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HomeMy WebLinkAbout1983-09-BOS-min L SELECTMEN'S MEETING SEPTEMBER 12, 1983 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Roon, Town Office Building on Monday, September 12, 1983, at 7:30 p.m. Acting Chairman Politi, Mr. Sacco, Mr. McLaughlin, Mr. Hutchinson - Town Manager, Mr. Cohen - Town Counsel, and Miss Adler - Assistant to the Town Manager were present. Mr. Politi opened the hearing on application by Middlesex County Gas.Storage Hospital for storage of flammable fluids in an underground tank with Middlesex a capacity of 2,000 gallons, to be installed on the premises, in add- Hosp. ition to an existing underground gasoline storage tank with a capacity of 1,000 gallons. Mr. Mario DiNallo was present to present the plan for the installa- tion of a steel tank to contain unleaded gasoline, for use of hospital vehicles. Mr. Politi noted the recommendations of Fire Chief Bergeron, recommending approval of the license, and W. Clifford Prentiss, Con- servation Director, in which he stated that the installation would pose no threat to wetlands. Report from George Smith, Health Director, advising that precautions regarding spills be taken for the protection of the hospital patients. There being no further statements in favor or in oposition, Mr. Politi declared the hearing closed. ph* Upon motion duly made and seconded, it was voted to approve the application for the installation on one 2,000 underground tank for gasoline storage on the premises of the Middlesex County Hospital, Concord Avenue, Lexington. Permission was granted with the understanding that all applicable regulations contained in Massachusetts Regulations 527, Sections 9 and 14 must be complied with, and the site inspected by the Fire Department prior to covering of the tanks. Mrs. Tina Forbes, Lexington Council for the Arts, was present to Council,Arts request appointment to the Council of Mary Anne Armstrong, for a term to expire on May 31, 1986. This appointment would expand the membership of the Council to six. Upon motion duly made and seconded, it was voted to table action on the appointment of Ms. Armstrong to the Arts Council pending receipt of additional information on her background and qualifications. Upon motion duly made and seconded, it was voted to appoint the Guides Appt. following as Lexington Battle Green Guides for a term to expire on June 1, 1984: Jonathan Vitiello 4 Redcoat Lane Stuart Lustig 40 Marrett Road The Town Manager reported that there had been an accident at the Pool Accident Town Pool over the weekend when a young child nearly drowned. He said pow he would provide the Board with a full written report. ,A 3i° Street As requested by the Town Manager, it was agreed to designate the Acc.Policy meeting on October 24 as the date for discussion of criterion relating to street acceptance. mow Upon motion duly made and seconded, it was voted to adopt the timetable for street acceptance procedures, as recommended by Francis X. Fields, Town Engineer. Cons.Young Upon motion duly made and seconded, it was voted to approve a bond bond in the amount of $5,000.00, for William J. Young, Constable of Lexington. Contract Upon motion duly made and seconded, it was voted to sign contract #84-3-E #84-3-E for retaining wall, Meriam Street Parking Lot, in the amount Retaining of $25,500, awarded to Varrasso Construction Corporation, approved as Wall to form by Town Counsel. Gazebos Upon motion duly made and seconded, it was voted to request an Tr./Publ.Trs. amount not to exceed $5,000 from the Trustees of Public Trusts from the Perpetual Care Fund of Monroe Cemetery to rehabilitate the Gazebos at Monroe Cemetery, as requested by the Director of Public Works. DiGianni,CoA Upon motion duly made and seconded, it was voted to accept the resignation resignation of Carol DiGianni, as a member of the Council on Aging. Muzzey School The Town Manager reviewed a plan showing subdivision of the Muzzey School property, to retain in Town ownership the adjacent recreation field, which has been reviewed by all Town Department heads, and is consistent with the original proposal. mow Upon motion duly made and seconded, it was voted to authorize the Town Manager to file a subdivision plan for the Muzzey School property, separating the recreation area from land to be conveyed to the developer of the Muzzey School Condominium project. Tax rate Upon motion duly made and seconded, it was voted to publish the legal hearing notice of the Assessor' s hearing to set the tax rate for September 26, 1983 with October 3, 1983 as an alternate, if certification of values by the Department of Revenue is not received in time. Permit, night Upon motion duly made and seconded, it was voted to approve the request football of Ralph V. Lord, Jr. Coordinator