Loading...
HomeMy WebLinkAbout1981 \ D J I A SELECTMEN'S MEETING January 5, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 5, 1981, at 7 30 P.M. Chairman Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Norman P Cohen, Town Counsel; Mrs Snow, Principal Clerk, were present Mrs Miley convened the meeting and called upon Beatrice Phear, Town Senior Manager's staff, to report on her assessment of the need for a senior cen- Center ter and her investigations as to the appropriateness of either Munroe or Muzzey Jr High School for its location An elderly population projection showed a growing number of elderly citizens, to reach 6,700 over 60 years of age by 1990 Personal, informal interviews with senior citizens revealed four major concerns transportation, loneliness, housing costs/maintenance, and information/referral A projection of the use of the potential various senior services in Lexington, based on utilization in other towns and on national norms, was developed 4,700 questionnaires on the needs and desires of the elderly were distriubted to both instutionalized and non- institutionalized elderly and response (50%) was extremely high Mrs Phear reported on a strong desire on the part of seniors for the kind of services that can be offered by a senior center, which she esti- mated would be used by 2,000 people Regarding choice of location in either Muzzey or Munroe School, she recommended that Muzzey Jr High School seemed to be most appropriate because of size, layout, location and design of accesses, and suggested that it be leased to a developer on a long term basis for renovation for multiple agency occupancy Mrs Phear also recom- mended continued support of Lexpress and zoning to allow accessory apart- ments Following discussion of aspects of the report, it was decided that the Selectmen will take a position on the matter following receipt of reports by the Council on Aging, the Human Services Committee, and other agencies with concerns relating to the elderly Mrs Phear was thanked for her preparation of a noteworthy study Mr Jacob Gardner, Community Health Committee, spoke on behalf of his Committee and stated its conclusion that availability of health services rates highest on the list of elderly needs At 8 10 P.M , Town Celebrations Committee Chairman William P Fitzgerald and several members of the Committee met with the Board for discussion of the Town Manager's recommendation that the 1981 Patriots' Day afternoon Patriots' parade be cancelled due to the impact of the passage of Proposition 21 Day Chairman Fitzgerald stated the view of the Committee that the parade be Parade sustained as in the past, but that the usual luncheon and reception for visiting dignitaries be deleted He requested the permission of the Select- men for the Committee to seek private funding to underwrite some of the expenses of the afternoon parade, which amount to $10,000 to $11,000, includ- ing the cost of marching units and overtime for D P W and Police Mr Fitz- gerald voiced the optimism of the Committee that this could be accomplished The Board members expressed their reluctance to discontinue the traditional parade, and alternate schedules for the several events of the day were sug- gested Upon a motion duly made and seconded, it was unanimously voted that, based on the Town Celebrations Committee's determination to seek pri- vate funding, the Committee go forward with its planning for the 1981 Patriots' Jt, -2- Day 2- Day afternoon parade A progress report on monies and pledges received will be submitted to the Committee on April 6, 1981 Fair At 8 35 P.M , Albert P Zabin, Chairman of the Fair Housing Committee, Housing and members William Sullivan, Leona Martin, Robert Pressman, and Jonathan Plan Doran met with the Board to present a summary of conclusions of the Commit- tee on its Fair Housing Plan In his report, Mr Zabin stressed the need to increase the low propor- tion of minority residents of subsidized housing in Lexington It was noted that no large numbers or concentrations of minorities have ever resided in the town, and that economic, not social discrimination is responsible for this condition The majority of the Committee felt that local land use practices have not resulted in any significant manner in the high cost of housing in the town. Mr Zabin concluded that a need for active pursuit of the 1978 Housing Policy is needed, that affirmative action could be improved, and that a Fair Housing Policy Resolution should be initiated by Town Boards for action at the 1981 Annual Town Meeting It was agreed that the policy for local preference and the goal of in- creased minorities in subsidized housing seemed contradictory, and that there is no apparent solution Mr Zabin recommended that availability of low/moderate income units should be publicized outside Lexington to encour- age application by minorities in other communities Regarding the Fair Housing Policy Resolution, it will be initiated by the Selectmen and Mrs Battin agreed to work with the Fair Housing Committee to prepare a draft for review by the Selectmen on January 26, and for action on February 2, 1981 Discussion continued on factors contributing to the high cost of hous- ing in Lexington Mrs Miley noted the 1961 creation of the RO zone with its increased lot sizes which she felt had played a part in rising costs Mr Busa contended that low densities in multi-family rezonings as well as Conservation acquisitions approved in the past several years have had a de- cided effect on housing costs He feels that the minority quota system is not compatible with a Fair Housing Policy Mr Zabin stated that the quota system is not recommended by a majority of the Fair Housing Committee Mary E Shunney, Chairman of the Lexington Housing Authority, was present and stated that the selection process for tenants has been based to a great extent upon urgent need, which, in her view, supercedes racial background as criterion. 1981 Chairman Miley read the list of applications for. licenses to be renewed Licenses for 1981 Class I Upon a motion duly made and seconded, it was voted to renew Class I licenses for the following Auto Engineering, Inc 436 Marrett Road Rowe Chevrolet, Inc 33 Bedford Street Lawless Mawhinney Motors, Inc 581 Marrett Road Lexington Toyota Motor Sales, U S.A, Inc 409 Massachusetts Avenue -3- Upon a motion duly made and seconded, it was voted to renew Class III 1981 license for Licenses Ill John P Carroll Co , Inc 31 Allen Street Chairman Miley requested the Board to sign the warrant for the 1981 Special Town Meeting Upon a motion duly made and seconded, it was voted to sign the warrant Warrant for the 1981 Special Town Meeting to be held on January 26, 1981 1981 Spec Town Mtg Mr Hutchinson recommended that an amendment to the Park Regulations excluding horseback riding on school grounds, be made and referenced a Park memorandum from W Clifford Prentiss, Conservation/Recreation Director, Regulations dated November 7, 1980, listing suitable areas for use by equestrians Upon a motion duly made and seconded, it was unanimously voted That the proposed amendment to the Park Regulations, prohibiting horseback riding on school playgrounds, be transmitted to the Recreation Committee for its review and to request that a complete revision of the Park Regulations be prepared by the Committee A letter informing the School Department of this decision will be sent Upon further discussion, it was noted by Mrs Miley that the Hennessey land, in the Turning Mill area, was listed by Mr Prentiss as one of the suitable areas for horseback riding and that this activity had become a problem there several years ago Mr Kent suggested that the Regulations should have been revised to prohibit horseback riding in all parks, school playgrounds and recreation areas, except specific areas as designated by the Recreation Committee, and the Board agreed Upon a motion duly made and seconded, it was unanimously voted. To rescind the motion as carried that the proposed amendment to the Park Regulations prohibiting horseback riding on school playgrounds be transmitted to the Recreation Committee for its review, and to request that a complete revision of the Park Regulations be prepared by the Committee Mr Hutchinson will transmit the proposed revised amendment and the Board's decision on the matter to the Recreation Committee with a request for comment by January 12 Mr Hutchinson recommended that the request of the Fire Department for transfer of funds for overtime be acknowledged, tabled and funded from (J)CA available funds at the Special Town Meeting on January 26, 1981 Based on % Qt, . `f the meeting of Mr Busa, Mr Crain, Fire Chief Bergeron, Mr Hutchinson, and union members, Mr Busa recommended that the Fire Department request for transfer of funds be supported and both Mr Crain and Mr Busa recommended that the East Lexington Fire Station not be closed at this time Appointments to the School Sites Conversion Committee to fill the unex- School pired terms of Arthur C Smith and James C Wood were considered Upon a Sites Cony motion dilly made and seconded, it was voted to appoint Laura E Fisher Committee and Nicholas A. Ruocco as citizen representatives to the Committee.to fill the unexpired terms and for additional terms to May 31, 1982 -4- Accessory It was agreed that the matter of illegal apartments, an issue brought Apartments to the attention of the Board by Attorney Francis W K Smith, should be dealt with by the appointment of an advisory committee to be charged by the Selectmen Upon a motion duly made and seconded, it was voted To insert an Article in the Warrant for the 1981 Annual Town Meeting to see if the Town will vote to authorize the Board of Selectmen to develop a charge and to appoint a committee to study the problem of illegal accessory apartments The 1981 Town Meeting will be asked for a sense of its support 'of an article in 1982 to allow construction of accessory apartments Gen'l By- Mr Kent gave an interim report. onhis review of the General By-Laws Law Since the last complete revision was completed in 1967, Mr Kent pointed Revision out the need for appointment of a committee to review the By-Law in its entirety within the next year Upon a motion duly made and