HomeMy WebLinkAbout1992-03-BOS-minSELECTMEN'S MEETING
March 2, 1992
A regular meeting of the Board of Selectmen was held on
Monday, March 2, 1992, in the Selectmen's Meeting Room, Town
Office Building, at 7:35 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. Dailey, Mr. McSweeney, Mr Cohen, Town Counsel; Mr.
white, Town Manager; Ms. Radway, Assistant Town Managers and Mrs.
Peters, Executive Clerk, were present.
UBLIC HEARING - Lemon Grgig s - Restaurant 1.
Mrs. Smith opened the public hearing by reading the Legal
Notice that appeared in the Lexington Minute -man advertising the
hearing. Attorney Stephen Russian, representing the applicant,
Dusadee A. Lee Narbunshart, President and Treasurer of Lemon
Grass, Inc., described the restaurant and its present operation.
He noted that only beer and wine will be served.
Mrs. Smith commented that the plan showed 100 seats and 99
seats are allowed under the Board of Appeals decision, so the
plan should be changed.
There were no other questions or comments from the audience
or the Board, and Mrs. Smith declared the Public Hearing closed.
Upon motion duly made and seconded it was voted to grant a
Common Victualler Liquor License to Sell All Rinds of Alcoholic
Beverages to be drunk on the premises at Lemon Grass Restaurant,
1710 Massachusetts Avenue.
CON INU PUB IC ING - CLUB_ LI9UQR N I N F
PREMISES L xING ON
Mrs. Smith opened the continued public hearing by reading
the Legal Notice that appeared in the Lexington Minute --man
advertising the hearing. James Oliveri, Chairman of the Board of
Trustees for the Elks, and Raymond Gelanas discussed the nature
of the outside uses, namely the Annual Picnic and social gather-
ings around the horseshoe pits. He also said that the Elks plan
to add planting along a newly installed fence at the edge of its
property.
Jodi Hill, 8 Hampton Road, asked that all outdoor activities
be required to end at sunset since the parking lot abuts a
residential neighborhood. The Board agreed to require an earlier
closing time for outdoor activities, than is required for indoor
activities, and to review the results of this decision in a year.
Mrs. Klarmin asked that abuttors be notified when the license
comes up for renewal. There being no further comments or ques-
tions, Mrs. Smith declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
an Extension of Premises application for a Club License to Sell
All Kinds of Alcoholic Beverages To Be Drunk on the Premises
outside the Lexington Lodge #2204 B.P.O. on 200 sq. ft. plus or
minus of paved parking area used by members for outdoor activi-
ties such as picnics, horse shoe tournament, etc., between the
hours of 12 :04 noon - 9:00 p.m. Monday- Saturday, and on Sunday,
1 p.m. - 9:00 p.m.; and inside the premises, between the hours of
Minutes for the meeting of March 2, 1992
IJ
12:00 noon to 12 midnight, Monday - Saturday, and 1:00 p.m. to
11.00 p.m., on Sunday.
The Board will sign the revised License at its next meeting.
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges:
Commitment of Street Opening Permits, $325.00
January 31, 1992
PROCLAMATION
Upon motion duly made and seconded, it was voted to issue a
proclamation "THAT THE LEXINGTON BOARD OF SELECTMEN COMMEND AND
CONGRATULATE ALLEN Co LANNOM" .
ONE DAY LIQUOR LIC N MON SS I SC
Upon motion duly made and seconded, it was voted to approve
the application of the Montessori School for a One Day Liquor
License to hold a fund raising auction on March 21 1992.
VT S L S E S AV N S W V C
Mr. White reported there had been no problems With the
restaurant's sidewalk service in the past year. He recommended
they again be granted permission to serve food and alcoholic
beverages at tables outside on the sidewalk in front of the
restaurant during the spring -- summer -early fall months with the
following conditions:
1) no furniture be placed outside before than 11 :00 a.m.,
2) no party may be served after 11:00 p.m.,
3) no more than four to five tables with umbrellas and 16/20
chairs may be placed outside, and must be set up so as
not to obstruct pedestrian traffic,
4) tables must be cleared immediately,
5) for every seat used outside, one seat may not be used
inside,
f ) the rental of the outdoor space will continue to be
$200 per month,
7} one million dollars insurance shall be held for liquor
liability.
Upon motion duly made and seconded it was voted to grant a
sidewalk permit to serve food at tables outside the Versailles
Restaurant, subject to the conditions listed above.
STAFF-Lt STAFF SU V Y
Mr. White reported that he had made a survey of comparable
communities for staffing levels of the Departments of public
Works, Police, Fire and Library, and that Lexington's levels were
at the lowest levels possible when compared with other similar
communities.
Minutes for the meeting of March 2 1992
3
FY93 BUD T
The Board continued its budget discussion. Mrs. Smith noted
that members had completed the review of the entire budget, and
should now begin to deal with the Town Managers recommendations.
