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HomeMy WebLinkAbout1988-12-BOS-min 7g SELECTMEN'S MEETING December 19, 1988 A regular meeting of the Board of Selectmen Was held on Monday, Pec.mber 19, 1988 , in the Selectmen' s Meeting Room Town Office Building, at 7:30 p.m. Chairman Smith, Mr. Marshall , Mr. Eddi son, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel ; Ms. Radway, Asst. to the Town Manager; Mrs., Snow, Executive Clerk, were present. OFFICER LINDA HARMS, L.P.F). Police Chief Paul Furdon was present to introduce to the Board the Town's newest Police Officer, Linda Harms. The Chief noted that Officer Harms had been fourth in her class of 33 at the Police Academy where she recently 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. MINUTES Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen' s Meetings on October 31 anr1 November 7, 1988, as presented and the minutes of November 14, 1988, as amended. LICENSE RENEWALS Upon motion duly made and seconded, it was voted to approve ,.�•. applications for renewal of licenses for 1989, as follows: CLL[ItL„Jii Victualler The Kitchen, Inc. Friendly Ice Cream Corp. 363 Mass. Avenue 60 Bedford Street Friendly Ice Cram :.an.Syr s s Lauru= 438 Bedford Street 1060 Waltham Street Cory's of ' g ton, Inc. Pewter Pot 1710 Mss. Avenue 20 Waltham Stmt Lexington Donuts, Inc. Marriott Corp./Roy Rogers Rest. 373 Waltham Street Rt. 128 North Fife & Drum Grill Bellino's Bakery, Inc. Minuteman Vo-Tech 141 Mass. Avenue 748 Marrett Road Alexander's Pizza Pine Meadows Country Club, Inc. 180 Bedford Street Cedar Street Lexington House of Pizza oink Lexington Golf Club, Inc. 399 Lotrel l Street 55 Fill Street Fife & Drum Restaurant Minuteman Vo-Tech 748 Marrett Road /757 _2_ Common Carrier Coin Operated Video Games Boston Tours Lex. Lodge of Elks (2 Lic.) ....► radia Street 959 y yal tham StreetE9 Ar Waltham, MA 02154 Hayden Recreation Ctr. (4 Lic.) Dee Bus Service 24 Lincoln Street 54 Orchard S t. Entertainment West Concord, MA 01742 Hartwell House, Inc. 94 Hartwell Avenue A Yankee Line, Inc. 370 West First Street Sheraton Lexington Inn Boston, MA 02127 727 Merrett Road So. James H. McCarty Limousine Service, Inc P.O. Box 327 - 64 Mechanics Stree, Leominster, MA Innkeeper Sheraton gton (Tara) 727 Marrett Road Battle Green Inn 1720 Mass. Avenue Days Inn Lexington 440 Bedford Street ,,a,r, Class I Class III f.to -►1c. neerina Limited Partnership John P. Carroll Company 436 N rr'ett .rcoaci 31 S t r e � �z �.�r� Lexington Subaru, Inc. 581 Marrett Road Lexington Toyota 409 Mass. Avenue Lc:daLn9 House Wellington House Middlesex County Hospital, Walnut S t. Wellington Lodge Middlesex County Hospital, Walnut St. Wellington Cottage Middlesex County Hospital, Walnut S t. Wild Acre Inn 50 Percy Road Ig0 Selectmen's Meeting -3- December 19, 1988 APPOINTMENT TO CATV COMMITTEE Mrs. Smith noted the application for appointment to the Cable TV nd Communications 12.dvisory Comm'ttee of Sidney Wh i ti na and proposed that he be appointed to fill the vacancy left by the resignation 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 Cablevision Systems before Action on his appointment to the Committee is taken. P.A.B. REAPPOINTMENTS 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, 1991: Lewis M. Rambo, 26 Taft Avenue Deborah R. Myers, 71 Freemont Street Jason Berger, 9 filen Road Charlotte H. Evans, 36 Va i l l e Avenue Mr. nai l ey referred to instances during the past year when the Library Trustees had been given valuable assistance by the Personnel �••. Board. Mr. White said that he could foresee great need for the advice of the Board during the coming year because of the employment issues that are expected to arise. CONSENT AGENDA COMMITMENTS Upon motion duly made and seconded, it was voted to approve the Commitment of the following Charges: Strc-et Opening Permit fees (5497.501 Water Charges, November final bills ($6,073.66) Sewer Charges, November final bills ($5,96P.44) Cycle 9 Water Charges , December ($66,413.55 & $1,633.07) EXTENSION OF HOURS, SHERATON/TARA Upon motion duly made and 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. ABATEMENT, 77 HILL STREET Upon motion duly made and seconded, it was voted to approve the abatement of Sewer Charges for property at 77 Hill Street in the amount of $68.80, for a residence not connected to Town Sewer. ,�•. EXTENSION OF HOURS, K. of C. Upon motion duly made and seconded, it was voted to approve the request of the Kn i ahts of Columbus for extension of hours to 1:00 a.m. on December 31, 1988, in Heritage Hall . IBI 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 .