seconded, it was voted that the Selectmen will initiate an article to authorize the appointment by the Selectmen of a By-Law Committee Board of Mr Busa reported on his conference on January 5th with Board of Appeals Appeals Chairman Ruth Morey regarding a new application form for petitions Fee and a revised fee schedule for Board of Appeals procedures Mrs Morey Schedule requests Board of Selectmen approval of the fee schedule so that printing of the new application can proceed The matter will be listed on the Town Manager's agenda for January 12, for action of the Selectmen on January 19, 1981 The Summary FY82 Expense Budget was reviewed in part and discussed briefly No conclusions were reached Mr Hutchinson was asked to pro- vide additional information on several of the items as follows Selectmen's advertising account (#1050) Is it sufficient? A list of publications received by Town agencies A list of out-of-state trips by Town staff members during the past 12 months Suggestions for reduction in in-state travel expenses Executive At 10 36 P.M , upon a motion duly made and seconded, it was voted 5-0 Session by roll call vote - Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain - to go into Executive Session for the purpose of discussion concerning matters of litigation with no intention of resuming open session Upon a motion duly made and seconded, it was voted to adjourn at 10 45 P.M A true record, Attest rici H Snow Principal Clerk, Selectmen LI IV 2Gil k \ 1,' ' SELECTMEN'S MEETING (y January 12, 1981 III 1 A regular meeting of the Bo ed of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 12, 1981 at 7 30 p m. Charman Miley, Mr Buse, Mrs Battin and Mr Kent; Mr Hutch- inson, Town Ma ager; Mr Cohen, Town Counsel; Miss Casey Executive Clerk were present The Board met with Mr Tonaszuck, Mr Hanlon and Mr Chalpin and busi- Hartwell ness firms_in_the area relative to the Hartwell Ave /Bedford St traffic Avenue/ The Chairman stated that in early July letters were sent out to the Bedford St business firms in the area extending an invitation to meet with the Select- Report men to discuss the traffic problem in the area It was decided at that time that Mr Hanlon and Mr Chalpin would draft a report on possible solu- tions to the problem Mr Hanlon reviewed the report and pointed out that the problem area was from Route #128 to the Bedford, Lincoln, Lexington line and from Bedford Street on the North down to Marrett Road on the South Specifically, the Bedford Street/Hartwell Avenue intersection was very critical causing traf- fic to back up during the rush hours and at the Marrett Road/VOTEC School entrance The report recommended the widening of Bedford Street to two 12-ft lanes in each direction, separated by a median strip A 24 ft frontage III road would be built on the north side of Bedford Street to take care of the traffic from Eldred Street and the "Jug handle" to be widened to 3 lanes Traffic lights would be installed at Maguire Road and Hartwell Avenue and Eldred and Bedford Streets; Wood street would be widened to a uniform width of 26 feet and sidewalks would be constructed on the remainder of the strip; widening of Marrett Road so that left turn lanes could be included at Forbes Road and channelization of the intersection of Mass Avenue and School Street The project would cost approximately $4 5 million; approximately $1 8 million and $500,000 would be paid for by the State forthe widening of Bedford Street and Marrett Road as they are State highways The construc- tion on Hartwell Avenue could be paid for by a combination of State and Federal funds The report suggested that carpooling and staggered work hours by the business firms in the area could help alleviate the problem until the con- struction (if approved) was begun Mr Hanlon stated that the police de- tails in the area should be retained until construction was completed Mr Hutchinson pointed out that the report had taken into consideration many of the recommendations of previous studies of the area made during the past eight or nine years Mr Morris of Itek was present and protested the removal of the police detail at Maguire Road/Hartwell Avenue necessitated by the constraints im- posed by Proposition 2 1/2 unless the firm wished to pay for the detail Ms Ruth Wales of the Minuteman Vocational School expressed support of the plan, but was concerned that it would take five years to implement IIIThe Chairman requested the cooperation of the business firms in the area as well as the North Lexington Association and any other citizen or groups in furnishing input to the Board relative to the report before a vote is taken regarding its acceptance or rejection She thanked all those in attendance at the meeting for their interest (DS - 2 - MAPC Mrs Frick, Lexington's representative to the Metropolitan Area Planning Mrs Frick Council met with the Board to discuss the_upcoming meeting of January 29 At this meeting, reorganization of the Council will be discussed and she in- formed the Board she will be unable to attend and requested some one to attend in her place She pointed out that of the seven items to be discussed, she felt that the item proposing that the chief elected official be the rep- resentative to the Counsel was important Under the present statute the Town Manager appoints the representative for the town It was her understand- ing the that chief elected official could, also, appoint a designee who could serve on various committees Mrs Battin, the Board's liaison to MAPC, questioned how realistic to require the chief elected official to be the representative to the Council be- cause of time limitations Mrs Frick stated that the only time the representatives vote was at the three full Council meetings, winter, spring and fall The question of whether or not the designee could vote had not been taken up by MAPC Mr Kent felt that the chief elected official was, apparently, going to be substituted for, rather than in addition to, the designated representative He was opposed to this because he felt that the identity of the communities represented to MAPC should be a matter for the Manager and the Board mem- bers to determine He felt that to have it imperative that only the Chairman of the Board be the only one that can vote represents-an unfortunate change and the Board should oppose it Met State The Manager pointed out that MAPC was just a regional planning agency Hosp and changes suggested in these agenda items would only strengthen it He felt that the last thing needed was to strengthen another regional agency He stated that while, the agency had a very good staff, it should accept its role as advisory to elected and appointed officials and not try to be any- thing more Mrs Miley is to attend the meeting and express the views of the Board Mrs Frick brought up the matter of the reuse of the land at the site of the Metropolitan State Hospital It was decided that an ad hoc committee be formed, ,internally, to work on the problem and communicate with the other towns involved regarding the future use of the land and also contact the "Land Use Committee" of the MAPC to this effect The Chairman thanked Mrs Frick for her information and she retired from the meeting Water Upon motion duly made and seconded, it was voted to abate the following Abatements water charges J Copp, 51 Ledgelawn Ave , $45 00 -- Previous est charge not deducted M. Corroon, 29 Ledgelawn Ave. , $40 05 -- Incorrect meter reading Angello Buse, 139 Grant St , $32 85 -- Est charge adjusted to minimum Carl Wang, 175 East St , $11 25 -- Est charge adjusted to minimum N DiFantis, 14 Aerial St , $85 50 -- Incorrect reading - customer E Pike, 10 Churchill Lane, $3 60 -- Adjustment for minimum charge M. Stone, 154 Pleasant St , $10 35 -- Est charge adjusted D Wang, 19 Webster Rd , $67 05 -- Incorrect reading - customer Maguire House, 290 Wood St , $11.25 -- Estimate adjusted to minimum D Frissore, 17 Patterson Rd , $79 20 -- Incorrect reading - customer S Church, 12 Constitution Rd , $53 55 -- Incorrect reading - customer W Barnes, 424 Bedford St , $11 25 -- Estimated charge adjusted T Bryant, 59 Ward St , $45 00 -- Incorrect reading - 3 - - Selectmen's Meeting January 12, 1981 The Board - discussed Article 14 -- Revocation of Police Civil Service Police Statute for Future Employees -- on the Warrant for the Special Town Meet- Civil ing of January 26, 1981 Service It was decided because of the controversial nature of the article that the full Board should be present before making a decision as to its presentation at Town Meeting Upon motion duly made and seconded, it was voted to table the de- cision of the Board as to its recommendation to Town Meeting of Article 14 -- Revocation of Police Civil Service Statute for Future Employees -- until the full Board is present The Board discussed the problem of setting the date for the Annual Town Town Meeting because of the last of financial information from the State Meeting The Manager informed the Board that anything involving the establishment of the tax rate and spending levels of the town and the revenues will have to wait until the cherry sheets have been received and suggested that the date should be March 30 The Manager is to distribute to the Board the list of articles for the warrant and the, Board will determine at its next meeting what the date for Town Meeting will be The Manager proposed to the Board that the award for the annual Annual audit be made to Arthur Andersen (the low bidder) Audit Upon motion duly made and seconded, it was voted to award the con- tract for the annual audit to Arthur Andersen in the amount of $10,900 The Manager and the Board reviewed the budgets for FY '82 Budget The Police Department budget as presented is $188,430 -- 17 5% increase Fy '82 over last year - increase in dollars of $28 005 The Manager explained Review that this was necessitated by the replacement of 7 vehicles, maintenance contract for the new radio system and increases in the cost of fuel Mr Busa asked the Manager if the "down sizing" of the police vehicles has been cost effective Mr Hutchinson stated that mileage wise it has been but it it still too soon to have any comprehensive figures on the new smaller vehicles He will report back to