Mr. McSweeney said he was not in favor of either a trash fee
or an override. He had not decided on a position about closing
the fire station, and favored making the cuts in the second level
of cuts distributed at last weeks meeting, to balance the budget,
except he was not sure about the Town abandoning the lining of
all fields and maintenance of all infields
Mrs. Smith thought that the second round of cuts proposed,
if a trash enterprise fund were not implemented or an override
did not pass, would destroy the Town as it exists. She noted
that one of the benefits often overlooked were the high property
values that a well -run town brings to its citizens, and thought
that Lexington would no longer be able to provide the services a
well -run town brings to its citizens with the proposed cuts.
Mrs. Smith also noted that the trash enterprise fund would
remove this service off the tax levy and into a self -- supporting
fee structure, similar to other Town enterprise funds.
Mr. Eddison said that he was close to the position of Mrs.
Smith. He favored keeping the East Lexington fire station open
if the Town can get flexibility on manning issues. He suggested
that some cemetery fees be increased, and supported LexPresss,
mom with a raise in fares. He preferred raising the necessary
revenue to balance the budget with the trash enterprise fund
rather than the override because he did not think an override
would be approved.
Mr. Dailey favored the use of an override, with a list of
items to b e voted separately to raise the necessary revenue,
before falling back to a trash fee, which he does not support.
He noted an increase in property taxes is deductible, whereas a
trash fee is not. He did not favor closing the East Lexington
fire station, but is counting on a changing staffing program to
keep it open. He favored the elimination of LexPress, and a
$25,000 reduction in legal fees.
Mr. Marshall thought that a combination of both the override
and the trash enterprise fund was needed to bring the budget into
balance. He estimated a $2.4 million budget shortfall and
proposed, that a one million dollar override be brought to the
voters first, with the remainder of the deficit to be raised by a
trash fund. If the override fails, the trash enterprise fund
should be again proposed. If both are voted down, then the
second round of cuts must be made to reduce the budget by $2.4
million. He estimated these cuts could be one million dollars
from the education budget; $.5 million from fire and police;
$50,000 from the library budget and DPW; and $250,000 from the
elimination of LexPress.
,�.., Discussion followed about the continual reduction in State
aid to cities and towns over the past several years. It was
agreed to invite State Representative Doran and Senator Havern to
the next Selectmen's meeting on March 9, 1992. The Board agreed
to continue the budget review discussion at its next meeting.
Minutes for the meeting of March 2, 1992
1.
2
EXECUTIVE SES S...�.
Upon motion duly made and seconded, it was voted 5 - 0 by roll
call vote: Mrs. Smith, Mr. Eddison, Mr. Marshall, Mr. Dailey and
Mr. McSweeney, to go into executive session to discuss matters of
labor negotiations, the disclosure of which might adversely
affect the interests of the town with no intent to resume open
sescs ion .
Upon motion duly made and seconded, it was voted to adjourn
at 9:35 p.m.
A true record, Attest
Sara I. Peters
Executive Clerk
OOM
SELECTMEN'S MEETING
March 9, 1992
A regular meeting of the Board of Selectmen was held on
Monday, March 9, 1992, in the Selectmen's Meeting Room, Town
Office Building at 7:30 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel; Mr.
White, Town Manager; Ms. Radway, Assistant Town Manager; and Mrs.
Peters, Executive Clerk, were present.
F OF AD HOC C MMI N ELAYGEIQU N S
Sandra Shaw, speaking for the Committee, reported that they
had made numerous site visits to school playground facilities and
in follow -up committee discussions, two areas of mutual concern
became apparent, the maintenance of equipment in the play areas
and the availability of funds for capital improvements.
Mrs. Shaw reported that it was the consensus of the Commit-
tee that the day --to -day maintenance continue to be the responsi-
bility of the School Department.
In the second area of concern, the financial impact which
capital purchases would make on the Recreation, Parks and School
budgets, the Committee recommended:
16 Since some of the school playground equipment has been
determined to be unsafe, its removal is recommended.
2, The parent organizations at each school will be encouraged
to set up "Playground Subcommittees" whose role would be to:
a. Determine equipment needs
b. Raise any funds deemed necessary
ce Working with the Supt. of Parks and the School Dept.
Supervisor of Buildings and Grounds on siting and in-
stallation of playground equipment.
39 The Recreation Dept. will offer free consulting services to
any parent organization seeking guidance in developing their
school playground and
4e 10% of any funds raised should be added to the costs and
placed in a trust fund for the future maintenance of the
refurbished playground.
The Board agreed that any unsafe playground equipment should
be removed as soon as possible and thanked Mrs. Shaw for the
excellent report.
R VIS I U R LIC ELKS
Upon motion duly made and seconded it was voted to approve
and sign the revised Extension of Premise club Liquor License for
the Lexington Lodge #2204 B.P.G. Elks of U.S.A., Inc., 959
VM• Waltham Street, to Expose, Keep for. Sale and Sell All Kinds of
Alcoholic Beverages to be drunk on the premises, both indoors and
outdoors, as described in the License.