of Physical Education, Lexington Public Schools, for permission to hold a night football game on Friday, October 7, 1983, starting at 7:00 p.m. , subject to review by Town Administration and Police. Franklin Sch. Regarding formation of the Franklin School Conversion Committee, names Conv.Comm. of residents interested in service will be solicited. The Committee, to be chaired by Mr. McLaughlin, will be appointed in October and a draft charge to be prepared by the Town Manager and Mr. McLaughlin, will require report on the matter to the 1985 Annual Town Meeting. mow Selectmen's Meeting 3 September 12, 1984 ) Upon motion duly made and seconded, it was voted to commit and Sewer Abate- abate a sewer charge in lieu of betterment calling for extension of ment, 7 Stet the existing main, to be paid for by the homeowner in lieu of better- son St. ment for sewer connection at #7 Stetson Street, as recommended by Walter J. Tonaszuck, Director of Public Works and Engineering. The Board reviewed the report of the Traffic Safety Advisory Traffic item Committee on the request of Mr. & Mrs. Peter Chamberlain, 29 N. Chamberlain Hancock Street, for an investigation, of traffic in their area. N. Hancock The report stated that the Police Department had performed a radar speed study in which the 85th percentile speed was found to be 33 mph, with 131 vehicles checked. The Committee recommended that the Mass DPW and the Registry of Motor Vehicles be requested to perform a speed zone study with an eye toward posting the street at 25 mph. It was further recommend- ed that "Caution Children" signs be installed on Hancock Street. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Safety Advisory Committee for installa- tion of "Caution Children" signs at #21 and 1190 North Hancock Street, and to request the State Dept. of Public Works and the Registry of Motor Vehicles to perform a speed zone study to justify lowering the speed limit to 25 mph at that location. Upon motion duly made and seconded, it was voted to accept the rec- Traffic item ommendations regarding traffic concerns of Dennis K. Kinney, of the Kinney Traffic Safety Advisory Committee that a double yellow centerline, and Locust Ave. omm white edgelines be installed from Mass. Avenue to Follen Road and two "Caution Children" signs be installed at #9 and #44 Locust Avenue. Upon motion duly made and seconded, it was voted to accept the rec- Traffic item ommendations in response to request of Mrs. Erna Greene, of the Traffic Greene Safety Advisory Committee to amend the Traffic Rules and Orders as follows: Forest/Park Forrest Street, southeastbound at Waltham Street, "Stop" Park Drive, southeastbound at Waltham Street "Stop" Upon motion duly made and seconded, it was voted to approve a One-Day 1-day liq. Liquor License for St. Brigid's Parish for September 17, 1984. lic.St.Brig. Upon motion duly made and seconded, it was voted to ratify the poll 1-day liq. vote of August 29, 1984, approving a One-Day Liquor License for W. R. lic.W.R.Grace Grace Recreation Association on September 1, 1984. Upon motion duly made and seconded, it was voted to accept the re- T.C.C.resign. signation of Dawn E. Dziokonski as a member of the Town Celebrations Com- Dziokonski mittee. Upon motion duly made and seconded, it was voted to sign sidewalk Sidewalk !mu betterment assessments for Outlook Drive, Rockville Avenue, and Worthen Assessments & Kendall Roads, as requested by Francis X. Fields, Town Engineer. ....m....... Minutes Upon motion duly made and seconded it was voted to approve minutes 8/7 & 8/22 of the Selectmen's meetings on August 7 and August 22, 1983. Sewer charge Upon motion duly made and seconded, it was voted to sign a Notice Nasson of Sewer Charge in Lieu of Betterment upon the land and buildings located Golden Ave. at #44 Golden Avenue, Lexington, owned by Robert L. & Elizabeth M. Nasson, as requested by Walter J. Tonaszuck, Director of Public Works and Eng- ineering. Gas.Storage Request of Richard W. Bunzel, Sun Refining & Marketing Co. for per- Lic. ,Sun Oil mission to implement the July 26, 1982 License for removal and installa- tion of underground storage tanks at 301 Mass. Ave. was tabled pending a report from the Town Manager related to whether a new license fee was in order. Water Abate- Upon motion duly made and seconded, it was voted to abate Cycle 3 ment,Knopf water charges for Marsha Knopf, 9 Middle Street, in the amount of $44.00, adjusted estimate. Human Svs. Upon motion duly made and seconded, it was voted to reappoint the Appts. following as members of the Human Services Committee for terms of office to expire on May 31, 1985. Thea J. Sheveloff 24 Rockville Avenue Edward J. Foley 40 Brandon Street Executive At 9:15 p.m. , upon motion duly made and seconded, it was voted by Session roll call