the Board at a later date with more information The parking meter budget has been level funded at $1500 00 The Fire Department budget figure of $112,033.00 increased 13% over last year's budget figures The Manager recommended that this be re- duced by $5200 00 eleminating the expansion of the clothing and uniform program within the Department He stated that the Chief has been dealing with the Union and supports the upgrading of the firefighters' uniforms to include coats to enhance the image of the Department Increases were reflected in the area of supplies for emergency services, fuel for trucks and vehicles and buildings, costs of medical supplies and public .safety supplies as well as an approximate increase of 8% in telephone bills The subject of initial funding of $1500 for the assessment and planning process for regionalization of equipment and manpower in 34 surrounding cities and towns was discussed The Manager and Chief Bergeron were in favor of this funding The Board requested more information be- fore making a decision and it will be furnished by the Chief and Manager - 4 - l (Di Public Works budget was discussed and the Director of Public Works Office Account #5000 showed an increase of $700 00 $600 00 of this was for safety equipment such as shoes The budget for the Engineering Division was increased $200 00 for reproduc- tion services (microfilming) not requested last year, to a total of $1600 00 $600 00 for outside printing services and $1,000 for microfilming Building Maintenance #5250 - $206,600 requested Line Item 37310 Repairs and Maintenance - building structures- $17,000 replacing asphalt roof on mechanics' garage- $1200 for replacing worn canvas auditorium floor at Cary Hall - $2,000 replacing and repairing damaged shingles on P W parking garage - $4,000 five overhead door operators at P W ,parking garage $6,000 - replacing three overhead garage doors Account #5400 -- Highway Maintenance -- requested $89,550 Line Item 37515- Highway resurfacing - $25,000 Mr Tonaszuck informed the Manager and the Board that he will review the complete budget and further reductions, if possible, will be forthcoming Chapter #90 funds will be pursued The Manager informed the Board that there has been an overall energy increase but that the heating cost has gone down due to the insulation devices that have been installed He is to look into telephone service that might replace the present system. Upon motion duly made and seconded, it was voted 4-0 by roll call vote Mrs Miley, Mr Busa, Mrs Battin, Mr Kent -- to go into executive session for the purpose of discussing a matter of litigation with no intention of resuming the open session. Upon motion duly made and seconded, it was voted to adjourn at II/11 05 p m. A true record, Attest Executive Clerk rr (F 111 °� N'�S 1 4.2 C f� 11� SELECT1EEETINQ �I January 17, 1981 Present Mary W Miley, Chairman, Alfred Busa, Robert Kent; School Committee Members Otis Brown, Chairman, Jean Gaudet and Frank Michelman; Robert Hutchinson, Town Manager and John Lawson, Superintendent of Schools Also, Mr Beck, Candidate for School Committee Mrs Miley welcomed the School Committee members and pointed out that the purpose of the meeting was to have a discussion of mutual concerns in light of the fiscal problems the Town confronts dealing with Proposition 21 Both groups agreed that they should work together in a spirit of cooperation as their primary obligation is to the Town The Manager reviewed the fact that if budget assumptions are correct and if the tax- able list is higher than anticipated, fees of the magnitude proposed by the Manager might not be necessary School Committee members indicated that they understood the Manager's rationale for a 55%/45% sharing of any rollback and accepted it as a planning device reserving their right to question it at a later time based upon school priorities The Selectmen had the Manager review cuts that had been made for this year's budget already, exclusive of next year The School Committee pointed out that it was looking at additional cuts as well but special education costs were running higher than they anticipated to offset cuts that they might make Both the School and the Town acknowledged that where possible positions are not being filled and all cost cutting measures are being reviewed As both the School Committee and the Board of Selectmen were in the process of reviewing budgets submitted by the Administrators, the Manager and the Superintendent of Schools, it was recommended that another meeting be held on Thursday, February 5 at 5 00 P.M The meeting adjourned at 10 50 A.M Respectfully submitted, Robert M Hutchinson, Jr Town Manager I VOID I I \\-•\ SELECTMEN'S MEETING January 19 , 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, January 19 , 1981 at 7 30 p.m Chairman Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager and Miss Casey, Executive Clerk were present Mrs Miley convened the meeting at 7 30 and turned the chair over to Center Mrs. Battin, Chairman of the Center Revitalization Committee Parking Mrs Battin explained that the committee had been meeting regularly since last summer to develop a parking plan for the center which was brought to the Board of Selectmen on December 22 The Selectmen deferred action at that time until it had input from everyone concerned The action steps were referred to the Manager who is to report back to the Board on February 14 Town Meeting Members were notified of this meeting and were sent copies of the report as were interested people in the Center Mrs Battin informed the Board that the Committee was requesting that the Board, after listening to tonight's input, either now or subsequently adopt thepolicies in- principle pending their review and recommendation by the Manager The policies were unanimously supported by the Committee with the exception of #6 which they feel needs more work before presenting II/ to the Selectmen which may possibly mean the development of a By-Law Mrs Battin called upon Mr Bowyer, Planning Director, who prepared the report, to explain in detail the suggested policies and actions to im- plement the policies In brief, they were 1) Provide an adequate supply of parking spaces including some surplus to accommodate peak demand of "turnover" parking for customer/clients in the center After the needs of "turnover" parking for customers/clients are met, provide the remaining available space for all day employee parking 2) The parking program must be financially self-supporting The parking fund shall be the sole source of Town funds for operating the parking program and for capital funds for improvements to parking facilities 3) Establish a system allocating parking spaces with appropriate time limitations on the use of spaces, according to distance from activities that generate the greatest parking demand. 4) Set rates for the use of parking spaces according to location and length of stay utilizing a graduated fee schedule with different rates for different types of spaces, to achieve the appropriate utilization of parking spaces 5) Encourage the use of other alternate modes of transpor- tation for all day parkers, i.e carpooling, public transportation. 6) For all new developments in the CB zoning district, including additions to ex- isting buildings, require that additional off-street parking spaces be pro- vided 7) Town parking fund shall pay the full economic cost of the con- struction of new parking spaces for the reconstruction of existing spaces , including landscaping and screening 8) Encourage pooling or time-sharing of parking spaces according to the differential daily, weekly and seasonal parking needs of various activities. This is a concept not previously dis- •, -2- cussed in the report This concept would include the use of part of a church's parking lot during weekdays while. maintaining principal parking use on weekends and evenings This concept needs more work but was in- troduced as a general principle Mrs Battin thanked Mr Bowyer for his presentation She suggested that questions be taken in the order of priority set by the Committee the first priority in the parking plan would be the "turnover" parking for cus- tomers/clients and then for employees 2) Parking plan must be self- supporting, both operating expenses and capital 3) All parkers must pay something except residents and their guests at homes on adjoining resi- dential streets would not be required to pay 4) Accountability and 5) Protection for adjoining residential areas During the brief discussion that followed, it was brought out that Mr Bowyer felt that 100 spaces of the 500-600 should be metered for short-term parking and the remaining metered for 2, 3 and 4 hours There would be two types of unmetered areas such as the Meriam Street lot which would be availabe for stickers and the other would be on streets such as down Mass Avenue by the Green and Grant Street as far as the railroad tracks where you could post for areas of sticker parking Sticker parking enforce- ment would be carried on by the police The possibility of having spaces for small cars was discussed and Mr Bowyer is going to review this possibility It was felt that this type of parking was generally not feasible Mr Hutchinson suggested that the stipulation that the parking fund be the "sole" source of funding be changed to the "primary" source of funding Mr Crain and Mr Busa agreed because they felt that otherwise it might jeopar- dize the expansion of providing parking facilities Mr Biwa also felt that in trying to revitalize and be cost effective, a situation might arise where Lexington Center is "devitalized" and end up with fewer conveniences of town shopping than now People will go elsewhere where parking is free Mr Michelson of Michelson's Shoe store stated his disapproval of the proposal because he felt the anticipated $135,000 per year revenue could become a fund raiser for the Town after the initial use of the funds for a few years for improvements He stated that parking meters were estab- lished, not as a fund raiser, but as a means of turning over parking and controlling it Mr Crain agreed that the intent is to revitalize the Center and that the meters can be adjusted if it is found that considerably more