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HomeMy WebLinkAbout1986-08-BOS-min '( SELECTMEN'S MEETING ' rr\ August 12, 1986 ' \ � ' & � � u � ''\ 01"'" � u A regular meeting of the Board of ectmen was held or Tuesday, August 12, 1986, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p .m. Chairman Eddison, Mr , Marshall, Mr . Dailey, Mrs. Smith; Mr . Hutchinson, Town Manager ; Mr. Cohen, Town Counsel , Ms. Adler, Assistant to the Town Manager ; and Mrs. Snow, Executive Clerk, were present. Mr. McSweeney joined the meeting later . GIFT OF AMERICAN FLAG Mr . Eddison read a letter from Winifred Friedman, offering to donate to the Town an American flag, given to her at the time of the death of her husband, Manfred P. Friedman. He noted Mr. Friedman's valued service to the Town as a member of the Planning Board, Conservation Commission and Town Meeting member and acknowledged his other contributions as an involved citizen. The Chairman accepted the flag on behalf of the Board and the Town and announced that it will be flown in front of the Cary Memorial Building in remembrance of Fred. YOUTH COMMISSION APPOINTMENTS Mr . Hutchinson asked the Board's approval of his reappointment of Nancy 'Barter, Anthony Porter and Daniel Murphy to the Youth Commission. Mr . Eddison and Mr . Dailey noted the hard work and dedication of Nancy Barter as chairman of the commission, as well as Tony Porter and Dan Murphy , who have P." been of great help. Upon motion duly made and seconded, it was voted to approve reappointment by the Town Manager of Nancy L. Barter , Anthony Porter and Daniel Murphy to the Youth Commission for terms of three years. GIFT OF $500 ' AYDELOTT ASSOCIATES, Upon motion duly made and seconded, it was voted to authorize use by the Youth Commission of a $5O0 d:,nation by A.ydelmtt Associates , sivPn in con2unctzcn with the Dave Maynard filming at Hastings Darq . ThP money will te used ro supp«rt `/outh Commission programs . ACTING TOWN t1ANAGEp Upon motion duly made and seconded, it was /oted to approve the appointment by the Town Manager of Susan Adler as Acting Town Manage, during his absence from August 16 to September 1 , 1986. ^:AoLE S-PcET T;AFF:7 7,o,ion dul,) made and seconded, it t,o�ed t.o aJrhc`ize ,he Town Manager to proceed with p'eparatIon cf a formal request to the State DPV fo' the lo'^e'z rg cf ,�e speed I lmi t on Maple and Lowell Street to 35 m.p.h. and fcr o' e-ic/cp':are cicn/nc.7. womik + ws The request for designation of Standard School Zones will be dealt with mot at a later time. UNACCEPTED STREET PROGRAM A list of unaccepted streets, which the Manager proposed be improved to a certain level with future maintenance up to residents, was reviewed. As in the case of Winship Road, abu t f or s will share the cost of these projects at an estimated $200 to $300 per street for materials. The Manager recommended that the work be done now, before the winter months and asked the Board's approval of proceeding under the unaccepted street policy. Upon motion duly made and seconded, it was voted to authorize the upgrading, as proposed by the Town Manager of the following unaccepted streets. Pobbins Road - from Plymouth to Locust Avenue Tavern Lane Kendall Road -- near Waltham Street Valley Road Davis Road Dee Road Sheridan Street Blake Road PAYMENT, POTTEP POND Mr . Hutchinson acknowledged receipt o f a final check , in the amount of mit .4ti,5,254.7i , from Messrs . Boyd and Smith, Le.i ngtan Hous:i riq Corporation, Lrelative who ch fulfills th+ i r obligation to the Town to provision o:+ low and moderate income housing. A total of $897,864.31 was realized from ne sale of 10 units at Potter Pond, originally to have been dedicated to affordable housing. A major portion of the money is committed to L eK-AE. Mr . Hu tchi r son suggested a future meeting with Le}fHAB to determine hour : directions r egar d s en c new project . Mr. Marshall said he would clan tc 7e!f with Le .A i i1 that haaree i ra g. r {:[mrl i rr t e d f .i Smithort their t ommi t t'fieri t IP };�z 1 i +�' their obl i cst i o7{ b e ,..c!