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HomeMy WebLinkAbout1984-08-BOS-min 5 } 7 L rI `1 f Y 1 i 0\ 1 SELECTMEN'S MEETING Pmft August 6, 1984 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Monday, August 6, 1984, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Cohen, Town Counsel; Mr. Hutchinson, Town Manager; Mrs. Chancholo, Principal Clerk, were present. Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, Executive to go into Executive Session for the purpose of discussing land negotiation Ses-sion with the intention to resume open session in approximately ten minutes. Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's meetings for June 11, June 25, July 2, and July 16. Upon motion duly made and seconded, it was voted to approve the re- Appoint appointment of Mrs. Marion Snow as Executive Clerk for a term to expire Exec. Clerk on May 31, 1985. Upon motion duly made and seconded, it was voted to renew Guide Licenses Guide re- for the following: newals Battle William J. Abernathy 10 Wingate Road Green Daniel L. Alpert 3 Fairfield Dr. Jeff Goldman 3 Burnham Road Richard John 19 Saddle Club Road Arnold Lee 22 Heritage Drive Amy Slade 52 Webb Street Arthur Slade 52 Webb Street Philip P ed l ikin 5 Coach Road Jon Vitiello 4 Redcoat Lane Upon motion duly made and seconded, it was voted to support MAPC request MAPC for support for Senate Bill No. 1199 entitled, "Funding for Regional Planning Request Agencies." Letter to be sent to Senator Atkins from Chairman Battin with regard to this bill. Selectmen Eddison and Selectman Marshall reported on the possible ac- quisition of the Pine Meadows Golf Course land. After having met with the Golf Course Conservation Commission and family of the owners of the golf course, it was Acquisition proposed to set up a working group with the members to be charged by the Selectmen at a future meeting. Upon motion duly made and seconded, it was voted unanimously to accept the proposal for establishing a working group to investigate the acquisition. Chairman Battin began discussing the process for dealing with the Minute- man Bikeway. Mr. Eddison stated that he had attendeda meetingheld bythe Minute- man Bike- META with regard to future use of the Right of Way. In view of the fact that Poimi way IA -2- the MBTA plans to do a study with regard to the Right of Way, Mr. Eddison suggested that the Board of Selectmen let the MBTA know they are interested in the outcome of the study to be put together. Mr. Eddison felt it made sense to wait until the study is received and once it is reviewed, if it mow is appropriate, to hold a hearing to obtain the views of the Townpeople. Mrs. Battin agreed that it made sense to wait for the report before any further discussion of a formal nature took place. Upon motion duly made and seconded, it was voted to wait for more information from the MBTA with regard to dealing with the Minuteman Bike- way. The Chairman brought up the appointment of a second Selectman to the Bikeway Minuteman Bikeway Committee. Mr. Eddison felt the Board should wait until Committee the status of the Bikeway Committee can be determined. In the interim, it was decided to send pertinent information to Mr. Eddison as well as Mr. Sacco. Upon motion duly made and seconded, it was voted to appoint the follow- Arts ing to the Arts Council for a term to expire 9/30/84: Council Appoint- Richard B. Wolk 5 Jeffrey Terrace ments Judith S. Grossman 4 Jeffrey Terrace Upon motion duly made and seconded, it was voted to refer Petition of Traffic Green Lane residents -- speeding cars, and the request of Grace Chapel - No Safety Parking (Mass. Ave. /Worthen Road) to the Traffic Safety Committee. Committee Upon motion duly made and seconded, it was voted to approve a one- One-Day day liquor license to W. R. Grace & Co. (RAEDACC) for August 9, 1984 for an Liquor annual cook-out for their employees. mow Upon motion duly made and seconded, it was voted to sign contract Contract #84-6-E in the amount of $9,800 to Country Shore Painting Corp. , 7 Bradley #84-6-E Avenue, Peabody for exterior painting of Monroe School and the Lexington Fire Station. Upon motion duly made and seconded, it was voted to award and sign the Contract contract for water main construction at Farmcrest & Westminster Avenue to #85-3-E Great Northern Constructors, Medford, Mass. in the amount of $68,905.00, subject to Town Counsel approval. A oint Upon motion duly made and seconded, it was voted to designate Susan pp P. Adler acting