HomeMy WebLinkAbout1992-04-BOS-min r
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SELECTMEN'S MEETING
April 13 , 1992
A regular meeting of the Board of Selectmen was held on
Monday, April 13 , 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.
7: 30 p.m. PUBLIC HEARING: Joint Petition. Boston Edison and New
England Telephone
Mrs. Smith opened the hearing by saying that the public
hearing was on an Order for Joint or Identical Pole Locations on
Curve Street, and turned the hearing over to Robert Boudreau from
New England Telephone and Telegraph Co. Mr. Boudreau reported
that they are asking permission to place anchor guys on existing
poles #25/3 and #25/8 . There were no questions from the Board.
In response to a question from Ellen F. McDonnell, 7 Curve
Street, Mr. Boudreau said that the guy anchors would be no fur-
ther away from the base of the telephone poles than 5 ft. She
asked that a representative from the Telephone Company show her
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the proposed location of the anchor guys in relation to her
property.
Upon motion duly made and seconded, it was voted to grant
permission to erect and maintain anchors, guys and other such
fixtures as requested in the petition of the company dated the
11th day of February, 1992, subject to the provision that a
representative of the Telephone Company meet with Ms. McDonnell
per her request.
APPROPRIATION COMMITTEE
Mrs. Smith asked Mr. White why he proposed a trash enter-
prise fund to balance the budget. Mr. White responded by outlin-
ing the cuts that had already been made in the budgets of almost
all departments, and said that he recommended the elimination of
the trash collection account from the tax levy as a less severe
shock to Lexington residents than imposing further cuts that must
made to raise an additional $2 . 3 million and bring the budget
into balance.
Mrs. Smith asked Chairman of the Appropriation Committee
Jane Pagett to join the discussion. Mrs. Pagett reported that the
Committee was divided on the issue of the trash enterprise fund
and the override.
Committee member Ron Levy reported that some Committee
members favored the trash enterprise fund because they did not
o.o want to have to fall back on the second round of budget cuts,
presented by the Town Manager, if the override vote failed.
Committee member George Burnell reported that other Commit-
tee members thought that the disadvantages of implementing a
trash enterprise fund outweighed the imposition of a second round
Minutes for the Meeting of April 13 , 1992 2
of budget cuts if the override vote failed, and that if the
override passed, the trash enterprise fund would go on the tax
rate, which is already rising significantly this year.
Mrs. Pagett asked for the Board' s thoughts at this time on
the FY93 budget.
Mrs. Smith commented that she believed the position of the
Board is to request an override that will ask the question do
residents wish to pay for the collection of trash on your tax
levy, or with a discrete fee as recreation, water and sewer are
funded.
Mr. Marshall said that anything citizens want to do can be
done in the normal process at Town Meeting, and that the need was
to focus on the whole budget.
In response to his question as to what was the timetable for
the Lexington Education Association contract vote, School Commit-
tee Chairman Sheldon Spector, who was present, said it was this
week. Chairman Spector was invited to stay for the Executive
Session following the meeting.
Mr. McSweeney continued to express his opposition to the
trash enterprise fund and an override as currently discussed. He
added that these were hard times for many Lexington citizens, and
questioned whether the second round of cuts would dismantle Town
services.
Mr. Dailey did not wish to have the trash fee and the over-
ride question coupled, as proposed, and advocated a "menu" rather
than a "one question" approach to the override to let the voters
pick and choose.
Mr. Eddison commented that it appeared that the Board was
further along toward making decisions than he had thought. He
continued to support the position of the majority of the Board as
expressed by Mrs. Smith for a trash enterprise fund and an
override.
Mrs. Smith thanked the Committee for its report.
8 :00 p.m. PUBLIC INFORMATION MEETING. Affordable Housing.,
18 Banks Street
Mr. McSweeney reported on an offer from the Minuteman
Vocational Technical High School and the Lexington Rotary Club to
construct an affordable house on the vacant Town owned lot at 18
Banks Street (Lot No. 207 , Map No. 13 ) . He briefly described the
process:
1 ) the Minuteman School constructs the home;
2 ) the Town supplies the land; and
3 ) LexHAB coordinates the process and construction.
Mr. McSweeney introduced Marshall Derby, Chairman of LexHAB,
who reviewed the recent history of this collaboration, namely,
the affordable homes on Waltham Street and Bruce Road. He also
described the process by which the Banks Road site was selected.
p,. David Eagle, representing the Rotary Club, outlined the pro-
jected schedule and described the 4 bedroom raised ranch that is
proposed for the lot.
