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HomeMy WebLinkAbout1993-08-BOS-minI SELECTMEN'S MEETING August 10, 1993 A regular meeting of the Board of Selectmen was held on Monday, August 10, 1993, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn; Mr. Cohen, Town counsel; Mr white, Town Manager; Mrs. Novak, Assistant Town Manager; and Mrs. Peters, Executive Clerk, were present. 7:30 P.M. PUBLIC HEARING: NEW ENGLAND TELEPHONE BOSTON EDISON SHADE STREET Mr. Dailey opened a public hearing on the petition of New England Telephone and Boston Edison to lay and maintain underground conduits and manholes in Shade street, starting at a pole located on the westerly side of the road approximately 325' northwest of Cary Avenue, and placing approximately 53' of conduit in a easterly direction to 109 Shade Street. Mr. Boudreau, representing New England Telephone, and Mr. Malls, representing Boston Edison, said that the work was being done at the request of Developer William Hamilton to provide underground electric and telephone service at 109 Shade Street. Mr. Dailey noted the favorable recommendation for approval of the petition in a memorandum from Richard Spiers, Director of Public Works, dated June 22, 1993. He also received assurances from the New England Telephone and Boston Edison representatives that they would be responsible for opening and closing the street to Town standards, and that all conduit would be installed in one trench. There being no further comments or questions, Mr. Dailey declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plan and order for a Grant of Location to install under- ground conduits and manholes in shade Street, starting; at a pole located on the westerly side of the road approximately 325' north- west of Cary Avenue, and placing approximately 53' of conduit in a easterly direction to 109 Shade Street. MINUTES Upon motion duly made and seconded, it was voted to approve the minutes for the meetings of June 28, and July 20, 1993. EXECUTIVE SESSION MINUTES Upon motion duly made and seconded, it was voted to approve the minutes for the executive session held on July 20, 1993. CONSENT AGENDA COMMITTMENTS Upon motion duly made and seconded, it was voted to approve committments of the following charges. Commitment of water charges -- August 1993 (final bills) Commitment of Sewer Charges - August 1993 (final bills) $695.12 $1,181.30 y Minutes for the Meeting of August 10, 1993 ABATEMENTS Upon motion abatement of the Abatements: Abatements. duly made and seconded, following charges. Water, Sewer & Demand 7/28/93 Water, Sewer & Demand 8/3/93 it was voted to approve $3,994.00 $13,324.44 APPROVE ADDITIONAL BATTLE GREEN GUIDES Upon motion duly made, it was voted to approve the appointment of the following to serve as Battle Green Guides: Paulo Ribeiro, 3 Sheridan St.; David Ly, Sherman St.; and Larry Liff, 19 Douglas Rd. PROCLAMATION FOR CONSTITUTION WEEK Mr. Dailey read a proclamation asking that the week of Septem- ber 17th through the 23rd be declared Constitution Week. Upon motion duly made and seconded, it was voted to sign the proclamation and to declare the week of September 17th through the 23rd, 1993 as Constitution week. APPROVE COMMON VICTUALLER'S LICENSE The Board reviewed an application from Steve's Ice Cream for a change of operating hours from: 19 :00 a.m. - 11:00 p.m., to: 0 :00 a.m. - 11:09 p.m. The Board noted the Board of Appeals' approval of the Change of Hour request. Upon motion duly made and seconded, it was voted to approve the application and endorse the license, expiring December 31, 1993, for a change of operating hours from: 10 : 00 a.m. -- 11:00 p.m. too. 6:00 a.m. - 11 :00 p.m., as requested by Steve's Ice Cream. ENDORSE WARRANT FOR SPECIAL TOWN ELECTION Upon motion duly made and seconded, it was voted to endorse the Warrant for a Special Town Election to be held on Monday, September 13, 1993, to choose by ballot one member of the Board of Selectmen to fill an unexpired term of office ending March C, 1993. REPORT ON RELEASE OF PUBLIC INFORMATION The Board reviewed a series of letters between Town Clerk Fallick; Virgil J. Aiello, an unsuccessful candidate for Governor's Council in the November 1992 elections; D. Skauen Hinchliffe, a resident of Concord; and Deputy Secretary of State James W. Igoe; concerning a request to Mrs. Fallick for the release of public information. Town Counsel Cohen noted that there was a very clear "paper trail" which he discussed with the Board; and that, in his opinion, Mrs. Fallick had complied fully with both the letter and spirit of the public records law. On behalf of the Board, Mr. Dailey agreed with Mr. Cohen's assessment of the matter, noting that Mrs. Fallick had certainly tried to be helpful, and had acted as correctly and promptly as possible. Minutes for the Meeting of August 16, 1993 3 CATV RATE REGULATION CERTIFICATION Mr. Dailey invited GATV Committee Chairman Julian Bussgang to explain the purpose of the two documents that the Board was being asked to sign. Mr. Bussgang explained that the first, a letter to Commissioner John M. Urban, Massachusetts Community Antenna Television Commission (MCATVC), requested certification of Lexington to regulate its own basic rates; and that the MCATVC alter the provisions proposed in upcoming rules so that the GATV "Basic and Equiprnent' rate regula- tion may be placed in the hands of local Town /City authorities in the