Town Manager for the period from August 11 through August 19, Acting in the absence of the Town Manager. Jack Eddison commented on the fine job Town Mgr. Susan had done as Acting Town Manager during the Managers last absence. Mr. Hutchinson briefly reported on the work of the Data Processing Data Committee. He stated that the committee was very helpful and will be staying Process- on as the Town installs the Datanational System. ing Comm. Also as information items, Mr. Hutchinson discussed the fact that he had been approached by Adams Russell with regard to televising a show that Adams- relates to Lexington issues. Mr. McLaughlin agreed that enough use had Russell not been made of the civic channel and said that perhaps the channel could be used for no school announcements. Mr. Marshall commented favorably inr"` on the use of cable to televise the Town Meeting. Selectmen' s Meeting -3- August 6, 1984 oink Mr. Hutchinson then reported on his recent attendance at Harvard Univ- ersity, Kennedy School of Government where he was enrolled in the Kennedy Town Mgr./ School of Government Program for Senior Executives in State and Local Govern- Harvard U. ment. He thanked the Board for the opportunity and felt that the program content and instruction were excellent. Robb Biltekoff and Lisa Dif f ley were introduced to the Board by the Management Manager. They are currently Management Interns working in the Town Managers Interns office. He gave the Board a brief overview of what Robb and Lisa have been doing and feels that the Intern Program provides invaluable assistance. On behalf of the Board, Mrs. Battin thanked them. Mr. Hutchinson reported on the letter from the Commonwealth with regard to additional State Aid. It appears that an additional $89,000 may be re- State Aid ceived, but the Town will know better where they stand when additional infor- mation nfor- mation is received along with the revised Cherry Sheet. Mrs. Hazel McKeown, 64 Reed Street was present to discuss the removal of Beech trees on her property, which she claims are diseased and are a safety McKeown/ hazard. Mr. Hutchinson stated that one tree had been removed that was judged Beech to be a hazard and several others had been trimmed. He continued by saying that Trees the trees had been looked at by the Tree Warden and it was determined that the trees are in fact not diseased. Mr. Hutchinson recommends that the trees not be taken down. Mrs. Battin then asked if the trees were in fact on Town pro- mos. per ty or private property. Mk. Hutchinson said that the Engineering Dept. had determined that the trees are on private property. Mrs. McKeown then spoke and said that originally when her folks built the house, the Town said the trees could not be touched because they were on Town property. Mr. Hutchinson said it has been determined that the trees are in fact on private property and are not diseased. Mr. McLaughlin said that he is sympathetic to the problem, but if they approve the request, the Town would end up cutting trees on private pro- perty. Mr. Marshall felt that the decision was clear. If the trees are not diseased, and are on private property, the Town cannot do it. Mr. Sacco felt that since he was not present at previous discussion of the matter, he could not vote to deny the request. Upon motion duly made and seconded, it was voted 4 - 1 to deny Mrs. McKeown's request. Mr. Eddison asked where the Town stood on the Pedestrian Crossing Signs. Ped. Cross- Mr. Hutchinson said that the matter is still being investigated. Hower er, ing Signs. Arlington and Concord still have their signs up and feel they are beneficial. There is a question of liability when you have them, and a question of liability when you do not, the Manager said. Mr. Eddison also wanted to know what the status was on Simonds Road parking issue for users of the commuter bus. Mr. Hutchinson reported that on the Act- Simonds Road ing Town Managers decision, the issue will wait until September. Parking The Chairman told the board that she had been informed that the Town had Alice R. been left a sum of $5,000 in the will of Alice R. Ferguson in memory of her Ferguson husband, Charles E. Ferguson. The Comptroller has received the $5,000 plus in- terest g of $24.11 and Mrs. Battin requested that the Board be thinking of ways to use the gift appropriately. CI Nolan and Mr. Cohen informed the Board that he had spoken to the Conservation Commiss- Norton ion and Town Engineer with reference to the Nolan and Norton