revenue is realized and it is a negative impact, then the meters would be changed The Manager stated that a duly designated committee will be invited via the Chamber of Commerce or the Center Revitalization Committee to come in and review the records regarding how the money is accounted for from parking meter funds He further stated that Mr Bowyer and Mr Sacco and himself had agreed to the items they felt should be cost allocated to the cost of providing parking services in the inititial mark up of costs The intent was to insure that we provide both to the public and private bodies a certain degree of confidence that the money is being managed properly Mr Kent felt that there may be other ways, not currently foreseen, that parking revenue could be used with a view to benefitting the revitali- zation of the center Mrs Battin stated that the Committee was asking that the Board adopt the policies , in principle, pending review and recommendations by the Manager with the exeption of #6 which was not being proposed at this time - 3 - , 11 Selectmen's Meeting January 19, 1981 Upon motion duly made and seconded, it was voted to adopt policies one through eight, omitting number six; and amending policy number two in the third line substituting the word "primary" for "sole" in reference to the source of Town funds for operating the parking program. The Board of Se- lectmen, three years hence, be directed to review the policies and update them Mrs Miley thanked the Committee for the time and work that was put in- to the development of this parking plan The Committee retired from the meeting The Board met with the Personnel Advisory Board to discuss the per- Personnel sonnel policies Adv Board Mr Busa stated that he felt that it was an excellent report but felt that a dollar figure should be set relative to the employee development plan before it was adopted Mr Crain felt that it should be looked at as a total system considera- tion and not just the cost of one segment The Manager stated that the estimate has been about $3,000 for part- time services to work with the Town to prepare and implement the develop- ment plan understanding that certain things in the employee development plan will come from normal Town funding He recommended that the Board adopt the plan and felt that the money should be expended Upon motion duly made and seconded, it was voted accept the Personnel Policies and Procedures submitted by the Personnel Advisory Board The Chairman requested a vote on the reappointment of John L Davies Historic to the Historic Districts Commission Districts Upon motion duly made and seconded, it was voted to reappoint John L Appt Davies to the Historic Districts Commission (representing the Historical Society) The Board reviewed the articles for the Special Town Meeting relative Special to assignment of articles The Chairman gave tentative article assignment Town to the Board members Meeting During the discussion the question of an indefinite postponement of Article Article 14 was brought up by Mr Busa who was in favor of this action and 14 - made such a motion Police Mr Kent requested an amendment of the motion to provide that the article be inserted in the warrant for the Annual Town Meeting Upon motion duly made and seconded, it was voted to call for indefinite postponement of Article 14 and its insertion in the warrant for the Annual Town Meeting The Board discussed setting the date for Town Meeting Mr Hutchinson and Mr Busa were in favor of setting the date of March 30 in the hope that there would be more information available on the cherry sheets Mrs Battin reminded the Board that the Town Meeting Chairman had re- written to urge the Selectmen to set4the date for Town Meeting on the tra- ditional date two weeks after Town elections Town meeting could then con- sider articles that did not involve financial consideration and adjourn as necessary After further discussion, it was agreed to set the date of March 16 Upon motion duly made and seconded, it was voted, 4-1, Mr .Busa voting in the negative, to set the first business session of the 1981 Annual Town Meeting on March 16 Sewer The Manager referred the Board to a request from Donald Wilson of Wilson Deferrment Farms, Inc for an abatement of sewer charges in the amount of$6,356 80 Alexander The Manager recommended a deferral at this time rather than an abatement Wilson Upon motion duly made and seconded, it was voted to grant a three-year deferral of a sewer charge in the amount of $6,356 80 to Donald Wilson as provided under the provisions of Chapter 159 of the Acts of 1950, against property owned by James Alexander Wilson and located on Parcel C, Pleasant Street, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Park and The Board discussed the proposed changes in the Park and Recreational Recreational Facilities regulations The Board felt that regulation #11 which changes Regs existing regulation #5 was not clear and asked that it be studied further and brought back to the Board at a later date Mrs Banks is to consult with the Recreation Department and report back to the Board CMARC The Board discussed the request of the Human Services Committee for the II/Article insertion of an article in the warrant for funding for CMARC During the discussion it was brought out that CMARC usually submits its own article, but missed the deadline this year due to changes within its organization This will be a Selectmen's article and dollar amount will be specified The Board agreed to insert the article in the amount of $5,000 User Fees The Board discussed proposed increases in user fees for the Board of Bd Appeals Appeals and the Building Department After discussion, it was agreed that the Building Commissioner will report back to the Board with examples showing the past fees and the pro- posed increases and the resulting increase to the applicant It was also agreed to approve the requested increases from the Board of Appeals Upon motion duly made and seconded, it was voted to approve the re- quested increases in user fees submitted by the Board of Appeals as follows Renewals $ 50 00 Special permit $ 75 00 Variance 75 00 Sign 50 00 Site review 200 00 Cluster devl 200 00 Multi dwell 200 00 Subsidized 200 00 Appeals 50 00 - 5 - X73 Selectmen's Meeting January 19, 1981 Mr Cohen informed the Board that he had received requests to reserve Warrant space in the warrant for resolutions for Fair Housing and one for State Resolutions level funding He inquired whether the. Board wished to have separate articles for these resolutions or whether they could be offered under Article 2 of the warrant The Board indicated that a separate article should be drawn for the fair housing resolution The resolution relat- ing to State level funding could be offered under Article 2 Upon motion duly made and seconded, it was voted by roll call vote 5-0, Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain - to go into Executive Session to discuss matters of collective bargaining and one matter of real estate litigation, with no intention of resuming open session Upon motion duly made and seconded, it was voted to adjourn at 11 10 p m. A true record, Attest Executive Clerk 7),,, („k ✓� 1 I VOID A\ 3 SELECTMEN'S MEETING January 26, 1981 A regular meeting of the Board of Selectmen was held in the. Be1ectmen's Meeting Room, Town Office Building on Monday, January 26, 1981 at 7 30 p m Chairman Miley, Mr Buse, Mrs Battin, Mr Kent, Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Mana- ger and Miss Casey, Executive Clerk were present Mr Louis Zehner, Town Treasurer, requested the Board's approval to Treasurer borrow $190,000 for sewer construction as voted under Article 19 of the 1978 Annual Town Meeting He recommended that the award be made to the lowest bidder, First National Bank of Boston Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Town Treasurer to borrow $190,000 for sewer construc- tion from the First National Bank of Boston at an interest rate of 7 92% to be dated February 2, 1981 and become due June 16, 1981 Mr Zehner also informed the Board that the $66,000 bicycle path loan from Shawmut County Bank is due on February 6 and recommended renewing it until June 16 on a non-competitive bid from Shawmut CountyBank P Upon motion duly made and seconded, it was voted to approve the rec- ommendation of the Treasurer to renew the $66,000 bicycle path loan with the Shawmut County Bank at 8 75% until June 16, 1981 The Chairman read a request from the Tax Collector for approval of Bonds deputy collectors bonds in the amount of $5,000 each Upon motion duly made and seconded, it was voted to approve the bonds for the deputy collectors Paul E Kelley, Ellen M. Kelley, John D Kelley and Richard J Gallagher in the amount of $5,000 each Upon motion duly made and seconded, it was voted to approve the One Day issuance of a One Day Liquor License to RAEDACC ASSOC for January 29, Liquor 1981 at midnight Lic The Chairman read a request from the Director of Public Works/Engin- Water Bill eering for abatement of water bills Abatements Upon motion duly made and seconded, it was voted to abate the follow- ing water bills H Grundei, 12 Outlook Drive, $27 00 - Incorrect reading of July 80 adj to min charge; H Caulfield, 18 Fair Oaks Terrace, $11 25 -- p Estimate adjusted to minimum charge; J MacCarey, 357 Lincoln Street, $38 70- incorrect reading Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meetings of September 22, 1980 and January 17, 1981 The Manager requested the Board to vote its intention to lay out as Streets- public ways two subdivision streets -- Apollo Circle and Kendall Road Apollo Cir Upon motion duly made and seconded, it was voted to lay out as pub- lic ways Apollo Circle, from Kendall Road a distance of 483 feet, more or less, to the end and Kendall Road, from the existing Town layout, which is 50 feet northeasterly of Grapevine Avenue, a distance of 190 feet, more or less, to the existing Town layout beyond Apollo Circle - 2 - 1981 Articles Upon motion duly made and seconded, it was voted to insert the articles Tn Meet in the Warrant for the 1981 Annual Town Meeting 1981 Mrs Banks informed the Board that the low bidder for printing of the Warrant Town Warrant was D Irving & Co of Walpole, Mass