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HomeMy WebLinkAbout1980-07-21-BOS-min V^� SELECTMEN'S MEETING July 21, 1980 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 21, 1980 at 7:30 p m. Chairman Miley, Mr Busa, Mrs Battin, Mr Kent; Mr Hutchinson, Town Mana- ger; Mr Cohen, Town Counsel; Miss Casey, Principal Clerk, Selectmen were present Chairman Miley opened the hearing on the petition of the Boston Edi- Boston son to install approximately forty six (46) feet of conduit in the follow Edison ing location Spring Street northerly, approximately five (5) feet north Spring of Hudson Road, a distance of about forty six (46) feet - conduit Street Upon motion duly made and seconded, it was voted to grant the petition of the Boston Edison Company for permission to install approximately forty six (46) feet of conduit at the following location Spring Street north- erly, approximately five (5) feet north of Hudson Road, a distance of about forty six (46) feet - conduit The Chairman read the petition of the New England Telephone Company N E Tel for permission to install underground conduit on private property at the & Tel rear of #11-13 Muzzey Street This request does not require a hearing Muzzey St Mr Busa questioned the diagram on the plan as to just which lots were Town owned Upon motion duly made and seconded, it was voted to grant the peti- tion of the New England Telephone Company to install underground conduit from a manhole on private property rear #11-13 Muzzey Street, across from the Town of Lexington parking area in the rear of Cary Library, to private property rear #1844 Massachusetts Avenue, subject to a review by the Public Works Department to clarify ownership of lots #69 and. #71 Mr Neil Cronin, Guide Director, met with the Board requesting appro- Guides val of licenses for two new guides and eighteen renewals He introduced the new guides, Sharon Fray and Stephen Greim, who received congratulations of the Board Upon motion duly made and seconded, it was voted to approve licenses for the following guides Stephen Bertolini Edward Ford David Hamburger David Harrington Melissa Hart John Hayden Judd Levingston Andrew Macey Dan McGrath John Nordahl Peter Ostrow Kamala Soparkar Charles N S Soparkar Nathaniel Taylor David A. Wasserman Peter Wasserman Richard John James Lyons Sharon Fray, Stephen Greim The Chairman read a request for an Auctioneer License for one day from Auctioneer Robert J Virtue, 19 Lois Lane Mr Virtue has been a resident of Lexington License 111 less than the required six months and, therefore, would not be eligible for R.J Virtue an annual license, but iseligible for one day licenses Upon motion duly made and seconded, it was voted to grant a license to Robert J Virtue, 19 Lois Lane for a one-day auction to be held on August 7, 1980 l Bond The Chairman read a request from the Town Clerk for approval of the Asst Town bond in the amount of $2,000 for the Assistant Town Clerk. Clerk Upon motion duly made and seconded, it was voted to approve the bond in the abount of $2,000 for the Assistant Town Clerk. EOER The Board discussed a letter from EOER announcing the establishment of Grant Energy Audit and Energy Conservation Improvement Programs for the Common- Applica- wealth (as defined in regulation 850 CMR 2 00 and authorized in Sections 6 tions and 11 of Chapter 25A of the General Laws) A total of $15 million dollars in grant monies will be available to eligible applicants for the purpose of energy audits and energy conservation improvements The Manager informed the Board that he is contacting the EOER regard- ing the applications that they have and he will also discuss it with the Energy Committee as to the relevancy of the the program to Lexington. The Manager will report back to the Board with a summary of his meet- ings with the Energy Committee Mr Busa informed the Board that he has information from the DOE announcing a program being set forth by the Federal Government that if the Town applies and qualifies, it can get to up ten electrical vehicles plus $150 to $200,000 in parts and maintenance He was requested by the Energy Committee to.-request the Transportation Committee and Mr Crain to look in- to the proposals to see if it could fit into our bus service or some of the vehicles that go around town The Manager and Mr Busa will review the application process and check into the matter House Bill The Chairman read a letter from Angelo Cataldo and Richard, T.-Moote,. 4876 State. Representatives relative to House Bill No 4876 - Establishment of 111 Energy Energy Resources Commission which places local government in a partnership Resources with state and federal agencies dealing with energy matters under a statu- Commission tory basis for local energy activities The letter requested council or town meeting approval of this new commission Mr Kent suggested that the matter be referred to the Manager for his recommendation as to the approach the Board should take The Manager will report back to the Board Center Re- Mrs Battin requested the Board to appoint the remaining members to vitalize- the Center Revitalization Committee tion Comm Upon motion duly made and seconded, it was voted to appoint the follow- Appts ing to the Center Revitalization Committee Mr Bernard DeKant from the banking division; Mr Thomas K Dyer, from the industrial division; and Mr Chris Venier, from the retail division The complete committee membership is Margery M Battin, Thomas K Dyer, Christopher Venier, Laura Nichols, Robert Sacco, Karsten Sorenson, Joseph Trani, Bernard DeKant and Robert Bowyer and Jacquelyn Smith as staff members. Appointments are for one year Gift - Mrs Mr Busa informed the Board that Mrs Bertha Nickerson was most pleased Nickerson with the gift of a Minute-Man plate presented to her on the occasion of her 100th birthday I - 3 - i71S