Minutes for the Meeting of March 9, 1992
CQNSENT AGENDA
[upon motion duly made and seconded it
commitment of the following charges:
Commitment of water charges ending
March 1992 (cycle 9 bills)
Commitment of street opening permits
Boston Gas Company
e
3
was voted to approve
$84,893.32
$425.00
FY 9 3 BUDGET
Mr. White directed the Board's attention to material in his
packet for this evening's meeting, that was submitted during
previous meetings, and which he thought would be helpful in
working towards adopting the FY 93 budget. Included are tax
rate impact figures, the refuse collection and disposal fee
proposal, as well as a listing of the Phase II budget reductions.
In addition he presented a separate sheet to help in deter-
mining the costs of restoring programs, which he asked to discuss
with the Board in more detail.
JOINT MEETING QF THE SEL CTMEN SCH OL COMMITT E TMMA
At 8:00 p.m. the Board met with School Committee members
Lois Coit, Sheldon Spector, and John 4berteuffer; Acting Superin-
tendent Richard Barnes, and TMMA representatives for further FY
93 budget discussions.
Mrs. Coit noted that the School Committee had been asked to
develop a level funded school budget for this discussion, which
meant that $1.0 million would have to be cut from its proposed
budget. In response to a question from Mr. McSweeney, Mrs. Coit
said that if there were no trash fee or override, the school
budget would have to be cut by this amount.
Mrs. Coit said that the Committee is reviewing the adminis-
trative personnel structure for next year's budget. Mr. Eddison
questioned the need for curricular coordinator positions.
Mr. Spector added that the School Committee had tried to
balance the needs of college bound students and non -- college bound
students in its budget deliberations.
Mr. Marshall suggested that the Committee consider funding
all programs at acceptable levels and then eliminate whole pro-
grams in order to balance its budget.
Mrs. Coit said that the Committee will deal as beat it can
with the - -5.79 impact of the teacher increase, but the fact was
the schools would not be the schools Lexington residents have
known in the past or want for the future.
Mr. Dailey commented that he saw the Selectmen and the
School Committee acting as partners, and that somehow additional
money must be raised to balance the budget. He presumed that the
solution of the budget shortfall would come down to an override
or a trash fee, with the override broken down into a list of
items now cut but to be funded by an override if the voters so
decide. He thought the School Committee should recognize that
they have a real credibility problem with voters when they bring
a 7.9% budget increase to this year's Town Meeting, while the
rest of the budget is being drastically cut or level funded.
r
Minutes for the Meeting of March 9, 1992
3
Mr. oberdeuf f er thought that LEA was aware of this sentiment
and that it was in its long range interest to work with the
School Committee and Selectmen to solve this issue.
Mrs. Smith thanked School Committee members for sharing any
information presently available about negotiations between the
School Committee and the Lexington Education Association.
Mrs. Smith also complimented the TMMA for the high quality
of the Warrant Information Booklet put out by them this year.
Mr. Adler, 22 village Circle, reported that approximately
100 people attended a meeting held at the Sacred Heart Church in
East Lexington last Sunday evening to discuss budget concerns.
The greatest number of concerns expressed were over the possible
loss of the East Lexington Fire Station and Branch Library.
FY93 BUDGET DEBAT
Mrs. Smith, Mr. Marshall and Mr. Eddison stated they could
not support additional cuts in Line Item 1100 Education totalling
1.5 million dollars, but did support the Town Manager's .5
million dollars cut under his original budget.
Mr. McSweeney said he would support additional cuts of 1.5
million dollars in line item 1100 because otherwise an override
or an Enterprise Refuse Fund would be required to balance the
budget, and he did not support either alternative.
Mr. Dailey objected to linking the two revenue- raising
measures, the Enterprise Refuse Fund and the Override, as the
only alternatives to balance the budget.
Upon motion duly made and seconded, it was voted 3-2 (Mr.
Dailey and Mr. McSweeney voted in the negative) to support the
Town Manager's recommendation of $27,772,988 for Education.
There was general agreement to make no further cuts in Line
Items 3310 - Parks and Grounds, 3320 - Tree Maintenance and
4100 - Law Enforcement.
Upon motion duly made and seconded it was voted to add
$402,073 to Line Item 4230 - East Lexington, with productivity
improvement, which would provide enough funding to maintain the
East Lexington Fire Station only if there are productivity
improvements, and to direct the Town Manager to investigate what
an ambulance service based in the fire station would cost if the
fire station were closed and to survey ambulance fees charged by
other towns.
There was general agreement to make no further cuts in Line
Items 4240 - Fire, 5100 - Library, 6100 - council on Aging,
6300 - Human Services, 8140 -- Town Report, and 3330 -- Cemetery.
Upon motion duly made and seconded, it was voted 3--2 (Mr.
Dailey and Mr. McSweeney voted in the negative) to wake no
further cuts in Line Item 5400 -- LExPRESS.
Upon motion duly made and seconded, it was voted 3--2 (Mr.
Dailey and Mr. McSweeney voted in the negative) to approve the
FY93 budget, as originally submitted by the Town Manager on
December 31, 1991, that will ask Town Meeting to approve an
Enterprise Trash Fund to raise $2.28 million to balance the
budget; and if Town Meeting does not approve the Enterprise Trash
Fund, to raise the $2.25 million by override referendum.
