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HomeMy WebLinkAbout1987-12-BOS-min 0 qt,t; r SELECTMEN'S MEETING -, _� December 7, 1987 A regular meeting of the Board of Selectmen was held on Monday, December 7, 1987, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. PUBLIC HEARING, N.E.T. & T. , GRASSLAND STREET Mr. Eddison opened the public hearing on the petition of the New England Telephone Company for permission to place conduit in Grassland Street. William Daley, representing the Telephone Company, explained that the conduit would be connected to an existing pole to service 6 new homes on Philbrook Terrace. There being no further coments in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of the New England Telephone & Telegraph Company for a grant of location for approximately 20 feet of conduit to be placed in Grassland Street, on the southerly side at existing pole 609, easterly then southerly, to Philbrook Terrace. PUBLIC HEARING, BOSTON EDISON COMPANY, GRASSLAND STREET roma A public hearing on the petition of the Edison Company for permission to place conduit in Grassland Street was opened by the Chairman. Carol McManus, representing the Edison Company, explained that the conduit, connecting to an existing overhead pole, was necessary to service lots #1 through $6 on Philbrook Terrace. There being no statements in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of Boston Edison Company for a grant of location for approximately thirty-six feet of conduit to be placed in Grassland Street, approximately 151 feet southeast of Payson Street. PUBLIC HEARING, BOSTON EDISON COMPANY, BOWMAN STREET Mr. Eddison opened the public hearing on the petition of the Edison Company for permission to install conduit in Bowman Street. Ms. McManus explained the need for the work to provide service to a sewer pump located off Bowman Street. There being no comments in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of Boston Edison Company for a grant of location for approximately forty-five feet of conduit to be placed in Bowman Street, northerly approximately 155 feet northwest of the Lexington/Arlington Town line. APPOINTMENT TO COUNCIL ON AGING Upon motion dulymade and seconded, it was voted to approve the pp appointment by the Town Manager of Susan Nordemo, 443 Bedford Street, to the Council on Aging, for a term of office to expire on June 1, 1989. HANDICAPPED ACCESS, HARRINGTON SCHOOL wow Mr. White reported on procedures necessary for compliance with the regulations of the Architectural Barriers Board for the polling place at the Harrington School (Precinct I). Renovations to the school will not be completed until September of 1988, thus a variance from the regulations was requested and received. He asked for approval of a notice to Precinct 1 voters informing them of the reasons for the variance and offering assistance with access for voting, if necessary. Upon motion duly made and seconded, it was voted to approve the sending of a notice to voters of Precinct 1, from the Board of Selectmen, as follows: "A variance to the regulations of the Architectural Barriers Board (950 CMR Section 46.02(3)C) has been granted for the above polling place (Harrington School) relating to door width. A 30 inch clearance is available; a 34 inch clearance is required. Full compliance with the regulations is anticipated by September 1, 1988, when school renovations are completed. For further information; assistance with access for voting; or application to vote at an alternate location, contact the Town Clerk's Office, 862-0500." Board of Selectmen MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting on November 9, 1987. Mrs. Smith who had been absent from that meeting, abstained from voting. Upon motion duly made and seconded, it was voted to approve the meig minutes of the meeting on November 16, 1987, as presented. RENEWALS, LIQUOR LICENSES Upon motion duly made and seconded, it was voted to approve the applications for renewal of Liquor Licenses for the ensuing year for the following establishments: Lexington Liquor Mart, 58 Bedford Street The Hartwell House, 94 Hartwell Avenue LICENSE RENEWALS (Other) Upon motion duly made and seconded, it was voted to approve applications for renewal of Common Victualler; Coin Operated Game Machines; Common Carrier; and Innkeeper Licenses for the ensuing year, as follows; Common Victualler Bel Canto Restaurant The Coffee Connection, Inc. 211 Mass. Avenue 1729 Mass. Avenue Cory's of Lexington Friendly Ice Cream Corporation 20 Waltham Street 1060 Waltham Street Hartwell House, Inc. Muffin House d/b/a Pewter Pot 94 Hartwell Avenue 1710 Mass. Avenue The Kitchen 363 Mass. Avenue + Selectmen's Meeting -3- December 7, 1987 Coin Operated Video Game Machines Josiah Hayden Recreation Centre, Inc. (4) 24 Lincoln Street Lexington Lodge of Elks *2204 (2) 959 Waltham Street Common Carrier James H. McCarty Limousine Service, Inc. P.O. Box 327, Leominster, MA Innkee er WHH Company d/b/a Battle Green Motor Inn 1720 Mass. Avenue SIP Acton Catchpenny Ltd. 440 Bedford Street Mrs. Smith urged that criteria for licensing of coin-op video game machines be developed. The Town Manager will prepare guidelines. TOWN CELEBRATIONS SUBCOMMITTEE APPOINTMENTS Upon motion duly made and seconded, it was voted to appoint the p""' following as members of the Town Celebrations Subcommittee, for terms of office to expire on June 30, 1988: Marilyn McWeeney 503 Concord Avenue John R. Holt 803 Mass. Avenue Dawn E. McKenna 2564 Mass. Avenue Mary Ann McKenna 47 Bridge Street CONSENT AGENDA EXTENSION OF HOURS, SHERATON/LEXINGTON INN Upon motion duly made and seconded it was voted to approve the request of Robert Savior Manager, for extension of hours on Friday, December 18, Saturday, December 19th and Thursday, December 31st to 1:00 a.m. It was also voted to ratify the poll vote of December 3, 1987, approving extension of hours at the Lexington Sheraton Inn on Friday, December 4, 1987, to 1:00 a.m. COMMITMENT OF CYCLE 9 WATER CHARGES Upon motion duly made and seconded, it was voted to approve the commitment of Cycle 9 Water Charges for the month of December 1987, in the amount of $41,823.97. COMMITMENT OF SEWER/WATER CHARGES Upon motion duly made and seconded, it was voted to approve the ,■,. commitment of Final Sewer & Water Charges for the month of November, 1987, in the amount of $4,624.18. -4- COMMITMENT OF STREET OPENING PERMIT FEES Upon motion duly made and seconded, it was voted to approve the commitment of Street Opening Permit Fees in the amount of $125.00. PETITION! N.E.T. & T. , POLE REMOVAL, PLEASANT STREET Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of New England Telephone & Telegraph Company for removal of one pole on Pleasant Street, on the northerly side approximately 160' ± easterly of Worthen Road. ABATEMENT, SEWER