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SELECTMEN'S MEETING
December 19, 1988 �
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A regular meeting of the Board of Sel ectmen as held on Monday,
December
10 , 1988 , 4 1 n the del ectmen' s Meeting Room Town Office Building,
at 7:30 p.m. Chairman 5mi th, Mr. Marshall, Mr. Eddi son , Mr. Dailey, Mr.
McSweeney; Mr. . White, Town Manager,
�!r . Cohen, Town Counsel; Ms. Radway, ,
Asst. to the Town Manager; Mrs ., Snow, Executive Clerk, were present.
OFFICER LINDA HARMS, L.P.D.
Police Chief Paul Furdon was present to introduce to the Board the
Town's newes Police Off i'cer , Linda Harms . The chief noted that Officer
Harms had been fourth in her class of 33 at the Police Academy where she
recentl graduated. He predicted a future of notable accomplishment for
Officer Harms as Lexington Police officer and felt that the Town was
Fortunate to have an officer of such high caliber on the Force.
M I �';I�TES
Upon motion duly made and seconded, it was voted to approve the.
minutes of Selectmen's Meetings on October 31 and November ? , 1988, as
presented and the minutes of November 14, 1988, as amended.
LTCENSE RENEWALS
Upon motion duly made and seconded, it was voted to approve
OWN% applicati for renewal of licenses for 1989, as follows:
Ccaum Victualler
The ]Kitchen, Inc, Friendly Ice Cream Corp,
363 Mass. Avenue 60 Bedford Street
7 ,w r± rf
•..-•i ;1 Y •4 `+4.a�.F
438 Bedford Street
F
1060 tivaltro n S treet
Pewter Pot
1710 Mass, Avenue
Lexington Donuts, Inc.
373 Waltham Street
Fife & Drum Girill
m Vo — Tech
748 Marrett Pt ad
Pine Meadcws Country Club, Inc.
Cedar Street
#. k Lexi n gton Golf Club, Inc,
55 . , :,.1 ? Street
Cor y's s of '
r`y gton. Inc.
20 Waltham Stmt
Marri Corp . /Roy Rogers Rest.
Rt. 128 North
Bellino's Bakery, Inc.
141 Mass, Avenue
Alexander's Pizza
180 Bedford Street
Lexin gton house of Pizza
399 Lowell Street
F - f e & Drum Restaurant
tiii..nutntan Vo -Tech
7 4 $ ��arrett Roa��
,J9
Ca mon carrier
Boston 'Furs
..
3 Arca S treet
Waltham, MA 02154
Dee Bus Service
54 Orchard St.
Vest concord, %a 01742
4
Coin ated Video Games
Lex . Lodge of Elks ( 2 Lic . )
a D 9 y yal team Street
Hayden Recreation Ctr. d Lic.)
24 Lincoln Street
Entertainment
Hartwell House Inc,
94 Hart% -7el l Avenue
A Yankee Line Inc,
370 West First Street Sheraton Lexington Inn
►
50.
Boston r 02127 727 Marrett Road
James H. McCarty Limousine Service, Inc
P.O. Box 327 -
64 Mechanics Stree, Leominster, MA
Innkeener
Sheraton gton (; ara )
727 Marrett Road
Battle Green Inn
1720 I -las Avenue
Days Inn Lexington
440 Bedford Street
Class I
7!, 3 to Fes` ''�cT �! ' " LIT
-ated Partnership
436 T4 a=ett read
Lexington Subaru, Inc.
581 Marrett Road
Lexington Toyota
409 Mass. Avenue
Lodcring House
Wellington House
Middlesex County Hospital.* 1 S
.
Wellington Lodge
Middlesex County Hospital, tijalnut St,
Wellington cottage
Middlesex county Hospital, lialnut St.