1. .
Minutes f o r the Meeting of March 9, 1992 4
EXECUTI SESSION
Upon motion duly made and seconded,
call vote: Mrs. Smith, Mr. Eddison, Mr.
Mr. McSweeney, to go into executive ssess
matters of litigation, the disclosure of
affect the interests of the town with no
session*
it was voted 5 -0 by roll
Marshall, Mr. Dailey and
ion for discussion of
which might adversely
intent to resume open
Upon motion duly made and seconded, it was voted to adjourn
at 11:14 p.m.
r
A true record, Attest
Sara I. Peters
Executive Clerk
�17R
SELECTMEN'S MEETING
March 16, 1992
A regular meeting of the Board of Selectmen was held on
Monday, March 16, 1992, in the Selectmen's Meeting Room, Town
Office Building, at 7 :30 p.m. Acting Chairman Eddison, Mr.
Marshall, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel; Mr.
White, Town Manager; Ms. Radway, Assistant Town Manager; and Mrs.
Peters, Executive Clerk, were present.
MINUTES
Upon motion duly made and seconded, it was voted to approve,
as presented, the minutes of the Selectmen's meeting for January
22, 1992.
RESIGNATION AND APPOINTMENT, LEXINGTON COUNCIL T E ARTS
Upon motion duly made and seconded, it was voted to accept
the resignation of Stephanie Reich from the Council, and to
appoint Isham Peugh to the Council, as recommended by Melinda D.
Vinton Chairman of the Lexington Council for the Arts in her
letter of March 3, 1992 to Mrs. Smith.
LITTLE LEAGUE PARADE AND FIELD CE EM NI S
Upon motion duly made and seconded, it was voted to grant
permission for a Little League parade to start the season's
activities, beginning at Muzzey parr at 9:30 a.m. on May 2, 1992.
The route will proceed down Mass. avenue through the Center,
thence down Muzzey Street and terminate at the Little League
field at the end of Park Drive, followed by a brief Opening Day
Ceremony.
CONSERVATION COMMISSION RESPONSE TO LETTER OF CHAIRMAN
The Board discussed with Mrs. Miller her letter to Chair-
man Smith, dated January 3, 1992, concerning problems and com-
plaints received that are associated with clogged brooks and
drainage ditches in Lexington.
Mrs. Miller reported that the Conservation Commission would
like to appoint a subcommittee with representatives from the
impacted areas, and representatives from the Engineering Depart-
ment, Parks Department and the DPW, as well.
Mrs Miller saw the charge of the subcommittee as threefold:
1) Identification of areas needing attention (much of which has
already been done),
2) Setting priorities (which areas are most critical), and
3) Preparing recommendations of actions to be taken. (One such
action would be a long range plan with funding for cleaning
over time.)
Mrs. Miller reported that they have also talked to several
engineering firms about setting up guidelines to clear brooks,
and that they have received a proposal from a developer who is
interested in the land next to the Swommonland. She added that
almost all brooks need maintenance or there will be major prob-
lems in the future. She hoped the formation of a subcommittee
Minutes for the Meeting of March 16, 1992 2
would lessen the need for paying consulting fees, and she men-
tioned the difficulties encountered in cleaning the old Res under
the Wetland Protection Act.
Speaking on behalf of the Conservation Commission Mrs.
Miller asked for the Board's support for this venture.
In response to questions from the Board, Mrs. Miller said
they plan to work on one brook at a time, starting with Hardy's
Pond Brook, where they already have in mind what work will need
to be done. She added that the plan is also to clean the smaller
brooks now while the subcommittee prepares a model for work on
the larger brooks, like the Hardy's Pond Brook, which will have
to be done in the winter when the ground is hard.
Caleb Warner, South Lexington Civic Association, commented
that part of the problem is complications from the Wetlands Act.
The Conservation Commission feels it severely restricts what can
be done. He added that some sort of survey would probably have
to be done by a professional who can interpret the Wetlands Act.
Upon motion duly made and seconded it was voted to approve
the formation of a Conservation Commission subcommittee with the
charge of dealing with clogged brooks and drainage ditches,
having as a priority for action, working on one brook at a time.
LI NS CLUB 4TH OF JULY PLANS
Jackson T. Brinklow, representing the Lexington Lion's Club,
presented an agenda of activity for its 35th annual 4th of July
carnival to be held on June 30th through July 4th this year.
Mr. Brinklow said that this year the Lions would like to
present a fireworks display, done by a licensed and experienced
company, on July 4 beginning at 9:00 p.m. He discussed problems
that occurred the last time Lexington had a fireworks display in
1972. He noted that only two area Towns had fireworks displays
that year, Lexington and Duxbury, so those towns were subjected
to serious overcrowding and traffic jams from out -of -town visi-
tors. He said in 1991, approximately 19 area towns had fireworks
displays. He thought this display would not cause the problems
that occurred in 19729 since so many more towns have fireworks of
their own.