future, when they choose that statutory option and become certi- fied. Mr. Bussgang reported that there is a Hearing scheduled for tomorrow in Boston on this proposed rule making, and he asked that the Board also endorse the second document entitled: "AUTHORIZATION OF A REPRESENTATIVE so that GATV Committee Member Caleb Warner can appear before the Hearing, on behalf of the Town. Upon motion duly made and seconded, it was voted to sign the letter to Commissioner John M. Urban, Massachusets Community Antenna Television Commission (MCATVC), and to sign the document authorizing Caleb warner appear on behalf of the Town at the Hearing. FAIR HOUSING COMMITTEE Mr. Dailey invited Fair Housing Chairman Gerri weathers and MW= members of the Committee present to join the Board for a discussion of the Committee's proposed expansion of its Charge. Ms. weathers introduced Committee members Leona Martin, Flor- ence Baturin, Robert Pressman and Stephen Baran, Fair Housing Director. She said the Committee wished to expand its charge to include human relations to better deal with hate crimes. The Board discussed the latest draft of the revised charge, dated August 11, 1993, which proposed new Committee responsibilities in human relations including: promoting tolerance for and under- standing of diversity; encouraging human rights education in the schools; sponsoring human relations education for the Town; sup- porting a prompt and appropriate response on the part of the Town to hate crimes; being a resource to residents and visitors who experi- ence difficulty; and keeping abreast of initiatives and activities of human relations groups in Lexington and surrounding towns. Ms. weather also reported that the Committee would like to expand its membership from the present 9 members to 11 members, and have the term of office increased from one to two years* In response to questions from the Board, Ms. Weathers said that they would also like to expand the membership to .include associate members; and that they have approached the High School and METCO in a search for younger members. Mr. Dailey suggested that the Police Department Manual Commit- tee Charge be examined to see how it addresses the problem of hate crimes. The Board agreed, that Acting Police Chief Casey be asked Minutes for the Meeting of August 16, 1993 4 to go through the Police Department Manual Committee Charge to ensure that the Charges of both Committees compliment each other. Members of the Board also agreed to review the Fair Housing and Human Relations Charge, draft dated 8/11/93, discussed this evening, and to invite the Committee to its next meeting on August 30, 1993 for further action, HANSCOM AIR FORCE BASE Mr. Fenn spoke of HATS concerns with the long range implica- tions in the Massport change of leadership and how it would affect operations at Hanscom Air Force Base. Mr. Fenn discussed with the Board a fax received this afternoon from HATS Chairman and Lincoln Selectman Robert DeNormandie, con- taining "Comments on the Strategic Assessment Report (SAR), done by consultants hired by the four Towns to review the report. Mr. Fenn said that as the HATS Towns looked ahead, it was agreed that there will be many more demands on the four Towns to appropriate funds for legal, engineering and other professional assistance issues. He proposed the Town encumber a sum of money, annually to deal with such future needs, and recommended that $20,000, which is half of the fuel tax revenue generated this year from Hanscom Air Field activity, be set aside each year through a special article, to be approved at the Annual Town Meeting in the form of the affirmation of a policy statement that could be reviewed annually. Upon motion duly made and seconded, it was voted that the Town commit annually one-half of the Town's jet fuel tax revenue gener- ated from Hanscom Air Field activity, for a fund that will be avail- able if the Board of Selectmen and /or Town Meeting determine that funds should be committed to ensure that the Town is not put at a disadvantage with regard to operations at Hanscom Air Force Base. CRAFT GLEANERS Mr. white reported that the owners of Craft Cleaners have been notified personally by Acting Police Chief Casey that they were invited to attend this meeting and where their concerns would be heard about the recommendation to replace an existing service zone opposite Craft Cleaners with a metered parking space. Acting Police Chief Casey reported that they passed along their appreciation to being notified. Mr. McSweeney reported that he had talked with Owner Peter Bongiorno several times last weekend, and received the impression that the service zone was used by all of the stores in the building. He questioned whether traffic might not be worse without a loading zone for the whole building. Mr. Busa suggested that some use of the driveway between the Craft Cleaners building and the Salter building as a loading zone, be considered as a possible alternative location. Upon motion duly made and seconded, it was voted not to accept the recommendation of the Lexington Center Committee to replace an existing service zone opposite Craft Cleaners with a metered parking space; to encourage all building tenants to use the service zone; and to refer back to the Traffic Safety Advisory Committee, a proposal that the one -way driveway between the Craft Cleaner Build Minutes for the Meeting of August 15, 1993 