Selectmen's Meeting July 21, 1980 The Manager requested the Board to execute the agreement and sign Cataldo the lease with Robert Cataldo for the farming of land off Marrett Road Lease Upon motion duly made and seconded, it was voted to sign the lease Marrett which constitutes an agreement between the Town of Lexington and Robert Road A. Cataldo for use of a parcel of land, a portion of Town of Lexington known as Open Land off Marrett Road, as described on Assessor's Map #31 as Lot 90, abutting tenants Lot #60A on Map 31 for the period of July 4, 1980, through November, 1981 The rental fee for use of said 4+ acres of land will be $120 00 The Manager requested approval of the Board of his appointment of Acting Nancy Banks as Acting Town Manager for the period of August 4 through Town August 17, 1980 Manager Upon motion duly made and seconded, it was voted to approve the Mana- ger's appointment of Nancy Banks as Acting Town Manager for the period of August 4 through August 17, 1980 The Manager requested approval of the Board relative to the expan- Recycling sion' of hours requested by the Public Works Department for recycling at Hours the landfill Landfill Mrs Miley stated that the request was made by Mr Empey because of the response of the citizens in using the facility for that purpose The Manager pointed out that the program must depend upon the peo- ple who are volunteers and not just upon the town for running the program. Mrs Miley pointed out that there is an employee at the landfill during the time requested by Mr Empey so that there isn't any extra man- ning involved Upon motion duly made and seconded, it was voted to amend the hours for recycling at the landfill to 8 00 a m until 3 00 p m Monday through Friday The Board met with the Burglar Alarm Committee regarding the pro- Burglar posed burglar alarm regulations Mr Kent stated that the record should Alarm indicate that this is a hearing on the proposed burglar alarm regulations Committee and has been advertised as such in the Lexington Minute-Man which had Rules & been promised to Town Meeting last May when the By-Law was adopted Mr Regs Kent read the notice in its entirety During discussion of the proposed rules and regulations, it was pointed out that voice dialers now in use will no longer be permitted Mr Kent pointed out that, as to existing equipment, voice dialers are not rendered illegial under the regulations but simply must change to use a specific unlisted telephone number, and that the regulations, insofar as they require additional equipment, would only apply to installations com- ing into effect after the effective date of the regulations Mr Bailey stated that basically, voice dialers are not necessarily illegal, but there are other parts of the regulations thatmay well make them illegial Mr Kent pointed out that they must comply with these regulations as to length of message, coded number and the number they access as the emergency departments In answer to a question from a citizen, it was pointed out that the enforcing departments in the town would be the public safety divisions - the Chiefs of the Fire and Police Departments a�L - 4 - Mr Kent raised a question on regulation_#6 "All installations compoeted after the effective date of these regulations shall access the Police and/or Fire Departments only with signals on encoded in digital form in a format compatible with departmental receiving equipment" He stated that during a prior discussion, prior to the adoption of the By-Law, it was recognized by the Advisory Committee, that there would be additional expense to the home owner occasioned by the use of this equipment, over and above what is required by the existing equipment using the voice dialer system. Mr Bailey stated that with the proliferation of these systems, the voice dialer is really a 1960 solution to the dilemma As there are more people in town, there must be more people at the other end of the telephone to pick up the phone and listen to the recorded message coming over He felt it was a very poor situation to have, particularly if there are other emergencies coming in at the same time The Committee felt that the Town should position itself with the technology that is currently available to handle the problem effectively and reduce the manpower demands on either end Mr Cravis stated that the committee estimated in its report using figures that were available that it would cost in the range of $34 00 to $60 00 per year for each digital dialer which would be the service fee to the vendor who would install the equipment at the station and also main- tain the terminal equipment for receiving the digital dialer signal There would also be a one time cost to the home owner who would purchase the digital dialer equipment which is something like $40 00 Mr Busa pointed out that this cost is just for the equipment, but to bug doors, windows etc it would cost thousands Chief Corr informed the Board that a survey had been conducted by the 111 committee and found that there were two major systems being used in the Greater Boston Area During the poll, he stated that they were asked what they were charging at the present time, and the numbers previously given were verified The Keltron System charges no installation charge to ex- isting subscribers - new subscribers $65-70 and a yearly fee of $30-40 00 The Veritex System - their change over, $25 00 new subscribers $60 00 and a yearly fee of $35 00 Mr Kent asked the Chief if the systems contained in the poll meet the regulations proposed by the committee The Chief responded in the affirmative Mr Markey from the audience, stated that he would like to point out that all the installations that Chief Corr named in the different towns, do have..digita ._eapability..but as yet, are not being. used ta_that extent, They are being used with the direct