The Board discussed a memos from Fire Chief John Bergeron,
dated 2/6/1992 and from Police Chief Paul Furdon, dated 3/2/92,
Chief Bergeron said he could not recommend that the Board allow a
fire works display to be put on by the Lions Club, and Chief
Furdon said he was strongly opposed to any fireworks display.
Mr. Brinklow asked for the opportunity to try again this
year on a trial basis. He thought with advance planning by the
Lions, the Police and Fire Departments and the Department of
Public Works, potential problems could be kept under control and
a repeat of the disaster of 1972 could be avoided.
Upon motion duly made and seconded, it was voted to grant
permission for the Lexington Lions Club to present a fireworks
display this year at its Fourth of July Carnival on a trial
basis; subject to review of a plan worked out with the Police and
Fire Departments on how the Lions propose to anticipate and
control problems that might arise.
Minutes for the Meeting of March 16, 1992
APPOINTMENT OF DIRECTOR OF GUI
Mr. Eddison reported that he and Mr. McSweeney had inter-
viewed Mr. S. Lawrence Whipple several weeks ago and had found
him to be very well qualified and interested in serving as
Director of Guides.
Upon motion duly made and seconded, it was voted to appoint
Mr. Whipple to serve as Director of Guides.
3
HATS III MEMOR NDUM OF AG EEMENT TO ESTABLISH A GROWTH A►ND
DEVELOPMENT POLICY COMMITTEE
Mr. Eddison reported that the Memorandum of Agreement is a
proposal to convert HATS II into a growth and development policy
committee which would enable HATS to accept funds that could be
used for such things as the alleviation of traffic problems in
HATS member towns.
Upon motion duly made and seconded it was voted that the
Board authorize the Chairman to sign the Memorandum of Agreement
to Establish a Growth and Development Committee on behalf of
Lexington.
In response to a question from Richard Canale, 23 Shade
Street, Mr. Eddison reported that this draft of the Memorandum of
Agreement had been delivered to the TMMA Executive Board for its
review with a memo from Mr. Eddison saying that the Board of
Selectmen would be acting on it tonight.
RENEWAL OF A, COMMON CARRIED LICENSE FOR "A YANKEE LINE INC."
Upon motion duly made and seconded it was voted to approve a
renewal of License for "A Yankee Line Inc." to operate a common
carrier passenger route from the Lincoln /Lexington line over Rte.
2 to the intersection of Routes 2 and 125, thence over Rte.
128/95 to the Lexington/Waltham line, and return.
HEAVY TRUCKING EXCLUSION CONCORD AVENUE & SPRING STIR EET
Mr. White directed the Board's attention to a report pre-
pared at the Board's request by Peter Chalpin of the Engineering
Division of Public works. The report, dated February 11, 1992,
contained a series of recommendations outlining steps to be taken
to obtain a Heavy Commercial Vehicle Exclusion on Concord Avenue
and Spring Street. Also included in the report were necessary
traffic counts; details of heavy trucking activity in Lexington;
and an estimate of $14,149 as the cost anticipated to apply for
and to institute the exclusions.
Mr. white said that a motion is needed authorizing Mr.
Chalpin to apply to the State for a Heavy Commercial Vehicle
Exclusion on Concord Avenue and Spring Street, which would not
allow trucks of more than 2 1/2 tons on these streets, except
those trucks making local deliveries.
mom Upon motion duly made and seconded, it was voted to autho-
rize Mr. Chalpin to apply to the State for a Heavy Commercial
Vehicle Exclusion on Concord Avenue and Spring Street, which
would not allow trucks of more than 2 1/2 tons on these streets,
except those trucks making local deliveries.
Minutes for the Meeting of March 16, 1992 4
In response to questions from the Board, Mr. white said
enforcement of the exclusion would probably require regular
patrol of the streets with the truck exclusion as well as some
police in -house training to determine what type of truck would be
capable of carrying over 2 1/2 tons. He saw the steps as: 1)
get approval from the State for the Heavy Commercial Vehicle
Exclusion; 2) get signs posted on the affected streets, forbid-
ding trucks over 2 1/2 tons from using these streets except for
local delivery; and 3) if necessary, the rental or purchase of
scales to police the ban.
Mr. Marshall said he would like to have the restrictions in
place before large trucks begin to travel these streets on a
regular basis to deliver fill to the postal facility on Smith
Street in Waltham.
TOWN MEETING WARRANT ARTICL S AND SELECTMEN ASSIGNMENTS
The Board briefly discussed various articles and which
articles each selectman would be presenting at Town Meeting.
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 4-0 by roll
call vote: Mr. Eddison, Mr. Marshall, Mr. Dailey and Mr. McSwee-
ney, to go into executive session for discussion of matters of
collective bargaining, 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 10:10 P.M. p.m.
A true record, Attest
41
Sara I. Peters
Executive Clerk
SELECTMEN'S MEETING
March 23, 1992
A regular meeting of the Board of Selectmen was held on
Monday, March 23, 1992, in the Selectmen's Meeting Room, mown
Office Building, at 7:08 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. Dailey, Mr. McSweeney Mr Cohen, Town Counsel; Mr.
