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HomeMy WebLinkAbout1992-03-BOS-min i mm SELECTMEN'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 Manager; and Mrs. Peters, Executive Clerk, were present. PUBLIC HEARING - Lemon Grass Restaurant. 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 Kinds of Alcoholic Beverages to be drunk on the premises at Lemon Grass Restaurant, 1710 Massachusetts Avenue. CONTINUED PUBLIC HEARING - CLUB LIQUOR LICENSE, EXTENSION QF PREMISES. LEXINGTON ELKS 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 P•• 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 :00 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 2 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 C. LANNOM" . ONE DAY LIQUOR LICENSE, MONTESSORI SCHOOL 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. VERSAILLES RESTAURANT SIDEWALK SERVICE Mr. White reported there had been no problems with the restaurant' s sidewalk service in the past year. He recommended am. 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, 6 ) 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. STAFFING SURVEY 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 BUDGET 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 LexPress, 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 be 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. P.., 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 4 pm. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5-SO 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 session. Upon motion duly made and seconded, it was voted to adjourn at 9: 35 p.m. A true record, Attest cgrA4t1 Sara I . Peters Executive Clerk aim F r 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. REPORT OF THE AD HOC COMMITTEE ON PLAYGROUNDS 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: 1 . 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 c . Working with the Supt. of Parks and the School Dept. Supervisor of Buildings and Grounds on siting and in- stallation of playground equipment. 3 . The Recreation Dept . will offer free consulting services to any parent organization seeking guidance in developing their school playground, and 4 . 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. REVISED LIQUOR LICENSE FOR LEXINGTON 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.O. Elks of U.S.A. , Inc. , 959 �• 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 2 Imm CONSENT AGENDA Upon motion duly made and seconded it was voted to approve commitment of the following charges: Commitment of water charges ending March 1992 (cycle 9 bills) $84 ,893. 32 Commitment of street opening permits Boston Gas Company $425.00 FY93 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 OF THE SELECTMEN/SCHOOL COMMITTEE/TMMA At 8:00 p.m. the Board met with School Committee members Lois Coit, Sheldon Spector, and John Oberteuffer; Acting Superin- tendent Richard Barnes, and TMMA representatives for further FY 93 budget discussions. oim Mrs. Coit noted that the School Committee had been asked to develop a level funded school budget for this discussion, which meant that $1 . 6 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. Colt said that the Committee will deal as best it can with the -5. 7% 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. , Al 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 DEBATE 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 ,966 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 make no further cuts in Line Item 5400 -- LEXPRESS. Upon motion duly made and seconded, it was voted 3-2 (Hr. Dailey and Mr. McSweeney voted in the negative) to approve the „gym 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 . 28 million by override referendum. Minutes for the Meeting of March 9, 1992 mm EXECUTIVE SESSION 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 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 11 : 14 p.m. A true record, Attest JAL' '1(2' Pahl Sara I . Peters Executive Clerk pima { 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 FOR THE 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. Paw LITTLE LEAGUE PARADE AND FIELD CEREMONIES 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 park 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 MILLER 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 011",1,,,1 V' Minutes for the Meeting of March 16, 1992 2 iii••• 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. LIONS CLUB, 4TH OF JULY PLANS Jackson T. Brinklow, representing the Lexington Lion's Club, O "' 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 1972 , 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. "i Minutes for the Meeting of March 16 , 1992 3 ommin APPOINTMENT OF DIRECTOR OF GUIDES 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. HATS II , MEMORANDUM OF AGREEMENT TO ESTABLISH A GROWTH AND 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, 29 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 PI` Selectmen would be acting on it tonight . RENEWAL OF A COMMON CARRIER 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 128 , thence over Rte. 128/95 to the Lexington/Waltham line, and return. HEAVY TRUCKING EXCLUSION CONCORD AVENUE & SPRING STREET 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 $10, 100 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. ,.m 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 ARTICLES 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 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, Town 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. PUBLIC HEARING. BOSTON EDISON. WASHINGTON STREET. Condijit - Washington 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 # 6 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, 1992 . CONSENT AGENDA ABATEMENTS Upon motion duly made and seconded, it was voted to approve the following abatements: a. Accounts Receivable to be Abated -- Water $7.00 b. Accounts Receivable to be Abated - Sewer $452.69 BOARD POSITIONS ON TOWN MEETING ARTICLES ARTICLE 19 - HARRINGTON FIELD REHABILITATION 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 mm 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 2 oft 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. ARTICLE 16 - PINE MEADOWS GOLF COURSE IRRIGATION 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 19. ARTICLE 25 - AMEND GENERAL BY-LAWS. WETLAND PROTECTION Upon motion duly made and seconded it was voted that the Board will support approval of Article 25. ARTICLE 26 - AMEND GENERAL BY-LAWS. EARTH FILL 4 REMQVAL Upon motion duly made and seconded it was voted that the Board will support approval of Article 26. ARTICLE 20 ZONING BY-LAW. PET GROOMING Mrs. Smith noted that last year the Selectmen supported the waft 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 20. ARTICLE 21 - ZONING BY-LAW. PRIVATE POSTAL SERVICE 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, DIMENSIONAL CONTROLS, INSTITUTIONAL 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 look 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 pm 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 FOR FISCAL RESPONSIBILITY Daniel Busa, 6 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 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 low 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 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- 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 "''m" professional staff. He rejected the idea that it is somehow more democratic and fairer to run Town government by referendum. 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 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 giatti 64.4 Sara I. Peters Executive Clerk 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 22 . DIMENSIONAL CONTROLS, INSTITUTIONAL USES 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 oak 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. , t 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/MAY 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. um CONSENT AGENDA EASTER SUNRISE SERVICE ON THE LEXINGTON GREEN 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 6: 30 a.m. - 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 CONTRACT 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 mos 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 Line 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. FUTURE AGENDA ITEM 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 for 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. .•W Upon motion duly made and seconded, it was voted to adjourn at 8 : 40 p.m. A true copy, Attest: ,<Vii 1iV4/l Sara I . Peters Executive Clerk