vote, Mr. Politti, Mr. Sacco, Mr. McLaughlin, to go into Executive Session for discussion of real estate negotiations, with no 1111 intent to resume open session. . Upon motion duly made and seconded, it was voted to adjourn at 9:22 p.m. A true record, Attest: Susan P. Adler Assistant to the Town Manager um, SELECTMEN'S MEETING September 26, 1983 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 26, 1983, at 7:30 p.m. Acting Chairman Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Mana- ger; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Principal Clerk, were present. Personnel Advisory Board Co-chairmen Frank Hazel and Elmer Guilmartin P.A.B./ met with the Board to report on procedures implemented to provide assistance School Com and recommenations to the School Committee regarding teaching and non-teach- ing salary scales within the School Department. Personnel Advisory Board meetings with the School Committee and with Supt. Pierson, for discussion of problems perceived in that area have been held and were seen to have been fruitful. At the request of the School Committee, the P.A.B. will prepare recommendations for the Committee's con- sideration. Messrs Hazel and Guilmartin requested the Board's concurrence on this interaction between the two agencies. Acting Chairman Politi relayed the appreciation of School Committee Chairman Clough for the expertise offered and, on behalf of the Board, ex- pressed support and thanked the Personnel Advisory Board for its demonstra- tion of cooperation. Upon motion duly made and seconded, it was voted to approve the request Street of Frances X. Fields, Town Engineer, for the Board to sign Street Better- Betterment "`' ment Assessments for Kendall Road, Outlook Drive and Rackville Avenue. Assessmnts Upon motion duly made and seconded, it was voted to refer the request Speed of Beth Squillacioti, 146 Grove Street, for a speed check on Grove Street Check on to the Traffic Safety Advisory Committee for its review and recommendations. Grove St. Mr. Louis Zehner, Town Treasurer, met with the Board to request approv- Ch.90 loan al ofa Ch. 90 loan, the proceeds of which are to be used for highway resur- Mr.Zehner facing, with 75% re-imbursement from the State. Upon motion duly made and seconded, it was voted to approve the 3.85% low bid of Bank of Boston/Middlesex, for a $150,000 Ch. 90 loan, dated September 30, 1983; due March 29, 1984, as recommended by Mr. Zehner, Town Treasurer. Mr. Zehner was thanked by Mr. Politi for his ongoing service to the Town. William Dailey, Jr. , attorney for McDonald's Corp. and Ernest Donaruma, McDonald's Construction Mgr., McDonald's Restaurant, met with the Board for preliminary sign pro- review of a forthcoming application to the Board of Appeals for installation posed of a sign at the entrance to the Minuteman Regional Vocational School. Mr. Dailey noted that in 1982, the time of original application to the Selectmen for permission to conduct a restaurant operation of the school, it was the expectation that there would be no need for a sign and that the Board had been so assured. McDonald's now feels, however, that there is need for r.,, some form of identification to enhance business activity which provides the training ground for students at VoTech. f - - 2 - Mr. Dailey asked for any comments or suggestions from the Selectmen on the proposal, prior to formal application to the Board of Appeals. Mr. Donaruma stated that the restaurant operation has not been as financtally successful an enterprise as originally projected. It is hoped 41.0 that a sign would attract business that, in spite of all efforts, is being lost. He also noted the negative effect the lack of sustained business activity has on the student training program. Regarding an existing McDonald's sign at the entrance to the school property, Mr. Politi requested that the Town Manager check with the Build- ing Inspector as to the legality of its installation. John Eddison asked for specific details of the proposed sign design. Mr. Dailey said it would be approximately 2/3 the size of the Minute- man School sign, possibly installed in a piggy-back fashion and of rustic design. Further design detailes would be provided to the Selectmen at the time of application to the Board of Appeals. Mr. Politi thanked Messrs. Dailey and Donaruma for apprising the Board of their plans, but pointed out that no position would be taken on the issue prior to the start of Board of Appeals hearing procedures. Appt.P.A.B. Letter from William Dailey, Jr. , Chairman of the Appropriation Com- mittee, recommending appointment of Kendall Wright as a member of the Per- sonnel Advisdry Board was noted. Upon motion duly made and seconded, it was voted to appoint Kendall Wright, 13 Woodland Road, as a member of the Personnel Advisory Board for