license to cross License their parking lot in order to get to town-owned conservation land and also their conservation easement to the Town. The Board agreed that they would sign the license and easement as soon as it was approved by the appropriate .. Town boards and the Town Counsel. Commit- Mrs. Battin discussed which committees are no longer needed and could ties now be dissolved. Upon motion duly made and seconded, it was voted to dis- dissolved solve the following committees: Accessory Apartments Committee Adams School Conversion Committee Muzzey School Conversion Committee Garrity House Committee (after final papers have been signed) Selectmen/Town Manager Act Committee Advisory Committee for Alternative Tax Revenues Joint Arlington Lexington Great Meadows Committee Commit- Mr. Eddison spoke about the appointment criteria for committees. He ties told the Board that he had revised the "Talent Bank Questionnaire" and had sent it, along with a letter asking for suggestions, to committee chairmen, but as yet had not received responses from all committees. Mr. Marshall spoke of the ad that was used as a means of recruitment for committees, which he felt was a good way to make citizens aware of committee openings. Mrs. Battin asked if there was any other means in addition to ads in the newspaper to initiate community interest. Mr. Hutchinson will look into additional options. Mr. McLaughlin felt that the talent bank questionnaire should be used ,r,, as a resource when seeking new committee members as openings become available. Mr. Hutchinson feels that it is also good to advertise, because new people come forward. Mrs. Battin went on to say she feels it is important that the Chairman of each committee get involved with their committee member's select- ion. With regard to screening, Mr. Marshall feels that once you get people interested, then you can begin the screening process. Mr. Sacco agreed that that approach is valid. Mrs. Battin then asked for suggestions about the screening process. Mr. Marshall feels that candidates should be screened through the committee liaison. Mr. McLaughlin believes the liaison would not be a complete screening. Mrs. Battin thought the liaison could decide how to handle each case. Mr. McLaughlin feels that it makes sense to do that. With respect to criteria, Mrs. Battin suggests that particular qualifi- cations ualifi- cations may be needed for some committees. For example, should Board of Appeals applicants need zoning experience, etc.? She wonders if the criteria should be used strictly as a guide. It was decided to rewrite the Board of Appeals criteria. Mrs. Battin feels that a representative on the Board of Appeals should have prior knowledge of town government, zoning, and perhaps legal knowledge. Mrs. Battin summed up the committee discussion with the following points: 1. For the meeting on the 20th of August, Mr. Hutchinson and Mr. Eddison will bring with them an updated directory for review by the Board. Selectmen's Meeting -5- August 6, 1984 2. The board will have a marked up copy of the ad to go into the newspaper. 3. The members of the Board, after having received the draft talent bank questionnaire, will bring their copies marked-up along with any suggestions for rewrite. 4. Each member of the Board of Selectmen will decide how the screening of potential members of the committee to which they are liaison, will be handled. Mr. Marshall and Mr. Eddison were asked to look at the options relating to the acquisition of Pine Meadows Golf Course. In addition, they were Pine assigned responsibility for responding to the Town meeting vote relating Meadows to the appointment of a committee to study ways of financing further con- Acquisition servation purchases. They will come to the next meeting with a suggested charge for a committee. The question of the need to hire outside counsel to interpret Chapter 196 of the Acts of 1984 relating to Minuteman Regional Vocational School Chapter District was raised. Mr. Cohen reiterated that he was counsel for Minute- 196 Acts of man as well as the Town and if there was a conflict between the two, he 1984 would only represent one party, if both the Town and District agreed. If mink there was not such an agreement, both clients would have to seek independ- ent counsel. Mr. Eddison and Mrs. Battin believe that counsel should be retained now in order to determine if local zoning and home rule have been violated. Mr. Cohen responded to questions on the act by pointing out the