=r ;s i0 the —own . DRIVEWAY, RIVEWAY, HAPArD TRUST, RUST, 177C WINE ' SHOP The Toon Manager Bs ed for discus :sn in September regarding 'he closing of the driveway ay into the municipal parking lot between the Har'.jar Trust and the 1775 Wine Spirit Mop , at an estimated :o.ct of 1! _: t23 t ho u E an d■ Hbu {-t o,+� c .i 3 i sem. l rn v i f„ed to r a r t_c i r a t IT i� The meet«n#r„j was scheduled for September 23rd. Selectmen's Meeting August 12, 1986 -3- BOND SALE Mr. Hutchinson updated the Board on the bond sale and asked that three documents be signed: the award for the $13,640,000 loan of bonds, $11,870,000 for school improvements and $1,770,000 for conservation land acquisition to Shawmut Bank of Boston at a net interest cost of 6.2875%, a price of $100.0032; a No Arbitrage Certificate, which commits the Town to comply with current tax laws with respect to investing bond proceeds and a Signature and No Litigation Certificate which confirms that the process of authorizing the bonds is legal. Upon motion duly made and seconded, it was voted that the sale of the $18,640,000 Municipal Purpose Loan of 1986 bonds of the Town dated ----- August 15, 1986, to Shawmut Bank of Boston, N.A, at 100.0032 and trued interest is hereby confirmed. The bonds are payable on 15 of the years and in the principal amounts and bear---intere the respective rates as follows: Interest Interest Year Amount Rate Year Amount Rate 1987 $925,000 6.25% 1995 $925,000 6.30% 004 1988 925,000 6.25 1896 925,000 6.30 1989 925,000 6.25 1997 900,000 6.30 1990 925,000 6.25 1998 900,000 6.30 1991 925,000 6.25 1999 900,000 6.30 1992 925,000 6.25 2000 900,000 6.30 1993 925,000 6.30 2001 790,000 6.30 1994 925,000 6.30 It was further voted that the consent dated August 7, 1986, to the certifying bank biding for the bonds is hereby confirmed. Upon motion duly made and seconded, it was voted to approve and execute the No Arbitrage Certificate, Bonds, relative to the use of the amount borrowed. Upon motion duly made and seconded, it was voted to execute tth e No Arbitrage Certificate, Bonds, relative to the use of the bond proceeds. Upon motion duly made and seconded, it was voted to execute the Signature and No Litigation Certificate as proof of the legality of all processes in the transaction. REPORTS L F THE TRAFFIC SAFETY ADVISORY COWT E LWV REQUESTS RE: SAFETY CONCERNS, ELEMENTARY SCHOOLS The Board reviewed the recommendations of the Traffic Safety Advisory Committee on the suggestions by the League of Women Voters for improved Pomma traffic safety in elementary school areas throughout the Town. Regarding the League's concerns relative to marking of school entrances and approaches, the Committee agreed with its request for uniformity in markings throughout the Town. A -4- As reported at that meeting, work of this nature has already been started in order to have it completed by the opening of schools in September , therefore, it was agreed that an evaluation and study of that matter will __ not be necessary. Zebra crosswalk markings will be installed at all major school crossings. Road painting and signs to alert motorists to the crosswalks will also be installed. The Traffic Committee also concurred with the League's recommendation for installation of sidewalks and asked that the Engineering Department Review include sidewalk recommendations. That issue will be dealt with in the evaluation process of such matters prior to the 1987 Annual Town Meeting. Regarding the request by the League for standard school zones, the Traffic Committee made the following recommendations: 1 . There is no need for a crossing guard at Philip Road and Rockville Avenue; 2. The existing crossing guard at Adams Street and Hathaway Road sufficient however, her hours should be extended as suggested v the League; ��. rcisei ng guard should be stationed at Waltham Street and Brook s+i - {venue,__.bo th A.M. and P.M. for Clarke Junior High School . It was noted that Mr . MacInnes of the School Dept. concurred with these recommendations. Upon motion du l;u made and seconded, it was voted t:= accept the recommendations o f the Traffic Safety d v i s•o r y Committee relative t o concerns of the League of Women Voters , with the exception of its suggestion for review of all elementary school crossings, as noted above, mar AL � ti � rr ,� . r OUE==T RE: FERN STREET PARKING The report of the Traffic Safety Committee on the request of Herbert Hau, 42 Moreland Avenue, for restriction of paringCr{ both sides of Fern Street near Pleasant Street , was reviewed, It was pointed out that parking of cars on Fern Street , which is very rear rc, €, caused congestion and danger to car-- attempting to t?ra!:cl on; the street and that the situation is mcie worse b i t cr}i e r i l o Lr s p i' ir��k 1 }i!