Questions and comments from the Board and residents focused
on potential drainage problems to abuttors, how it is possible to
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Minutes for the Meeting of April 13 , 1992obik
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build with wetland on the site, loss of trees on the site;
whether other potential sites in Town had been investigated; and
why neighbors had not been brought into the process sooner.
In response, it was stated that no water would drain unto
neighbors' property, and an existing drainage system on the lot
will be used to tie into any additional drainage runoff from the
new home. Also, every effort will be made to preserve larger
trees on the lot.
In response to whether other sites had been investigated,
Mr. Derby explained the Scattered Site/Affordable Housing Pro-
gram, noting that the Town is reluctant to sell tax title lots
that could be potential sites for affordable housing. He added
that over the years a list of potential sites has been prepared,
and each is examined in turn to see if criteria, established by
the Building, Engineering, Health and other concerned departments
for affordable housing can be met.
Mr Derby also commented that LexHAB would like to have the
neighbors input as to how the lot is developed, but not necessar-
ily as to if and when it is to be developed.
On motion duly made and seconded, it was voted to accept and
implement the proposal made jointly by LexHab, the Minuteman
Vocational School and the Rotary Club to construct a single
family affordable home at 18 Banks Street.
110.1. CONSENT AGENDA
ONE DAY LIQUOR LICENSE. LEXINGTON BICENTENNIAL BAND
Upon motion duly made and seconded, it was voted to approve
the application of the Lexington Bicentennial Band for a One Day
Liquor License to hold an Annual Fund Raiser on Saturday, May 2 ,
1992 from 8:00 p.m. to Midnight.
LEXINGTON MINUTE MEN
Upon motion duly made and seconded, it was voted to allow
the Lexington Minute Men to use the Battle Green for a Living
History Demonstration on Saturday, April 4, 1992 from 11 :00 a.m.
to 3 :00 p.m.
LEXINGTON BICENTENNIAL BAND
Upon motion duly made and seconded, it was voted to allow
the Lexington Bicentennial Band to hold 10 band concerts in
Hastings Park from July to September on the following dates:
July 2 , 9, 16, 23 and 30 , August 6, 13 , 20, 27 , and September 3 ,
1992 .
ARTICLE 24 - Land Transfer
Conservation Commission Chairman Mrs. Miller reported that
Article 24 proposed that the Conservation Commission assume
stewardship of four Town owned properties which were acquired for
general purposes. She noted that three are already protected, so
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that under Article 24 , the Commission will be asking for steward-
ship of only the 1 .08 acre parcel between Lillian Road and the
Arlington town line through which Munroe Brook flows.
Minutes for the Meeting of April 13 , 1992 4
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= Mrs. Miller added that stewardship of this parcel will make
it possible to build a trail from the Arlington Reservoir to the
Great Meadows. The Board had no problem with these plans.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meetings of January 29, February 5 , 10, 24 ,
and 26, 1992 , as presented.
EXECUTIVE SESSION MINUTES
Upon motion duly made and seconded, it was voted to approve
the Executive Session minutes for January, 29, 1992 , February 5 ,
10, and 26, 1992 , as presented.
FEE PROPOSALS, PARKING VIOLATIONS
Mr. White presented fee proposals for parking violations as
proposed by Police Chief Furdon, ambulance rates as proposed by
Fire Chief Bergeron and cemetery fees as proposed by DPW Director
Richard Spiers.
a. Parking Violations: Chief Furdon noted that State Law
requires a minimum fine for parking in a handicapped space of
$25 .00. He recommended that meter violations be fined $5 .00;
restricted place and all night parking violations be fined
$15 .00; and that handicapped space violations be fined $50.00.
■''• Upon motion duly made and seconded, it was voted to adopt
the recommendations of Police Chief Furdon.
b. Cemetery Fees: Mr. Spiers recommended fee increases
for the following services:
Extra-deep graves increased $750. 00 to $950.00;
Earth Burials increased from $420.00 to $575.00;
Cremation Burials increased from $125 .00 to $200.00; and
Foundations & Stones Installed increased from $125.00 to
$180.00.
Mr. Spiers also proposed the purchase by the Town of vaults
or grave boxes that are used for all regular burials in Lexington
cemeteries, instead of leaving the this purchase to funeral
directors, who then mark up the price significantly for sale to
families. The Town could invite vault companies to supply vaults
and grave boxes in large volume on a yearly basis, thus reducing
the unit cost, for sale by the Town to the consumer, which would
result in a significant increase in the Town's profit, a saving
which may or may not be passed on to the consumer.