wiring alarms that are presently in4 stalled in the police station in the enunciating boards Used with lines that come, for instance, directly from a bank into the police station It takes that signal and turns it into a message rather than something that a police officer has to respond to immediately It does have the capability to be expanded to a digital communication device which doesn't require a direct telephone line. Mr Kent asked the Chief if the communities surveyed required this type of arrangement or at the option of the homeowner The Chief replied that he did not know if they did, but did know that the Town of Burlington does require it - 5 - Selectmen's Meeting July 21, 1980 Chief Bergeron informed the Board that there are only two in the im- mediate area right now who are on a digital system and they are Waltham and Burlington He stated that he sees the need for specifications so that false alarms could be reduced The Chairman asked if the installation of the equipment will be put out on bid The Manager responded that it would be bid on specification and will be and/or equal and he would expect that he would have the advice of a technical committee to advise on the selection of a firm. In answer to a question from Mr Kent, Mr Hutchinson informed the Board that he would be the awarding authority After further discussion, Mr: Kent stated that he felt that the Com- mittee and the Board had accomplished what had been required by Town Meet- ing and thanked the Committee who retired from the meeting The Board discussed the request of the Waldorf School of Belmont to Adams lease the Adams School and have the use of the playing field behind the School school for gym and recess They would use the building from 8 00 a m Lease to until 3 00 p m for classes and occasionally in the evening or week-ends Waldorf for special meetings and activities They offered $1,000 per month rent School and assume the utility and everyday maintenance costs The -Tvwu_would assume the responsibility for any major repairs or replacements not re- sulting specifically from Waldorf School occupancy The request was for a two-year lease After discussion, it was agreed to authorize the Manager toonegatiate a lease for one year with the Waldorf School Upon motion duly made and seconded, it was voted to approve the leas- ing of the Adams School to the Waldorf School, subject to negotiation of de- tails by the Manager This lease is to be for one year, termination date of July 31, 1981 The Manager and the Board reviewed the budget for LEXPRESS for the LEXPRESS remainder of the fiscal year, which included a cut of two busses at 6 30 Depot Sq p m effective July 21 through August 31 The Transportation Advisory Committee would like to continue the bus stop at Depot Square as it has worked out well During the discussion regarding continuation of the location for a bus stop, it was brought out that the Transportation Advisory Committee has not looked at alternative locations The main problem at the loca- tion is the removal of snow during the winter months It was also brought out that the business people in the area should be contacted again re- garding the use of Depot Square as a permanent bus stop as it was first presented to them as a temporary location The question of installing curbing in the area was brought up and Mr Busa suggested that the right-of-ways should be looked into before any curbing be installed Mr Kent stated that he felt that, through the Manager and the Trans- portation Committee, the business people in the area should be contacted to get their reaction of continuation of the spot as a permanent location Alterations in the landscape in connection with it should also be presented and reactions taken into considerattion when the final assessment is made The Manager agreed and is to pursue the matter and report back to the Board Walnut Farm The Manager informed the Board that he had reviewed with the Town Trust Engineer the request of Walnut Farm Trust for permission to construct a Sewer manhole and open Walnut Street to make a sewer connection to the Potter Pond Trust sewer being constructed to service the condominiums now undeg construction This easement would provide sewer connections for the Walnut Farm Trust property and others on Walnut Street who wished to utilize it The Manager explained that the situation is a town sewer tying into a private development and to a town sewer again The ultimate maintenance responsibility of the extension of the line is in question He recom- mended that it be extended and that the long term problem of maintenance be reviewed by Town Council and the Planning Board Mr Kent felt that the Board should not make any decision regarding the request until it has heard further regarding the problem The Manager is to take the matter back to Town Counsel, Public Works Department and the Planning Board and report back to the Board Upon motion duly made and seconded, it was voted to table the request of the Walnut Farm Trust for permission to construct a manhole to make a sewer connection to the Potter Pond Trust sewer now being constructed Streets The Manager suggested to the Board that it might be worth while to discuss the whole policy of accepted and unaccepted street He would like to arrange a meeting with the Planning Board to meet with the technical staff relative to the long range basis regarding marginal streets and the street policy as a whole It was agreed to review the matter some time in September Mr Cohen pointed out that there are a lot of legal implications involved, other than the feelings of the Board of Selectmen and the Planning Board He pointed out that any developer of individual who wants to come and build a house next week has every right to go the Building Commissioner and request a building permit He felt that the idea should be left