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HomeMy WebLinkAbout1988-05-BOS-minr S 'S MMING : May 2, 1988 A regular meeting of the Board of Selectmen was held on Monday, May 2, 1988, in the Selectmen's Meeting Rom, Town Office Building, at 7:30 P.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mrs. Snow, Executive Clerk, were present. PUBLIC HEARING E DISCN, _ LTTLIAN ROAD CONDUIT Mr. Eddi son opened a public hearing on the petition of the Boston Edison Carpany for permission to install conduit in Lillian Road. Edward Chisholm, representing the Edison Ccmpany, pointed out the location of 4 new houses off Lillian Road which the installation would service . There being no camnents 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 the Boston Edison C:a pany to install approximately 37 feet of conduit in Lillian Road, 405 southwest of Icw ell Street ■ running easterly. PUBLIC HEARING N . E. TELEPHCNE ROOK ROAD CONDUIT The Chairman opened a public hearing on the petition of the New England Telephone Carpany for permission to install cmduit in Vinebrook Road, Gary S avian ■ representing the Telephone Canpany, explained the need for the installation to provide additional service to Vinebrook Road. There being no carments in favor or opposition ■ Mr. Eddison declared the hearing closed. VL Upon motion duly made and seconded, it was voted to approve the petition, plan and orders of the New England Telephone and Telegraph Cmpanr y to install app - cx ately 45 feet of conduit in Vinebrook Road on the northerly side beg at pole 15512 going westerly. Upon motion duly made and seconded, it was voted to approve minutes of meetings of the Selectmen on March 30, April 4, and April 6, 1988, as presented. C7NE DAY LIQUOR LICENSE , BI 7 M AT BAND F= RAISER Upon motion duly made and seconded, it was voted to approve a one Day Liquor License on May 7, 1988, for a Fund Raiser to be conducted by the Bicentennial Band in Kielty Hall, 2001 Mass. Avenue, ,KATAHD W RENTAL M Mr. white informed the Board that in a letter received by the Board of Appeals fran Attorney Erik Lund, a request had been made by POW developers of the Katandin Woods housing complex for a change in the rental unit mix of affordable apartments pledged to Town use. The developer is ask ' to reduce by f o u r the number of three -- bedroam units to be replaced by our additional two-- uni ts.Mr, white noted the difficulty faced by the Housing Authority in getting three- bedroam 707 Certificates and the fact that there are more applicants and more need 47 i4 -- F for the two- bedroam units. The Authority would support the developer's request for those reasons. Mr. Dailey said that he would be in favor of the proposal if the developer would upgrade f our of the one bedroan units to two bec7rocxm. Mr. Marshall saw merit in Mr. Dailey's suggestion but said he would hesitate to give up the Town's rights to the three bedroom units,, as ca mitted in the original mix. It was agreed that more information on 707 procedures and data m the 1, 2, and 3-- bedroom mix as it stands were needed. Discussion will continue at the May 4th meeting. ARTICLE 36, PINE MEADOWS It was agreed that Mr Dailey will propose to Town Meeting that Article 36 be delayed to allow time for input frc n the Pine Meadow Advisory Ccmmittee after its May 3rd meeting, 6 r A true record. Attest; Marion H. Snow r s S S 141EETING. May 4. 1988 A regu lar meeting of the Board of Selectmen was held on Wednesday, Ma y 4 • 19 88 , in the Selectmen's Meeting Roan j , Town office Building . at 7; 30 P .m. Chairman Eddison, Mr. Marshall ■ Mr. Dailey, Mrs. Smith Mr. Mc y; Mr. Whit o, Town Managers Mr Cohen r Town Counsel; Mrs. Snow, Executive Clerk, were present. ARTICLE 36 ■ PINE MEADOWS Mr Daile y reported that the Pine Meadows Advisory 'ttee had met the evening before with Gary Larson and Char les for discussion of the status of the Conservation Canmission' s detexmination of wetlands at the Pine Meadows Golf Course. Mr. Moore has a to day appeal period on the findings that 7/10 acre is considered to be wetland Architect Gary Larson and Peter Nichols will be working with the Planning Board's ad hoc Pine Meadows Cammiittee and in two weeks, will return to the Advisory C with information requested by the CM on development options for the land. Town Counsel will meet with the Can ittee to provide information as to the 120 day right of first refusal period and the Town's options under Chapter 61B of the General Laws. Mr. Dailey ent on to say that Mrs Moore has been working with the y � a suitable lan ad hoc Ccnnittee regarding the develognent of . He felt P that Mr. Moore was now probably trying to establish which route the Town will take regarding possible acquisition. The TM will propose at that night's session of