In addition, Mr. Spiers noted that adopting this concept
would allow the Town to go into the program of the double-depth
grave box in the unused portion of Westview cemetery, which Mr.
Spiers estimated would increase the life of the cemetery by an
additional 76 to 80 years over what is now being projected.
The Board commended Mr. Spiers' thoroughly researched and
excellent presentation.
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Mr. Dailey proposed the Town stay at the current charges for
the fees presented to be raised, since we were already high in
comparison to nearby towns. Mr. Marshall thought raising the
recommended fees was the right thing to do at this time.
Minutes for the Meeting of April 13 , 1992
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Upon motion duly made and seconded, it was voted 4-1 (Mr.
Dailey voted in the negative ) to adopt the recommendations for
fee increases and the proposal that the Town purchase the vaults
and grave boxes made by Mr. Spiers.
c. Ambulance Rates: Mr. White discussed a memo from Chief
Bergeron, dated 4/1/92 , proposing that the base rate for an
ambulance run be increased from $100.00 to $135.00; the oxygen
fee be increased from $20.00 to $25.00; and that a new fee for
loaded mile of $5. 00 per mile be instituted. Mr. White noted
that the private charges are much higher.
Upon motion duly made and seconded, it was voted 4-1 (Mr.
Dailey voted in the negative) to adopt the following rate in-
creases: $165 . 00 for base charge, $32 . 00 for oxygen fee, and a
new fee for loaded mile of $8 .00 per mile instituted.
HURRICANE BOB REIMBURSEMENT
Mr. White reported that the Town has received another
payment from the Federal Emergency Management Agency (FEMA) of
$92 ,045 as another part of its reimbursement for damages under
the Disaster Assistance Program bringing our total reimbursement
to $138 , 038. Still owed is $4 , 681 . He added that this money
will be in the form of free cash and be available for FY94 .
Mr. White also reported that the Disaster Agency is still
ow. considering the Town' s request regarding the removal of fire
alarm boxes from residential areas. He added that at this time
they are trying to decide what category to apply against, and
this decision will effect the amount of participation by the
Federal government. This application was submitted contingent
upon successful Town Meeting approval .
CHAPTER 90 PROJECT REQUEST
Mr. White asked that the Board vote to sign and to sign
Chapter 90 project requests forms in order to obtain State DPW
authorization for $313 , 130 .06 worth of road resurfacing approved
by the Board at its last meeting.
Upon motion duly moved and seconded, it was voted to sign
the Chapter 90 project request forms to obtain State DPW authori-
zation for $313 , 130.06 for road resurfacing .
RESERVE FUND TRANSFER
Mr. White asked that the Board approve a reserve fund
transfer request in the amount of $11 , 159.00 for veterans servic-
es, based on the attached background information that was provide
by Veterans ' Clerk Steve Baran.
Upon motion duly made and seconded it was voted to approve a
reserve fund transfer in the amount of $11 , 159. 00 for veterans
services.
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Minutes for the Meeting of April 13 , 1992ion
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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 in,to 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: 55 p.m.
A true record, Attest
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Sara I. Peters
Executive Clerk
SELECTMEN'S MEETING
April 21 , 1992
A regular meeting of the Board of Selectmen was held on
Tuesday, April 21 , 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.
APPOINTMENTS TO THE CABLE AND COMMUNICATIONS ADVISORY COMMITTEE
At the request of the Committee, action by the Board has
been deferred to a future meeting.
CONSENT AGENDA
COMMITMENTS
Upon motion duly made and seconded it was voted to approve
commitment of the following charges and abatements:
Commitment of Street Opening Permits, 3/31/92 $350.00
Commitment of Water Charges ending 4/92 $87 ,316.83
Abatements 4/16/92 - Water $438.49
Abatements 4/16/92 - Sewer $2,258.48
Abatements 4/16/92 - Demand $20. 00
PROSPECTIVE OVERRIDE LIST
The Board discussed the motion proposed under Line Item
#3400, Refuse Collection/Disposal , to raise $2,286, 134 by estab-
lishing a Trash Enterprise Fund to deal with the budget deficit
by removing Refuse Collection/Disposal from the tax levy.
Mrs. Smith noted that the Board had previously voted 3-2
(Mr. Dailey and Mr. McSweeney voted in the negative) to support a
Trash Enterprise Fund. She added that it had also been agreed
that the Selectmen would bring a $2 , 286, 134 Override to the Town
listing alternative cuts to balance the FY93 budget if the motion
under Line Item #3400 did not pass; and if the Override failed,
Line Item #3400 would be funded by a Trash Enterprise fund.