� r� �.� I _{p o-€ motion duly made e;d sec.onded, it was i f o t air to accept , Lie r reLomrnencA-:or! of the Tr of ] r has et}{ Committee that rem :t eet 3e posted "Nor Tran i ri g" on both"r E.i des from L'l f` :dStreet-_t reet to 1(i,r{g Street . BUTLER REQUESTQ. ;`T RE: LAP CHMONT _ANF Ti-ie Traffic Safe'!,) Committee's report request of Ji i 1 Butler 2 i.._archr' r t Lane, regarding hNr traffic saf etkt {" ^`r ce}r s on is ra.t i ' e ~} • L'4•- 1 M u .4 L.r;_4 L a r r_..4rrr i i_r{t Lane 5P 'r i i L 1 i.. + LiP; ttr y act _ucl ir;3 traffic, Upon rc t i on i,.,ful ) made B1i d seconded, accept the t L i e i F a ; c r a f€- =i i. -i ri ir„ t-e ' i,. -,`,- a "i !t 5 t, h r L i1 r i ldr en sign , pies:i ciusiy approved be reps B:ed, 4n Oddi t a'•.n€ to the s i gr€ al sad i r, c l ace in La_ chrc,n 3_ Lane. W• pima Selectmen's Meeting August 12, 1986 -5- Also, as recommended by the Committee, the Board voted to deny the request for making Larchmont Lane a one-way street. SCHOOL ADMINISTRATION REQUESTS RE: REDISTRICTING OF HASTINGS STUDENTS, The Board reviewed the report of the Traffic Safety Committee regarding safety concerns for redistricted pupils of the former Hastings School, as expressed by James Maclnnes, Director of Business Services, School Department. Upon motion duly made and seconded, it was voted that redistricted Hastings students to attend Bridge School be bussed; that either the Five Forks or Crosby Road crossing guard be assigned to Waltham Street at Brookside Avenue for Clarke Junior High School; that the remaining crossing guard be placed at Lowell Street and Fairlawn Lane; and the hours of the crossing guard at Adams Street and Hathaway Road be extended for Diamond Junior High. Mr. Maclnnes, who was present, noted that the School Committee will be voting on placement of a crossing guard at Bedford and North Hancock Streets, that week. SCHOOL BOARD CONSTRUCTION PROCESS, Mr. Hutchinson reviewed procedures relative to the School Improvement Program. He noted that the $12 million appropriated will be transferred into a separate account for the program, which must be under process by June, 1987 to ensure EO State reimbursement. He outlined processes planned to implement the work schedule. Mr. Ryan, Comptroller, will meet with the School Building Assistance Bureau to ensure maintenance of proper accounting records and procedures. WEST/C H I ESA LAND Mr. Kane, Treasurer, explained that the portion of the bonding allocated to the purchase of the West and Chiesa conservation land will be used to retire the outstanding $1,770,000 notes :n August 29, 1986. LUMBERYARD REALTY TRUST PROPOSAL - CAMELLIA PLACE Mr. Edd;snn recappeda pr e:icus meeting at which the Town Manager had been asked to work with Lumberyard Realty Trust, the Conservation Commission, Planning Board and Traffic Committee on the feasibility of the proposal for use of Camellia Place as a right-of-way exit f rom its property onto Bedford Street. He noted the statement of the Conservation Commission which stated that Pima although informal discussions had taken place with Mr. Busa and BSC Engineer Di P i etro, no formal application and plan have been submitted. Therefore, no decision has been made on the proposal. mow -6- A report from the Planning Board stated that it endorsed the efforts of the Selectmen to work out an improved traffic pattern at the intersection and believed that the greater use of Camellia Place would contribute to better traffic management. The Board encouraged the Selectmen to pursue