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HomeMy WebLinkAbout1991-10-BOS-minA regular meeting o Monday, October 7, 1991, Office Building, at 7:30 Eddison, Mr. Dailey, Mr. Manager ;.Mr. Cohen, Town were present. SELECTMEN'S MEETING October 7, 1991 f the Board of Selectmen was held on in the Selectmen's Meeting Room, Town p.m., Chairman Smith, Mr. Marshall, Mr. McSweeney; Ms. Radway, Acting Town Counsel; Mrs. Snow, Exe- cutive Clerk, PUBLIC HEARING N.E. TELEPHONE CO. MARRETT ROAD Mrs. Smith opened a Public Hearing on the petition of the New England Telephone Company for a grant of location for installation of a Service Area Interface pad mounted cabinet on Town owned land located between #299 and #303 Marrett Road. In explaining the proposal, Robert Boudreau, representing the Telephone Company reported that starting at an existing manhole at Waltham Street, approximately 270 ft. of conduit would be installed leading to the Town owned parcel. Mr. Boudreau referred to a previous request by the Selectmen for a plan of the Town showing all such installations to be proposed in the future. He presented a Town map color keyed to a list which identified existing installation, those planned for 1992, and approximately 45 future proposals. He explained that the cabinets would provide better service and reception, eliminate wire bridge taps, and would require less maintenance. The area near the cabinets would be buffered by shrubs or fencing and Mr. Boudreau offered to send photos of other installations showing typical landscaping. Mr.- Eddison requested that the Design Advisory Committee be asked for recommendations on the color for the cabinets and on the method of buffering. The Chairman read the favorable recommendations of the Director of Public works on the Marrett Road proposal. -There being no further comments, the hearing was declared closed. Upon motion duly wade and seconded, it was voted to approve the petition, plans and orders of the New England Telephone Company for a grant of location for a proposed conduit on Marrett Road and the placing, of a SAI pad mounted cabinet on Town owned land located between #299 and #303 Marrett Road. The approval of the petition was subject to placement of the cabinet at least 15 feet from the sewer main and on the 299 Marrett Road side of the lot and upon the recommendations of the Design Advisory Committee as to color of the cabinet and design of landscaping or other buffering at the site. MINUTES , SEPTEMBER 16 Upon motion duly made and seconded, it was voted to approve as presented the minutes of the Selectmen's meeting on September 16, 1991. WARRANT NOVEMBER 4 1991 S.T.M. Upon motion duly made and seconded, it was voted to sign the Warrant for the November 4,1991, Special Town Meeting. . 2— A MNT T A A U n T NTM E N T C Upon motion duly made and seconded, it was voted to appoint /reappointment members of committees, as follows: BRIDGE CHARITABLE TRUST 3 -year terms Alan S. Field, reappointment 10 Marshall Road Thomas Taylor, reappointment 64 Marrett Road GAMMEL LEGACY TRUST 1 -year term Elizabeth M. Flynn, reappointment 310 Concord Avenue Leona W. Martin, reappointment 19 Thoreau Road CONDOMINIUM CONVERSION BOARD 3 year terms Marjorie Weerts , reappointment 1906 Mass. Avenue TOWN CELEBRATIONS COMMITTEE 3 year terms Winston E. Flynn, reappointment 32 Watertown Street Paul W. Jenkins, reappointment 19 Childs Road Adrienne Della Penna, appointment 25 Mason Street TOWN CELEBRATIONS SUBCOMMITTEE 1 year Eric Carlson, reappointment 40 John Graham, reappointment 53 Walter Ellis, reappointment 3 Joseph Steinkrauss, appointment 2 Sondra Lucente, appointment 71 terms Wood Street Williams Road Hill Street Sunset Ridge Farmcrest Avenue .r *(Adrienne Della Penna appointed to fill the unexpired term of Robert C. Jackson) APPOINTMENTS TO HUMAN SERVICES COMMITTEE Upon motion duly made and seconded, it was voted to approve appointments to the Human Services, as follows: - Mimi Aarens 314 Bedford Street, for a term to expire on September 30, 1994, Richard W. Safford, 12 Meriam Street, to fill the unexpired term of Jack Sarmanian, to September 30, 1993., Donna M. Hooper, 47 Emerson Gardens, to fill the unexpired term of Barbara Levine to September 30, 1993. Eva So Glick, 11 Russell Road., to fill the unexpired term of Seymour