Town Meeting to P resent a Resolution under Article 36 requesting active measures be pur sued to ensure retention of open space and Town control of development. The Resolution also requests the calling of a Special al Town Meetin g and asks for a towrxwide vote on overriding Proposition 2 1/2 if Town Meeting votes in favor of acquisition. It was agreed that a Special Town Meeting should be called for the purpos of investigating all options possible and to allow for exp ression of viewpoints of Town Meeting s, but that it should be made clear that the Selectmen's intent would be only to explore all alternatives and would not necessarily be in favor of acquisition of the golf course. Upon motion duly made and seconded, it was voted to adjourn at 7:56 p.m. A true record, Attest: M ion s Sn Executive Clerk F E �k S SFI C'I IS MIMING May 9, 1988 A regular meeting of the of Sel tmsn was held on Monday, � g May 9 1988 in the Selectmen's Meeting Rom, Town office Building, at 7:30 P .m. Chairman Eddison■ Mr. Marshall■ Mr. Dailey, Mrs. Smith, Mr. McSween Mr. Whit Tawas Manager; Mr, Cohen Town Counsel; Mrs. Snow, Executive Clerk were present. MUZZEY PFSALE CAP Chaimlan Hays. and members David Eagle, Linda Conrad ■ Jean Gaudet and Marshall Derby of L met with the Board for discussion of a requested adjustment to the resale cap on Muz z ey condo units. Mr. Hays reported on the i of a unit owner contemplating sale of his condo wbo has requested an adjustment in the limit on resale rice to to for the cost of installation of floors r P which he had preferred instead of c arpetin g . An amount equal to the cost of the carpeting had been allowed him at that time. Mr. Hay referred to previous discussion with the Board on possible waivers of the cap in the case of necessary capita 1 improvements to the Muz z ey buildinng . He asked for a sense of whether the Board would want to deal with the issue on a broad scope rather than making decisions on a case by case basis, as future requests are made. Mr. Marshall reported that he had met with Attorney Kelley who is concerned with settling the issue. Mr. Marshall felt that adjustments made for costs related to embeli sh ents desired by unit owners would eventually resnmave the units "CILL the affordable class and was uns y npa thetic with such requests. He acknowledged that needed construction to correct building deficiencies might justify same easing of the cap. Mr. Dailey and Mr, McSweeney also felt that approving this request would set a poor precedent and shared Mr. Marshall's sentiments regarding major building construction items as a basis for an adjustment. Mr. Eddison said that the Selectmen would look to LexHAB to provide 'dance on the issue of cap adjustment in a broad sense and that the Board feels strongly that the cap system should remain in e f f ect . He felt that the Board would not want to consider individual requests for adjustments . KATAHDIN Ti]5 RIIRTAL MIX Mr. White referred to the request of the developers of Katandin Woods for change in the rental mix of apartments dedicated to Tawn use, as discussed on May 2. The matter will came before the Board of Appeals on May 12. Mr. White felt that the TOM should retain its rights to P urchase units as originally designated and that Mr. Dailey's suggestion of upgr ading cane - bedroom units to two-bedroom uni ts to make up for bedroans lost in a decrease of the .11LULIber of units should be considered. 7% 2- Upon motion duly made and seconded, it was voted to recaunend to the Board of Appeals that the changes in rental mix be implemented b upgrading a corresponding number of one-bedroam. units to two- bedroam units to compensate for loss of roans in the decrease of the number of three-bedrocin units. It will also be reccnziereed that the Town's rights to purchase units as designated in the original mix be retained. Mr. White will transmit the Board's recommendations to the Board of Appeals, JMY 4 CARNIVAL Upon motion duly made and seconded, it was voted to approve the request of the Lexington Lions Club for use of the Center Fields for the Fourth of July Carnival to be held on June 30, July 1, 2 3 and 4 1988. ► I & I CONTRACr #87 -1 Upon motion duly made and seconded, it was voted that the Board of Selectmen of the Town of Lexington intends to award Contract #87 -1 Wastewater Collection System Improvemments, Sewer System Rehabilitation on the basis of Alternate B in the amount of $249,090 to D& C Construction Company, subject to the approval of and grant increase fran the Mass . Division of Water Pollution Control and Town Counsel's approval as to bid form.. MINUTES Upon motion duly made and seconded, it was voted to accept as presented the minutes of Selectmen's Meetings on April 11, and April 13, 1988. SNICKING REGUIATICNS 4 Letter