at 56 pages @ 57 20 and requested approval of the Board to award the contract Upon motion duly made and seconded, it was voted to award the contract for the printing of the 1981 Town Warrant to D Irving & Co of Walpole, Mass per contract specifications There was no executive session Upon motion duly made and seconded, it was voted to adjourn at 8 15 p m. A true record, Attest 61/& C-717 °64-"Pt Executive Clerk 41 �� 0\0 3\1 ' SELECTMEN'S MEETING 7 February 2, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, February 2, 1981 at 7 30 p m. Chairman Miley, Mr Busa, Mr Kent and Mr Crain; Mr Hutchinson, Town Mana- ger; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk were present The Chairman opened the hearing on sub-division streets - Apollo Street Circle and Kendall Road Hearing The Manager stated that the Director of Public Works/Engineering had Sub-Div reported that both streets meet with the Town standards for sub-division Apollo Cir streets and recommended acceptance Kendall Rd Upon motion duly made and seconded, it was voted to lay out sub- division streets as follows Apollo Circle -- From Kendall Road a distance of 483 feet, more or less, to the end Kendall Road -- From the existing Town layout, which is 50 feet northeasterly of Grapevine Avenue, a distance of 190 feet, more or less, to the existing Town layout beyond Apollo Circle Upon motion duly made and seconded, it was voted to approve the re- One Day quest of RAEDACC Association of W R Grace & Co for a One Day Liquor Li- Liquor 111 cense for Feb 11 &12, 1981 until midnight Licenses Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's Meetings of October 6, October 20, 1980 and January 5, 1981 Representative Doran met with the Board to speak briefly about some Rep Doran of the current issues He stated that he will meet with the Board on a monthly basis to "keep the channels of communication open and the flow of information moving " He stated that he would make every effort to work with the Board, Manager and other Town Boards in a spirit of cooperation during these difficult times Mr Doran announced that he will be at the Town Office Building on the first Friday of each month from 8 30 a m until 10 00 a m and at the Council on Aging office the same day from 10 00 a m. until 11 30 a m He expressed appreciation for the office space made available to him for the time he is in the Town Office Building Mr Doran stated that he campaigned against Proposition 2 1/2, but will attempt to implement the law in a reasonable manner There are four amendments currently before the legislature that would make it a more work- able law He mentioned that the committee on counties, of which he is a member, will be holding hearings this week on bills to abolish county government, to strengthen county advisory boards, to create a blue ribbon commission to investigate Middlesex County and to establish charter com- missions within each county and other cost saving measures He invited the Board to submit written or oral testimony and pledged to do whatever he could to remove the burden of county government from Lexington property taxpayer 7 - 2 - Fair Housing The Board discussed the Fair Housing Resolution draft to be presented Resolution to Town Meeting at the recommendation of the Fair Housing Committee Sug- gestions made by the Board was in the realm of the wording rather than the intent of the resolution A redraft of the resolution will be presented to the Board at next week's meeting for approval Test Boring The Manager recommended that the Board award the test borings contract Contract to Soil Exploration Corp 81-5-E Upon motion duly made and seconded, it was voted to award the contract for test borings to Soil Exploration Corporation, 425 Taylor Rd , Stow, Mass Contract 81-5-E in the amount of $7,350 00 Hanscom Field The Manager requested the Board to sign the Hanscom Field Sewer bill Sewer Con for the use of the Town's 14 inch sewer This represents a provision of a contract amended in 1970 requiring payment, upon billing from the Town, of - quarterly charges totalling $3,000 per year There is no record that this has been billed by the Town The problem has been discussed with the con- tracting officer and staff at Hanscom on January 9, 1981 The current bill- ing represents back payment to 1970 and arrangements have been made to bill the quarterly amount in the future Mr Busa will be talking with officials at Hanscom regarding the matter Upon motion duly made and seconded, it was voted to approve the billing of the quarterly charges for the use of the Town's 14 inch sewer from 1970 to the present time in the amount of $30,000 to the Hanscom Field under the Sewer Contract F-19650-71-C00381 Youth Com- The Manager informed the Board that he had appointed Il Song Ahn to mission Appt the Youth Commission subject to the Board's approval Upon motion duly made and seconded, it was voted to approve the appoint- ment of I1 Song Ahn to the Youth Commission Adams School The Manager ] esp etktd&_thatthe Board and the School Sites Conversion Com- mittee, who were in attendance, go into Executive Session to discuss the use of Adams School Mr Arthur Smith, Chairman of the Town Meeting Members Association and Moderator of the Follen Church, questioned why it was necessary to go into Executive session He stated that he understood why amounts or details of proposals were not disclosed before negotiating details with an individual, but did not see why the use of the building fell into the category of execu- tive session The Manager explained that the Board would be dealing with a piece of tax exempt property and that there were two issues One an offer of payment in lieu of taxes and the other was dealing with condominium developers who were going to offer so much per unit and one dealing with low and moderate income housing who were going to offer so much per unit and the acquisition price were all subjects for executive session Mr Smith stated that he understood that the use was going to be de- cided on the basis of the value of the offers that are now before the School Sites Conversion Committee Mr Kent stated that he felt that this was a factor Mr Cohen stated that the Board would be discussing factors that have a bearing on how much would be obtained for the property and that it was a proper executive session item. - 3 - 7g Selectmen's Meeting February 2, 1981 Mr Smith asked at what point the records of the executive session would be available to the public and Mr Cohen replied that they would be available after the transaction was completed Mr Smith stated that once a developer was chosen the Board would be presenting it to Town Meeting and he felt that the results of the executive session should be in the public's domain He stated that, as Moderator of the Follen Church, he had interest in the discussion of the proposal and many of the issues were of concern to the church, particularly the school use of the property vs housing He stated that he understood that there were price tags attached to both and it seemed to him that the details of the offer were not development issues He felt that the Board was not com- paring two people who were making different offers but were deciding how much they would settle for as the use was decided He stated that it seemed to him that the question of whether the property might remain tax exempt and what the implications of that would be for the Town was somewhat independent of what the particular proposal of the Waldorf School is and the one the Board wished to accept and what the Board would ask them to do He stated that he was very concerned that the use, insofar as possible, be settled in public and in open session. Mr Kent stated that he felt that there was a great deal in what Mr Smith said and that it had been helpful for him to have spoken He said that he felt it behooved the Board after the executive session was held to come into open session and to discuss the question of policy judg- ment with respect to use openly in open session He stated that the prob- lem of doing it in the first instance was the difficulty of entirely elim- inating the competitive aspect that exists between the people who are in- terested in acquiring the property He stated that the Board must be very careful as to how it handles that in relation to the other factors, which he agreed, ought to be in the public domain He stated that the Board did have a problem in relation to this competitive aspect which did call into play the precise reason for going into executive session and why it would be uncomfortable not being in executive session Mr Smith stated that he hoped that the Board understood that he did not wish anyone inferring things regarding what he expected the Board to do He expected that the Board would take a full and fair consideration of the problem and reach the best decision it could He stated that he felt it was necessary for many who were concerned both as Town Meeting Members and concerned neighbors to understand what factors the Board took into consideration so that they could be assured that the things which were important to them were important to the Board He stated that, as Modera- tor of the Follen Church, that group had met and discussed at length how they felt, as nearest abutters,to the projected use of the building and had conveyed their feelings to the School Sites Conversion Committee He said he would like to be assured that the information was clearly presented and available to the Board of Selectmen if it chose to use it He stated that that was his concern as to what the process was Mrs Miley informed Mr Smith that the minutes of the School Sites Conversion meetings had been sent to all the members of the Board and that they were very much aware of what his church was concerned about CI - 4 - Exec Session Upon motion duly made and seconded, it was voted 4-0, by roll call vote, Mrs Miley, Mr Busa, Mr Kent and Mr Crain to go into Executive Ses- sion, with the intention of resuming open session, to discuss matters of real estate negotiations After discussion it was voted to go out of executive session and resume the open meeting Adams School Mr Kent informed those present that he could now identify the reason for executive session