REVENUE, 647 LOWELL STREET Upon motion duly made and seconded, it was voted to approve abatement of sewer charges for property at 647 Lowell Street, P. Morashio, in the amount of $136.78. The property is not connected to Town sewer and therefore exempt from the Sewer User Charge. SELECTMEN/SCHOOL COMMITTEE MEETING It was agreed that the Board will meet with the School Committee and Finance Committees, on Wednesday, January 6th at 7:30 p.m. in the Selectmen's Meeting Room. EQUITY SHARING COMMITTEE The Equity Sharing Committee had reported receipt of State Funding in the amount of $30,000 for a study of the concept by Abt Associations. A contract has been signed by Abt. Associates and is. being reviewed by Town Counsel. LEXHAB, MUNROE SCHOOL FEASIBILITY STUDY Chairman William Hays of LexHAB and members Marshall Derby and Don Wilson met with the Board for discussion of LexHAB's proposal for a feasibility study of the use of Munroe School for affordable housing. Mr. Hays referred to LexHAB's role with respect to Muzzey, plus its responsibility to advance the supply of affordable housing in the Town. In consideration of the latter, LexHAB wished to pursue the possibility of providing housing at Munroe School. The plan would be to present a proposal to Town Meeting which would lack definitive information and to aks for funds for a feasibility study. Mr. Derby noted that LexHAB would hope to gather information on the status of leases of current tenants at Munroe and to work with them regarding possible relocations. Mr. White pointed out that a study of four vacant school sites in the Town is being conducted by Stockard & Engler at a cost of $35,000. He proposed that Munroe be included in this study. Mr. Hayes noted that LexHAB has certain concerns for Munroe i.e. whether it could accommodate a high proportion of 2- and 3-bedroom units, which have been shown to be a lack at Muzzey and to ascertain its feasibility for conversion. Mr. Derby listed positive aspects of Munroe, such as proximity to the Center and public transportation. Mr. Hays felt that a study of Munroe should contain information on the number of units which could be created and at what cost; • Selectmen's Meeting -5- December 7, 1987 whether additional units could be placed on the site, without adversely impacting the neighborhood; the financial viability of the various development options; and the amount of land which would be open to the Town for recreational purposes. LexHAB would hope to go forward with the study as soon as Town Meeting approved and felt that more information was needed for Munroe than would be provided in the Engler study of the other four schools. Mr. White felt that these concerns could be accommodated in a comprehensive study of the four school sites, plus Munroe, as well as they could be in a single study. Mr. Hays was not in favor of this concept because of the uniqueness of Munroe, an existing building, and the matter of relocating occupants. Tina Forbes of Arts/Lexington, introduced Bob Anderson, Arts/Lexington Board member who read a statement of benefits provided by the group and asked consideration of its contribution to the Town as a valuable cultural resource. Elaine Dratch listed alternatives for housing which she felt should be explored, rather than Munroe. Ann Taylor, parent of two children attending classes, spoke in favor o f keeping the school as an art center, and felt that there was no other suitable, accessible location in the Town for Arts/Lexington. p'"' Mr . Marshall said that he did not see LexHAB's request to present to Town Meeting the question of a study to enlighten on the feasibility of Munroe as a controversial decision for the Selectmen. Mrs. Smith agreed, based on the issue of options, and said she could support such a request from a hard working Board, such as LexHAB. She saw many problems with conversion of Munroe to housing but would be willing to fold it in with other options in the current study, but not as the subject of a single study. Mr . Eddison said he also would favor a feasibility study but only as included in the Engler study. He felt however , that weight should be given to the cultural asset represented by Arts/Lexington, when no alternative site is known to exist in Town. Mr. White felt that Engler could accomplish the study including Munroe in time for a report to Town Meeting, but excluding the relocation issue. Mr . Hays said that LexHAB would need to explore as to whether the proposed comprehensive study could adequately address its concerns about Munroe. Mr . Marshall said he supports reserving a space in the Warrant f o r a feasibility study of Munroe, which could be withdrawn if the Engler study fills LexHAB's needs. Mr . White will confer with the Engler Firm about expanding the scope 9f the study . Upon motion duly made and seconded, it was voted to reserve space in the Warrant for the 1988 Town Meeting for an article on LexHAB' s r"rn requested Munroe Feasibility Study , and to request that the Town Manager confer with LexHAB to define the scope of information which could be provided on Munroe in the Engler study so as to ascertain if the Article is needed. It WBS alio voted to reserve space in the Warrant for an inclusive Article regarding the provision of affordable housing. -6- TRAFFIC SAFETY COMMITTEE REPORTS Peter Chalpin, Chairman, and Eric Clarke, member of the Traffic Safety Advisory Committee were present for review of several traffic related requests and the committee's recommendations on each. CROSSWALK, HANCOCK CLARKE HOUSE Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Advisory Committee for installation of a crosswalk on Hancock Street, at the Hancock-Clarke House, as requested by Marjorie Blanchard, Lexington Historical Society. CROSSWALK, CARY LIBRARY Mr. Chalpin reviewed the recommendation of the Traffic Committee on the request of the Lexington Center Committee that the crosswalk on Mass. Avenue at Clarke Street be relocated to connect directly from the front of Cary Library to the Visitors Center. The Committee agreed that the new placement of the crosswalk would tend to decrease jaywalking in the area and recommended that the request be approved. Frank Fields, Town Engineer, estimated a cost of $2,100.00, including manpower, for the work involved. Mr. Marshall suggested that the crosswalk would be more well used extending from the library to the side of Meriam Street nearest the Center proper. Discussion continued on the question of whether pedestrians would mod really utilize the crosswalk and Mr. Dailey recommended leaving it at its present location. Upon motion duly made and seconded, it was voted to deny the request of the Lexington Center Committee for relocation of the crosswalk as described above. TOPER REQUEST, *105 BURLINGTON STREET The request of Mr. & Mrs. Toper for installation of signs warning motorists of a blind driveway and the presence of children and the recommendations of the Traffic Committee on the requests were reviewed. Mr. Chalpin reported that two "Caution Children" signs are now in place near the Toper home at #105 Burlington Street and that also there is a "Blind Driveway" sign a few houses away. The Committee recommended denial of the request for additional signs but that the existing "Blind Driveway" sign at *97 Burlington Street be changed to read "Blind Driveways". Mr. & Mrs. Toper ha 4 also requested information on procedures to request extension of sidewalk from Kenneen Park towards North Street. The Committee suggested that they be advised to petition the Board of Selectmen for consideration during the FY90 Budget process. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Safety Advisory Committee on the requests of Mr. & Mrs. George Toper, 105 Burlington Street, as stated above. '4.14 . ' = Selectmen's Meeting -7- December 7, 1987 TRAFFIC SIGNAL REDUEST, ARMENIAN SISTERS ACADEMY Pm* Mr . Chalpin reported on the request of the Armenian Sisters' Academy parents for installation of traffic signals on Mass. Avenue at Pelham Road, because of the difficulties encountered by motorists exiting Pelham from the school . He noted the limited sight distance to the left , caused by a curve on Mass. Avenue and the visual obstruction caused by homes near the intersection. He added, however , that it is not a high accident location, despite these problems. The Committee recommended that the request for traffic signals or a flashing beacon be denied on the basis that none of the traffic signal warrants are satisfied for these installations. It was recommended that , in view of the difficulties in leaving Pelham Road, that the existing warning sign be replaced by one reading "Vehicles Entering Right" , using white letters on a red background and that a "Stop" sign be installed on Pelham Road. It was suggested that parents use alternate routes when leaving the academy i .e. Eliot Road and Tavern Lane and that the school or parents group consider retaining a Police Detail during peak hours. Several parents and the Academy Principal Sr~ Alphonsa were present and emphasized the hazards met when turning left onto Mass. Avenue. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Safety Advisory Committee on the requests of parents of students and staff members of the Armenian Sisters' Academy, as stated above. r1.1 GUARD RAIL, MASS. AVE./SCHOOL STREET, HILTON Mr . Chalpin reported on the recommendations of the Tfaffic Committee that the request of James Hilton, 2543 Mass, Avenue for a guard rail be approved, because of the danger that cars traveling down School Street, t4hich ends opposite Mr. Hilton's home, could mistakenly enter his property. The Committee also recommended installation of a "Stop" sign on School Street at Mass. Avenue and installation of a 9,000 lumen HPC street light , to illuminate the intersection as well as the guard rail . Mr . Eddison suggested that a reflective sign might be sufficient to warn School Street traffic. Mr . Hilton felt that because cars travel at a high rate of speed, reflectors would not deter them. Mr . Marshall was in favor of reflectors on a guard rail . Upon motion duly made and seconded, it was voted to accept, as stated above, the recommendations of the Traffic Safety Advisory Committee in response to the request of James Hilton, 5243 Mass. Avenue, that a guard rail , with reflectors, be installed in front of his home. SCOTT ROAD, MRS. YUSAH Mr . Chalpin reviewed the request of Patricia L. yusah, 9 Scott Road, that a "Caution Children" sign be installed on Scott Road and the Traffic Committee's recommendation that the request be denied, since the warrants for such a sign are not satisfied in that location. Upon motion duly made and seconded, it was voted to accept the recommendation of the Traffic Safety Advisory Committee as stated above. . r -8- HANCOCK/ADAMS STREETS, POLHILL Mr. Chalpin recapped discussion at a meeting of the Traffic Safety Committee with Joseph Polhill and other area residents regarding concerns expressed about traffic at the Hancock Street Rotary and on Adams Street. Regarding the Hancock Street Rotary, Mr. Polhill asked for installation of a sign to control all entrances to the rotary per Mass. Law which requires vehicles entering a traffic circle to yield to traffic already on the circle. The Traffic Committee recommended installation of three "Rotary Traffic" signs on the rotary to eliminate confusion as to who has the right-of-way. It was noted that a "Yield" sign at that location would not be warranted. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Safety Advisory Committee that "Rotary Traffic" signs be installed on the Hancock Street Rotary. Mr. Chalpin gave the recommendations of his Committee on the concerns of area residents regarding speeding and truck traffic on Adams Street. The Committee had advised that enforcement of the speed limit be increased. With reference to noise caused by the heavy volumes of truck traffic going over loose manholes, the Committee had alerted the DPW to inspect and, if necessary, repair them. The issue of truck traffic, mainly generated by the Quinn-Perkins Gravel Co. , had also been raised by the residents. Since the requirements of the Mass. DPW for a Truck Exclusion Permit on Adams mod Street have not changed since 1983 when a similar request for exclusion was denied, the group was told that trucks could not be excluded at this time. Mr. Chalpin referenced 1983 correspondence with the State DPW, and the requirement that truck traffic be rerouted over roads within the same town, which is not possible. The Committee had suggested that residents contact Quinn-Perkins requesting cooperation in the matter of using other routes. Mrs. Smith felt that such a request should be generated by the Town. Mr. Eddison suggested that both the Town and residents contact the gravel company. Mrs. Polhill spoke of oversized trucks which travel on Adams Street which exceed the width of lanes and the resultant hazards to automobile motorists. Mrs. Doherty noted empty trucks on return trips which speed and which cause even more noise when hitting manhole covers. Mr. Marshall asked Mr. Chalpin if there would be a way to gain an informal sense of whether the previous denial of truck exclusion would still stand. Upon motion duly made and seconded, it was voted to accept the recommendations of the Traffic Safety Advisory Committee that manholes on Adams Street be inspected and repaired; that a letter be sent to Quinn Perkins Sand & Gravel Company, requesting its cooperation in the matter of routing trucks on streets other than Adams Street; that the two Town Manager request increased Police presence on Adams