Mandell, to September 30, 1992, COMMON VICTUALLER - LEXINGTON SQUARE PIZZA Upon motion duly made and seconded, it was voted to approve the application for Common Victualler License of Theodore P. w Rakus for Lexington Square Pizza and Restaurant, 1566 Mass, Avenue, conditional upon final approval of the premises by the Board of Health and issuance of an Occupancy Permit by the wind Building Commissioner. F ,. Ipq L� Selectmen's Meeting -3- October r, 1991 Richard Spiers Director of Publ Works, was present an suggested that a further condition regarding attention to litter at the entrance to the restaurant be added. Mr. Rakus pointed out that a dumpster is installed on the property into which his trash containers will be emptied regularly. Mr. Marshall proposed that a procedure be set up whereby renewal of Common Victualler licenses would depend upon a proprietor's level of cooperation regarding litter control. CONSENT AGENDA ONE DAY LI UOR LICENSE APPLICATIONS B.P.O.ELRS #2204 Upon motion duly made and seconded, it was voted to ratify the poll vote of October 1, 1991, approving the application of the Benevolent & Protective Order of Elks, #2204, for a One Day Liquor License for a Fund Raiser to be held at 959 Waltham Street on October 5, 19910 Upon motion duly made and seconded, it was voted to approve the application of the B.P.O. Elks # 2204 , for the following events to be held at 959 Waltham Street: October 5, 1991 wedding 7 p.m. to 12 Midnight October 19, 1991 Golf Banquet 7 p.m. to 12 Midnight October 13, 1991 Christening 3:39 p.m. to 8:00 p.m. PROCLAMATION UNITED NATIONS DAY Upon motion duly made and seconded, it was voted to proclaim October 24, 1991, as United Nations Day in Lexington. ABATEMENTS Upon motion duly the abatement of water Charges in the amount amount of $25.006 made and seconded, it was voted to approve Charges in the amount of $1,252.77; Sewer of $1,425.20, and Demand Charges in the Upon motion duly made and seconded, it was voted to refer the request of Mrs. King, 7 Deering Avenue, for installation of signs along Deering Avenue and at its intersection with Ewell .Avenue to the Traffic Safety Advisory Committee for review and recommendation. TRAFFIC ITEM COMMITMENT OF CHARGES Upon motion duly made and seconded, the commitment of Street Opening Permit $275.00* it was voted to approve fees in the amount of Owl, -4- ZTATE GRA�vT A NT T r' T U A T T (ll�t unmE %4AR RETT RnAn r Upon motion duly made and seconded, it was voted to approve and execute Notes in anticipation of State Chapter 90 grants in the amount of $62,000, to fund the Environmental Impact Report on the Marrett Road Project to the Shawmut Bank, lowest bidder at a rate of 4.69%. COMPOSTING PROGRAM UPDATE Richard Spiers, Director of Public works, reported on the status of the Composting Program, which continues to be a success. The program is in its third year and last May, two new recycling initiatives were introduced: mandatory recycling of yard waste (leaves, branches, clippings and Spring cleanings) and the recycling of white goods (stoves, dryers, refrigerators etc.). To date, over 40 tons of white goods have been collected and been disposed of through a scrap metal dealer. The 1989 and 1990 Fall leaf composting projects reduced refuse tonnage by over. 2,000 tons, thus saving in excess of $120,000 in tipping fees and the actual trash delivered to the incinerator between May and September was down by about 17 tons from the same period a year ago. Mr. Spiers estimated that it costs the Town $50.000 to kee the Hartwell Avenue landfill open for all programs, including tr Christmas tree collection program. SEWER SYSTEM IMPROVEMENTS CONTRACT %MW Ms. Radway reported that bids had been received and opened on October 3, for sewer system rehabilitation work involving abandoning the Old Vine Brook and Old Lexington Interceptor sewers. These systems are no longer needed since sewage flows have been diverted from these old interceptors to the new MWRA Millbrook Valley Relief Interceptor. - Upon motion duly made and seconded, it was voted to award Contract #89 -5 for Sewer System Rehabilitation in the amount of $43,855.35 to D & C Construction Company, 908 Main Street, Norwell, the lowest qualified bidder. WALK FOR HUNGER Ms. Radway reported on the success of the walk for Hunger held on September 28, sponsored by Lexington Savings Bank, which raised $8,200.00. 