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
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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,
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A true record. Attest; Marion H. Snow
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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
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SFI C'I IS MIMING
May 9, 1988
A regular meeting of the of Sel tmsn was held on Monday,
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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
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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.
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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.
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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
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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.
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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
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SELECTMEN'S MEETING �}
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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.
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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 """