Mr. McSweeney repeated his position against either a Trash
Enterprise Fund or a Proposition 2 1/2 Override.
Mr. Dailey asked that the Board seriously consider eliminat-
ing the closing of the East Lexington Fire Station from the cuts
proposed in the Prospective Override List. He added that what
the trash fee really funds is the override list paid for by the
residents of the Town.
Mr. Eddison commented that the need is to balance the
budget, and either this must be accomplished by a Trash Enter-
prise Fund or an Override, but not necessarily an Override
Pah containing the prospective override list being discussed tonight.
Mrs. Smith discussed the Trash Enterprise Fund, and noted
that enterprise funds had been a viable alternative when dealing
with budget constrictions brought about when Proposition 2 1/2
was enacted 11 years ago as a means to take the rising pressure
off property taxes.
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Minutes for the Meeting of April 21 , 1992 2
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In response to a question from Mr. Marshall it was reported
that the Teachers' contract had been ratified and included a 2 . 9%
salary increase. Mr. Marshall proposed that the wage freeze be
lifted for Town employees also, and that they receive the same
salary increase. The Board agreed that the contract did not
serve the best interests of the Town and that the Board was not
happy with the settlement.
The Board reaffirmed its previous decision to present a
motion under Line Item #3400 that would automatically trigger a
Trash Fee Enterprise Fund if a $2 . 2 million Proposition Override
vote did not pass in June.
DISPOSAL OF BRUSH RECYCLABLES
The Board discussed a memo from Richard E. Spiers, Director
of Public Works/Engineering, dated April 16, 1992, on a proposal
for the disposal of brush in Town. He asked the Board' s approval
and endorsement to begin an experimental residential brush
collection program to collect prunings and fallen or dead limbs,
but not trees or brush that resulted from the work of tree
contractors.
Mr. Spiers proposed to collect brush on Tuesdays, starting
June 2 . He reviewed a list of preliminary standards for the
curbside collection of residential listed in the memo, and noted
that the DPW would reserve the right to refuse to collect brush
'"ns that did not comply with these standards.
The Board unanimously gave its approval and endorsement for
the experimental brush collection program.
CROSSWALK PAINTING
Mr. White reported that the changeover from the ladder
configuration to the zebra configuration in the pedestrian
crosswalks throughout Town is proving to take longer and to be
more costly than had originally been anticipated, because more
paint and additional time to do the work is required.
Mr. Spiers proposed and the Board agreed that the DPW would
continue doing the zebra stripe painting in key areas of Town,
such as school districts and Massachusetts Avenue, but use the
more efficient and less costly ladder crosswalks in less critical
areas in Town.
SET DATE FOR PROPOSITION 2 1/2 OVERRIDE VOTE
At the request of Town Moderator Margery Battin, the Board
agreed to set a June date at its next meeting for the Proposition
2 1/2 Override vote next Monday. Mr. Cohen noted it would take
approximately 35 days to set it up.
Wade Tambor, 11 Adams Street, representing Concerned Citi-
zens for Fiscal Responsibility asked that the organization have
the opportunity to present to town Meeting its proposal for
,om dealing with the Budget deficit.
Peter Enrich, Chairman of the TMMA Executive Committee
invited all interested parties to attend its meeting scheduled
for Monday, April 27 at 7 :45 p.m. in the High School Science
Hall , to discuss the upcoming Town Meeting.
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Minutes for the Meeting of April 21 , 1992 3
Mrs. Battin invited all interested organizations to send a
representative to the Moderator' s meeting this Thursday evening
at 7 : 30 p.m. in Room 111 , Town Office Building.
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 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 9: 25 p.m.
A true record, Attest
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Sara I . Peters
Executive Clerk
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SELECTMEN'S MEETING
April 27 , 1992
A regular meeting of the Board of Selectmen was held on
Monday, April 27 , 1992 , in the Student Library in the High School
Science Building at 7 :00 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; and
Ms . Radway, Assistant Town Manager were present.
PROPOSITION 2 1/2 OVERRIDE
Upon motion duly made and seconded, it was voted to set the
date of the Proposition 2 1/2 Override for June 15 , 1992 , if the
Town Meeting has ended by May 7, 1992 .
ARTICLE 17 . BROOK CLEANING
The Board met with Conservation Commission Chairman Joyce
Miller, Appropriation Committee Chairman Jane Pagett and Capital
Expenditures Chairman Paul Hamburger to discuss Article 17 which
proposes the appropriation of funds to clean and maintain streams
and brooks in Town; and to determine whether the money should be
provided by the tax levy, or by transfer from available funds, or
by a combination of these methods.