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 litigation, the disclosure of which could adversely affect the interests of the Town, and with no intent to resume open session. Now r .i Selectmen's Meeting -OW 5- October 7, 1991 Upon motion duly made and seconded, it was voted to adjourn at 8:30 p.m. A true record, Attest: a Ma ion H. Snow Executive Clerk SELECTMEN'S MEETING October 21, 1991 A regu lar meeting of the Board of Selectmen was held on Monday, October 21 1991, in the Selectmen's Meeting Room, Town � Office B u i l d i n g s at 7: p.m. Cha i rman Smith Mr, Marshall, Mr. Eddison, Mr, D ailey , Mr, McSweeney ; Mr, wh i to , Town Manager , Mr, Cohen, Town C , ounsel• Ms. Radway, Asst, Town Manager; Mrs. Snow, Executive clerk, were present. PUBLIC HEARING N.E. TELEPHONE PHEASANT LANE ' Mrs, Smith op ened a Public Hearing on the petiti of Boston Co m p any for i n s t a l l a t i o n of conduit on Pheasant Lane, Edison R an Y The Te lephone Company Com was represented byRobe rt Boudreau, who explained that the purpose of the work was to replace existing, detiorating wiri• 'n so as to prevent interruption of service . The 9 conduit would start on the southerly side of Pheasant Lane, between #6 and #S and cross the road to a location between #7 and #9 Pheasant Lane. t that attention Kevork Vorpe r i an , 7 Pheasant Lane, reques aid to the presence of an underground sprinkling system, be p recently i n s t a l l e d on his p rope rty . Mr. Boudreau assured him that digg in on his lawn would be done with caution and with direction from D i Safe as to the location of underground 9 equipment. T Board T here being n 9 no further rthe r comment o r questions from the or audience, the hearing was declared closed. U p on motion duly made and seconded, it was voted to approve the p etition, R 1 ans and orders of the New England Telephone 9 Company for a rant of location f o r approximate 75 ft. of conduit to be i n s t a l l e d on Pheasant Lane, and in a westerly directio n crossing he road to a location between #7 and #9 9 Pheasant Lane. a ' n advance The Telephone Company is to notify Dr. Vorperian i is to be scheduled and strict attention is Of the date the work � s to be p aid to the location of the underground watering s on his ro e rty so as to avoid any damage by digging. P R TRAFFIC COMMITTEE REPORTS Eric C 1 ar ke of the Traffic Safety Advisory committee was present for review with the Board of the Committee's recommendations on Traffic concerns referred to it by the Selectmen. PROSPECT HILL ROAD CROSSWALKS reported favorabl on the r Dr. Clarke reported that the Traffic committee had repot of Deborah S. Edmiston, 1 Loring Road, for inst allation of crosswalks at the Prospect H i 1 1 /M i dd 1 eby Road/Outlook Drive i to ensure the safety of the � increased number of children now walking to the Bridge School because of the recent School Department cutback on bussing. CP4: It was recommended that zebra crosswalks be i n s t a l l e d crossing Middleby Road and outlook Drive as an aid to the students and w i th 1 nc reased Po 1 i ce presence on Prospect H i 1 i Road in the afternoon when school is dismissed. It was noted that 20 mph school zone s i g n i n g w i- l 1 be in place at all e l ementary schools wi thin a few weeks. The committee further suggested that in the i nterest of higher v i s i b i l i t y , crosswalks throughout the Town be painted in the zebra design. Ms. Edmiston commented on the lack of standard procedures for submitting requests for traffic safety measures and felt that if she had sent her request to the School Department rather than to the Selectmen there may not have been such quick and satisfactory action taken.' She asked that a clearly stated . policy and guidelines on such procedures be agreed upon between the School committee and the Selectmen, especially in view of the new limitations on school bussing. Mrs. Smith assured Ms. Edmiston that there is ongoing communication on that subject between the two boards. She agreed that traffic safety concerns are issues of Town w i d e concern wh i chw i l 1 be addressed by the Town Manager and his staff , as w e l l as the School Department. Upon motion duly made and seconded, it was voted to approve