current law with respect to educational uses of land by another political entity. He also answered questions relating to the home rule amendment. Mr. Sacco suggested that it was premature to seek outside counsel at this time since no proposal is currently before the District and no decision had been made to proceed with a project at this time. Mr. Marshall agreed and stressed the need to have the Town and District cooperate with one another. Mr. Marshall also suggested that the expense of outside counsel should be avoided until it is absolutely necessary. Mrs. Battin raised the question of the Boards's control over liquor licenses. Mr. McLaughlin questioned the need to obtain legal advice on this matter before a specific proposal was brought to the Board. Mrs. Battin suggested that legal counsel be retained when a proposal was brought before the Board. Upon motion duly made and seconded, it was voted to set the matter aside until a proposal is available, and then caucus. Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Executive Mrs. Battin, Mr. McLaughlin, Mr. Sacco, Mr. Marshall and Mr. Eddison at Session 10:39 p.m. to go into Executive Session for the purpose of discussing litiga- tion and land negotiations with no intent to resume open session. A true record, Attest: . (%-; Cynthia Chancholo a ` Principal Clerk , \ 03 SELECTMEN'S MEETING ornik August 20, 1984 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 20, 1984, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mx. McLaughlin, Mr. Marshall, Mr. Eddison; Ms. Adler, Acting Town Manager; Mr. Cohen, Town Counsel and Mrs. Snow, Executive Clerk, were present. Upon motion duly made and seconded, it was voted to extend hours under "Steve's" the Common Victualler license for "Steve's," to a closing time of 12:00 Mid- extension of night, as requested by Joel Greenstein, J & J Ice Cream of Lexington, Inc. , hours and approved by the Board of Appeals on August 2, 1984. Upon motion duly made and seconded, it was voted to sign the Warrant Warrant -State for the 1984 State Primary Election to be held on September 18, 1984. Primary Upon motion duly made and seconded, it was voted to reappoint Select- MCAB Rep. man John F. McLaughlin as Lexington representative to the Middlesex County Advisory Board for fiscal year 1985. Mrs. Battin noted request from Erna Greene, Chairman of the Town Report Appt. Town Committee, that appointments to that committee for the ensuing year be made Report Comm. at this time, rather than on September 30th, to allow the full committee to commence work on the 1984 Town Report. Upon motion duly made and seconded, it was voted to reappoint the follow- ing members to the Town Report Committee, for terms of office to expire on September 30, 1985: Erna Greene 25 Bridge Street Elaine Ermolovich 30 Spring Street Ruth Karpinski 24 Wyman Road Robert Morrison 73 Blake Road Louis A. 2 ehner, Emeritus 6 Fair Oaks Drive and to appoint the following to the Town Report Committee, for terms of office to expire on September 30, 1985: Elaine Sullivan 34 Baker Avenue Fred Wischhusen 39 Peacock Farm Road Upon motion duly made and seconded, it was voted to approve the request Sheraton/Lex. of Sheraton-Lexington Inn for extension of closing hours to 1:00 a.m. on Inn - extension Friday, November 30, 1984, and to allow for service of liquor until that hour. of hours Upon motion duly made and seconded, it was voted to approve the applica- 1-day Liquor tion of W. R. Grace Company Recreation Association for One-day Liquor License License on August 28, 1984, on the occasion of a farewell party for an employee. W.R.Grace -2- Li Upon motion duly made and seconded, it was voted to approve the re- quest of the Lexington Minute Men, Inc. for use of the Battle Green on Sunday, September 23, 1984, at 2:00 p.m. for the annual installation of Officers Ceremony. Upon motion duly made and seconded it was voted to sign Sewer Better- Sewer Better- ment Assessments for the following streets: meet Assess- ments Balfour Street Bellflower Street Blake Road Clelland Road Meeting The Board agreed upon the following meeting schedule for the months of Schedule September and October: September 10, and 24, October 1, 15, 22, and 29. A Breakfast Meeting for Committee Chairman was also scheduled for 7:30 a.m. on September 21. Charge - Draft Charge to the committee to be formed for the study of financing Cons. Pur- of Conservation purchases and the acquisition of the Pine Meadows Golf Course, chases/Pine prepared