was that the Board had received a specific economic dollars reference regarding the building He stated that the Board did not, and still does not, believe at this time it should be discussed in public He stated that the Board was in full agreement that the discussion relative to the use should be held in open session prior to making a decision He sug- gested that the Chairman might want to announce what recommendations the Board had received from the School Sites Conversion Committee and then have the recommendations discussed The Chairman stated that the recommendation of the School Sites Conver- stion Committee was for housing Mr Busa supported this recommendation and reminded the Board that one of its goals had been to provide low and moderate income housing in Lexington Mr Crain asked the Chairman, as a point of information and clarifica- tion, in no way did she mean to imply that the use of other schools presently being considered or scheduled to was predetermined Mr Miley replied the answer was "No" and said that the same thing was done with every other school and that was to take the suggestions, crea- tive and otherwise, and if housing did not seem to be the right thing, then, obviously, it wouldn't be housing Mr Kent asked the Chairman if the recommendation of the Committee had included else they would like the Board to do tonight beyond the designation of the use Mrs Miley said that all requested of the Board tonight was a designa- tion of the use Mr Crain asked if it was stipulated who a firm proposal was expected from was announced at this time when designating the use of other schools Mrs Miley stated that, mainly, thewholeprocess was gone through un- til it came to the final developer before the developer was identified Mr Kent stated that it was his understanding that the Committee was asking the Board to leave with the Conversion Committee the task of develop- ing specific proposals for submission to the Board and not asking the Board to get involved in it at this time Mrs Miley stated that he was correct Upon motion duly made and seconded, it was voted to designate the use of Adams School for housing Recreation Ms Joan Halverson, Recreation Coordinator presented to the Board a Fees proposed fee schedule for the Board's review Basically, the recommended changes were an increase in the pool and Res Season Passes family increase of $6 00, individual adult increase of $2 00 and youth and senior citizen by $1 00 It recommended elimination of the tennis ID card and increase the reservation fee to $1 00 No changes were recommended for the winter field house A new recommendation was a charge of $2 00 for the use of the ball field for an individual and $20 00 charge for leagues per team per season There will be no charge to youth leagues - 5 - go Selectmen's Meeting February 2, 1981 duly made on motion p and seconded, it was voted to approve the recommended changes in the user fees presented by the Recreation Committee Mr Clifford Prentiss, Director of Conservation met with the Board Wetlands to present proposed fee schedule for the Conservation Commission under Prot Act the Wetlands Protection Act, G L Ch 131, Sec 40 and the Town's By-Law Fees XXXIII After discussion, the Board approved the following fee schedule Wetlands By-Law Hearing - $25 00 (i e dwelling, tennis court, swimming pool, bridge, etc ) Multiple dwelling units shall be charged $25 00 per dwelling unit Commercial and industrial projects $25 00 plus $5 00 per $10,000 of established general construction cost over $100,000 Chief Bergeron of the Fire Department presented proposed fees in Fire Dept connection with Fire Department services The question of the increase Fees in ambulance fees was discussed in detail and Mr Kent stated that he was reluctant to approve increases of this magnitude unless there were two things clarified 1) We should have a basically effective, efficient way of collecting this money and really pursue it so that it isn't money that is collected simply from people who respond readily to the receipt of a bill 2) Have some mechanism for dealing with hardship cases The Manager is to file up-dated information on the collections Upon motion duly made and seconded, it was voted to table the re- quest for increases in ambulance fees Other fees were discussed and approved as follows Upon motion duly made and seconded, it was voted to approve the following fees charged by the Fire Department Oil Burner Permit $5 00 Blasting Permit $5 00 Tar Kettle Permit 5 00 Propane Permit/ Model Rocket Permit 5 00 Black Powder Strg 5 00 Fireworks Permit 5 00 Oil Tank Truck Per 5 00 Flammable Storage Per 5 00 INSPECTIONS Quarterly Nursing Home $50 00 Quarterly Theatre $50 00 Quarterly Lumber Yard 50 00 Quarterly Motel 50 00 Quarterly Private School 50 00 Periodic Commercial/ Industrial 50 00 MISCELLANEOUS FEES Stringing Flag Pole Pipes $50 00 Fire Alarm Master Box Annual Hooking 50 00 Fire Alarm Initial Hook-up 250 00 Other suggested fees discussed but not approved were Cellar Pumping $30 00/hour (first call per property - free) ; Quarterly Day Care Center Ill Inspections - $50 00; Alarm Malfunctions, False Alarms at Master Boxes $50 00; Telephone Dialers False Alarms $50 00 i - 6 - Warrant The Manager referred the Board to its copy of a letter from Sellew, Special Doherty & Sheskey, Inc relative to the scheduling for the bidding and Tn Meet contract award for the restoration work at Cary Library The schedule set and forth in the letter called for a special Town Meeting within the Annual Annual Town Meeting on April 8 The Board agreed and the following votes were Tn Meet taken Upon motion duly made and seconded, it was voted to set the date for the Special Town Meeting within the Annual Town Meeting of April 8, 1981 Upon motion duly made and seconded, it was voted to sign the Warrant for the 19.81:Annual Town Meeting and the Special Town Meeting within the Annual Town Meeting State Mr Hutchinson referred the Board to its copy of the letter from the Level Town Manager in Arlington requesting the Board's endorsement of the pro- Funded posal of the Mass Municipal Association of a level funded State budget Budget with new revenues to be distributed to cities and towns to assist in dealing with Proposition 2 1/2 Upon motion duly made and seconded, it was voted to support the re- quest of the Town Manager of Arlington and endorse the concept of State level budget for the next fiscal year Mr Marquis is to be so notified Mrs Miley abstained from voting Conserv Land Mr Cohen asked the Board to sign a deed for the transfer of land to the Conservation Commission under Article 41 of the 1980 Town Meeting Upon motion duly made and seconded, it was voted to sign the deed for the transfer of land to the Conservation Commission under Article 41 of the 1980 Town Meeting Upon motion duly made and seconded, it was voted to adjourn at 10 45 p m. A true record, Attest at6" (717 Executive Clerk I 4k,N,�' SELECTMEN'S MEETING February 9, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 9, 1981 at 7 30 P M. Chairman Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present Mrs Anne Grady, Chairman of the Garrity House Study Committee pre- Garrity sented to the Board the Committee's recommendation for the future use of House the Garrity House and carriage house It was the consensus of the Commit- tee that use of the house for either residential or office purposes was acceptable and use of the carriage house as a simple tourist facility was an excellent way to preserve the historic complex Several proposals called for either residential or office use of the house and for turning the carriage house into a tourist facility featuring light restaurant and crafts shop or gallery Mr Kent asked if consideration had been given to the concept of availability of private funds for the preservation of the building Mrs Grady responded that the idea had been pursued but private funds at the present time were very limited and had not been available for the Garrity House project Mr Kent brought out the fact that there could be some difficulty if the property was to be used for business use He felt that neither the report nor the articles submitted for Town Meeting had not mentioned the possibility of retention of the building by the Town after it had been put into condition by the Town Mrs Grady responded that the committee felt that the wording of the article was "rehabilitation by the Town for housing or any other use" covered the issue During the discussion it was brought out that the Building Commissioner had previously indicated that the property could be restored for low-grade office that didn't require considerable use by the public at a lower cost than for housing of great public use Restoration costs will be in the vicinity of $100,000 Participation from residents in the area strongly indicated that there was oppostion to the buildings being utilized for commercial uses The Chairman stated that no conclusion would be arrived at this eve- ning and thanked the Committee for the work it had put into the project The Committee retired from the meeting Mr Joseph Rooney, Chairman of the Council on Aging, met with the COA Board and extended his appreciation to the Board and the Town Manager for the interest and help that had been rendered to the Council on Aging for the last two and one half years - 2 - He made reference to the Council on Aging's response to the Elderly Needs Assessment survey made by Mrs Phear He complimented Mrs Phear on the outstanding job that she had done and stated that he was sorry that the Council did not agree with her on certain points He stated that every Council member had read her report and there had been an open meeting and submitted its report of February 4 to the Board The report indicated that the Council endorsed the renovation of the Muzzey School with the objective of having an income producing building with adequate space available to the Council on Aging The report also recommended that the unexpended balance from the appropriation of $7500 for The Elderly Needs Assessment be used for architectural study of Muzzey School to determine its feasibility for use by the Council on Aging and by other agencies/tenants compatible with the