tr t c�,U II r: lei ruci t 1 vi iS 01 -&- the �i r aff 1 �. �� f �t�►` AC r f So ry momm ; t tee f ^ r installation of two zebra striped crosswalks at the Middleby Road/Out Drive/Prospect Hill Road intersection, as illustrated on an - accompanying map, as w e l l as increased Police enforcement of traffic laws at the intersection, Upon motion duly made and seconded, it was voted that all crosswalks in the Town be standardized by repainting them with zebra strip WO BURN STREET TRAFFIC Dr Clarke reported that the Town Engineering D i v i s l on had met w i t h the Telephone and Edison Companies regarding removal and/or relocation of utility po les on Woburn Street in the `+ 5 " curve area near Utica Street, as requested by the Selectmen, It was proposed to e l i m i n a t e four existi poles on the northerly s i d e of Woburn Street between V i n e Street and Utica Street and to relocate two poles on the southerly s i d e farther away from the roadway. Upon motion duly made and seconded, it was voted to notify the New England Telephone Company to proceed with the work, at no cost to the Town. No TURN ON RED Dr. Clarke reviewed the committee's recommendations on changes to the NO TURN ON RED regulation at those Town and State intersections still covered by the restriction. It was recommended that Right Turn on Red be permitted at all Town signalized intersections except Mass. Avenue and Waltham Street. j :_... Selectmen's Meeting -3- October 21, 1991 It was further recommended that the State be requested to permit RIGHT TURNS ON RED at the f o l l o w i n g State s i g n a l i z e d intersections: Lowell Street /Woburn Street and Waltham Street/Marrett Road. The Committee advised that the NO TURN ON RED regu1.ation remain in place at Lowell Street /Maple Street/ Winchester Drive. Upon motion duly made and seconded, it was voted to approve the recommendations of the Traffic Safety Advisory committee on permitting Right Turns on Red, as stated above. CABLE TV LICENSE FEE LEGISLATION Caleb warner, Chairman of the CATV /Communications Advisory Committee , was present to request approval of a draft l ette r to the Government Regulations Committee at its Legislative Hearing on October 22nd, on House Bill 6093 , a petition for l e g i s l a t i o n to authorize the Town of Lexington to impose a Cable Television License Fee. The draft letter stated support of the request as first authorized by the Town Meeting in 1989, and reaffirmed by the 1991 Town Meeting. Mr. Warner asked that either he or a Town government designee hand carry the statement to the Legislative Hearing the following day, for presentation on behalf of the Selectmen. Upon motion duly made and seconded, it was voted to authorize Mrs, Smith to s i g n the statement and to designate Mr, Warner to present it at the Hearing. MINUTES, SEPTEMBER 16 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting on SEptember 16, 1991% NOVEMBER MEETING SCHEDULE It was agreed that Board meetings will be posted for November 4, at 7:00 p.m.; November 6, at 7:30 p.m.; November 18 and November 25 at 7:30 p.m., with the understanding that the meet i ngs of November 5 and November 25 , be cancel 1 ed i f they do not prove to be necessary. • RECYCLING INITIATIVE CAMPAIGN PETITION The Board reviewed a memo from MASSP I RG to all endorsers of the Recycling Initiative regarding recyclable packaging standards and requesting support for i is efforts to strengthen H. Bill 5 202 by increasing recyclable rates for contents and packaging over those as now set forth in the Bi 1 1 . The Board had reviewed a Bill addressing the same issue in 1990, and had at that time concluded that although the concept was one it could support, the 199 Bill l ac ked details of how to implement the requirements of the costs involved. Upon motion duly made and seconded, it was voted to refer the matter to the waste Management Committee for recommendations + on the new Bill. - 4 - COMMITTEE APPOINTMENTS Upon motion duly made and seconded, it was voted to reappoint to September 30, 1992, the f o l l o w i n g as memebers of the r i respective Committees, as recommended by Chairmen of those Committees: FAIR HOUSING COMMITTEE -- 1 Year terms Florence A. Baturin 11 Alcott Road James R. Brannon 380 Lowell Street Peter G. Brown 108 Page Road, Bedford Mary Haskell 