Street for enforcement of speed laws; and that another effort be made to obtain a State DPW ban on truck travel on Adams Street. eft' Selectmen's Meeting -9- December 7, 1987 PUBLIC OPINION QUESTION, 1988 TOWN BALLOT Kay Tiffany and Rachel Rosenblum were present to request insertion on the 1988 Town Election ballot of a non-binding public opinion advisory question regarding a United States/Soviet Union test ban of nuclear weapons. The petition had been delivered to the Office of the Selectmen with the necessary signatures of ten registered voters, certified by the Town Clerk. Mrs. Tiffany noted that 66 more signatures had been obtained since that time. Mrs. Rosenblum and Mrs. Tiffany explained their reasons for submitting the petition and said it was based on a desire to have Lexington included with other communities in the grass roots effort for a test ban. The State has already accepted and endorsed the concept. Upon motion duly made and seconded, it was voted to place the following non-binding public opinion advisory question on the ballot in the next town election: "Shall it be the policy of the people that the United States enter into a bilateral verifiable, comprehensive ban on the testing of nuclear weapons and that our town request: 1. Our Senators and Congresspersons to vote for a test ban, and 2. Our President to negotiate a comprehensive test ban with the Soviet Union immediately." The proponents had no objection to certain revisions for row clarification to the question, as suggested by Mr. Cohen. 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 matters of collective bargaining and of litigation, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:35 p.m. A true record, Attest: la/a/ ( t � 7 rion ..w Executive Clerk r t , � i 4 Pam SELECTMEN'S MEETING -- , ' December 14,1987 A regular meett4 of the Board of Selectmen was held on Monday, December 14, 1987, in the Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. APPOINTMENT, POLICE OFFICER Chief Furdon, Captain Kilmartin and Captain Taylor of the Police Cept. were present to introduce Brian Spencer, newly appointed Police Officer, to the Selectmen. Chief Furdon commented on Patrolman Spencer's qualifications and background, adding that he was extremely pleased with the caliber of all officers appointed for the past few years. Mr. Eddison and the other members of the Board thanked the Chief and offered congratulations to Officer Spencer on his appointment. CONTINUED HEARING, CABLE TV Chairman Eddison opened the continued Public Hearing on approval of the transfer of stock from Adams-Russell Cable Services to Cablevision Systems Corporation. p•• Members of the Cable TV Advisory Committee were present. Mr. McSweeney reported on a meeting of the Cable TV and Communications Committee with Cablevision representatives and progress made with submittal to the Committee, information on financial matters and performance, needed before recommendations can be made. He read the Committee's statement to the Board, as follows: "The Lexington Cable Advisory Committee respectfully recommended that the Board of Selectmen postpone a vote on the license transfer to Cablevision Systems Corporation because of its concerns with respect to the applicant's financial capability and performance in other communities. The Committee believes it is prudent and in the Town's best interests to further evaluate materials that have been submitted by the applicant, to pursue additional areas of inquiry and to receive appropriate assurances from the applicant in the hopes of reaching a level of comfort consistent with recommending to the Board of Selectmen that it vote to approve the transfer." Mr. Mairson suggested that the hearing be continued to January 4th, Mr. McSweeney noted that the Town Manager and Attorney Bronstein of Palmer & Dodge would continue to work with Cablevision and the Committee and asked if a date of January 4th would allow enough time. Mr. White said that Cablevision had requested closure before the first of the year. He noted that he and Attorney Bronstein were confortable with Cablevision's direction and efforts and suggested that, if agreeable with the Committee and Town Counsel, the hearing be '"' continued to December 21st, with the option of adjourning to January 4th, if necessary. Mr. Mairson pointed out that the Committee had felt after the December 8th meeting, that postponement to January 4th would be necessary. -2- 'moo Ms. Garafano of Cablevision stated that all information could be provided during the coming week and asked that the Board vote on the transfer on December 21st. Mr. McSweeney asked, if possible, that the Board go along with Cablevision's wishes for a December 21st closure, based on the company's assurance that the requested data will be submitted by then. Upon motion duly made and seconded, it was voted to adjourn the Public Hearing on transfer of stock from Adams Russell to Cable vision Systems Corporation to December 21/ 1987, at 7:30 p.m. , with the option of continuing to January 4, 1988, if necessary. MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting on November 16, 1987, as presented. Also, it was voted 4 - 0, with Mr. Marshall abstaining from voting because of his absence from the meeting, to approve the minutes of November 23, 1987, as presented. APPOINTMENT - CATV COMMITTEE Mr. Eddison noted the recommendation of the CATV and Communications Advisory Committee that Julian Bussgang be appointed as a member of the Committee, noting his hard work on the transfer process, to date. The Selectmen's Charge to the former Cable Committee had gm designated a limit of eight members. Mr. Eddison pointed out the need . to revise the Charge to allow for Mr. Bussgang as a ninth member. Upon motion duly made and seconded, it was voted to appoint Julian Bussgang, 2 Forest Street, as a member of the Cable TV & Communication Advisory Committee, for a term to start upon the adoption of a revised Charge to the Committee which will accommodate increased membership. APPOINTMENT - D.A.C. Upon motion duly made and seconded, it was voted to appoint Elaine Adler, 3 Sunnyknoll Terrace to the Design Advisory Committee, for a term of office to expire on September 30, 1988. RENEWAL OF LICENSES Upon motion duly made and seconded, it was voted to approve applications for renewal of licenses for the ensuing year, as follows: Common Victualler Licenses, Brigham's Putnam Pantry 38 Bedford Street 1655 Mass. Avenue Pine Meadows Country Club, Inc. Steve's Ice Cream Cedar Street 1749 Mass. Avenue Middlesex Racquet & Swim Club, Inc. I, d/b/a The Lexington Club ; 475 Bedford Street One Meriam Meriam Street Selectmen's Office -3- December 14, 1987 rma Class I Lexington Toyota Sales, USA, Inc, 409 Mass. Avenue Auto Engineering, Inc. 436 Marrett Road CHARGE - HATS II Mr. Eddison referred