-�► communication from DEQE 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 he minor financial impact on Lexington, he saw the trend as just the beginning of a series of State actions which will 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 uncollectible 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 5232.00, as recommended by Chief Bergeron. DRUGS AND ALCOHOL POLICY 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 for school children with substance abuse problems. ..r The Board questioned the use of the designation of "5th column" and felt 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 -ep i acea by c c,her nguage. 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 , 1988 and reflecting ad1ustments 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 REORGANIZATION 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 Building Commission and the Inspector, but in some cases the emphasis has been placed on inspection duties as opposed to zoning enforcement. He 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. • Selectmen's Meeting _5_ t)ecember 19, 1988 All agreed that the new arrangement showed promise and urged speed with the process to allow for implementation of i t. S. LEXINGTON CIVIC ASSOCIATION Joy Buchf i rer was present for discussion with the Board of issues of concern to the S. Lexington Civic Association including improved enforcement of Orders of Conditions; Cablevision System's service to the Town; and a possible amendment to the General By-Law regarding construction noise. Alan Wade of 524 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 code enforcement officer. Mrs. Smith saw the danger of approaching a police state with that sort of monitoring, noting that such a person would have to be extremely 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 pointed 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 with either developers or opponents and would not support funding of a second opinion study of traffic reports. Mr. Edd i s on felt that a hard look and second interpretation might be justified. Mrs . Smith suggested that the matter might be d i sous seo with the Planning Board. Gloria Holland, 38 Webster Road, addressed the Association's concerns regarding lack of coverage by Cablevision 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 Cablevision on the issue. The Selectmen will also contact Cablevision to present the problem. Jacquelyn Davison, 86 Spring 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 Building 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. -6- Caleb Warner, 546 Concord Avenue, asked that samplings of language for other town by-laws he gathered to aid in formol ati no an Article. Mrs. Smith suggested that space in the Warrant can be reserved by the Selectmen, for such an Article, but with no 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 partially 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 Billerica 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 only aive recommenda+;ons to the County Commi cs i over, which must he 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; 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 resolution of its performance problems. Selectmen' s Meeting -7- December 19, 1988 Mr. Spiers reported on the proposal that services of Weston and Sampson, Inc. a professional engineering firm be engaged to perform investigatory and design services. Mr. White said that it is his intent 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. Spiers reported that the Recycling Program is going well with a 68% - 69% participation rate. He estimated 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. Spiers reported that the DPW will be assisting the Housing Authority staff in procedures to make this possible. Mr. Marshall requested additional publicity and public education on r.0. the recycling program and the pick--up schedule. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mrs. Smith, Mr. Marshall , Mr. Eddison, Mr. Dailey, 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: (1A61 iSerAf rion H. Snow Executive Clerk