a term of office to expire on May 31, 1986. Gas.Storage The Board reviewed a request from Sun Refining and Marketing Company Lic.Sun Oil for continuance of Gasoline Storage License approved by the Selectmen on July 26, 1982. This license, permitting removal of three 4,000 gallon *mid tanks and installation of three 6,000 gallon tanks has not been exercised by Sun Oil Co. The company now seeks permission to go forward with the project, after this delay. Fire Chief Bergeron had indicated that he saw no problem with implemen- ting the permit at this time and recommended approval of tb.e,request, under the same conditions imposed when the license was granted. Upon motion duly made and seconded, it was voted to grant the request of Sun Refining and Marketing Co. dated July 26, 1982, permitting removal and installation of gasoline storage tanks at 301 Massachusetts Avenue. It was suggested that in the future, conditions regarding time limits under Gasoline Storage Licenses be imposed at the time of license approval. Deferred The Town Manager outlined features of a Deferred Compensation Plan Comp. Plan which would provide a transferrable retirement plan with no penalties im- posed in the case of termination of employees and requested approval of a Deferred Compensation Resolution. Upon motion duly made and seconded, it was voted to approve the Deferred Compensation Resolution authorizing the Chairman of the Board of Selectmen to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation, subject to review and approval by Town Counsel. Upon motion duly made and seconded, it was voted to accept the resigna- tion of George Harris as a member of the Council on Aging. mug --- _3_ Selectmen's Meeting September 26, 1983 Upon motion duly made and seconded, it was voted to approve Extra Extra Work Work Order #1 for brick sidewalk construction under Contract #83-5-E at Order Cary Memorial Hall, in the amount of $1,078.77. Con.#83-5-E Sidewalk Con Upon motion duly made and seconded, it was voted to designate Select- man Robert Sacco to attend the October 12 meeting of the Middlesex County MCAB Meeting Advisory Board, due to other commitments of Mr. McLaughlin, Lexington's Mr. Sacco M.C.A.B. representative. Mr. Politi reported that he will speak at a meeting of the Newcomers Newcomers Club on October 20, on the subject of the operation and functions of Club Lexington Town Government. He asked that other Board members inform him of any suggestions they might have for that presentation. At 8:30 p.m., a hearing and information session was held to review Hearing and the current schedule of classification and proposed recommendations by Info Session the Board of Assessors. Board of Assessors Chairman Grush, members '84 tax rate Potter and Hayes, and Town Assessor David Stusse were present. Mr. Grush reviewed an analysis of potential 1984 tax rates and out- lined possible ranges in tax rates and percentage shares of the 1984 levy. Following a brief question and answer period, the Town Manager gave his recommendation that the Board approve an increase in R/O and C/I/P rates in equal ratio resulting in a residential factor of 90.4404, an increase of less than 1%, as presented in option #11 of the Assessors' presentation. He urged the Board to act on the tax rate at this meeting so as to look expedite State certification of the rate, thus allowing for prompt mailing of tax bills. He reported that Mr. Crain and Mrs. Battin, absent from the meeting, had expressed no objection to the Board proceeding along lines consistent with past practice. Upon motion duly made and seconded, it was voted to approve a residen- tial factor of 90.4404% for the 1984 tax rate. The Town Manager expressed his appreciation to Mr. Grush and member of the Board of Assessors for their efforts and they retired from the meet- ing. The Board concurred with the Town Manager's suggestion that a meeting Safety focusing on town safety issues be scheduled for October 3, at which rep- Issues resentatives of the Police and Public Works Departments will be present. Interested citizens will also, through newspaper publicity, be invited to attend and to participate in discussion. The Principal Clerk was excused from the meeting at 9:00 p.m. Discussion of matters relative to the conversion of the Muzzey School Muzzey Sch. followed. Kirk Noyes, his attorney, Robert Shafer and David Rogers, Conversion Palmer & Dodge, were present for review of a Land Disposition Agreement, substantially resolved except for the matters of notice, designation re- quirements for units to be owned by the Town, and the concept of a second mortgage to act as a guarantee for completion of the Senior Center. -4- Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. mow A true record, Attest: : at() M l ion H. Snow Principal Clerk mai swot