senior population it serves The report also listed services the Council would like to include in a Senior Center developed at Muzzey. Mr Rooney emphasized that it was still the Council's concenses that Munroe School was the better location. It was pointed out that the Council on Aging was anxious to have the Town get on with the study and the Board agreed Munroe School Upon motion duly made and seconded, it was voted to eliminate Munroe School as a location for the Senior Center and direct the Manager to work toward a multi-term lease for the building The Chairman thanked the Committees for the work they are doing relative to the needs of the elderly in Lexington and they retired from the meeting CATV Upon motion duly made and seconded, it was voted to accept the resigna- Resignation tion of Dr Alan L Frohman from the CATV Committee effective January 1, 1981 Battle Green Upon motion duly made and seconded, it was voted to grant the request of The Lexington Minute Men, Inc for the use of the Green on Sunday after- noon from 2 00 p m until 4 00 p m to rehearse the reenactment of the Battle of Lexington in preparation for April 20 Streets Upon motion duly made and seconded, it was voted to lay out the follow- Kendall Rd ing streets Apollo Cir Kendall Road - From the existing Town layout, which is 50 feet northeasterly of Grapevine Avenue, a distance of 190 feet, more or less, to the existing Town lay- out beyond Apollo Circle Apollo Circle From Kendall Road a distance of 483 feet, more or less to the end Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of October 27 and December 22 License Upon motion duly made and seconded, it was voted to approve the renewal Common of the Common Carrier License for the year 1981 for Paul Naughton d/b/as Carrier Boston Tours Animal The Board discussed the proposed changes in the Animal Shelter Rates Shelter Mr Busa explained the new categories i e Farm Beast and Pure Bred Cat Rates Upon motion duly made and seconded, it was voted to approve the changes in the Animal Shelter Rates as follows - 3 - N Selectmen's Meeting February 9, 1981 Pick-up of dog (1st time) $25 00 Pick-up of dog (2nd or subsequent time) $50 00 Pick-up of stray farm beast $25 00 Board Per Day (or any part thereof) Dog (1 to 6 days) $ 3 00 Dog (7 or more days when owner has been notified) $ 5 00 Farm beast 5 00 Adoption Pure Bred Dog $20 00 Mixed Breed Dog $ 5 00 Pure Bred Cat $ 5 00 Mixed Breed Cat $ 2 00 Surrender of Dog or Animal to Town Turn-in of Animal (by owner) $10 00 Euthanasia of Animal (for owner) $10 00 Disposal of Animal (for owner) $10 00 Turn-in of Litter of Puppies (by owner) $25 00 Turn-in of one Puppy $10 00 .. The Manager recommended that the contract for the addition to the Main- West- tenance Building at Westview Cemetery be awarded to Construction Mgr Co view Upon motion duly made and seconded, it was voted to award the contract Cemetery for the addition to the maintenance building at Westview Cemtery to the Con- struction Management Company, 86 Larson Road, Stoughton, Mass , Contract #81-6-E, in the amount of $66,000 The Manager informed the Board that the Town Engineer and Public Works Hartwell Dept had met with the North Lexington Association and representatives of Ave/ the business community in the Hartwell Avenue area relative to the traffic Bedford study He requested the Board's approval to schedule a meeting on Feb 23 St to review the study and endorse an action. The Board approved Traffic The Manager informed the Board that he had a report from Chief Ber- geron relative to the Board's request for figures on the collection rate of the ambulance fees The collection rate is approximately 67% and he had been dealing with firms that he plans to utilize who should be able to in- crease the collection rate to about 90% The firms realize $5 00 on every account they pursue He requested the Board to approve the ambulance fees proposed by the Fire Chief Upon motion duly made and seconded it was voted to approve the follow- Ambulance ing ambulance rates effective immediately Fees AMBULANCE TO Symmes, Choate, Winchester, Waltham, Bedford V A and Lahey Clinic $60 00 Emerson, Mount Auburn and Sancta Maria $75 00 All others $90 00 Mr Busa informed the Board that he had met with the Building Com- Building missioner and Plumbing Inspector on Friday and they had come to agreement Insp on the proposed changes in the fee schedule Fees Upon motion duly made and seconded, it was voted to approve the follow- ing building and inspection fees , C4; - 4 - BUILDING PERMITS (fees based on actual square footage and valuation) New construction (including additions, alterations and repairs) $5/$1,000, minimum fee $20 00 Demolition - $4/$1,000, minimum fee $15.00 Signs (includes cost of sign and installation) $4/$100, minimum fee $15 00 Foundation (excavation included, based on square footage) $4/1,000, minimum fee $15 00 Moving structures (based on assessed valuation of structure) $15 up to $2500 valuation $30 any structure over $2500 Wood stoves, re-roofing, re-siding, pools (based on total costs of labor and materials) $4/$1000 valuation, minimum fee $10 Certificate of Use/Occupancy - $7 50 $25.00 for certifying pre-existing building Permit renewal - $20/year Work commenced without permit/re-inspection see "RULES" Certificate of zoning compliance $50 00 ELECTRICAL PERMITS (a) New dwelling Complete wiring including service $30/unit (b) Existing dwelling Services Increase, replacement and temporaries $10/service Additions, remodeling, pools (less service and fixtures) $1/$100 market value $10 minimum fee (c) Miscellaneous Additional circuit, water heater, boiler, etc $1/$100 market value Where no rough inspection required $5 minimum Non-Residential Based on estimated cost of wiring, less $2/$100 up to $10,000 fixture 50/$100 over $10,000 $10 minimum fee Maintenance Permit Required for any business having a licensed $100 annual fee per electrician in their employ for maintenance building purposes Permit will be void if notification is not received within 6 months from date of issue Work commenced without permit/re-inspection, see "RULES" PLUMBING PERMITS New installation or replacement fixtures First 5 fixtures $25 Each additional fixture $ 4 Remodeling kitchens/bathrooms First 2 fixtures $20 Each additional fixture $ 4 Automatic Hot Water Heaters Residential and existing $12 50 Work commenced without permit/re-inspection see "RULES" - 5 - $(a Selectmen's Meeting February 9, 1981 GAS PERMITS New appliances First 2 $20 Each additional appliance $ 4 Replacement appliances First 2 $10 Each additional appliance $ 4 Vent damper (residential or commercial) (Installer must be licensed/verified) $25 Work commenced without permit/re-inspection see "RULES" PLUMBING/GAS COMBINED For Hot Water Heater only $15 PLUMBING/GAS/MECHANICAL COMBINED) Boiler replacement only $20 Burner replacement only $15 MECHANICAL PERMIT Minimum permit - up to 2 devices $20 Each additional device $ 4 Airconditioning up to a 25 ton unit $30 $10 per ton over 25 tons or any portion thereof $30 Sprinkler system $30/50 heads $1 per sprinkler head thereafter Work commenced without permit/re-inspection see "RULES" Mrs. Banks reviewed with the Board the changes in the Park Regulations previously discussed that the Board had questions on After discussion, the Board approved the changes Upon motion duly made and seconded, it was voted to approve the follow- ing Park and Recreational Facilities Regulations PARK AND RECREATIONAL FACILITIES REGULATIONS The Board of Selectmen for the Town of Lexington, by virtue of its authority to make rules for the use and government of the Public Parks of said Town, and for breaches of such rules to affix penalties, hereby ordains that within the limits of the Public Parks and Recreational areas, except with the prior written consent of the Board or its designee, it is forbidden 1) To be in or on Park or Recreation Property from one-half hour after sunset to one-half hour before sunrise except while open for public skating or any other lighted recreational use 2) To cut, break, injure, deface, defile, or ill-use any building, fence or other construction or any tree, bush, plant or turf, or any other thing or property of said Town 3) To have possession of or consume any alcoholic beverage, or play any game of chance, or commit any disorderly or improper action; or disturb the peace in any way, or conduct oneself in such manner as to interfere with the right- ful enjoyment of the public upon these grounds ' 4) To refuse to obey the orders or requests of either the Selectmen or the Police, or other agents of the Selectmen, and to refuse to assist them when required -6- 5) To make a fire except in designated fire places with permission of the Fire Department 6) To have possession of or discharge any destructive weapon, firearm, firecracker, torpedo, or firework; to hunt, trap or shoot; injure or have possession of any wild animal or bird; to injure or disturb bird nests or eggs 7) Post, paint, affix or display any sign, notice, placard or advertising device; or engage in business, sell or expose for sale, or give away any goods, wares, or circulars 8) No dumping of any kind shall be permitted within any park grounds, school grounds and recreation areas 9) The playing of golf is strictly prohibited 10) It is forbidden to operate or park a motor vehicle, without limiting the generality of the same, any car, truck, bus, motorcycle, motor bike or snowmobile on park grounds, school grounds and recreation areas, other than in the official use of the Town 11) To allow any domestic animal, other than dogs on leash or under voice control, or horses under rider control to go upon these grounds All ani- mals are expressly prohibited from school grounds, playgrounds, areas desig- nated as parks, playing fields or fine turf areas Compliance with the foregoing regulations is a condition of the use of these premises Any person willfully doing any of the things above forbidden shall be punished by a fine not exceeding one hundred dollars Conservation Mr Cohen requested the Board to sign a conservation easement in connec- Easement tion with the Morrow Crossing Development Morrow Cross Upon motion duly made and seconded, it was voted to sign