this approach provided a connection of Camellia Place to Hancock Avenue is not included in the plan and any connection across the Vine Brook is environmentally acceptable. No further comments were offered since the Planning Board has seen no plans for intersection design or traffic routing in the area. With respect to the question of a requirement for Town Meeting action to cross town owned land to reach Camellia Place, Mr. Cohen said more information about the title and how the land was acquired is needed before that issue can be clarified. Mr. Hutchinson commented that it appears that an easement and Town Meeting action will be required. Mr. Cohen suggested that the attorney for Lumberyard Trust could be asked to work on the title regarding that matter. Mr. Eddison noted the concerns of Hancock Avenue residents about the possibility of a cut-through to their street, and pointed out that that is not shown to be part of the proposal. Mrs. Smith commented as follows: the three Boards agree that there is no plan before them as yet on which to comment on the issue of a second egress from Mr. Busa's development over Camellia Place, but that hisconcern writ is only one symptom of area-wide problems. Before voting on a solution to one symptom, she would want to see a comprehensive picture of the situation and what possible solutions there might be regarding moving traffic along both Bedford Street and Worthen Road and most specifically through the intersection of those streets. She recommended authorization of a study of this intersection and adjacent road ways to arrive at the best solution for improved traffic flow. Motion was made and seconded to enter into a comprehensive study of the intersection of Bedford Street and Worthen Road. Regarding the cost of the study, the Manager was unatle to answer this time, noting tha.: a request for proposals specifying the scope would have to be prepared and issued. He added that funding of the study up to $10,000 is available in the Professional Services account. Mr. Marshall's concern had been that it not be considered another project for the Planning Dept. He noted that Lumberyard Realty Trust had provided a traffic count and study as requested, in addition to a similar study provided for another Bedford Street development by Mark Moore. He felt the real issue }' be traffic f l c.,: whether there i= need to e.:pard the intersection, attention to the question of changes tc the traffic light timing and the matter of left turns. Mrs. -m" th said the ,,, C f thest d , w ►- d he 'ncu==ed rift r r r. �3:.1 a ..r 1�.,� L s a �41 �° �.: w'm,a u.�+ �'�.���. �� :.i�L.r. ►.s �lr configuration of the intersection as well as the traffic management i ssue as listed by Mr. Marshal:, in addition to the traffic counts. Regarding a cut-off point during planning and construction of the Busa Building for decision on the Camellia Place egress, Mr. Connolly of Lumberyard Realty Trust responded that there was no immediate cut.-off date but that the Trust would like to have some direction on the outcome as soon as possible. { elm Selectmen's Meeting August 12, 1986 -7- Mr. Marshall referenced residents' concerns regarding a cut-through to Hancock Avenue and commented that he would not support such a plan, even if it was not prevented by the railroad right-of-way. All members agreed with this view. Regarding a completion date for the study, it was felt that it might be a two phase project, to include the actual impact of ultimate development in the area. Mr. Marshall said that he would want funding of the study within the 1987 Town Meeting cycle in the event an appropriation is found to be necessary. Mr. Schoman, 11 Hancock Avenue, expressed the appreciation of area residents for the response by the Board and the discussion taking place that evening. He stated that neighborhood concerns were not based on a cut- through to Hancock Avenue but on the impact of traffic abutting their back- yards. Mr. Fortmann, 5 Harrington Road, agreed, noting that three, and soon four, large scale developments would be operating in the area, with no concern shown by the developers