to suggested changes by the Town of Lincoln to his draft 4-Town Agreement and Charge to the reconstituted HATS II Committee. Mr. Eddison's draft had been previously approved, as presented, by Lexington and Bedford Selectmen. Concord had given approval of the agreement with the Lincoln changes and Bedford Selectmen would be acting on the revisions that evening. He asked the Board's approval of the change in language, which he felt served to improve the Agreement. Upon motion duly made and seconded, it was voted 4 to 0 to approve as revised the HATS II Memorandum of Agreement by and among the towns of Bedford, Concord, Lexington, and Lincoln and to authorize the Chairman to sign the Agreement on behalf of the Board. Mrs. Smith abstained from voting because of her involvement with �... Ma ssport. RESOLUTION OF FRIENDSHIP, LUXEMBOURG Eugene Lee was present to request that the Selectmen issue a Resolution of Friendship to the City of Luxembourg, where he will be attending an international academic conference from December 16 to December 22. He asked that the Board approve the Resolution, which he would present to the Mayor of Luxembourg at a City Hall reception. Upon motion duly made and seconded, it was voted to issue a Resolution of Friendship with the City of Luxembourg, Germany in the interest of international friendship and better understanding between people. CONDO CONVERSION BOARD, SPECIAL EMPLOYEES Upon motion duly made and seconded, it was voted to appoint all members of the Condominium Conversion Board as Special Municipal Employees. TOWN MANAGER'S AGENDA AMBULANCE FEES INCREASED Mr. White noted that Lexington's ambulance rates at this time are not competitive with those in contiguous towns and recommended increases which would bring them in line and would increase revenues by approximately $25,000. Under his proposal, charges of $60/trip to Symmes, Choate, Lahey Clinic, Winchester and Waltham Hospitals; charges of $75/trip to Emerson, Sancta Maria, and Mt. Auburn Hospitals; and a charge of $90/trip to Childrens Hospital would all be increased to a basic charge of $100/trip. -4- Upon motion duly made and seconded, it was voted to increase ambulance transportation fees as listed above to a basic rate of $100.00 per trip. LEXINGTON CENTER COMMITTEE, PARKING STUDY Margery Battin, Chairman of the Lexington Center Committee presented background information leading to the LCC's proposal for a Lexington Center Parking Study to be funded by moneys in the Parking Meter Fund, and its request that the Selectmen insert an Article in the 1988 Warrant for use of those funds. In its attempt to address the parking problems of the Center as required in the Selectmen's Charge to the Committee, it became apparent that there was a need to know what parking needs are, where they exist, and how they may be satisfied. She introduced David Wells of the LCC Parking Subcommittee who presented the Committee's recommendation for a professional Parking Survey to include inventory, parking characteristics study; parking demand analysis, existing and future; identification of deficiencies/recommendations for improvement; estimate of costs for improvements/identification of funding sources; design services related to approved and funded recommendations; and construction related services. The cost of the study was estimated at $30,000 to $35,000. Mr. Wells noted that use of Parking Meter Funds would be subject to • moo Town Meeting approval. Motion was made and seconded for purposes of discussion to insert an Article in the Warrant for the 1988 Annual Town Meeting, requesting use of funds from the Parking Meter Account for a Professional Parking Survey. Robert Domnitz, Meriam Hill Association, asked if a vote to insert the Article in the Warrant indicated endorsement. Based on his observances on the use of parking spaces in the Center, he said he saw no need for use of Parking Meter Funds for a study, and questioned the legality under State law for the use. Mrs. Smith noted that the Board is the only agency which has the authority to insert an Article in the Warrant to allow for consideration by Town Meeting and pointed out that this process does not necessarily indicate support by the Selectmen. Motion having been made and seconded, it was voted to insert an Article in the Warrant for the 1988 Town Meeting requesting use of Parking Meter Funds for a professional study to assess parking problems and needs in the Center and how they might be addressed. RESERVE FUND TRANSFER Upon motion duly made and seconded, it was voted to approve a transfer from the Reserve Fund in the amount of $1,200.00 to Miscellaneous Boards and Committees, as requested by Kerry Brandin, Chairman, Lexington Council for the Arts. INTENT TO LAY OUT PHILIP ROAD Mr. Spiers and Mr. Fields were present for discussion of the petition for acceptance of Philip Road as a public way, and to request Selectmen's Office -5- December 14, 1987 that the Board vats its intent to lay out the road that evening. Mr. Marshall asked if the low betterment rate for Philip Road, approved on October 19th, could be revised at a later date. Mr. Field responded that it could be, if necessary. Seven old subdivision streets including Philip Road which have never been accepted by the Town, were listed. Question arose as to reasons for the delay in acceptance of Philip Road and Mr. Fields reported that although it had been built to Town standards, it apparently had not been built well by the developer and so had never been accepted. Due to deterioration and escalation of costs, the amount retained by the Town would not cover costs for reconstruction at this time. Board members asked for background information on the 7 streets mentioned above, how bond amounts had been determined and if developers had defaulted. Mr. Marshall asked for exploration of current bonding procedures to ensure that the processes are in line with today's standards. Upon motion duly made and seconded, the Board voted its intent to lay out as a public way Philip Road, 1,500 feet from Worthen Road to beyond Goffe Road. A Public Hearing on the petition will be held on Monday, T January 25, 1988, at 7:30p.m. CASH MANAGEMENT COMMITTEE Mr. White informed the Board of his intention to form a Cash Management Committee to address issues concerning collectibles and investments. The Committee would meet quarterly. He asked for volunteers from the Board and from the private sector to serve on the Committee. PINE MEADOWS Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for the 1988 Annual Town Meeting requesting transfer from the School Committee to the Board of Selectmen of the Meagherville School Site and to insert an Article in the Warrant relative to purchase of the Pine Meadows Golf Course under Ch. SIB. Mr. Eddison noted the Planning Board's request that two members of the Board of Selectmen be designated as Liaisons who would participate with the Planning Board in discussions of development at Pine Meadows. Upon motion duly made and seconded, it was voted to designate Jacquelyn Smith and William Dailey as Selectmen Liaisons to the Planning Board, as requested. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 - 0 by roll rim" call vote, Mr. Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, to go into Executive Session for discussion of matters of litigation, with no intent to resume open session. ! _6_ Upon motion duly made and seconded, it was voted to adjourn at 9:15 p.m. C-7 A true record, Attest: (- -rion / -n. Executive Clerk I \, r.- L' qq SELECTMEN'S MEETING \ \1/4 '),T.,.,`6 December 21,1987 A regular meeting of the Board of Selectmen was held on Monday, December 21, 1987 in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr, McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. CATV HEARING CONTINUED Mr. McSweeney recapped events starting in October 1987 when the CATV & Communications Committee commenced its work as advisors to the Selectmen on the process for transfer of license from Adams Russell to Cablevision Systems. He noted that there had been many meetings of the Committee with Cablevision representatives; a public information session on October 22nd, and the opening of the Public Hearing on November 16th, which was continued to December 14th and December 21st because of additional concerns raised. He felt that those issues could be addressed that evening. Dr. DiGiammarino, Chairman of the Cable Committee, read the committee's recommendations of the transfer. The report noted unsuccessful attempts over past years to gain improved service by Adams-Russell, and stated the primary goal of the committee: to ensure the viability of the I-loop while protecting the interests of Lexington subscribers to the A and B cable. In the process of the pursuit of this goal, the committee had become aware of several areas of concern with respect to C'ablevision's suitability as Lexington's cable provider: a financial plan less than desirable for the Town, and Cablevision's less than desirable performance history, even though its record on technical quality is high. The report noted assurances given by Cablevision to offset those concerns as follows: 1. No changes in the Basic Service or rates will be made for eighteen months following the acquisition. 2. Completion of the installation of the A, B, and I cable at properly designated buildings. 3. Not more than six months after acquisition, Lexington will be provided with a set of Proof of Performance testing results. 4. Semi-annual performance testing with a penalty clause for lack of performance. 5. Agreement to work with the Cable TV and Communications Advisory Committee to establish an appropriate complaint procedure and to assure alternate delivery of services to the library in the event of failure of the Institutional Network. The draft agreement with Cablevision was amended to reflect these assurances. Sheila Mahoney, Vice President of Cablevision said that her firm r""'"` recognizes the Town's past problems with Adams-Russell and is committed to correcting them as evidenced by a number of promises beyond Cablevision's usual agreements with towns. She felt that performance standards can be met with the cooperation of the firm's Engineering Department. -2- row A pledge will be made that the basic service rate will remain unchanged for 18 months in an effort to improve the relationship between the company and the Town. Motion was made and seconded to approve the transfer of the Cable Television License from Adams-Russell Cable Services to Cablevision Systems Corporation. Mr. Dailey referred to the two problem areas pointed out in the Committee's report: finances and performance. He recalled promises by Adams Russell officials before its license was approved, to provide service as desired by the Town and the disappointments in several areas which followed. He was concerned with how Cablevision can adequately service the Town and still resolve current problems in other communities it serves. He felt that Lexington could be impacted by Cablevision's obligations elsewhere i.e. its loan agreement with G.E.C.C. and problems and financial troubles in Boston and other communities and that rates here could be driven up to compensate. He foresaw future problems for the Town and asked for additional assurances that they would not arise. Mrs. Smith said she would like an elaboration on the Committee's statement that Cablevision's financial situation is less than favorable for the Town. Dr. DiGiammarino noted Julian Bussgang's explorations which he said had indicated that rate increases and higher penetration resulting in doubled cash-flow would be essential if Cablevision was to be able maid to cope with its overall financial obligations. Ms. Mahoney explained Cablevision's structure with respect to Boston and stated that Cablevision's problems there would not be reflected in its dealings in Lexington. She refuted the Committee's evaluation of Cablevision's level of performance and denied the need for double the cash flow as stated by Dr. Bussgang. Ms. Garofano said that Mr. Dailey's concerns regarding Cablevision's obligations to G.E.C.C. were not warranted. She listed features offered by Cablevision which Adams Russell had not provided and felt that its financial plan had validity. Mr. Mairson again referred to Dr. Bussgang's conclusions that Cablevision's financial commitments would require double cash flow which he felt would be accomplished by rate increases and repackaging of various cable plans. He pointed out that the 18 month guarantee of stable rate would apply only to tier one, not to tiers one and two as originally understood. He recommended that the transfer be denied. Ms. Mahoney agreed that the rate stabilization would apply to tier one only. Mr. McSweeney said that a major concern of his had been that the rate for basic service be kept low and that there would be only nominal increases for that service over the life of the contract. He referred to complaints registered at the October Public Meeting mod about poor customer service by Adams Russell and asked whether there had been improvement. Selectmen's Meeting -3- December 21 , 1987 He also noted that Adams Russell had not been prompt with submission of the required complaint form and said he would assume Cablevision would comply with the requirement. He urged that the revised schedule for the Lexington I-Net Project he adhered to. Regarding the sweeping system, he asked f o r assurance that funds would be available for replacement of equipment as needed. Mr . McSweeney felt that the Board should proceed with the transfer , based on Cat=l e= n e i o n's commitments . Mr . Eddison referred to Cabl ev:s i o r,'e request for a decision on the transfer before January it , but felt that concerns had been only partially resolved. He noted that Mr. Dailey would vote against the transfer based on the two issues he had brought up earlier and that other members had spoken of unresolved problems regarding pricing and financial viability . Mr . Marshall said he saw no way to quickly remedy the concerns stated. He was pleased with the 18--month rate guarantee for basic service, commitment to the Institutional cable service project and other gains and said he would support the transfer and agreement. Mr . White noted that the 11/21 agreement picks up concerns regarding the Basic rate; the Institutional Loop; would allow for accelerated performance testing; would require Cablevision to work with the Cable Committee on an improved complaint procedure; and would provide a procedure to ensure alternate delivery of service to the library in case of failure of the I-Loop. He felt that with time existing constraints, it would be best to vote favorably on the transfer now and recommended that the Cable Committee and Cablevision continue to work together on outstanding issues. Motion having been made and seconded, it was voted 4 -- 1, with Mr. Dailey voting in the negative, to authorize the transfer of license from Adams Russell Cable Services to Cablevision Systems Corporation and to approve, as amended, the agreement with Cablevision Systems, =ub3 ect to review by Town Counsel . Mr . Eddison thanked the Cable Committee for its efforts and the many hours of hard work spent in preparing its recommendations to the Board. DAC WORK PROGRAM, DESIGN PLAN Mr . Eddison referred to the project of preparation of a design plan for Lexington Center and explained the involvement of the Lexington Center Committee and Design Advisory Committee in the process. He noted the "Work Program ;or Design Plan" , developed by the DAC and introduced John Frey , Chairman, n d Norma Bogen, Tom Coffman and Betsy Whitman , members of the DAC, who were present . Mr. Frey outlined his committee e proposal for development by a . consultant of a De=ign Plan , based on a Work Program prepared by the DHC, working in conjunction wi th the Historic Districts Commission, and the LCC. The Committee had felt that because of the time necessary t o develop a Design Plan, it would be neceeeary to hire a consultant to do that work under the supervision of the DAC . -4- He 4 ..He listed the objectives of a Design Plan as follows: To maintain the economic vitality of the Center and insure its compet i veness; 111.0; To encourage a distinctive overall character while respecting the historic nature of the Center To strengthen the Center s pleasant qualities without stifling creative design and marketing innovations. Mr . Frey reviewed the proposed work plan which covered phasing and scheduling of the work program; Scope of Services: Phase I t nven tore and Analysis) and Phase II (Design Guidelines) . Mrs. Ea t t i n, Chairman of the LCC, stated the endorsement of her committee of the DAC proposal , noting that Mr . Eddison had encouraged the revitalization of the DAC and use of its professional design talent in the Town . She felt this step was timely in view of the reconstruction of the burnt out buildings; forthcoming construction of the Minuteman Bikeway and possible offers of memorial gifts, in the Center such as the USS Lexington monuments. She saw the DAC plan as a positive step in Lexington- s future. Mrs. Smith asked if redesign of Emery Park and the School Administration property would be included in the Plan. Mr . Eddison pointed out the importance of first establishing an overall plan with guidelines. The Consultant would not finalize designs but would formulate guidelines and make recommendations. Redesign of these areas, would come within the purview of the study, within limits. Mr . Marshall said he would support the DAC proposal but would want inclusion of a special project, such as Emery Park , in the Plan. The need for a Warrant Article to request funding of $20,000 for •r• the work was discussed. Mr. Marshall noted the high possibility of studies being voted down, when the need for cuts arises, and that this would be one of three studies proposed. He felt that the Article would have a better chance of passing with a specific project included. Mrs . Bogen felt that the study represented the next step as presented in the Center Revitalization Committee's ttee1s report 'Managing Change: Lexington Center" and that it was necessary for the vitality and visual improvement of the Center . Mrs. Ea t t i n pointed out that Town Meeting had been receptive to the plans for improvements to the Center as outlined in the CRC's report , which would be based on the guidelines to be formulated. Mr . McSweeney asked about the possibility of financial support by the Chamber of Commerce. Mrs . Bogen responded that the Chamber will be involved in the LCC Parking Study project and had not been asked about funding of the DAC. proposal . Mr. Dailey pointed out that the Chamber has plans to refurbish the Visitors Center and :.}could be using funds for that purpose this year. In response to questions about using information in past studies to decrease the projected $20 ,000 for the tudY' , Mr . Bogen said that it had been the expert opinion of members of the Committee that that am '•u n t would be t h e minimum. 1 Selectmen's Meeting -5- December 21 , 1987 - Motion was made and seconded to insert an Article in the Warrant for the 1988 Town Meeting requesting funds for preparation of Design Guidelines for the Center , as a Selectmen's Article. t.s Mr . Dailey noted that the vote to insert the Article would not ) necessarily mean Selectmen support of the proposal . ) Motion having been made and seconded, it was voted, to insert an Article, as described in the motion , in the Warrant for the 1988 Town Meeting. FINANCIAL MANAGEMENT REVIEW, MUNICIPAL OPERATIONS Mr . White reported on the request of the Appropriation Committee that he and the Selectmen undertake a financial management review of municipal nperations. He suggested that a consultant be engaged to examine identifiable issues and felt that it would be timely and appropriate to identify all functions performed by both the school and town to see if those functions that are similar can be consolidated into one operation. He saw the need for cooperation by the School Committee and Department in order that the study be successful . He noted that the cost of such a study would be approximately $20,000 and suggested a transfer from the Reserve Fund in that amount . Mr . Marshall said he would not oppose the study if assured of the commitment of the Schools to cooperate in consolidating Town/School functions. Mr . Dailey asked if