Mrs. Miller divided the program into 4 segments:
1 ) a study to develop a program that would comply with the
provisions of the Wetlands Protection Act,
2 ) implementation of brook cleaning, $15 ,000 to study 10 areas
and determine what kind of cleaning needs to be done,
3 ) determine what work can be done by volunteers, and
4 ) determine what work should be done by professionals.
Mrs. Miller commented that the Commission will come back to
Town Meeting in future years for funding of segment 4 ) .
Mr. White noted the Conservation Fund contains more than
$70, 000 and sugested the Commission consider using this fund for
the Brook Cleaning program.
Mrs. Paggett reported that the Appropriation Committee will
recommend that $35,000 be appropriated for brook cleaning, and
that the funds come from Conservation Fund, if this is legal.
Otherwise it should be funded from the tax levy.
Upon motion duly made and seconded it was voted to recommend
that funding of $35 ,000 ( $15 ,000 for the study and $20,000 for
improvements ) for this article come from the Conservation Fund.
Mrs. Miller commented that she was not sure the Commission
would approve taking that amount from the Conservation Fund, and
noted that Town Meeting does not appropriate dollars for the
Conservation Fund, the Commission does.
TAXI RENEWALS
ARLEX TAXI CORPORATION
The Board discussed correspondence relating to a complaint,
which appears to have been resolved between the parties, from
Richard Landau, 640 Marrett Road, on an incident that occurred
when he was picked up at Logan Airport by Arlex Taxi .
Minutes for the Meeting of April 27 , 1992 2
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The Board also reviewed the police inspection report on six
vehicles proposed by Arlex Taxi to provide taxi service in
Lexington, all of which passed with no defects.
Upon motion duly made and seconded, it was voted to approve
the application for renewal of Taxicab Licenses to expire on
May 1 , 1992 as follows:
Taxi #4419, Taxi #4480 , Taxi #4416, Taxi #4415 , Taxi #4147
and Taxi #11781 .
A-1 TAXI INC.
The Board reviewed the police inspection report on four
vehicles proposed by A-1 Taxi to provide taxi service in Lexing-
ton, all of which passed with no defects.
On motion duly made and seconded, it was voted to approve
the application for renewal of Taxicab Licenses to expire on
May 1 , 1992 as follows:
Taxi #1734 , Taxi #1764, Taxi #2329, and Taxi #693 .
BOND ANTICIPATION NOTES FOR SCHOOL AND SEWER PURPOSE
The Board reviewed a memo from Revenue Officer Maureen G.
Valente, dated April 24, 1992 reporting that the Town is renewing
$900,000. 00 in bond anticipation borrowing that need to be signed
by a majority of the Board.
On motion duly made and seconded, it was voted to sign the
twenty (20) notes in denominations from $100 ,000 to $25,000.
USE OF BATTLE GREEN ON FLAG DAY BY THE B.P.O. ELKS
Upon motion duly made and seconded, it was voted to grant
the Lexington Lodge of Elks #2204 permission to use the Battle
Green on June 15 , 1992 at 7 : 00 p.m. for its annual Flag Day
Ceremony.
ARTICLE 5
Mr. White noted that draft motions have been distributed to
the Board tonight for Article 4 , Operating Budget, as well as for
Articles 5 , 9 , 10, 14, 17 , 18 and 32 . Also attached was the motion
for the Conservation Article 24.
He added that he had included in the draft copy of Article 5
a proposal to provide $226 ,000 for salary adjustments for non-
union and unionized employees, representing a 2. 5% increase in
payroll in order to provide and maintain some equity between the
Town and School salary increases.
Mr. McSweeney commented that although the employees deserve
the raise, it would increase a monumental problem the Town
already faces.
The board unanimously supported granting the proposed salary
adjustment representing a 2 . 5% increase in payroll for union and
non-union employees.
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RECONFIGURATION OF TOWN FIRE ALARM SYSTEM
Fire Chief John Bergeron reported that the Town had received
funds from Hurricane Bob that can be used to update the Town Fire
Alarm System. The government will fund up to 65% of the cost of
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Minutes for the Meeting of April 27 , 1992 3
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the work, removing 160 boxes from residential areas, while
maintaining 54 boxes at key intersections. He said that this was
a one-time opportunity to update the system, and asked that the
Board approve the proposal.
Mrs. Smith suggested and the Board agreed that, if there was
sufficient time, a public meeting should be scheduled so that
interested citizens could be informed of the proposal .
Upon motion duly made and seconded, it was voted to adjourn at
7:45 p.m.
A true record, Attest
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Sara I . Peters
Executive Clerk
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