Wild Acre Inn
50 Percy Road
Class III
John P. Carroll company
Selectmen's Meeting -3- December 19, 1988
OMM A PPO T NTMENT T4 CATV COI!! I TTFE
Mrs. Smith noted the application for appointment to the Cable TV
a nd Communications ,I�dvi soar v Cofr-m ttee of Sidney Wh i ti na and proposed
that he be appointed to fill the vacancy left by the resignati of
Kenneth Arnold. She felt that Mr. Whiting's TV business experience and
other strengths would contribute greatly to the work of the Committee,
Mr. Marshall pointed out that Mr. Whiting is associated with a
cable company and asked that information be provided as to the nature of
Mr. Whiting's company's relationship with Cabl ev i s i on Systems before
Action on his appointment to the Committee is taken.
P . A . R . REAP PO I NTMFNTS
Upon motion duly made and seconded, it was voted to reappoint the
following as members of the Personnel Advisory Board for terms of office
to expire on SEptember 30, 1941:
Lewis M. Rambo, 26 Taft Avenue
Deborah R. Myers, 71 Freemont Street
Jason Berger, 9 glen Road
Charlotte H. Evans, 36 Va i l l e Avenue
Mr. Dai ley referred to instances during the past year when the
i_ i brary Trustees had been given valuable assistance by the Personnel
00% Board. Mr. White said that he could foresee great need for the advice
of the Beard during the com ing year because of the employment issues
that are expected to arise.
CONSEMT AGENDA
COMMTTMENTS
Upon motion duly made and seconded, it was voted to approve the
Commitment of the following Charges:
f
St�etpeni O pening t fees 497.5n
ti� %.- :
Water Charges, November final bills ($6,073.66)
Sewer Charges, November final bills ($5,9,69.44)
Cycle 9 Water Charges, December ($66,413.55 & $1,633,07)
EXTENSION OF HOURS, SHERATON /TARA
Upon motion duly made an seconded, it was voted to ratify the poll
vote on December 14, 1988 approving the request of Sheraton Lexington
Motor inn (Tara) for extension of hours on December 31, 1988, to 1 :00
a.m.
ABATFMENT, 77 HILL STREET
Upon motion du y made and seconded, it was voted to approve the
abatement of Sewer Charges for property at 77 Hill Street in the amount
of $68.PO, for a residence not connected to Town Sewer.
,a•. EXTFNS I ON OF HO1�RS , K. of C .
Upon motion dul v rude and seconded it was voted to approve the
request of the Kn i aEhts of Columbus for extension of hours to 1:00 a.m.
on December 31, 1985, in Heritage Hall.
!8I
WV
STATE BUDGET DEFICIT
Mr. White referred to a letter from the Acting Executive Director
of the MMA regarding the current State fiscal crisis, and to "Now
communication from DFQE regarding potential delays and reimbursement
payments for water supply and water pollution grants. He noted that the
Town has almost $250,000 worth of grant reimbursements outstanding and
although he felt that there would be minor financial impact on
Lexington, he saw the trend as iust the beginning of a series of State
actions which w i l l attempt the sharing of some of the State fiscal
crisis with municipalities. Mr. White will predict less State Aid for
Lexington in his budget.,
AMBULANCE ABATEMENTS
Mr. White asked that the Board approve the abatement of Ambulance
Charges which he and Chief Bergeron consider to he uncol l ecti bl e for a.
variety of reasons, reported by the Ambulance Claims Service,
Upon motion duly made and seconded, it was voted to approve
abatement of ambulance charges in the total amount of 5 232 . oo , as
recommended by Chief Rergeron,
DRUGS AND ALCOHOL Pn[_ T CY
Mr. White informed the Board of new developments in the preparation
of a drug and alcohol Memo of Understanding between the Police and
School Departments. The Drug and Alcohol Working Committee has been
expanded to facilitate the addition of a 5th column in the Memo to
provide for a process of counseling and professional referral -'or school
children with substance abuse problems. ..w
The Board questioned the use of the designation of "5th column" and
l el t that it might result in unfavorable public reaction in some
quarters because of the generally accepted definition of the term which
had meant "undermining of efforts" in years past. The phrase will be
cep i acea by G - i dnguage .
