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HomeMy WebLinkAbout1988-05-BOS-min • S 'S ttimviING May 2, 1988 A regular meeting of the Board of Selectmen was held on Monday, May 2, 1988, in the Sel 's Meeting Roan,n, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mr. McSweeney; Mr. White, T wn Manager; Mrs. Snow, Executive Clerk, were present. PUBLIC HEARING, EDISCN, LILLIANROAD CONDUIT Mr. Eddison opened a public hearing on the petition of the Boston Edison Company for permission to install conduit in Lillian Road. Edward Chisholm, representing the Edison Canpany, pointed out the location of 4 new houses off Lillian Road which the installation would service. 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 the Boston Edison Company to install approximately 37 feet of conduit in Lillian Road, 405 southwest of Lowell Street■ running easterly. PUBLIC HEARING, N.E. CtE, ROOK ROAD CONDUIT The Chairman opened a public hearing on the petition of the New W" England Telephone Company for permission to install conduit in Vinebrook Road. Gary S avian■ representing the Telephone Company, explained the need for the installation to provide additional service to Vinebrook Road. There being no comments in favor or opposition■ Mr. Eddison declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plan and orders of the New England Telephone and Telegraph Company to install approximately 45 feet of conduit in Vinebrook Road on the northerly side beginning at pole 155/2 going westerly. MINUTES Upon motion duly made and seconded, it was voted to approve minutes of meetings of the Selectmenon March 30, April 4, and April 6, 1988, as presented. ONE DAY LIQUOR LIC .ITSE, BICENTENNIAL BAND FUND 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, KATAHDIN Tir S, RENTAL NIX 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 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 asking to reduce by f o u r the number of three-- bedroa n units to be replaced by our additional two-bedroan units.Mr. White noted the difficulty faced by the Housing Authority in getting three-bedroom 707 Certificates and the fact that there are more applicants and more need -2- for the two-bedroan 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 four of the one bedroan units to two bedrocm. Mr. Marshall saw merit in Mr. Dailey's suggestion but said he would hesitate to give up the Town's rights to the three bedroan units, as carmitted in the original mix. It was agreed that more information on 707 procedures and data on the 1, 2, and 3-bedroan 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 fran the Pine Meadow Advisory Carmittee after its May 3rd meeting. / - A true record, Attest: Marion H. Snow mid mei / pm. Ltt SELECTMEN'S MEETING May 4, 1988 11 A regular meeting of the Board of Selectmen was held on Wednesday, May 4, 1988, in the Selectmen's Meeting Roam, Town Office Building, at 7:30 p.m. Chairman Eddison, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr. McSweeney; Mr. %bite, Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. ARTICLE 36, PINE MEADOWS Mr. Dailey reported that the Pine Meadows Advisory Committee had met the evening before with Gary Larson and Charles Wyman for discussion of the status of the Conservation Commission's determination of wetlands at the Pine Meadows Golf Course. Mr. Moore has a 10 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 Committee and in two weeks, will return to the Advisory Carraittee with information requested by the Committee on development options for the land. Town Counsel will meet with the Committee 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 went on to say that Mr. Moore has been working with the mu, ad hoc Committee regarding the development of a suitable plan. He felt that Mr. Moore was now probably trying to establish which route the Town will take regarding possible acquisition. The OVA will propose at that night's session of Town Meeting to present a Resolution under Article 36 requesting active measures be pursued to ensure retention of open space and Town control of development. The Resolution also requests the calling of a Special Town Meeting and asks for a townwide 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 purpose of investigating all options possible and to allow for expression of viewpoints of Town Meeting members, 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 notion duly made and seconded, it was voted to adjourn at 7:56 p.m. r1 A true record, Attest: M. ion . Executive Clerk on. • \1 SELECTMEN'S PirgrztiNG K May 9, 1988 J; A regular meeting of the Board of Seldbtmen was held on Monday, May 9, 1988, in the Selectmen's Meeting Roan, 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. MTJZZEY RESALE CAP Chairman Hays, and members David Eagle, Linda Conrad, Jean Gaudet and Marshall Derby of LexHAB, met with the Board for discussion of a requested adjustment to the resale cap on Muzzey condo units. Mr. Hays reported on the inquiry of a unit owner contemplating sale of his condo who has requested an adjustment in the limit on resale price to compensate for the cost of installation of hardwood floors, which he had preferred instead of carpeting. An amount equal to the cost of the carpeting had been allowed him at that time. Mr. Hays referred to previous discussion with the Board on possible waivers of the cap in the case of necessary capital improvements to the Muzzey building. He asked for a sense of whether the Board would want to deal with pm. 