN SCHOOL Mr. Chalpin reported on the conclusions of the Traffic Committee on the request of Mary Ellen Johnson, former Principal of the Bowman School, for further restrictions on parking. The Selectmen had approved the Committee's recommendation for "NO PARKING" at the approach to the Bowman School driveway from Worthen Road to Philip Road, on February 25, 1991. The Committee had recommended favorably on Ms. Johnson's request for a NO PARKING zone in front of Bowman School to accommodate the parking school buses for loading. Upon motion duly made and seconded, it was voted to approve t - he recommendation of the Traffic Safety Advisory Committee for posting of NO PARKING signs in the Bowman School driveway, 300 Feet west of Philip Road to 515 ft. west, in effect from 8:00 a.m. to 4:00 p.m. on Monday, Tuesday, Wednesday, Friday, and from 8:00 a.m. to 1:00 p.m. on Thursday. Mrs. Smith acknowledged the hard work done by the Traffic Committee and thanked Mr. Chalpin and his members for their assistance to the Selectmen in resolving traffic problems and concerns. EXECUTIVE SESSION At 8:15 p.m. on motion duly made and seconded, it was voted 3 -- 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 .litigation, the disclosure of which could adversely affect the interests of the Town. At 8:45 p.m., open session was resumed. V- ALTHAM Z U ._ S_. POSTAL SERVICE Mrs. Smith announced that Lexington has filed a motion for Leave to Intervene in the City of Wa.ltham's suit against the U.S. Postal Service. Richard Canale, Chairman, and Alan wade of the South Lexington Civic Association, were present. Mr. Lahey explained to the audience the .legal process involved in Lexington's Motion for Leave to Intervene, whereby he would attend the August 12th Hearing in the District Count before Judge Young on both the Postal Service's Motion for Summary Judgement against Waltham and the Town's Motion. Mr. Lahey said that a quick decision by Judge Young is expected. LOCAL AID REDUCTION Mr. white reviewed with the Boar the official Cherry Sheets, recently distributed. Examination of the figures showed a total reduction in local aid for Lexington of $873s295* if J . He noted that the budget approved by the 1991 Town Meeting had anticipated a $502,000, or 10% reduction in local aid, but that 1 the Town is now faced with a revenue deficit of $371,295 as a result of the additional cut. Mr. white referred to the expected reduction in the Minuteman voTech assessment. He added that if the School is required to participate in the teacher pay delay legislation, the assessment could be reduced further by $22,000 or $37,000, depending how the pay delay is calculated. He said that even under the best of circumstances, the Town will be confronted with a budget deficit in excess of $315,000 for FY92. He felt that meeting that deficit can be achieved without raising new revenue by reassessment of the Selectmen's policy on appropriating a. pension fund reserve fund, and with School and Town Departments absorbing the balance. Mr. White advised that the Town can no longer afford to accelerate full ftinding of the pension fund because of the current situation and asked the Board to examine that change. The Manager had not encouraged the pay delay - for teacher's and recommended that a Special Town Meeting be held to opt out of the legislation and make budget adjustments as mentioned. F'Y9 3 BUDGET ASSUMPTIONS Mr. White reviewed a preliminary report on his projections of FY9 3 revenues, with no upswing from FY9 2 expected, _ He estimated that FY93 revenues would be approximately $500,000 less than in FY92 and saw significant revenue problems next year which need to be dealt with as soon as possible. Mr. Marshall advised sharing this forecast with. other major Town Boards, HANSCOM CONSTRITCTION Mr. Edd i son repo r requesting information at Lincoln Laboratory. that it is assumed the ongoing 500,000 square new proposal. - ted on a telephone call from the Lowell Sun on the $100 million construction program Mr. Eddison had informed the reported construction is part of the Hanscom foot expansion program planned and not a PART 15.0 NOISE COMPATIBILITY STUDY. HAN SCOM Mr. Eddison spoke of a telephone call he had received from Jane Garvey, Director of Aviation & Regional Transportation, Massport, regarding certain unilateral moves by Massport concerning the Part 150 Noise Compatibility