ARTICLE 5 TRANSFERS
Upon motion duly made and seconded, it was voted to approve
transfers from Article 5 of 1988 to operating Budgets in the amount of
X344,266.83, to cover payment of salaries which had been implemented as
of July 1, 1985 and reflecting adjustments for all management, clerical,
public works and firefighters.
Mr. White noted that an additional $135,733 remains in Article 5
for a potential police settlement.
BUILDING DEPARTMENT REDRGAN I ZATTON
Mr. White noted that upon the resignation of the Building
Inspector, Phil Harris, he intends to implement a reorganization of the
department's structure, To this point., zoning enforcement and building
inspection has been shared equally by the Ruilding Commission and the
Tnspector, but in some cases the emphasis has been placed on inspection
duties as opposed to zoning enforcement. Pe is considering having the
Commissioner handle all inspection functions and designating the
Inspector as Zoning Enforcement Officer, taking care of referrals from
the Police and residents. He asked the Board's view on the proposed
change in structuring,
j $ a-
Selectmen's Meeting 005- ! ecember 19, 1 -88
All agreed that the new arrangement showed promise and urged speed
with the process to allow for i mpl Pmentati on of it.
. LEXINGTON CIVI r A'SgOCiATION
Joy Buchf i re was as present for discussion with the Board of issues
of concern to the S Lexington Civic Association including improved
enforcement of orders of Conditions; Cabl evi s i on System's service to the
Town; and a possible amendment to the General By -Law regarding
construction noise.
Alan Wade of 514 Concord avenue spoke of the need for an employee
whose job it would be to keep track of findings and conditions issued by
various Boards and to make sure of compliance. He said he would support
a proposal to fund the job of a rode enforcement officer. Mrs. Smith
saw the danger of approaching a police state with that sort of
monitoring , noti nq that such a person would have to be extremel y
sensitive to issues.
Louise Kava saw the need to provide an additional impartial
interpretation of traffic consultants' studies when traffic studies are
submitted by developers and requested the retaining of a consultant to
provide that service. Mrs. Smith poi nted out that professionally done
traffic studies have for quite some time been evaluated by the Town
Engineering Dept. and noted that traffic consultants are also asked to
include consideration of proposed or potential developments in their
impact statements.
Mr. Marshall added that the Town government is not in an advocacy
role and that its function is to ensure that zoning laws are complied
with not to oppose development. He said that the Town is not in a
position to take sides wi t.h either developers or opponents and would not
support funding of a second opinion study of traffic reports.
Mr. Eddi son felt that a hard look and second interpretation might
be justified.
Mrs.. rSmi th suggested
ted rla± ���e matter mi ght be d i s�: s sed Wit %wh t its
Planning Board.
Gloria Holland, 38 Webster Road, addressed the Association's
concerns regarding lack of coverage by Cabl ev i s i on of the July Special
Town Meeting and meetings of major Town Boards.
Mr. Marshall agreed that committee and board meetings should have
better coverage but questioned how a trained and able volunteer force to
man equipment could be recruited.
Mr. McSweeney, Selectman Liaison to the Cable Committee, and
William Spencer, Committee member, saw the opportunity for the Committee
to work with Cabl evi s i on on the issue. The Selectmen will also contact
Cabl evi s i on to present the problem.
Jacquelyn Davison, 85 Spri n.Q Street, presented the Association's
concerns with the lack of a by -law to regulate the hours within which
major construction can take place. She had explored restrictions in
other towns, including Arlington, Bedford, Waltham, and Winchester. It
was suggested that hours of construction could be stated on a building
permit, if allowed under the State B u i l d i n g Code.
Mr. Frederickson, Building Commissioner, noted that it could be
done if the restrictions were present in Lexington's Zoning By -Law.
Other suggestions were made for inclusion in the subdivision approval
process and in the Fire Chief's permits for blasting.
I S3
I Me
Caleb warner, 546 Concord avenue, asked that samplings of language
for other town by -laws be gathered to aid in formal ati na an Article,
Mrs. Smith suggested that space i n the Warrant can v be reserved by ' '
the Selectmen, - For such an Article, but with ro position pro or con
being taken by the Board. T t was agreed by all that the restrictions
would apply only to commercial construction noise, and would not prevent
homeowners from carrying out home projects.