White, Town Manager; Ms. Radway, Assistant Town Manager; and Mrs.
Peters, Executive Clerk, were present.
UBLIC H ARING BOSTON IS N WA9HINgTON STREEI. Coladmi t
Wgshing,ton Street
At 7:10 p.m. Mrs. Smith opened the hearing on the petition
of the Boston Edison Company for permission to install approxi-
mately seven feet of conduit in Washington Street, easterly
approximately 510 feet northwest of Eliot Street. Edward Chis-
holm, representing Boston Edison, explained the work was neces-
sary to provide electric service to a new home at # 5 Washington
Street.
There being no comments in favor or in opposition, Mrs Smith
declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plan and order of the Boston Edison Company for a
grant of location for installation of conduit in Washington St.
MINUTES
Upon motion duly made and seconded, it was voted to approve
as presented the minutes of the Selectmen's meeting of January
27, 1992, and the minutes of the Executive Session of January 27,
19920
the following abatements:
a. Accounts Receivable to be Abated -- Water $7.00
b. Accounts Receivable to be Abated - Sewer $452989
CONSENT G N
A BATEMENTS
Upon motion duly made and seconded, it was voted to approve
BOARD SI ION ON TQWN .. MEETING AIRTLU
ARTICLE 19 - HARRIN T N F I ELD RKIIABILLITATION
Mr. White recommended that the appropriation of $50,000 for
work on the field not be approved by the Board this year, since
the original intent to appropriate the funds from the tax levy
had been changed, and the funding was now to be taken from the
Recreation Enterprise Fund, which he did not recommend. He added
that in these tight fiscal times, the Town should saving dollars
whenever possible, given the budget cuts already made.
Mr. Marshall said he thought it was appropriate to fund
work on the field through the enterprise fund, noting that it
will probably not cost less and likely be more costly to postpone
the work another year.
Minutes for the Meeting of March-23, 1992
Upon motion duly made and seconded, it was voted that the
Board would not support approval of Article 19, Harrington Field
Rehabilitation, due to the severe fiscal restraints the Town
finds itself in this year.
CA
ARTICLE 1 - PINIE MEADOWS GOLF CQURSE SYSTEM
Mr. White noted that the golf course is producing revenue,
and that the town has an obligation to make it as fine a course
as possible. He added that the use of the automatic sprinkler
system in the evenings will speed up play and should produce more
revenue.
Upon motion duly made and seconded, it was voted that the
Board will support approval of Article 196
ARTICLE - AMEND EN A BY- AWS WETLAND P O EC IO
Upon motion duly made and seconded it was voted that the
Board will support approval of Article 25.
ART I C L 2 - AMEND GENERAL BY- L WS A FI R M VAL
Upon motion duly made and seconded it was voted that the
Board will support approval of Article 26.
ARTICLE 20 ZONING BY -LAW P T R OMING
Mrs. Smith noted that last year the Selectmen supported the
article allowing pet grooming in the CB ( Central Business) dis-
trict, and the Planning Board had said that if there were no
problems it would offer an amendment at the 1992 Town Meeting to
allow this service in other commercial zones. This amendment
will allow pet grooming services to be offered in the CRS (Retail
Shopping) and CS (Service Business) districts.
Upon motion duly made and seconded it was voted that the
Board will support approval of Article 200
ZONING BY-LAWt IPIRIVATE SERVIC
The Board agreed it had not had sufficient time to study
this article, and would confer after the Town Meeting debate of
the article has been made.
ARTICLE 22 - ZONING BY --LAW, DI HENS IONAL_._CCNTR INSTITUTIONA
USES
Mr. White reported that this amendment to the Zoning By -Law
would modify the side and rear yard setback requirements for
institutional uses such as churches, day care centers, municipal
uses, museums, galleries, private non - profit schools, clubs,
community centers, and recreational facilities located in resi-
dential zoning districts. The purpose would be to provide a more
effective buffer zone between these institutional uses and
adjacent residentially zoned property.
Mr. White noted that this change would preclude any future
expansion of Cary Library, since it is located in a residential
zone and would become a pre - existing nonconforming use under this
amendment, and is so situated that it could never meet the buffer
requirements enabling any future expansion of the library, which
Minutes for the Meeting of March 23, 1992 3
is under consideration for the future. He added that a way to
remedy this problem would be to amend the article exempting
municipal uses from the provisions of the proposed amendment.
Board members agreed to postpone taking a position on this
article until they have had an opportunity to meet with the Plan-
ning Board for further discussion.
CONCERNED CITIZENS FQW
Daniel Busa, S Farm Road, speaking for the Concerned Citi-
zens for Fiscal Responsibility (CCFR) read a statement outlining
the groups' position. He reported they were before the Select-*
men: 1] to oppose a trash fee through the implementation of an
enterprise fund; 2) to emphasize the need for a balanced budget,
one that spends no more funds then are expected to be available
without a tax or fee increase; and 3) to urge the Board to trust
voter choice with a line -item override package if more revenue is
deemed necessary.