about the resultant traffic problems. He supported the idea of a study of the whole problem. Motion having been previously made and seconded, it was voted to enter into a comprehensive traffic study of the Bedford Street/Worthen Road intersection and adjacent streets. MINUTES OF JULY 29r 198E Upon motion duly made and seconded, it was voted to approve, as amended, the minutes of the Selectmen's Meeting of July 29, 1986. APPOINTMENT TO LEXHAB Upon motion duly made and seconded, it was voted to remove from the table consideration of the appointment of Ronald W. Colwell, whose nomination had been made and seconded on July 29, 1986, to f 121 the unexpired term of William P. Kennedy. The Chairman noted that there were three candidates: Ronald W. Colwell, Loran E, Wallace, and Marilyn K. Mairson, all of whom are experienced as realtors. As l i ai scr; to LexHAB, Mr. Marshall noted that that Board had felt the lack of a realtor among it= member=, which has been the case since the death of Mr. Zorka. Ronald Colwell, with experience as a realtor and in Interfaith and otherLhousing projects, is willing to serve and Mr. Marshall nominatedhad so him. Noting annual December appointments to LexHAB at which time three terms will expire, Mr. Marshall recommended that consideration be given to expansion of the Board and that that issue was one which should be discussed ran with LexHAB at a meeting in the Fall. ! s —8-- mow Mr. McSweeney said that Loran E. Wallace has similar qualifications as a realtor and although was not as yet involved in Town government, would be willing to get into the process. He nominated Mr. Wallace for the appointment to LexHAB and the nomination was seconded by Mr. Dailey. Mrs. Smith noted, with reference to the three candidates, all of whom she felt were highly qualified, the wealth of the Town in having a broad spectrum of volunteers interested in housing. She supported the appointment of Mr. Colwell as being the most deeply involved in housing matters and experienced as a realtor. It was voted 3 to 2 to appoint Ronald W. Colwell to the Lexington Housing Assistance Board to fill the unexpired term of William P. Kennedy to December 5, 1986. Mr. Dailey and Mr. McSweeney voted to appoint Mr. Wallace. Mr. Dailey added that before the time of appointments to LexHAB in December, effort should be made to find candidates with engineering backgrtaunds similar to Mr. Kennedy's who had recently resigned. All members were asked for suggestions on such individuals. Regarding future expansion of LexHAB and its composition, Mrs. Smith felt that the Board should discuss that and other such issues before annual appointment and budget process time. Mr. Marshall suggested Selectmen discussion of these mat=ters in September and a subsequent meeting with LexHAB in early October. APPOINTMENTS TO ARTS COUNCIL moo Upon motion duly made and seconded, it was voted to reappoint the following to the Lexington Council for the Arts for terms of office to become effective on September 30, 1985, and to expire on September 30, 1982. Fred Rosenberg, 165 Wood Street Mary Ann Armstrong, 34 Robinson Road Robert Gartside, 20 Loring Road and to appoint the following to the Lexington Council cf the Arts for terms of office to become effective on September 30, 1986, and to expire on September 30, 1988 Deborah Kassman 5 Stonewall Road Philip McFarland 13 Independence Avenue Penelope Hart 64 Bloomfield Street Mr. Edd i so=n noted the six years of service given by Natalie Warshawer, whose term expires in September. She had been a member since the Council's inception �'� significantly �1' t t a �:r of the contributing to �: he progressive evolution the agency. The Board's appreciation for her involvement and assistance will be _ expressed to Mrs. Warshawer by letter. AMENDMENT OF CLUB LIQUOR R:3ULATI ON S Upon motion duly made and seconded, it was voted to amend the Selectmen's "Regulations Covering Club Licenses" by changing the age of legal drinking of alcoholic beverages from eighteen to twenty-one to reflect mod changes to that effect in Chapter 138, General Laws. a r Selectmen's Meeting August 12, 1986 