Upon motion duly made and seconded, it was voted to reserve a place
in the Warrant for the 1989 Town Meeting for an Article which would
attempt to define hours within which major construction can take place.
Members of the Association thanked the Selectmen for allowing time
for discussion of ways to arrive at resolution of the issues raised.
MCAB LAND USE COMMITTEE
Richard Murray, Chairman of the Middlesex County Advisory Board
Land Use Committee, met with the Board to provide information on the
status of plans for proposed reuse of County owned land, specifically
the Middlesex County Hospital land located parti al l v in Lexington on the
Waltham line. Mr. McSweeney, also a member of the Land Use Committee
introduced Mr. Murray and reported that at its December 7th meeting, the
committee was informed of plans to engage a consultant to assist in
evaluating reuse options for surplus property in B i l l e r i c a and at the
Lexington/Waltham site. He added that since it seems important to be
aware of potential impacts from development of the 60+ acres Lexington
portion of the site, he had asked Mr. Murray to be present to provide
input on the matter.
Mr. Murray, Weston' s representative on the MCAB and Land Use
Committee, said that his group would be looking into ways to best
utilize the county -owned land. At this stage, a consultant to give
advice on the matter is being sought. He noted that the Advisory Board
can onl v give recommenda ±; ons to the County Commissioner, which must be
received by march or April '1989, but noes have the authority to reject
an appraiser. The Board is now looking at all leased uses of the sites
Bentley dormitories; Adams/Russell; Trauma Unit, McLean Hospital; Day
Care Center; long term hospital for elderly*
19 rehab. facility for D.U.I .
drivers.
Mr. Murray stated that Lexington would be looked to for input long
before final decisions are made. Mrs. Smith strongly urged neighborhood
involvement in the process, as well as Town agencies such as the
Conservation Commission and the Housing Authority.
Mr. Murray noted that representatives of all Town Boards would be
welcome to Land Use Committee meetings, in addition to having
information funneled to the Committee by Mr. McSweeney.
Mrs. Smith expressed the appreciation of the Board to the Land Use
Committee for taking on the task of overseeing and participating in the
decision making process and said she was pleased that people of the
caliber of Mr. Murray and Mr. McSweeney are involved .
N. LEXINGTON PUMP STATION
Richard Spiers, DPW Director, was present to update the Board on
the condition of the North Lexington pump station and the need for %no
resolution of its performance problems,
Selectmen's Meetinq -7- December 19, 1988
Mr. Spi ers reported on the proposal that services of Weston and Sampson,
Inc. a professional engineering firm be engaged to perform investigatory
and design services.
Mr. Whi said that it is his i ntent to sign a contract for these
services, to be funded from the sewer budget. He noted that the work
may, in the future, require a Reserve Fund transfer it the costs cannot
be absorbed in the operating budget of the sewer division of Public
Works.
Board members expressed not objection to the pursuit of this
procedure.
RECYCLING PROGRAM
Mr. Spi ers reported that the Recycling Program is going well with a
68% - 69% participation rate. He estima that 15% is being removed
from the regular trash pick -up, not including the leaf collection
amounts.
He briefly referred to plans to include condominium units in the
program which he felt would show even more improvement. In response to
Mr. Eddison's comments that residents of elderly housing units wish to
be involved in a limited way, Mr. Spi ers reported that the DPW w i l l be
assisting the Housing Authority staff in procedures to make this
possible.
Mr. Marshall requested additional publ i ci ty and public education on
r� the recycling program and the pick . up schedule,
EXECUTIVE SESSION
U pon moti duly made and seconded, it was voted 5 - O by roll call
vote, Mrs. Smith, Mr. Marshall, Mr. Eddi son, Mr. Dail Mr. McSweeney,
to go into Executive Session for discussion of matters of litigation,
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:
l i r ion H. Snow
Executive Clerk