Town Buildings maintenance could be moved out as an issue to pursue now, with the possibility of a report to the 88 Town Meeting. Mr . White saw a number of Collective Bargaining issues which could cause difficulties, but felt that it was worth trying to separate that issue, as one of the least complex . The matter will be placed on the agenda of the January 13th meeting of the Board with the School Committee and all conciarned committees will be provided with information on the proposal beforehand. Mr . McSweeney noted other areas which could be explored i .e. computer and telephone systems. Mr . O'Sullivan, Appropriation Committee Chairman , referred to Town ownership of school buses in Concord and felt that transportation items might also be looked at . Mr . White said he would also like to focus on the other issues he identified in his message to the Board i .e, finance, data processing, planning and personnel , but agreed that building maintenance consolidation would be an appropriate item to consider first . BEDFORD STREET UPDATE Mr . Eddison reported on a meeting of a Lexington delegation on December 15th with State DPW Commissioner Tierney and State Engineers to attempt to convince the DPW that , based on public need, the Eldred Street access with traffic lights was needed. The immediate reaction of the State had been negative. The Commissioner had stated his belief that the federal Highway Administration and State DPW would not approve the plan presented and had suggested the alternative of cutting the project into two phases: leaving the Eldred Street area as it is for now and proceeding with work on the Hartwell Avenue end. That option will be explored by the BSC and the North Lexingto. | Road Improvement Study Committee and the State will look at current traffic counts in terms of the traffic light issue, Mr . White reported on a preliminary response by Dick Cooke of BS:= on the alternative plan proposed. He felt that phasing would not address the Eldred Street situation and that the Phase I construction would provide an opportunity for U-turns and would create more queinQ problems. - -6- und He had also felt that going to Phase II at a later date would mean some reconstruction of Phase I items and would mean higher costs. Discussion on the matter will be continued when all responses have been received. LEXINGTON GOLF CLUB LIQUOR LICENSE Mr. Eddison noted the application of the Lexington Golf Club for renewal of its Club Liquor License and Common Victualler License and the Alcoholic Beverages Control Commission's refusal to approve the Liquor License because of non-payment of State taxes on food and liquor sold at the Club for several years. Mr. Cohen felt that it would be up to the Club to resolve these difficulties before the December 31st deadline, and suggested approval by the Selectmen subject to resolution of the tax issues. Mr. Dailey said he would prefer that the Board not be involved in the tax situation and recommended approval be given, letting the golf club work out its difficulties with the State. Upon motion duly made and seconded, it was voted to approve the applications of the Lexington Golf Club for renewals of Club Liquor License and Common Victualler License for the ensuing year. LODGING HOUSE LICENSE, WILD ACRE INN The recommendations of George Smith, Health Director, on the suitability of relicensing Wild Acre Inn were noted. Mr. Smith had ommii previously found certain violations of the Health code, which he reported were being corrected, and recommended that the license be renewed but not issued pending a final inspection by his office. Upon motion duly made and seconded, it was voted to approve the application of Wild Acre Inn for renewal of the Lodging House License for the ensuing year, pending final approval of conditions at the premises by the Director of Public Health. MEETING SCHEDULE It was agreed that meetings will be scheduled, as follows: January 4, 11, 25, 27, and February 1,3, 8, and 10, with the possibility that the February 10th meeting will be cancelled if budget review has been completed before that date. ELECTION DATE, 1988 Upon motion duly made and seconded, it was voted to call the Annual Town Election on Monday, March 7, 1988, with the polling places open from 7 a.m. to 8 p.m. It was also voted to call the first deliberative session of the Town Meeting on March 28, 1988, in Cary Memorial Hall at 8:00 p.m. CONSENT AGENDA ONE DAY LIQUOR LICENSE, ARMENIAN SISTERS ACADEMY Upon motion duly made and seconded, it was voted to approve the application of the Armenian Sisters' Academy for One Day Liquor License on Thursday, December 31 , 1967 to 1 :00 a.m. , for a dinner dance to be held in the School Auditorium, 20 Pelham Road. Aft Selectmen's Meeting -7- December 21, 1987 NOTICE OF INTENT, PHILIP ROAD Upon motion duly made and seconded, it was voted to execute the Notice of Intention to Lay Out Philip Road, as approved on December 14, 1987. EXTENSION OF HOURS. CORY'S Upon motion duly made and seconded, it was voted to approve the request of Cory's of Lexington, Inc. for extension of hours of service of liquor on Thursday, December 31, 1987, until 1:00 a.m. COMMON VICTUALLER LICENSES Upon motion duly made and seconded, it was voted to approve applications for renewal of Common Victualler Licenses for the ensuing year, as follows: Lexington House of Pizza Bellino's Bakery, Inc. 399 Lowell Street 141 Mass Avenue Fife and Drum Restaurant Fife and Drum Grill Minuteman VoTech Minuteman VoTech 748 Marrett Road 748 Marrett Road Howard Johnson's Route 128N ARMENIAN SISTERS' TRAFFIC REQUEST Mrs. Smith complimented Mr. Spiers and the DPW for the quick installation of warning signs on Mass Avenue approaching Pelham Road, in the interest of safety to parents exiting Pelham Road from the Armenian Sisters' Academy. She asked that attention be given during winter months of sanding of Pelham Road. AFFORDABLE HOUSING MEETING Mr. Marshall reported that the Chairman of LexHAB, Mr. Hays had suggested a meeting of all agencies involved in promoting the provision of affordable housing. Mr. Marshall suggested a meeting during the first week of January, to which members of LexHAB, the Planning Board, the Equity Sharing Committee, the Housing Needs Advisory Board, Conservation Commission and the Housing Authority be invited. A date of January 6th was agreed upon. BREAKFAST MEETING It was also agreed that a Breakfast Meeting for Committee Chairmen be scheduled for either January 22, or 29, in the Selectmen's Meeting Room, at 7:30 a.m. s`" 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 matters of litigation, with no intent to resume open session. 1 ; LIO0) Upon motion duly made and seconded, it was voted to adjourn at 1O:21 p.m. 71 )(2 A true record, Attest: / a Af- C-469 /4-1--1 r'on • now Executive Clerk f IL Imo