Mr. Busa described a trash fee as nothing but a hidden tax
increase with no tax deduction possibilities. He added the trash
fee would dilute the advantages of home ownership, and have a
negative impact on Lexington property values.
He said that a balanced budget could be achieved within 1993
revenue levels. He mentioned the Town Manager's alternative
mom budget, the Appropriations Committee's annual report, and the
CCFR budget, as all being balanced. He added that these budgets
should be included in the process of finding what is best for the
taxpayers of Lexington.
Mr. Busa urged the Selectmen to trust citizen- taxpayers to
make decisions on how additional tax dollars will be spent on an
individual line -item referendum basis, if it is believed an
override vote is necessary to supplement the budget.
Mrs. Smith commented that the CCFR budget cut 2.8 million
from the School budget, and questioned how this could be done
without any additional classroom teachers losing their jobs. She
suggested the CCFR meet with the School Committee and discuss in
more detail what they propose.
Mr. Dailey commented that he welcomed the proposals, adding
that it is always good to have citizen participation in the
budget process. He also said he liked having the opportunity for
including line item choices on a referendum.
Mr. Marshall spoke of Lexington's representative form of
Town government and noted that the line --item override referendum
was inconsistent with what has been interpreted Proposition 2 1/2
means. He added that citizens do have a right to vote on any
override put on the ballot by the Selectmen. It is up to the
Selectmen to call for an override under Proposition 2 1/2, and it
is up to them to say what will be on it, which can include a
line -item override among other things, but does not have to be in
the form of a line --item override.
Mr. Marshall added that he does not agree with the implica-
tion that the representative Town Meeting /Selectmen process of
government denies citizens their rights, noting that citizens
take part in town government by electing Town Meeting representa-
tives, Selectmen and a School Committee. He added that he
welcomed the group's input on the budget process because that is
,0..0
Minutes for the Meeting of March 23, 1992
4
what will be debated in Town Meeting. He added that there is no
guarantee that there will be a line item referendum on the
budget.
Mr. Eddison agreed with Mr. Marshall's comments, and ex-a
pressed the hope that the press would report this point of view,
since it had not been reported when the other point of view
proposing an override was discussed at a previous Selectmen's
meeting.
Mr. Dailey commented that he thought citizens should have
the opportunity to vote by referendum not necessarily on each
line item in the budget, but some grouped ones to provide direc-
tion on the budget process.
Mr. Eddison expressed concerns with the line item override
process. He noted that well organized and funded lobby groups can
out -lobby and appeal to citizens to vote for their article to the
detriment of other articles that look out for certain human
service groups who are less well organized and often elderly and
disadvantaged, and to expect citizens with limited time to study
these issues and to be aware of this is simplistic and does not
make for good government.
Mr. Eddison added that this is why we have representative
Town government with representative Town Meeting and elected
Selectmen; to elect citizens with the time to study the issues
and balance pros & cons with the full resources of the Town's
professional staff. He rejected the idea that it is somehow more
democratic and fairer to run Town government by referendum.
EXECUJIVE S SSI N
Upon motion duly made and seconded, it was voted 5 -0 by roll
call vote: Mrs. Smith, Mr. Marshall, Mr. Eddison, Mr. Dailey and
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, with no intent to resume open
session,
Upon motion duly made and seconded, it was voted to adjourn
at 7:55 p.m.
A true record, Attest
Sara I. Peters
Executive Clerk
1.
SELECTMEN'S MEETING
March 30, 1992
A regular meeting of the Board of Selectmen was held on
Monday, March 30, 1992, in the Selectmen's Meeting Room, Town
Office Building, at 7:37 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. Dailey, Mr. McSweeney, Mr Cohen, Town Counsel; Mr.
white, Town Manager; Ms. Radway, Assistant Town Manager; and Mrs.
Peters, Executive Clerk, were present.
ARTICLE CONTROLS INSTITUTIONAL USE
The Board was joined by Planning Board chairman David
Williams, members Robert Domnitz and Martha wood; and Planning
Director Robert Bowyer to discuss the Planning Board's article to
require additional screening where institutional uses abut
residential zones.
Mr. Domnitz said he will present the article at Town Meeting
on behalf of the Planning Board. He noted that churches, schools
and day --care centers have special status under the State Zoning
Act; that these uses must be allowed in all zoning districts; and
can only be subject to a "reasonable" degree of regulation in a
limited number of ways such as setbacks, height, etc.
Mr. Domnitz added that the Board hoped to achieve two objec-
tives under the amendment. First, to provide improved buffering
for residential abutters next to institutional uses, and second
to ensure that all institutional uses, including municipal uses,
were subject to the same buffering requirements, to avoid the
claim that churches, schools and day --care centers have been
treated differently from other institutional uses.
Mr. white expressed concern with the draft article, as
written, since it appears to limit expansion capabilities for
most of the municipal buildings in Town, and he referred to a
memo from Building Commissioner Steven Frederickson, dated March
30. 1992. He asked the Planning Board to reconsider going
forward with the Article in its present form.