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 embelishments desired by unit owners would eventually rive the units from the affordable class and was unsympathetic 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 guidance on the issue of cap adjustment in a broad sense and that the Board feels strongly that the cap system should remain in effect. He felt that the Board would not want to consider individual requests for adjustments. KATAHDIN WOODS RENTAL MIX Mr. White referred to the request of the developers of Katandin Woods for change in the rental mix of apartments dedicated to Town use, as discussed on May 2. The matter will come before the Board of Appeals on May 12. Mr. White felt that the Town should retain its rights to purchase units as originally designated and that Mr. Dailey's suggestion of upgrading one-bedroam units to two-bedroan units to make up for bedrooms lost in a decrease of the number of three-bedroom units should be considered. '77 -2- Upon notion duly made and seconded, it was voted to recommend to the Board of Appeals that the changes in rental mix be implemented by upgrading a corresponding number of one-bedroan units to two-bedroam units to compensate for loss of roams in the decrease of the number of three-bedroom units. It will also be recommended 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. JULY 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 CONTRACT #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 Improvements, Sewer System Rehabilitation, on the basis of Alternate B in the anount of $249,090 to D & C Construction Caripany, subject to the approval of and grant increase from the Mass. Division of Water Pollution Control and Town Counsel's approval as to bid form. I:MUES woof 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. SMOKING REGULATIONS Letter from the Board of Health dated April 28, 1988, proposing amendments to the Health Board's Regulations restricting smdking 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 amendment should be explored further, i.e. restrictions on private 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. COMMITTLL APPOINTMENTS Mr.. Marshall asked that appointments to the Traffic Safety Advisory Committee and Town Celebrations Committee be postponed pending opportunity for Board discussion of the general structuring of Committees. It was agreed that the matter will be taken up at the Board's Goal Setting Meeting. CCNSENT AGENDA RESIGNATION, TOWN CELEBRATIONS CCMM1TTLL Upon notion duly made and seconded, it was voted to accept the Iwo resignation of Dawn E. Dziokcnski, as a member of the Town Celebrations Sub-committee, effective immediately. Selectmen's Meeting -3- May 9, 1988 COMMIT■ STREET OPENING PERMITS Upon motion duly made and seconded, it was voted to approve the commitment itment o f Street Opening Permit Fees in the amount of $626.50. LIMOUSINE LICENSES Upon motion duly made and seconded, it was voted to approve the applications of Charles E. Parks, 10 Hawthorne Road for renewal of Limousine Licenses for Limousine Service for two vehicles. CERTIFICATE OF COMPLETION, FRANELIN 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 Town of Lexington and the Franklin School Housing Limited Partnership, has been substantially completed. PINE MEADOWHGOLF 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 pioni 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 Committee will meet with the Board later in the month. Upon notion duly made and seconded, it was voted to adjourn at 7:55 p.m. 7/ A true record, Attest: Marion H. Snow Executive Clerk (A /al N('N SELECTMEN'S MEETING May 16, 1988 A regular meeting of the Board of Selectmen was held on Monday, May 16, 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, MIA 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, 1988. VACANCY, TRUSTEES OF PUBLIC TRUSTS Mr. Eddison noted that a candidate to fill the position of Frank Parrish as a Trustee of Public Trusts is needed and asked that Board members inform Mr. White of any suitable candidates. Mr. Marshall suggested that the balance in Committees and the general appointment process be discussed at the Board's Goal 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 II 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 00. 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 facilities 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 by the Air Force and the possible use of Defense Access Highway funds for improvement to regional roads had been discussed. He reported on the formation of a committee comprised of the Selectmen from the four towns who will work on development of recommendations on steps to be taken by the towns for presentation to HATS at its next meeting. Mr. Eddison said suggestions on these procedures from Board members would be 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 duly 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 Management of Boston, North, as awarded on April 11, 1988. 1-DAY 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: dimmi 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 Ma i rson 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 Cablevisions Systems Corporation, which had been prepared by the Committee was reviewed. The letter cited instances of actions by Cablevision with respect to retiering of program packages, new rates and inadequate notice to subscribers. The letter was revised to direct Cablevision to deal with the Cable Committee, as advisors to the Selectmen, on a l l 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 Cablevision Systems Corporation, and to authorize Paw Mr. Eddison 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. DiGiammarino, 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. Eddison in expressions of admiration for her performance. 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 land negotiation, litigation and collective bargaining, with no intent to resume open session. ppm Upon motion duly made and seconded, it was voted to adjourn at 9:50 p.m. A true record, Attest: (7/(1f;1w6:4), Marion H. Snow Executive Clerk C ‘.7 1 SELECTMEN'S MEETING t May 23, 1988 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 P,,,,,m 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 21. 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 own 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 moo 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. MINUTES Upon motion duly made and seconded, it was voted to approve, as awe presented, the minutes of the Selectmen's Meeting on May 4, 1988. f 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 *me