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HomeMy WebLinkAbout1992-04-BOS-min"70 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. ?`:30 .m. PUBLIC HEARING: Joint Petition Boston Edison and New England Te_l ephone ,_ 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 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 ,lane 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 00 . 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. Bailey did not wish to have the trash fee and the over- ride question coupled, as proposed and advocated a "menu" rather than a ' 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 INFORMAT MEETING, Aff Hous n,� 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. 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 Minutes for the Meeting of April 13, 1992 3 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. CONSENT AGENDA ONE DAY LIQUOR LICENSE Upon motion duly the application of the Liquor License to hold 1992 from 8 :00 p.m. to LEXINGTON MINUTE MEN LEXINGTON BICENTENNIAL BAND made and seconded, it was voted to approve Lexington Bicentennial Band for a One Day an Annual Fund Raiser on Saturday, May 2, Midnight. 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 3:09 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 0, 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 PON% general purposes. She noted that three are already protected, so 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 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 20, 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. Cemeter 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 Towns 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 78 to 80 years over what is now being projected. The Board commended Mr. Spiers' thoroughly researched and excellent presentation. 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. s Minutes for the Meeting of April 13, 1992 5 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 4/1/93, 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: $155.00 for base charge, $32.00 for oxygen fee, and a new fee for loaded mile of $5.00 per mile instituted. HURRICANE BOB REIMBURSEMENT Mr. white reported that the Town has received another payment from the Federal Emergency Management Agency ( FEMA ) of $93,045 as another part of its reimbursement for damages under the Disaster Assistance Program bringing our total reimbursement to $13$ 9 035. Still owed is $4,581. 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 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 ECT 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.O6 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. RES ERVE FUND TR ANSFER Mr. white asked that the Board approve a reserve fund transfer request in the amount of $11 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 for veterans services. Minutes for the Meeting of April 13, 1992 �1 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 Sara I. Peters Executive Clerk c. =Z A regular meeting o Tuesday, April 21, 1992 office Building, at 7:30 Eddison, Mr. Dailey, Mr. White, Town Manager; Ms. Peters, Executive Clerk, SELECTMEN'S MEETING April 21, 1992 f the Board of Selectmen was held on in the Selectmen's Meeting Room, Town P.M. Chairman Smith, Mr. Marshall, Mr. McSweeney; Mr Cohen, Town Counsel; Mr. Radway, Assistant Town Manager; and Mrs. were pre sent . APPOINTMENTS TO THE CABLE AND COMMUNICATIONS ADVISO&Y COMMI TEE 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 $350000 Commitment of Water Charges ending 4/92 $8 7,316.83 Abatements 4/15/92 - Water $438,49 Abatements 4/16/92 -- Sewer $2,258.45 Abatements 4/16/92 - Demand $20.00 PR65EEC IVE OVERRI E I S 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 Air. 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 #3463 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 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. r Minutes for the Meeting of April 21, 1992 C J In response to a question from Mr. Marshall it was reported that the Teachers' contract had been ratified and included a 2.99 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 RECY'CLABLES The Board discussed a memo from Richard E. Spiers, Director of Public Works /Engineering, dated April 16, 1392, 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 ,Tune 2. He reviewed a list o f 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 00"s 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 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 fil 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. 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 Sara I. Peters Executive Clerk r 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 21 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, Soo 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 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 #893. BOND ANTICIPATION NOTES FOR SCHOOL AND SEWER PURP SE 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.F.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 2.59 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 f aces. The board unanimously supported granting the proposed salary adjustment representing a 2.59 increase in payroll for union and non - -union employees, RECONFIGURATION OF TOWN FIRE ALARM 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 659 of the cost of Minutes for the Meeting of April 27, 1992 3 Oak 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 wade and seconded, it was voted to adjourn at 7:45 p.m. A true record, Attest Sara I. Peters Executive Clerk