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SELECTMEN'S MEETING
October 5, 1981
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building on Monday, October 5, 1981 at 7 30 P M
Chairman Buse, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch-
inson, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Executive Clerk
were present
The Board met with Mr Robert Cataldo, Alternate Representative to the META
MBTA Advisory Board, to discuss the results of the meeting of September 18
Mr Cataldo informed the Board that the MBTA had proposed a $31 million
dollar increase in its budget, which he had opposed This would mean that
an additional $2 million dollar assessment to cities and towns will be re-
quired despite the fact that the MBTA promised no increases in local assess-
ments Mr Cataldo stated that he felt that it was a '"no win system for
cities and towns and riders using the system" and stated that he felt that,
if possible, Lexington should get out of the system or support legislation
to that effect He also stated that he supported the provision that elderlt
people should be allowed to ride the "T" free during off peak hours
The budget will be debated at the next Advisory Board meeting on
October 14 and the Board's feeling was that the MBTA should be forced to
adopt a zero based budget
The Chairman thanked Mr Cataldo for his report and he retired from
the meeting
The Board met with the Center Revitalization Committee to discuss the Center
proposed parking plan for the Center area Revit
Mrs Battin formed the residents present that the parking plan was Com
designed to increase the availability of short-term parking for shoppers Center
and increase the Town's revenues for additional parking improvements through Parking
a new fee structure She stated that all-day parking restrictions would
be implemented to protect residential areas that abut the Center
Several residents of the area expressed concern regarding the new plan
Mrs Sheila Hoadley stated that she lives at the corner of Waltham and
Forest Street and there are two or three cars parked all day in front of
her house She stated that she felt that there was room for only one park-
ing meter there and requested that there be no parking from there to the
corner
Mr Michelson expressed concern that notices were not sent out to all
the abutters in the area and requested information as to whether or not
the towing law will be enforced and if a rental fee had been established
for the spaces at the Arts and Crafts and the churches
Mr Tonaszuck explained that leases have not been signed at this point
and that the towing law would be enforced He also explained, in answer
to questions, that proper screening would be put in at the Belfrey Club lot
Mr Bowyer explained that the owner of the lot will only permit the
Town to use it for a year or two and that as this is only in the experi-
mental stage, it will depend on how the people respond. He also pointed
out that there is a section in the bylaw providing for municipal parking
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in all zoning districts
It was explained that all day parking will be provided on a permit
basis in six locations Belfrey Club, Arts & Crafts Society lot, the
Church of Our Redeemer lot, Hancock Church lot, behind the School Adminis-
tration Building and the Muzzey Jr High School Annual charges for these
spaces will range from $72 00 for the Muzzey School lot to $156 00 for the
lots closest to the Center Parking machines and additional meters will be
installed in the Meriam Street and Edison Way lots with a charge of 75C
per day from 8 00 a m. until 6 00 p m. Monday through Saturday
Mr Bowyer explained that the parking stickers would be issued on a
"first come, first served" basis guaranteeing a designated space to the
purchaser
Mr Albert Zabin, 1 Page Road stated that he felt that to encourage
residents to park as far away from the Center as the Muzzey lot, local busses
might consider offering a shuttle service to the downtown area
The Chairman stated that the Board would continue to welcome any com-
ments and suggestions from residents before making a final decision at its
meeting on October 19
Rep Doran Representative Stephen W Doran met with the Board to update them on
the County budget situation He informed the Board that cutbacks of nearly
$2 8 million, recently approved by the House of Representatives' Committee
on Counties, in the Middlesex County budget could mean a reduction of as
much as $90,000 to $100,000 in assessments charged to Lexington. This could
bring the total Town charges to nearly ten percent under last year's ex-
penses He informed the Board that the budget reductions voted by the House
reflect the elimination of 170 positions in the county payroll in nearly all
county departments except the sheriff's office He stated that it was un-
fortunate to see lay-offs because the people had families to support, but
the Committee had to set priorities
Representative Doran also reported that legislation supported by the
House and now under discussion in the Senate to amend Proposition 2 1/2
The legislation is designed to rescind the "anti-growth kink" in the tax
limit statute which offers no incentive for municipalities to rezone land
for commerical use to increase the tax base He stated that the provision
has been viewed as an error in the legislation by everyone involved, in-
cluding Barbara Anderson of Citizens for Limited Taxation Under the new
provision values of new property can be added to the tax base, providing the
cities and towns with an economic incentive to encourage growth