by Mr. Marshall, was reviewed. The draft was presented, as revised Meadows, etc. by Mr. Eddison. Adv.Comm. With regard to the proposed name of the committee, which will consider both alternative sources of funding of the Pine Meadows acquisition as well as financing of other future Conservation purchases, Mr. Sacco noted that the name proposed did not include reference to Pine Meadows and suggested that it be changed to do so. Upon motion duly made and seconded, it was voted to approve the Charge to the "Selectmen's Advisory Committee on Financing of the Purchase of Con- Now servation Land and the Acquisition of the Pine Meadows Golf Course and Adjacent Land," as follows: This Committee is being formed for two related purposes. 1. The first purpose of the Committee is to make recommendations to the Selectmen concerning the acquisition of the Pine Meadows Golf Course and the potential development of thesurrounding town owned land. The Committee shall be composed of not more than eleven citizens and shall report to the Board of Selectmen as soon as it has recommendations. The Committee should consider the area surrounding the Pine Meadows Golf Course and determine the appropriate use of all the town land in that area. This review should address recreational and conservation uses for the land, potential for market rate housing and below market rate housing including rental units to be owned by the Town, street capacity and traffic flows, and general impact on the neighborhood. 2. The second purpose of the Committee is to study alternative sources for financing this purchase and other future conservation land purchases. A report on financing alternatives shall be prepared for the 1985 Annual Town Meeting. This Committee shall be disbanded no later than September 30, 1985. -3- Selectmen's Meeting August 20, 1984 Upon motion duly made and seconded, it was voted to appoint the follow- Appointments ing to membership in the Selectmen's Advisory Committee on Financing of the Cons.Purchases, ol"''" Purchase of Conservation Land and the Acquisition of the Pine Meadows Golf Pine Meadows Course and Adjacent Land: etc. ,Adv.Comm. Mr. John C. Eddison 20 Nickerson Road Mr. Paul W. Marshall 6 Chandler Street Ms. Linda W. Conrad 176 Cedar Street Mr. Donald Wilson 36 Fern Street Ms. A. Patricia McCabe 17 Hamblen Street Mr. Leo P. McSweeney 84 Shade Street Ms. Jacquelyn R. Smith 4 Clematis Road Mr. David G. Williams 1433 Massachusetts Avenue As noted in the Charge to the Committee, the Committee will be disbanded no later than September 30, 1985. In addition to the eight members listed above, other appointments will be - made to the Committee. Candidates will be sought from among residents of the Pine Meadows general area and persons with knowledge of financing. Upon motion duly made and seconded, it was voted to award and sign Contract #85-4-E, Street Chip Sealing to Mystic Bituminous Products Co., Inc. , Everett,/Contract85-4. Mass. , in the amount of $18,250.00. The vote was subject to approvel by Town Chip Seal Counsel as to bid form. Authority for work to be done on various streets in the Town is contained in Operating Budget Acct. #5400, Highway Maintenance Line Item 375-15, FY '85. Upon motion duly made and seconded, it was voted to execute a Deed, Land GarrityHouse Lease and Preservation Agreement, documents prepared for the conveyance of Conveyance the Garrity House and carriage house to Norman Trudeau. As voted on August 6, 1984, the Garrity House Committee was considered to be dissolved following the signing of the document and transfer of the property. A letter will be written to Anne Grady, Chairman, following passing of papers, conveying the appreciation of the Board for the work of the Garrity House Committee. Cornelius Cronin, Director of Guides, was present to introduce new Battle Battle Green Green Guides who having passed all examinations were eligible to be designated Guides as Official Guides. Upon motion duly made and seconded, it was voted to approve Battle Green Guide Licenses, for terms to expire on June 1, 1985, for the following: Curtis Anderson 9 Summit Road Pieter Cohen 10 Oakland Street Katie Dapice 4 Marshall Road Mark Dickison 16 Middleby Road Steven Ford 4 Grove Street Brad Goldman 11 Brent Road Jordan Goldman 11 Brent Road Amok Lynn Harris 70 Middle Street Joel Pedlikin 5 Coach Road Andrew Saks 11 Blake Road Peter Soparkar 12 Saddle Club Road Megan Spann 68 Freemont Street Thomas Stille 5 Hawthorne Road -4- Mrs. 4-Mrs. Battin