tram the Board of Health dated April 28, 1988, proposing amendments to the Health Board's Regulations restricting smoking in food service establishments, was noted. Mr. Marshall said he would be happy to support the proposal to decrease the smoking area in restaurants, but felt that some aspects of the t should be explored further, i.e. restrictions on P rivate functions in civic organization facilities. It was agreed that because of lack of time in which to consider the issue, no position would be taken by the Board, CQMETTEE APPO DMENTS Mr. Marshall asked that appointments to the Tra f f is Saf ety Advisory Committee and Town Celebrations Committee be postponed pending opportunity for Board discussion of the general structuring of Ccuinittees. It was agreed that the matter will be taken up at the Board's Coal Setting Meeting, Now , CONSENT AGENM RESIC IMATION ■ TOWN ORATIONS COMMITTEE Upon motion duly made and seconded,, it was voted to accept the resignation of Dawn E. Dziokonski, as a member of the Torn Celebrations Sub- cammittee ■ effective ' ' ately. a It 411 Selectmen's Meeting -3-- May 9. 1988 COMMIT ■ RNZEEr OPENING PERMITS Upon motion duly made and seconded, it was voted to approve the cammitment of Street Opening Permit Fees in the amount of $626.50. LIMOUSINE LICENSES Upon motion duly made and sec , it was voted to approve the applications of Charles E. Parks, 10 Hawthorne Road for renewal of Limousine Licenses for ' sine Service for two vehicles. cl; - IFICATE OF COMPLETION, FPANFLIN SCHOOL Upon motion duly made and seconded, it was voted to approve a Certificate of Completion signifying that construction of improvements ■ as defined in the Land Disposition Agreement of December 17, 1985, between the T own of ' gton and the Franklin School Housing Limited Partnership, has been substantially campleted. PINE NEADOW GOLF COURSE It was reported that a letter dated May 5, 1988, had been received from Mark Moore giving notice that recreational use of the Pine Meadows Golf Course and will be discontinued and that Pine Meadows Country Club Inc. intends to convert the land to residential use. The Town will have until September 3. 1988 to take action on exercising its right to purchase. It was agreed that a date for a Special Town Meeting will be established within two weeks. The Pine Meadows Advisory Canmittee will meet with the Board later in the month. Upon motion duly made and seconded, it was voted to adjourn at 7:55 . P.m. A true record, Attest: J 1 � Marion H. Snow Executive Clerk L L. SELECTMEN'S MEETING May 15, 1988 A regular meeting of the Board of Selectmen was held on Monday, May 15, 1988, 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. _TRANSFERS FROM RESERVE FUND & ARTICLE 5 Upon motion duly made and seconded, it was voted to approve the following transfers from the Reserve Fund: To Fire & Police Medical (Acct. #02- 005 -108) $ 7,500,00 To DPW Personal Services (Acct. #01-- 304 -5130) $32,000.00 To Legal Services (Acct. #01 -45- 128 -5304) $60,000.00 It was also voted to approve a transfer of funds from Article 5 to DPW Personal Services in the amount of $20,000.00 CONTRACT #88 -9, WATER MAIN CONSTRUCTION Upon motion duly made and seconded, it was voted to award Contract #88 -9, Water Main Construction to Paol i n i Corporation, 103 Adams Street, 'EM Newton, in the amount of $402,608.48, awarded on the basis of Alternate A. MINUTES Upon motion duly made and seconded, it was voted to approve minutes of Selectmen's Meetings on April 25, April 27, and May 2, 19580 VACANCY, TRUSTEES OF PUBLIC TRUSTS Mr. Eddison noted that a candidate Parrish as a Trustee of Public Trusts is members inform Mr. White of any suitable suggested that the balance in Committees process be discussed at the Board's Goal to fill the position of Frank needed and asked that Board candidates. Mr. Marshal 1 and the general appointment Setting Meeting. APPOINTMENT, EXECUTIVE CLERK Upon motion duly made and seconded, it was voted to reappoint Marion H. Snow as Executive Clerk, for a term of office to expire on Ma r. 31, 1989. HATS II MEETING, HANSCOM DEVELOPMENT Mr. Eddison reported on the May 5 meeting of HATS I I with Colonel Seifert and Ed Shamon of Hanscom Air Force Base at which plans for future development at the Base were presented and discussed. The Air Force is proposing construction of four large buildings with total floor space of 1,000,000 square feet which will house 2,200 additional workers and require parking for 1,500 cars. The Air Force contends that the additional f a c i l i t i e s are needed to locate Air Force workers on base rather than in leased buildings located off base, With respect to relief in traffic congestion resulting from the relocation, Mr. Eddison noted that the buildings now occupied by the Air