SEPTEMBER MEETING SCHEDULE It was agreed that the Selectmen would continue to meet on Tuesdays on a bi—weekly basis through the month of September as follows: Tuesday, September 9, 1986 Tuesday, September 23, 1986 The question of whether to continue with the Tuesday meeting schedule will be discussed at the end of September. ACTING CHAIRMEN APPOINTED Mr. Eddison informed the Board that he will be out of Town for two periods during August and September, and suggested appointment of Mr. Marshall, Senior Selectman, as Acting Chairman, with Mr. Dailey acting in that role during the absence of both Mr. Marshall and Mr. Eddison. Upon motion duly made and seconded, it was voted to appoint Acting Chairmen, during the periods of Mr. Eddison's absence as follows: Mr. Marshall, from August 14, to 21, 1986 Mr. Dailey, from August 22, to 27, 1986 Mr. Marshall, from September 1, to 6, 1986 HUMAN RIGHTS/FAIR HOUSING CONFERENCE The Board reviewed a letter drafted by Mr. Eddison in response to District Attorney Harshbarger's request for sponsorship of a conference on fair housing and human rights he plans for the Fall. The letter expressed the Board's concerns regarding human rights and fair housing but declined sponsorship of the conference. Upon motion duly made and seconded, it was voted to authorize the Chairman to send the letter to District Attorney Harshbarger, as drafted, on behalf of the Board. WATER CONSERVATION Mrs. Smith referred to previous discussions by the Board on the subject of water conservation and how, if effectively pursued, it can avoid major capital expenditures by the State and the Mass. Water Resources Authority (MWRA) . She noted expected changes in water and sewer rates and felt a collateral effort should be made to make citizens and Town Officials aware of water conservation procedures. Mrs. Smith suggested that informative material published by MWRA be seat to citizens and recommended that the building code be changed to require the use of water conservation plumbing equipment in new construction or major rehabilitation projects. She asked the Board to request. the Town Manager to direct staff to assist with formulation of an effective water conservation program for the Town, for consideration of the Board and suggested enlisting the help of James Reilly, MWRA representative, in this process. .10- Judith Marshall who was present, told of theplans of the League of � 3 Women Voters in that regard, for a Fall program. Upon motion duly made and seconded, it was voted to request the Town Manager to put together a water conservation program for the Town, including working with our representatives in the Legislature on bills relating to the protection of our capital investment in our water system. GENERAL ENVIRONMENTAL IMPACT REPORT, L.G. HANSCOM FIELD Mr. Eddison referred to the August 5th Public Hearing on the GEI Report for Hanscom Field, which he had attended and reported that Massport had been willing to extend the time in which communities could comment on the report to September 25th. Mr. Faramelli had also agreed to meet with the Board for discussion prior to the 25th. The Chairman added that reports of the Planning Board and Conservation Commission on the report will be distributed to the Selectmen for the September 9 meeting. It was agreed that efforts will be made to schedule the meeting with Massport on September 23rd, at a regular Selectmen's Meeting. Regarding the August 5th hearing, he reported that residents of the Manor section had complained of the noise of extra flights over their neighborhood. Joyce Hals had responded that because of weather conditions, flights had been diverted from their usual paths, impacting the Town, but that there had been no additional flights. The residents felt that Massport should be more responsive and should take steps to monitor noise levels. want LIMOUSINE LICENSE Upon motion duly made and seconded, it was voted to approve the application of Arsen Minasian d/b/a Innovative Enterprizes, 166 Grove Street, for a Limousine License for one vehicle. ABATEMENTS, WATER St SEWER CHARGES Upon mct i on duly made and seconded, it was voted to approve the abatement of water and sewer charges in the following total amounts: $526.47? $45.15; and $274.75 because of incorrect readings, adjustment of estimates or for customers not connected to Town Sewer and exempt from sewer user charges, NOTIFICATION OF EXPECTED STREET EXPENDITURES, F Y'67 Upon motion duly made and seconded, it was votefi tc execute a certification tZ f- tt rn r'1 t}. amount ext ec ted to be =pent for constructing, L'�r ld.L i 1{`Lam.v Z ti.