thanked Mr. Cronin and congratulated the new Guides, noting that their presence on the Green is often the first and sometimes the only impression of the Town for visitors. The Guides were complimented for the fine performance of their duties by Board members and the Town Manager. Deferred Upon motion duly made and seconded, it was voted to approve the Re- 'mow Compensa- solution for a Legislative Body to Establish a Deferred Compensation Plan, tion Plan to be administered by the ICMA Retirement Corporation. Mosquito Mr. Hutchinson reported that spraying for mosquitos as was done in Spraying 1983, will be started early on Friday, August 24, by crews from the East Middlesex Mosquito Control Project at recreation areas in the Town. The work will be done under the direction of the Board of Health, with funds appropriated at the 1984 Annual Town Meeting. Attendant The Town Manager informed the Board that the Attendant Parking Program Parking had been implemented that morning at the Meriam Street lot. He noted that Meriam St. an alternate egress at Meriam Street may prove to be necessary, in addition to the one at Depot Square. He added that he feels that this undertaking will appreciably enhance parking capacity in the Center and that any comments for improvements or changes to be instituted would be welcome. Committee The Directory of Committees now being prepared by Mr. Eddison and Ms. Directory Adler, was reviewed. Mr. Eddison noted that descriptions of Committees, their functions, and qualifications for membership were being adjusted per responses from Committee chairman regarding their particular agency. Members were again asked to review Committee descriptions to accurately reflect Charges, which will be used by the Board as a reference and inf or- mation source, and to contact Mr. Eddison or Ms. Adler with any comments. Bf A Mr. Marshall presented a redraft of Board of Appeals descriptions, which Description was reviewed and amended on several points. Work will continue on several other committee descriptions for further review at the September 10 meeting. Annual It was decided that annual appointments to Boards and Committees will Appts. be made at the meeting on September 24. In review of the Committee list, it was noted that several agencies had been formed with no length of terms for members specified. These included the Transportation Advisory Committee and the Cable TV Advisory Committee, both of which will operate on a staggered- term basis of 3, 2, and 1 years. The Traffic Safety Advisory Committee terms will be reviewed on a yearly basis. It was agreed that all ongoing appointed committees with no terms designated, should have terms assigned. Traffic Regarding the membership of the Traffic Safety Advisory Committee, it Safety Adv, was noted that the Police Department is represented by both Capt. Lima and Committee Chief Furdon, whereas the Charge call for only one Police Dept. member. The Town Manager will confer with the Chief to establish the fact that only one representative is required on the Committee: either the Police Chief or his designee. He will also contact the Planning Director to ensure his attendance at future meetings, as is required by the Charge. . / -5- Selectmen's Meeting / August 20, 1984 Mr. McLaughlin will report on his review and investigation regarding Police Policy „r appointments to the Police Manual Policy Committee, and as to whether the Manual Comm. Committee should continue to function. Upon motion duly made and seconded, it was voted to appoint Select- Sacco,Actin man Robert F. Sacco as Acting Chairman for the period from August 25, 1984, g Chairman to September 4, 1984, during the absence of the Chairman. Mr. Tonaszuck showed a series of slides illustrating procedures follow- Chip Seal ed in the "chip sealing process", showing the operation and the finished pro- process duct. He explained cost factors and moneys saved by using this method of repaving of roads, which he stated has proven to be durable. Earlier in the evening, the Board had approved a contract with Mystic Bituminous Products, Inc. , as recommended by Mr. Tonaszuck, for work on various roads in the Town. Upon motion duly made and seconded, it was voted by roll call vote, 5 - 0, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go into Exec.Session Executive Session for discussion Col ectitigNif r aining strategy, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: Vai( fiz/ 71.\j/4t6-US------Mion H. Snow Polk Executive Clerk Pim