Study at Hanscom - Field. In a letter to Richard Marchi, Director of Aviation, Planning & Development, Massport, Selectmen from the four HATS Towns had expressed their great concern about Massport's actions, without any involvement of HATS II in the planning and decision making, Ms. Garvey had responded that she regretted the misunderstanding and assured Mr. Eddison that it didn't have to have happened and would not happen again. f 1 Selectmen's Mooting -7- ,kugust 5, 1991 EXECUTIVE SESSION Upon motion duly rude 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 negotiation, the disclosure of which could adversely affect the interests of the Town, and with no intent to resume open session. Upon motion duly made and seconded, at 10:07 p.m. A true record, Attest: it was voted to adjourn Marion H. Snow Executive Clerk s z SELECTMEN'S MEETING August 26, 1991 A regular meeting of the Board of Selectmen was held on Monday, August 26, 1991, in the Selectmen's Meeting Room at 7:50 p.m. Chairman Smith, Mr. Marshall, Mr. Dailey; Mr. White, Town Manager; Mr. Cohen, Town Counsel; and Mrs. Snow, Executive Clerk, were present. WINE & SPIRIT SHOP CHANGE OF LOCATION Mrs. Smith opened a Public Hearing on the application of Argentina Arias d /b/a 1776 wine & Spirit Shop, for approval of Change of Location from 27 Depot Square to 1707 Massachusetts Avenue, rear, and noted the publication of the Legal Notice of the Hearing. Mrs. Arias was present to explain the plans for the move to the new location. There being no questions or comments from Board members or the audience, the hearing was declared closed. Upon motion duly made and seconded, it was z•oted to appro - ve the application of Argentina Arias for Change of Location of the 1775 wine Spirit Shop from 27 Depot Square, Lexington, to 1747 pow Massachusetts Avenue, rear, Lexington, MA. CHANGE OF MANAGER LEXINGTON GOLF CLUB , 1 4rs . Smith explained the petition of the Lexington Golf Club for apprati-a.l of Change of Manager, under the Club's Liquor License, from Peter K. Norton to Dexter C. Whittinghill, Jr., and read the favorable recommendations on Police Chief Furdon on Mr. Whittinghill's suitability for the position. There were no questions from the Board or the audience on the petition. Upon motion duly made and seconded, it was voted t-o approve the petition of the Board of Governors of the Lexington Golf Club, 55 Hill Street, for approval of a Change in Club Manager's from Peter h. Norton to Dexter C. whittinghill, Jr. Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings on July 22, August 5, 1991, and of the Executive Session on July 9, 19910 REGIONAL POSTAL FACILITY Mrs. Smith asked for an update on the status of the legal proceedings by the City of Waltham against the U.S. Postal Service in opposition to the proposed construction of a regional mail processing facility and truck terminal on Smith Street. Mr. Cohen reported that Lexington's motion for leave to intervene in the case, as discussed on August 5, had been filed and Judge Young of the Federal District Court is taking the matter Linder advisement. -9- R.FSI . Tnw� CELEBPATMN7c; "nXfMT low Upon motion duly made and seconded, it was v;:)ted to accept the resignation of Robert C. Jackson as a member of the Town Celebrations Committee, effective immediatelz�. :hoard members asked that a letter of appreciation be sent to Mr. Jackson for his many years of service to the Town, SEPTEMBER MEETING SCHEDULE It was agreed that Selectmen's Meetings will he scheduled for September 15 and September 30, with no meeting on September 9 Rosh Hashana, CONSENT AGENDA ONE DAY LIQUOR LICENSES. ELKS Upon motion duly made and seconded, it w1as voted to approve the application of the B.P.O. Elks , Lexington Lodge -2204, for One Day Liquor Licenses, as follows: September 7, 19 91 from 11 a.m. to 4 p.m. W edd ing Reception September 7 1, 1991 from 5 p.m. to 12 Mid. �Veddirig Reception September 20, 1991 from 5:30p.m. to llp.m. iedding Reception September 28, 1991 from 12 Noon to 5 p.m. t�_edding Reception THEATER LICENSES I I pon motion dtil y made and seconded, it r %-oted tro a,pprov. weekday and Sundav Theater Licenses for C' inema 1- , and Cinema I I , • Of 1 Mass . Az-enue , to expi on September 1, 1992. BATTLE GREEN GUIDES Upon motion duly made and seconded, i+,,. was t o approve applications for Battle Green Guide Licenses to expire