�i. i� �.=i#� 011.2 L.��,:�.i ..�� e =pent maintaining and policing of Town streets and roads during F1'87. 1 Selectmen's Meeting August 12, 1986 -11- RENEWAL -11-- RENEWAL OF BATTLE GREEN GUIDE LICENSES Upon motion duly made and seconded, it was voted to approve renewal of Battle Green Guides Licenses for the following: Daniel L. Alpert 3 Fairfield Drive Mark Di ck i son 16 M i ddl eby Road Steven Ford 4 Groye Weet Richard John 150 Brattle t. , Cambridge 02138 Jennifer Marx 4 Carriage Drive Andrew Saks 11 Blake Road Arthur G. Slade, Jr. 52 Webb Street Megan Spann 60 Freemont Street Sandor Zappolin 46 Asbury Street EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5-0 by roll call vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, to go into Executive Session for discussion of Bargaining Strategy of matters of litigation, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at owl 9:45 p.m. A A true record, Attest: (10)/61) �� littell2kr (7:7 Marion H. Sno Executive Clerk ,FI ir /or / J rU: SELECTMEN'S MEETING ,k.'August 26, 1986 A regular meeting of'the Board of Selectmen was held on Tuesday/ August 26, 1986, in the Selectmen's Meeting Room, Town Office Building at 730 p.m. Acting Chairman Dailey, Mrs. Smith, Mr. McSweeney; Ms. Adler, Acting Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. REPORT ON TREE HEARING Paul Mazerall, Supt. of Parks and Trees, was present for discussion of the request of Edwin Barry, 2413 Mass. Avenue, for removal of a large, white, ash tree, on Town Land, near his home. Public Hearing on the request was held on August 18th. No objections to the removal had been voiced at the hearing. Mr. Mazerall took no position on the matter but noted other instances of such large trees falling during storms. He added that problems could be caused to the Town if this tree should fall, which is the concern of Mr. Barry whose house in near the tree. Mr. Barry had made requests for the past 3 or 4 years for its removal based on those concerns and Mr. Mazerall had had the tree trimmed on several occasions, which would lessen the chance of its falling. All Selectmen present had visited the site. Mrs. Smith pointed out that such beautiful trees enhance the character of the Town and felt that its removal would create a precedent so that trees all over the Town, which might possible come down during a storm, would have to be removed. Mr. Dailey noted that another good sized tree near the tree in question would no doubt flourish if the white ash were removed. Upon motion duly made and seconded, it was voted 2 - 1, with Mrs. Smith voting in the negative, to authorize removal of a tree standing on *2413 Massachusetts Avenue. WATER ABATEMENT REQUEST, MARLIN. 54 GRANT STREET Richard Spiers, DPW Operations Manager, was present for review of the request of Lois Marlin, 54 Grant Street, for abatement of a portion of water/sewer charges as billed in June, 1986. Mr. Spiers reported that the water reading at 54 Grant Street had been consistent for a number of years, but that upon the advice of her plumber, Mrs. Marlin had requested installation of a new meter because of a clicking noise she had noticed when water was being used. The June bill was computed on a reading from the old meter and showed consumption which was twice as much as previous readings had shown. The meter was tested and found to be 33% accurate, but somewhat on the slow side. A new meter was then installed. Mrs. Marlin requested the partial abatement contending that the old meter had been faulty. Mr. Spiers noted the possibility of a water leak in the house as the reason for the higher reading. Mrs. Smith suggested that action