5 Trotting Horse Drive Leona Martin 19 Thoreau Road Robert Pressman 22 Locust AVENUE William T. Spencer 32 Hancock Street Gerri C. weathers 14 Drummer Boy way TRAFFIC SAFETY ADVISORY COMMIT - l Year terms - Peter M cha l p i n Eric T. Clarke Catherine England My 1 a Kabat --Zinn Capt. James Kilmartin William E. Mix Robert T r asn TOWN REPORT COMMITTEE Adrienne Della Penna Joyce Fearnside Winifred Friedman Robert Ha l fman Ruth tarp i nsk i Robert Morrison Anne Sc i g l i ano Upon motion duly John Ayvaz i an , Jr., 11 Report Committee, for 1932. Town Engineering Dept. 29 Moon Hill Road 34 Grant Street 58 oak Street Lexington Police Dept. 153 Grove Street 1 Year terms 25 Mason Street 19 Vine Brook Road 175 Grove Street 75 Outlook Drive 24 Wyman Road 73 Blake Road 3 Augustus Road made and seconded, it was voted to appoint Dexter Road, as a new member of the Town a term of office to expire on September 30, DESIGN ADVISORY COMMITTEE - 1 Year terms Upon motion duly made and seconded, it was voted to reappoint the fol .l owing as members of the Design Advisory Committee for terms of office to expire on September 30, 1992: Richard Bechtel 15 Lake Street Kerry Brandin 1 1 7 Shade Street Thomas Coffman 31 Lincoln Street John Frey 1133 Mass. Avenue Barbara Hulsizer 2 Battleview circle John Vinton 11 Leonard Road Elizabeth Whitman 5 Hancock Avenue Selectmen ' s meeting DESIGN ADVISORY COMI and to appoint Committee for terms following: Margaret D. Read. Steven Hurley - 5- October 21, 1991 4ITTEE Continued as new members of the Design Advisory to expire on September 30 1992, the 33 Barberry Road 70 Reed Street RESIGNATION TOWN CELEBRATIONS COMMITTEE Upon motion dul -y made and seconded, it was voted to accept the resignation of Marilyn N. McWeeney, 503 Concord Avenue, leaving an unexpired term to June 30, 19930 PROCLAMATION HOSPICE MONTH Upon motion duly made and seconded, it was voted to proclaim November 1991, as National Hospice Month in Lexington, as requested by Hospice Care Inc. SCHOOL COMMITTEE COMMITTEES BUDGET The School Committee, Capital Expenditures Committee and Appropriation Committee met with the Board for review of the Town Manager's projections for appropriations and revenue for FY92 , as discussed with the Selectmen at previous meetings. Mr. white reported that it appears that revenue projections will need to be lowered based on collections received during the first quarter of FY92. Mrs. Smith welcomed the members of the three committees and expressed the Board's appreciation at their w i l l i n g n e s s to work together on FY93 budget issues. Mr. White's projection on revenues for FY9 3 assumed a decrease of ±$1,000,000, in revenue on which he based his calculations on budget assumptions. Mrs. Smith explained why Lexington is in its current fiscal condition, which will, without doubt, be the cause of changes to the Town as we know it. She pointed out that though fiscal actions by the State and Federal government have been impacting cities and towns for the past ten years, they have been even more harmful during the past two or three years. She felt that State and Federal governments are abandoning m u n i c i p a l i t i e s , leaving the chief burden of f i n a n c i a l support to real estate tax payers. Mr. white reviewed sheets on FY93 Budget Assumptions, Estimated Revenues, Cherry Sheet, and Free Cash, and anticipated that level funding is the most that can be expected. In the event of a deficit, he urged a 50 - 50 split between Town Government and the School Department to address the shortfall. He pointed out that there had been a marked change in federal/state/municipal fiscal relationships and sharing of revenue, but that no relief from rest r i ct i ons , controls and mandates for c i t i es and towns has been given, He noted , the decrease in the Town's cash reserve, which had always maintained a high balance., but.which now must be used to subsidize operating expenses. The Mana er spoke of the importance on continuing to s or John Ryan, Comptroller, reported on a comparison of local revenue between the first 3 months of FY92 and the same period in FY91, showing investments down, fines & forfeits, constant; excise tax, minor loss; hotel tax, down, and hopefully, fees, charges, payments in lieu of taxes, penalties, licenses, permits, remaining stable, Building Department activity remains the same in volume, but with no large projects being planned. Lois Coit, Chairman of the School Committee, reported that she and Acting Superintendent Barnes are working toward level funding. A working budget has been completed based on the same level of programming as last year, which now would require an increase of $1,000,000 in funding. 