A discussion followed of Mr. Frederickson's memo in which he
said that he thought that it was unclear under the current Zoning
By -Law how to address additions to existing non - conforming
buildings, even though they are automatically grandfathered,
which have parking that is non-conforming with respect to screen-
ing or setbacks. Mr. Frederickson added that since Article 22
would result in a large number on nonconforming situations,
Section 6 of the Zoning By --Law should address as to how to handle
the problem. He also questioned the ability of a zoning by -law
to require greater setbacks for institutional uses than is
required for uses in residential districts. Mr. Frederickson's
memo also suggested that the matter of increased setbacks for
non - residential uses be addressed by Town Counsel.
In response to a question from Mrs. Smith, School committee
Chairman Sheldon Spector who was present, said there could
problems with future school building expansion if this amendment
were passed.
Minutes for the Meeting of March 30, 1992 2
Town Counsel Cohen agreed that with regard to the effect of
the proposed amendment on town owned properties, there is auto-
matic grandfathering of all existing properties. However, plans
for new facilities, new additions to existing facilities, or
reconfiguration of existing facilities would have to be evaluated
against the entire Zoning By -Law and not just the provisions of
this amendment.
The Planning Board agreed to try to address the concerns of
the Selectmen, Mr. White, Mr. Frederickson, Mr. Spector and Mr.
Cohen, and to report back to the Board before Town Meeting re-
sumes. Mrs. Smith said the Selectmen support what the Planning
Board is trying to accomplish with the article, and invited the
Board back when it has addressed these concerns.
MEETING SCHEDULE FOR APRIL MAC"
The Board agreed to schedule meetings for the following
dates and times in the Selectmen's Meeting Room, Town office
Building.
Monday April 13, 1992 - 7 :30 p.m.,
Monday April 27, 1992 -- 7:30 p.m.,
Wednesday April 29, 1992 - 7 :00 p.m.,
Monday May 4, 1992 -- 7:00 p . m. ,
Wednesday May 6 1992 - 7:00 p. m. ,
Monday May 11, 1992 - 7:00 p.m. and
Wednesday May 13, 1992 - 7:00 p.m.
CONSENT AGENDA
EASTER SUNRISE SERVICE ON THE LEXINGTON GR EN
Upon motion duly made and seconded, it was voted to grant
permission to the First Baptist Church to conduct and Easter
Sunrise Service on Lexington Green within the time frame of 0:30
a.m. e- 7:15 a.m. on Sunday, April 19, 1992
TRAFFIC ITEM THE WALDORF SCHOOL 739 MASSACHUSETTS AVENUE
Upon motion duly made and seconded, it was voted to refer to
the Traffic Safety Advisory Committee, the request for a crossing
light in front of the school.
STREET RESURFACING CONTRAC AWARD
Mr. White reported that eight bids were received and opened
on March 19, 1992 for Contract 92-10, Street Resurfacing. He
recommended that the Board of Selectmen award the contract to E.
H. PERKINS CONSTRUCTION in the amount of $301,405.00, on the
basis of their being the lowest qualified bidder, subject to Town
Counsel's approval as to bid form. The 10 streets to be resur-
faced are: Blossom Street, Blueberry Lane, Brookside Avenue,
Dawes Road, Goffe Road, Minola Road, Revolutionary Road, Ross
Road, Tyler Road and Whittier Road.
Upon motion duly made and seconded, it was voted to award
Contract 92 --10, Street Resurfacing, to E. H. PERKINS CONSTRUC-
TION, 18 Bennett Circle, Billerica, MA 01821, in the amount of
$301,405.00, subject to Town Counsel's approval as to bid form.
Minutes for the Meeting of March 30, 1992 3
FIVE YEAR BUDGET/ REVENUE PROJECTION
The Board discussed two five year budget revenue projec-
tions, not including Enterprise Funds, prepared by the Town
Manager, one using the past five year average budget changes, and
the other using a managed 3% increase in all appropriations
except Shared Expenses. Mr. white noted that the Town has little
fiscal control on mine Item 2000, Shared Expenses, which in-
cludes Health Insurance, and that there has to be some change in
State Ch 32B if the Town wishes to maintain the same level of
services. Both projections assume a decrease of 5% in funding.
Mr. Marshall discussed a memo dated 3/16/92 to Police Chief
Furdon from the Massachusetts Package Stores Association, Inc.
that was included in each Selectmen's meeting packet for this
meeting. The memo was about a safe liquor sales training program
entitled TECHNIQUES OF ALCOHOL MANAGEMENT liquor retailers
outlining problems they face in the day to day operations of
their businesses. In a cover memo, Chief Furdon said he support-
ed the program described, and added that the Selectmen may wish
to encourage training of liquor package store licensees.
Mr. Marshall asked that this be included as a future agenda
item for discussion by the Board.
.•N Upon motion duly made and seconded, it was voted to adjourn
at 8:40 p.m.
A true copy, Attest.
Sara
I. Peters
Executive
Clerk