on the request be delayed pending a reading of' the new meter in six months for comparison with previous water consumptioi. MOW -2- Mr. Dailey and Mr. McSweeney agreed with this course of action and to reconsider the matter when that information becomes available. Mrs. Marlin will be advised that her request is denied without prejudice as this time and that she should pay her June bill now pending decision by the Board following the next semi-annual meter reading. RIDGE ROAD - OILMAN LETTER Ms. Adler informed the Board of the background of a situation relative to lots on Ridge Road, designated by the Planning Board as a non-street, and reviewed a letter from Attorney Oilman which alleged that the Planning Board had acted illegally procedurally, in its refusal to sign a "subdivision control not required" plan of the lots. He also disputed designation of that portion of Ridge Rd. as a non-street. Mr. Gilman's client, Robert Johnson, wishes to develop the lots, owned by Deran Semonian. Ms. Adler recapped Planning Director Bowyer's response to Mr. Gilman's letter, which refuted his claims of improper procedures and indicated that Mr. Johnson should re-apply to the Planning Board with a proper subdivision application which it would then consider. She also noted that the matter of streets and subdivisions lies solely under the jurisdiction of the Planning Board. The Board agreed with Mr. Dailey's suggestions that he draft a letter __ in response to Mr. Gilman, based on the information in Mr. Bowyer's report advising him of appropriate procedures. COMMON CARRIER LICENSE, EL DORADO TRANSP. , INC. Ms. Adler requested that action on the application by El Dorado Transportation Inc. for Common Carrier License for the LEXPRESS m i n i busses be removed from the Consent Agenda. She reported on Police Chief Furdon's recommendation that approval of the License be subject to quarterly inspections by the Police Dept. of the busses, as has been required for Arlex Taxis. Upon motion duly made and seconded, it was voted to approve the application of El Dorado Transportation, Inc.., 69 Webster St. , Arlington, MA for Common Carrier License for the transportation of passengers for hire by minibus LEXPRESS vehicles, along described routes, to be in effect throughout the term of the contract between the Town of Lexington and El Dorado Transportation, Inc. but for no longer than to December 31, 1989. Approval of this license is subject to inspection of all busses on a quarterly basis by the Lexington Police Department. SECTION 8 ANNUAL CONTRIBUTION CONTRACT Upon motion duly made and seconded, it was voted to execute the Section 8 Annual Contribution Contract with the U.S. Department of Housing and Urban Development in the amount of $247,132.00 for 58 Section 8 Certificates, as .4.10 requested by the Lexington Housing Authority. a _ .r a • d w r.. Selectmen's Meeting August 26, 1986 -3- THEATRE LI cENSES, CINEMAS I & II Upon motion duly made and second it was to t approve applications for renewal for Weekday n Su ay a Licenses for Sack Lexington Cinemas I and II, 1794 Mass se s ue, Lexington. SEWER CHARC,; ; , ROBINSON, $27 REVERE STREET Upon motion duly made and seconded, it was voted to approve sewer charges in Lieu of Betterment in the amount of $2,260.94, for property owned by Rowena Robinson, #27 Revere Street. It was also voted to abate those charges in that amount, as recommended by Walter J. Tonaszuck, Director of Public Works and Engineering. NOTICES OF CLEANING, LINING WATER MAINS Ms. Adler referred to a program of cleaning and lining water mains to be conducted in the coming weeks. A notice to residents alerting them that polo this process will be taking place in their neighborhood and giving information on temporary measures to be implemented during the operation was noted. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 3 - 0 by roll call vote: Mr. Dailey, Mrs. Smith, Mr. McSweeney, to go into Executive Session for discussion of Collective Bargaining strategy, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 8:02 p.m. A true record, Attest: M ion H. Snow Executive Clerk A pima