on June 30, 1992, as follows: Marion Gross 49 Forest Street Mike Phelps 35 S kyv i ew Road John M. Passarini 303 Lowell Street Rachel Sakhu,ja 50 Turning Mill Road ABATEMENTS WATER & _SEWER Upon motion duly made and seconded, it was voted to approve the abatement of water Charges in the amount of $1,509.44; and of Sewer Charges in the amount of $16,650-654 COMMITMENT OF CHARGES Upon motion duly made and seconded, it was voted to approve the Commitment of Street Opening Permit Fees in the amount of $305.00; and of August '91 Cycle 9 water Charges in the amount of $87,858.21. ORDERS OF TAKING STREET ACCEPTANCES Upon motion duly made and seconded, it was voted to sign Orders of Tak for Northgate Circle, Farm Road, Carriage Drive, ..r John Benson Road and McKeever Drive. Se.l.ectmen' s Aeeting --3- August 26, 1991 fr. ' *hate F'xpla fined that the - -si gn - ncAn o f these rderS -1 would complete the street acceptance process voted at the 1991 :annual Town Meeting. APPOINTMENT TO CONSERVATION COMMISSION Mr. white asked the Board's approval of his appo intment of David Lang seth, 29 Wachusett Drive to the C:onser --at i on Commission to replace '%larcus Ph inney. who had resigned, leaving an unexpired term to April 1, 1993. Mr. White reported on Mr. Langseth's background and qualifications as a commissioner and Jo -yce Miller, Conservation Chairman, said that she was looking forward to Dorking w 1. th M Lang se th w ho should be an asset to the Commission. NEWSPAPER ` MACH I.N ES Mfr . 1,; h i to reported that at his request, Pa t�odge had eery researching w ays to re.�ulate the numbe location and style of newsp %re machines, A :simmer Associate at Palmer Dodge had pr epared a detailed repo w h 1_ c h stated ±.hat news %rend i rig machines can be regulated within the Historic Districts. The 'Manager plans to develop a regulation to be adopted by the Historic Districts Commission and the Selectmen that would designate 'location and requires t he rending machine operators to. submit an application with an appropriate fee. The regulation v ould set -standard for ales ign . aD -peas ~ante , and review, 1:n addition, a security deposit or bond that could be redeemable for non - performance be requi - red, i s ikell z7.s standards, schedule of maintenance and an :.nntial r C - N": !fir . hi to asked for comments --) f the t3oard on the concept 6e fore the regulations are de % �Ir. . - larshal l ad%-i sed th t the regL�lat ions be reasonably °�imp,_e and not c- -oo detailed so as to avoid possible i �.tigation i:•ea`ard irig c-laims of - -iolation of the First Amendment,, Freedom of 'Speech. HURRICANE BOB fir. White informed the Board of the budgetary implications of costs related to Hurricane "Bob", on august 19th. He was concerned with the financial impact which will continue for some time. The ' r rev iewed a 1 i st ing of unf orseen /u nplanned storm related casts which included Police, DPW and Fire overtime and expenses f or h i red equipment. The potential for Federal Emergency Management _pct reimbursement for DPW equipment and DPW, Fire and Police regular pair was out lined. !Ir. IN hi to projected that the known costs to date without taking any FEMA reimbursement potent is ; into account would be S171,080.65. Mr. Whi complimented the DPW workers for their excellent and timely work in clearing up storm debris and fallen trees and noted the cooperation of the DPW with Boston Edison to ensure safety and restore electrical power. -. �S CmJ tH mt a P,naY r mr� mF�c�r ;�o'rAe r a 7 r,t- ,- . +-I-)c,� r �...' _ ..� p.. ... .... i . v v� .,,.w ■az v ■Ra ►v �- ..� .�..� .._. ,..� +'-r W a A %- 1. 1 g rat i tude for work of the DPW. . S. S. LEXTNGTON COMMISSION Mr. Dailey reported that he, Mr. McSweeney, b in O'Sullivan and Paul Clough of Rep. Doran' s office and Dick Shaw of the U.S.S. Lexington Committee had attended a ceremony on august 2 for the signing of legislat enabl the formation of the U. S.S. Lexington Commission* The Commission will be empowered to sell bond to establish the U.S.S. Lexington Museum in Qu !fir. Dailey said that he saw the signing of the bill as significant in that it offered proof to the Navv that Massachuset is act i : implementing, procedures to. establish 'the museum. Upon m-ot ions d u l y made and seconded, it il. as to adj ourn a t 8 . 0 1 p.m. A true x E cord Attest: M, rion 14. n W Execut i ve C;'lerk