'They will now work on reduction of programs to produce a level f unded budget, hopefu 1 1 y to be completed before Christmas for discussion by the School Committee in January. Paul Hamburger, Chairman of the Capital Expenditures Committee, said his committee is establishing minimum requirements for keeping the Town operating, and will proceed from there. Selectman Marshall said that he was not as optimistic as the Town Manager on level funding of local a i d for Lexington. He referred to a State proposal for reallocation of local a i d to municipalities, and f e l t that Lexington would lose funding under Such a p l a n . Jane Pagett , Chairman of the Appropriation Committee, questioned why a budget process is being designed around an o v e r l y o p t i m i s t i c outlook,, Mr. white responded that it is a best attempt and realistic approach, given what information is available. He noted that the evening's meeting represented a first step and had been called to present a picture of what is to be faced. Mrs. Smith noted that the one positive aspect in the discouraging s i t u a t i o n is the involvement of the bright,_ dedicated, caring people in the process, adding that working together is the o n l y way to get through these troubled t i mes . Ron Levy of the Appropriation Committee, urged participation in a "Symposium on Lexington Finances ", sponsored by the Appropriation Committee, the TMMA, League of women Voters, the School Committee, Board of Selectmen and the Capital Expenditures Committee, to be held on November 15, at 9:00 a.m. at the Clarke Middle Schoo 1. SPECIAL TOWM MEETI NOVEMBER 4 Mr, white reviewed draft material to be distributed to Town Meeting Members with explanations and recommendations on Articles on Reduction of the operating Budget and acceptance of Section 22F, Ch, 40, MGL. A copy of Section 22F was included. CHAPTER 90 - FY92 RESURFACING - Upon motion duly made and seconded, it was voted to sign a i Mass. DPW Memorandum of Agreement to f a c i l i t a t e the recept of the ■.r apportionment of $445,801 in Chapter-90 funds for FY92 . 4 .e Selectmen's Meeting -7- October 21, 1991 These funds will be used for the resurfacing program that will begin in the Spring of 1992. GRACE CHAPEL LOT Mr. White reported on receiving a 30 -day notice from the Grace Chapel, terminating the lease on the Muzzey Street parking lot. In order to offset some of the debt incurred by the Church purchase of the lot from the Militia Drive Office Park, the Church Council voted to sell the Belfry lot. The Manager further noted that he and Marshall Derby, Chairman of LexHAB, had met with Church representatives and attempted to express the Town's serious interest in purchasing the parcel. Mr. White had presented several purchase options ranging from a gift to the Town to outright purchase and had been led to believe that one of the options outlined would be acceptable. Instead, the Church Council decided to sell the property without delay and a purchase and sale agreement has been signed in excess of $500,040 for a 40,000 sq. ft. residential development. The Chairman of the Traffic Safety Committee, Peter Chalpin, has been asked to examine the effects of losing the Belfry lot as a long --term parking facility in hopes of suggesting some alternatives. EMPLOYEE RECOGNITION DAY Mrs. Smith urged Board members to attend the coffee being arranged in acknowledgement of Employee Recognition Day on October 24 in the lobby of Cary Hall. The event is being held by the Town Manager to honor the Town workforce for their years of dedication and hard work. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 - 4 by roll call vote: Mrs. Smith, Mr. Marshall, Mr. Eddison, Mr. Dailey, Mr. McSweeney, to go into Executive Session of matters of litigation and land negotiations, 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. A true record, Attest. e X5� Marion H. in w' Executive Clerk Pon