that 111 there will be a meeting and out of that meeting it will be clear as to whether or not every single lot in town can or cannot be built upon Garrity The Board met with the Historical Commission to discuss the question House of the disposition of the Garrity Building Mr Jaquith informed the Board that early in the year the rumor had started that the Garrity House and the barn would be condemned and demolished As a result of this some members who have worked in the area of preservation of historical buildings, of the Historical Commission, Historic Districts Commission and Historical Society formed an informal committee under the auspices of the Historical Commission to study the problem. They have been meeting since February and have tried to delve into it on a rather planned scale all the problems they could find as to their future preservation and use They requested direction from the Board of Selectmen as to its in- terest in the matter and how far they should go and what sort of direction to take as the property is owned by the Town He pointed out that the architectural significance of the house is not as great as the historical and that it is one of three remaining buildings , Buckman Tavern, Garrity House and the barn, of the Meriam estate, a large farm. It is representative of similar buildings which characterized early Lexington as a farming community He stated that the ultimate question is whether or not the Town wants to preserve the buildings and, if so, money must be raised for that purpose as they cannot remain much longer in their present condition Mr Jaquith also presented to the Board a detailed report as to sug- gested future uses of the house and the costs involved 99 - 7 - Selectmen's Meeting July 21, 1980 The report presented five optional uses of the building, the least disruptive of which would be for office space for some town agency and the barn be used for storage as it is now This option requires that the buildings be structurally repaired but not thoroughly rehabilitated from top to bottom Option #2, next simplest disposition, would be as a residence at market or low-income rate Costs would be higher than for option #1 as it would have to be liveable as well as structurally sound The land is currently zoned for residentail use Option #3 would be for a place of business such as for the sale and exhibition of arts and crafts with the serving of refreshments To increase the feasibility of these plans, it may be necessary to construct a new addition to the house, such as a connection between house and barn Option #4 suggested the refresh- ments/crafts proposal with the operator living in the house Costs and benefits are substantially the same as option #3 but building code standards require a barrier to separate the two use areas against the spread of fire Option #5 suggested the converting to a "hands-on children's museum" The museum would exhibit materials of the Lexington Historical Society Such use would require high rehabilitation costs and the most stringent code compliance because the house would be des- ignated a place of assemblage Mr Jaquith also informed the Board that Temple Scanlon, Executive Director of the Lexington Housing Authority had called him to state that he had talked with the Massachusetts Executive Office of Community De- velopment and had been advised that the LHA could apply for funding for a single-unit project such as the Garrity House He stated that funds are presently available for single-unit projects but should be done in the near future before funds run out He pointed out that if the funds were attained, title of the property would have to be conveyed to the Housing Authority and the Town would lose a large share of its control of the property along with a reasonable amount of land He pointed out that if the Housing Authority applied for the grant and it was approved, the Housing Authority could then decide whether or not they want to accept it By that time the Board could have pursued the matter further and have decided in which direction it wished to go Mr Kent stated that he felt that the Board should formalize the committee studying the problem, with a review of the names of the com- mittee in light of its possibly being augmented with respect to other places being represented on it as requested by the committee Mr Kent stated that there were many questions in his mind with respect to the problem that he would like the advice of the committee One of which was the matter of whether the title should be kept in Town or in public hands as in the Housing Authority's as contrasted with selling the building The Board agreed Mrs Battin requested from the Town Manager information as to what other town agencies might be able to use the building in addition to the Credit Union During further discussion it was brought out by Mr Hutchinson and Mrs Miley that if a committee is made up for conversion of this build- ing and possibly others, this committee could recommend future uses and inform the Board and ultimately go to Town Meeting such as the School Sites Conversion Committee has - 8 - Uo The Board agreed that the Housing Authority should pursue the appli- cation for the grant and then the Board of Selectmen will decide what disposition should be made of the property The Chairman thanked Mr Jaquith and committee for their report on the Garrity House and they retired from the meeting Executive Upon motion duly made and seconded, it was voted 4-0 by roll call Session vote - Mrs Miley, Mr Busa, Mrs Battin and Mr Kent - to go into ex- ecutive session for the purpose of discussing matters of possible liti- gation, with no intention of resuming the open meeting Upon motion duly made and seconded, it was voted to adjourn at 11 00 p m. A true record, attest Beatrice M. Casey (J617 Principal Clerk, Selectmen 1 1 t _