5 ing and the Salter Building could be used as an alternate location for the existing loading zone. STRATEGIC ASSESSMENT REPORT Robert Domnitz, the Town's Strategic Assessment Report repre- sentative, presented what he characterized as his final report, since he has accepted a position with the State. He reported that he has attended seven or eight meetings, and that the area has been well represented. Mr. Domnitz discussed a number of "surprises' in the study: and reported a change in the direction of the study. He noted that the ADL Report said that there was not a fundamental ' conflict between Logan and Hanscom air traffic control patterns that could not be accommodated, which had not previously been thought. Mr. Domnitz added that Hanscom field has been targeted in the report, which discussed what may happen if changes are made in Logan traffic control patterns. He agreed with Mr. Fenn and Mr. White that the Town must be prepared and can not continue to depend on volunteer efforts. He supported the earlier vote by the Board to begin to build up a cash reserve to deal with proposals which are not in the Town's best interest. Mr. Domnitz spoke of "tools" that the Town can employ to provide leverage in dealing with an expanding Hanscom including. federal action through the National Park, abutting the area; using the Master Plan and existing noise rules that are already in place with Massport; and doing more work with small groups such as air - craft pilots, which were characterized as a very powerful lobby group. In response to a comment from Mr. Busa, Mr. Domnitz agreed that a positive campaign was preferred to a negative one, Mr. Fenn thought that the Town should be very careful about using the "quali- ty of life" argument, saying that it has been over -used in the past; and instead, point out Lexington's unique heritage and the need to protect the National Park and the nation's rich history in the area. Mrs. Eddison suggested enlisting the support of Senators Kennedy and Kerry in dealing with this problem. On behalf of the Board, Mr. Dailey thanked Mr. Domnitz for providing the Board with an update, and for all the work he has put in over the years on various assignments. STEERING WHEEL UPDATE Mr. Dailey invited Paul Hamburger to report to the Board on the activities of the former AD HOC Steering wheel, formed in late May, 1993; renamed the Strategic Planning Advisory and Implementation Group (SPAIG); and asked to proceed by the Beard in July, 1993: to advise on the '95 Budget process, and to advise and implement the strategic planning initiative which was implied though not stated in the Article 4 Resolution at the 1993 Annual Town Meeting, Mr. Hamburger referred to a his report dated 8/16/93 and said "' that there have been about 12 recent morning meetings; membership is up to 15 or 17 people; and that the Group will ask for go -ahead to implement October hearings at the Board's next meeting. He briefly reviewed the major positions of SPAIG, and spoke of the proposed scope of this year's strategic planning work, adding Minutes for the Meeting of August 16, 1993 6 O WN ' that he hoped that a member of the Board could attend each hearing. The Board discussed the calendar of proposed October hearings. Mr. Dailey reported that the Group will be meeting tomorrow and Thursday mornings to finalize the dates of these hearings, if this is satisfactory to the Board. APPROVE SALE OF TOWN PROPERTY Mr. white reported that the Town had received a $2,500.00 bid from Harley H. Anderson for the property abutting 75 Reed Street, Lot 505, Assessors' Map 72, following advertising in the Lexington Minutemen, as required by Massachusetts State Law Ch 30B. Mr. white said that the bid was consistent with the appraisal received by the Town, and that he recommended that the Board vote to dispose of the property to the highest and only bidder, Harley H. Anderson. Upon motion duly made and seconded, it was voted to sign the deed and transfer the property, Lot 505, Assessors' Map 72 on Reed Street, to the highest and only bidder, Harley H. Anderson, Adminis- trator for the Estate, for the bid price of $2,500.00 plus all inci- dental costs relating to the transfer. FY92 AUDIT The Board reviewed the FY92 Audit and Management Letter from Deloitte & Touche, and invited Comptroller John Ryan to provide an overview of the details of the Audit and Management Letter; and to discuss the few issues of concern identified in the Management Letter, as well as his letter to the Selectmen, dated August 11, 1993, which outlined his plan to address these concerns. The discussion included the Management Letter's recommendation that Fixed Asset Accounting be adopted by the Town. Mra white noted an appropriation of $70,000 to $110,000 would be required for such an inventory, and personnel resources needed to maintain the inven- tort', once developed, which the Town Manager thought might just be too expensive for the Town to do at this time. Board members agreed some of them would like to sit in on the final meeting with the auditors, and were Cordially invited to do so by the Town Manager and Mr. Ryan, who will let them know the date. EXECUTIV SESSION LEXHAB Upon motion duly made and seconded, it was voted 4--0 by roll call vote: Mr. Dailey, Mr. McSweeney, Mr. Busa, Mr. Fenn; 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 10:50 p.m. A true record, Attest: Sara I. Peters Executive Clerk