Force workers will subsequently be filled with others when vacated. � ) -2- A transportation study being conducted use of Defense Access Highway funds for had been discussed. He reported on the formation of a Selectmen from the four towns who w i l l recommendations on steps to be taken by HATS at its next meeting. Mr. Eddison procedures from Board members would be by the Air Force and the possible improvement to regional roads committee comprised of the work on development of the towns for presentation to said suggestions on these welcomed, CONSENT AGENDA COMMITMENT OF WATER, SEWER CHARGES Upon motion duly made and seconded, it was voted to approve commitment of water and sewer charges, as follows: Cycle 9 Water Bills, May, $49,262,46 Final Water Bills, April, $ 879.19 Final Sewer Bills, April, $ 840.40 MASONS HOLLOW CONSERVATION RESTRICTION Upon motion du y made and seconded, it was voted to accept a gift conservation restriction at Masons Hollow, Massachusetts Avenue, from Mark Moore, Moore Homes, Inc. TRASH REMOVAL CONTRACT Upon motion duly made and seconded, it was voted to execute a 3 -year contract for Trash Removal, Transport and Disposal to Waste "Now Management of Boston, North, as awarded on April 11, 19880 1 -CLAY AUCTIONEER LICENSE Upon motion duly made and seconded, it was voted to approve the application of Frank LoPi l ato , Frank's Antiques, for one -Day Auctioneer License on Saturday, June 11, 1988, to conduct an on -site antique auction at the Ford Estate, 516 Mass, Avenue, from 9 :00 a.m. to 5:00 p.m. CATV/COMMUNICATIONS COMMITTEE Mr. McSweeney referred to a proposed Charge to the Cable Television and Communications Committee, which had been developed to describe the scope of duties of the Committee. Mr. Mairson and Mr. Bussgang, CATV Committee members were present. It was agreed that the Committee would oversee the performance of Cablevision Systems and would work with the company on problems encountered. A report would be submitted annually to the Selectmen. Mr. McSweeney recommended that staggered terms of 1, 2, and 3 years, be initially designated to the members of the Committee, with appointments/reappointments to be made on September 30 of each year. The Committee would be limited to not more than nine members and subsequent terms would be for three years. Upon motion duly made and seconded, it was voted to appoint members to the Cable Television and Communications Advisory Committee, as follows: Z Selectmen's Meeting -3- May 16, 1988 Frank DiGiammarino 1 year term to 9/30/89 Julian Bussgang 1 year term to 9/30/89 Theodore Mairson 2 year term to 9/30/90 Kenneth Arnold 2 year term to 9/30/90 John Ward 2 year term to 9/30/90 William Spencer 3 year term to 9/30/91 Martha Stanton 3 year term to 9/30/91 Stella Liu 3 year term to 9/30/91 A draft letter to Sheila Mahony, , Vice President of Cabl ev i s i on s Systems Corporation, which had been prepared by the Committee was reviewed. The letter cited instances of actions by Cabl evi s i on with respect to retuering of program packages, new rates and inadequate notice to subscribers. The letter was revised to direct Cabl ev i s i on to deal with the Cable Committee, as advisors to the Selectmen, on all matters relating to cable TV in Lexington. Reference to the recent "Norwood" decision by the Supreme Judicial Court to uphold a rate freeze provision in its contract with Adams Russell would be deleted. The Committee was asked however to explore further the Norwood case and what was entailed. Upon motion duly made and seconded, it was voted to approve, as revised, the letter to Cabl evi si on Systems Corporation, and to authorize Mr. Eddi son to sign the letter on behalf of the Board of Selectmen. It was also voted to authorize the Cable Committee to act for the Selectmen in monitoring and exploratory procedures relative to Cable TV in Lexington. The Committee would refer all matters requiring action to the Selectmen. Mr. McSweeney, on behalf of the Committee's Chairman, Dr. Di Gi ammari no , thanked the Selectmen for their interest and cooperation with the Committee in its efforts. He also expressed appreciation to the Cable Committee for its hard and thoughtful work on Cable issues. ADLER RESIGNATION Mr. Eddison noted that Susan Adler, Assistant to the Town Manager, will be resigning as of June 3rd. He felt it appropriate for the Selectmen, at that time, to express their appreciation for Ms. Adler' s fine service and many contributions to the Town. Board members joined Mr. Eddi son in expressions of admiration for her performance. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 - D by roll call vote: Mr. Eddi son , Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney, to go into Executive Session for discussion of matters of land negotiation, litigation and collective bargaining, with no intent to resume open session. � Upon motion duly made and seconded, it was voted to adjourn at 9:50 p.m. A true record, Attest: Marion H. Snow Executive Clerk r SELECTMEN'S MEETING �} d i r� May 23, 19 8 8 A regular meeting of the Board of Sele tmen was held on Monday, May 23, 1988, 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. GOLDEN CANE AWARD David Williams, Dana Home Board of Trustees, was present for the presentation of the Golden Cane Award. Mr. Williams gave the history of the award from 1909 to 1931, and the new program initiated by the Lexington Minute -Man and the Council on Aging whereby a cane will be awarded each year to a resident of 80 years of age or more who reflects an active, creative and caring approach to the so- called retirement years. Chairman Eddison read the Selectmen's proclamation of Edith Cheever as the first recipient of the Minute -Man Cane and listed her accomplishments and qualifications in many areas of volunteerism. Mrs Cheever was awarded the cane, which had been donated by Christopher Venier, by Judy Wasserman, Editor of the newspaper. Dorothy Boggia, of the Council on Aging, expressed the best wishes of the Council and presented her with flowers. PINE MEADOWS ADVISORY COMMITTEE Margaret Rawls, Chairman of the Pine Meadows Advisory Committee, met with the Board for discussion of the timing of a Special Town Meeting. It was agreed that the Meeting should be held as late in the summer as possible while still allowing time for procedures relative to the Ch. 61B option. Dates in mid July were considered and it was agreed that final decision on a date would be made at the June 6 meeting. BLUE CROSS /BLUE SHIELD CONTRACT Mr. White reported that Blue Cross /Blue Shield insurance payments will be increased by 40% for this coming contract year, 10% of which is due to additional benefits mandated by the passage of the universal health care bill. The Manager will pursue the issue of such mandated costs under the constraints of Proposition 2-�. RESERVE FUND TRANSFERS Upon motion duly made.and seconded, it was voted to approve transfer from the Reserve Fund to Acct. #01- 700 -- 150 -5910, Interest on Temporary Loans in the amount of $14,000.00 and to Acct. #01 --25- 143 -5325, Financial operations, in the amount of $7,500.00 WATER /SEWER RATES OMR Mr. White informed the Board of his plans for a Public Information Meeting on June 20th for presentation of proposed rate hikes in residential Water and Sewer Rates. Richard Spiers. Director of Public Works, and William Hadley, Supt., Sewer /Water Division, were present for the discussion. � 2 - Mr. White reviewed memoranda prepared by Mr. Hadley on "Water Rates" dated May 19, 1988, and "Rate Increase /Fee Structure" dated May 2, 1988. Procedures followed by Lexington and other MWRA communities with respect to unpaid water /sewer bills were outlined for information regarding changes in Demand Notice Charges and Interest on Delinquent Accounts to be proposed for FY89. Mr. White referred to the provision of Lexington water to the Town of Bedford at residential rates and issue of whether the MWRA will continue to authorize this practice. He noted that the MWRA is urging Bedford to enter into a long --term water supply with Billerica as soon as possible. In the light of the probability, Mr. White proposed basing calculations on increased water charges to Lexington residents without inclusion of Bedford revenue, which amounts to approximately 30% of the Town's Water account. Plans to increase water charges to the Air Force at Hanscom Field, currently being charged at the wholesale rate were discussed. It was agreed that Hanscom will be given the required 2 -year notice that water rates there will be raised to residential levels in 1990. Among other issues to be discussed at the June 20th meeting will be single vs. double metering; changes in billing cycle; and step rates for high users. Mr. White complemented Mr. Hadley for his excellent reports and for the information provided at that night's meeting. MTNTTTES Upon motion duly made and seconded, it was voted to approve, as wo o presented, the minutes of the Selectmen's Meeting on May 4, 1988. MEETING SCHEDULE It was agreed that meetings of the Selectmen will be held on June 6, June 20, June 27, and July 11, at 7:30 p.m. COMMITMENTS, SEWER, WATER CHARGES Upon motion duly made and seconded, it was voted to approve the commitment of water charges, Town wide billing, in the amount of $503,476.56 and of sewer charges, Town wide billing in the amount of $456,584.16. 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 and land negotiation, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9:50 P.M. � A true record, Attest: Marion H. now Executive Clerk """