Loading...
HomeMy WebLinkAbout1988-12-BOS-minI f SELECTMEN'S MEETING December 19, 1988 � F 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