Representative Doran reported that the House had voted to alter the lo-
cal aid formula He is in favor of adopting a local aid formula for next
year that will tie aid to a set of predictable factors, such as percentage
increases in growth
The Civil Service Reform Bill will go to the Senate with a 100-54 House
approval, which Rep Doran felt was the first major Civil Service overhaul
in decades and will save the taxpayers millions of dollars
The Chairman thanked Representative Doran for the update and he retired
from the meeting
Arts Council The Chairman read a letter from the Lexington Countil for the Arts re-
questing clarification of its status as a Town committee and clarification
in regard to the solicitation of funds
The Manager stated that he will consult with Town Counsel regarding
the request
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Selectmen's Meeting October 5, 1981
' Upon motion duly made and seconded, it was voted to table the reply
to the Lexington Council for the Arts regarding its request for clarifica-
tion as a Town committee and the solicitation of funds
The Chairman read a request from William Page, Chairman of the CATV CATV Cfimm
Committee for the appointment of David Kuhn to the Committee Appt
Upon motion duly made and seconded, it was voted to appoint David
Kuhn to the CATV Committee
The Chairman read a list of nominees to the Accessory Apartments Com- Accessory
mittee to which Mrs Battin raised her objections regarding the appoint- Apts Comm
ments She objected to the appointment of an elected official to other Appts
Town boards unless their affiliation particularly qualifies them for the
second position She recommended that a Planning Board member would be a
more suitable appointment as the accessory apartment study is an integral
part of the overall housing study the Planning Board is conducting
During the discussion that followed, it was pointed out that the Town
By-Laws do not preclude serving on two committees Mrs Battin stated that
while the By-Laws do not preclude serving on two committees simultaneously,
she felt that it had more recently become a custom to include a wider range
of citizens on appointed boards
Upon motion duly made and seconded, it was voted to appoint the follow-
ing to the Accessory Apartments Committee Steven A. Clark, Cornelius P
Cronin, George F McCormack, Margaret F Rawls and Jean Gaudet
Upon motion duly made and seconded, it was voted to appoint Steven A
Clark as Chairman of the Accessory Apartments Committee
The Chairman read a request from the Choate-Symmes Health Service,Inc One-Day
for a One Day Liquor License on October 18 Liq Lic
Upon motion duly made and seconded, it was voted to approve the issu-
ance of a One Day Liquor License to the Choate-Symmes Health Service, Inc
for an art auction on October 18 from 5 P.M until Midnight at the
Temple Isaiah Mr Politi abstained from voting
The Manager requested the Board to sign a resolution authorizing him Resolution
to apply for a State grant for a water main leak detection program The Water Main
grant program would make the Town eligible for a maximum of $25,000 to Leak Det
continue the on-going water main leak detection program
Upon motion duly made and seconded, it was voted to sign a resolution
authorizing the Town Manager to apply for a State grant for a water main
leak detection program Mrs Miley abstained from voting
Town Counsel requested the Board to sign a conservation restriction Conserve-
for a parcel of land in the Battleview Sub-division tion Re-
Upon motion duly made and seconded, it was voted to sign the conserva- striction
tion restriction for a parcel of land in the Battleview Sub-division
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The Manager requested an Executive Session for the purpose of dis-
cussing matters relating to collective bargaining and land negotiations
Mr Politi again reiterated his objections to discussing salary ad-
justments for department heads stating that, in his opinion, this does
not come within the collective bargaining exception to the Open Meeting
Law, and even if it does, that it was not a good policy for the Board to
use Executive Session for this purpose
The Manager referred the Board to correspondence he had provided as
a result of last week's discussion, citing a case, Attorney General V
School Committee of Taunton, Mass , in which the Appeals Court ruled that
it was lawful for the Taunton School Committee to discuss salaries of non-
union employees in executive session since the discussions impacted on
collective bargaining strategy (5MLRR 1158) The Attorney General lost
the case Mr Hutchinson stated that he felt that the discussion relative
to the proposed pay plan for department heads would have an impact on col-
lective bargaining if held in open session
After further discussion, the Board agreed with the Manager and re-
quested Town Counsel's recommendations
Mr Cohen stated that it was his opinion that, if in the opinion of
the Board, discusion of certain non-union salary matters could impact on
collective bargaining if held in open session, it would be lawful for the
Board to vote to go into executive session for this purpose
Upon motion duly made and seconded, it was voted 4-1, by roll call
vote, Mr Buss, Mrs Battin, Mrs Miley and Mr Crain in the affirmative
and Mr Politi in the negative, to go into Executive Session for the pur-
pose of discussing items relating to collective bargaining, with no inten-
tion of resuming the open session
Upon motion duly made and seconded it was voted to adjourn at 10 15 P.M
A true record, Attest
Executive Clerk
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