the conserva- tion easement in connection with the Morrow Crossing Development There was no executive session Upon motion duly made and seconded, it was voted to adjourn at 9 15 P.M. A true record, Attest 0(27 Executive Clerk 1 Vv-,b I 88 { SELECTMEN'S MEETING February 23, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 23, 1981 at 7 30 p m. Chairman Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present The Chairman called on Mr Cornelius Cronin, Director of Guides, who Selectman had come to make a presentation of a gavel to Mr Kent on his retirement Kent from the Board of Selectmen Mr Cronin addressed the Board and gave a short history of the Board of Selectmen in Lexington; one of the first in the Commonwealth First instituted in 1713, the Board members then received 30 pounds annually for its salary Mr Cronin commented that he has been making gavels from limbs of Elm trees on the Green that had been felled during storms in 1959 The last of which had been used during the Ceremonial Town Meeting of the Bi- centennial Celebration on April 20, 1975 The gavel presented to Mr Kent had been made from a tree felled as the result of the snow storm of May 10, 1977 The gavel was inscribed "Historic gavel made from an Elm limb from the Lexington Battle Green - Robert H Kent, Selectman, 1977-1981 --- Lexington, Massachusetts - Moderator, 1966-1969" on each side Mr Kent accepted the gavel and expressed his appreciation stating that there was nothing he would rather have than a gavel made by Mr Cronin The Chairman thanked Mr Cronin and he retired from the meeting The Chairman called on Mr Albert Zabin, Chairman of the Fair Housing Fair • Committee who presented a redraft of the Fair Housing Resolution for Town Housing Meeting Resolution Mr Kent objected to the wording in the resolution that stipulated that "Town Meeting would direct" other boards and officials etc He felt the Housing Authority is not a committee of Town Meeting nor is the Plan- ning Board or Board of Selectmen He stated that there was the implica- tion of authority that is not there and Town Meeting should "request" rather than "instruct" and moved that the resolution be so amended Mp Crain suggested the use of language indicating retention in the Town of people of ethnic minorities and economic moderate to low means He felt that the resolution, as written, implied attracting people into the Town and his concern was to retain those now in town meeting the criteria He stated that he felt the Board must continue to address itself to the financial aspects that would allow people who are here or are at- tracted, to stay The Board and the Committee concurred Mr Busa stated that he felt that the Town has never displayed dis- crimination of any minority but, unfortunately, the economics of the Town has prevented many people regardless of whether or not they are a minority group or majority from coming into the town He stated that reports in- dicate that the Town has achieved the recommended percentage of minority groups as set forth by the Commonwealth He questioned what consideration was being given to create a better atmosphere for the moderate income per- son to come into and stay in the Town He felt that this should be in- corporated into the language of the resolution OC1 - 2 - Mrs Battin disagreed with Mr Kent and stated that, in defense of the wording, the same wording was used that was passed by Town Meeting two years ago She stated that Town Meeting does, by the passage of by-laws, by re- ferring things to committees and directing them to take certain action, in- cluding elected boards ie Planning Board, School Committee etc does di- rect, they stipulate what the roles of certain committees are and then shall have other powers and duties as directed by vote of Town Meeting She stated that this was customary throughout the Commonwealth, and the Town may choose not to, but she felt that it was not inappropriate for Town Meeting to direct or instruct certain actions She stated that she felt that Town Meeting was the one group in Town that could pull the whole Town together She felt that Town Meeting was the only one that could take a stand for the Town She stated that she would vote against Mr Kent in this matter Mr Kent responded that he felt that Mrs Battin was quite right in that does, in effect, from time to time direct the Board of Selectmen by adopting by-laws, but he felt that there was no general policy in the Town Meeting to act as though the Board of Selectmen, the Housing Authority and the Planning Board were committees of the Town Meeting He stated that, therefore, the relationship called for the more respectful language of "request " He stated that there is no general authority of Town Meeting to "direct" the Selectmen to pass certain votes He said that if there were such an authority he would not feel free to disregard those directions once they were made He stated that be believed strongly in the intent of the resolution, but still objected to the implication that Town Meeting would "direct" the Selectmen Mrs Battin pointed out that the Fair Housing Plan was a Selectmen's resolution and had presented it to Town Meeting two years ago with that lan- guage two years ago Mr Kent stated that he felt that it was wrong before and felt that he should say so Mr Zabin disagreed with Mr Kent and stated that the use of the stronger language was to emphasize the importance that the Town placed upon this type of resolution Mr Cohen pointed out that it was a rather academic point and that very little case authority would be found in this regard He stated that his own feeling is that Mr Zabin went a little further than he would but this was only a resolution for Town Meeting and has a lot of worth for symbolic pur- poses but he did not feel that it had any great legal meaning He stated that even though Town Meeting make the policies, the Selectmen are the ones who carry out the policy and is a political matter and if the Townspeople feel that the Selectmen are not carrying out their wishes they will not reelect them. He felt that the Board could decide whether or not they wanted the word "di- rect" or use the word "instruct " Mr Wilson, Chairman of the Lexington Housing Authority, stated that the Housing Authority is not a Town board and is partially State and partially Federal and that is where all of its funds come from. The Town has no legal directive over the Housing Authority because no funds come from the Town He stated that the Housing Authority had received the resolution too late to discuss it at the last meeting but will be on the agenda for its next meeting Upon motion duly made and seconded, it was voted 4-1, Mrs Battin voting in the negative, to approve Mr Kent's amendment to the resolution Mr Buse moved to table the motion untilifx. Wilson has had a chance to discuss it and report back to the Board and the resolution is re- drafted incorporating the new language Upon motion duly made and seconded, it was voted to table the motion un- til next meeting so that the Board can have the reaction of Mr Wilson, Chair- man of the Housing Authority relative to the whole resolution - 3 - Selectmen's Meeting February 23, 1981 The Chairman read a request from the Bel Canto Restaurant for an All Liquor Alcoholic Beverages Common Victualer License She explained that the License restaurant has recently been enlarged and does qualify for the issuance Bel Canto of the license Upon motion duly made and seconded, it was voted to approve the issu- ance of an All Alcoholic Beverages License to the Bel Canto Restaurant with the following hours Sunday through Thursday 12 00 Noon until 10 00 P.M. Friday and Saturday 12 00 Noon until 11 00 P M. Mrs Anne Grady, Chairman of the Garrity House Committee, met with the Garrity Board relative to its report to the Board on alternative uses for the House Garrity House Three uses suggested were 1 ) Town's appropriation of approximately $100,000 to rehab- ilitate the house and be used for market rate office space with an approximate annual income of $13,000 The carriage house would continue in its present use She stated that the committee felt that this was the more flexible use of the premises 2 ) Convey the premises to the Lexington Housing Authority who would rehabilitate the building and use it for low or mod- 11/ erate income housing The carriage house would continue to be used by the Town after rehabilitation She stated that the LHA has approximately $45,000 in state grants for the rehabilitation and remaining funds (approximately $55,000 would be ap- propriated by the Town ) 3 ) The Town would lease the Garrity House and carriage house to a private developer who would rehabilitate both build- Jogs using the Garrity House for office space and the car- riage house as a light restaurant No additions to the ex- isting buildings would be allowed She stated that the committee included this last proposal since there has been quite a feeling in favor of such a use despite some objections that have been raised She stated that the developer is anxious to work closely with the Town and no food would be prepared on the premises and would be op- erate on limited hours She explained that the restaurant would accomodate about 35 people The proposed hours would be 11 00 a m until 3 00 p m with catered dinner parties in the evening Mr Jaquith stated that the committee was seeking some direction from the Board relative to uses and said that it would not be feasible to put in any major concern for use of the Garrity House because the building is not adapted to large scale use It would have to be some small scale con- cern that would not have a great deal of public use He suggested that it could be possibly used for some municipal use by the Town The question of parking was brought up and Mr Crain stated that he was concerned about this because people who lived in the area had objected to the evening use and was a real problem He felt that he would not be able to support #3 use but if Town Meeting did it would have to put up a sum of money to go into the planning stage He felt that the buildings should be preserved, but was not prepared to support any of the alternatives without more details - 4 - 0) Mr Kent stated that he felt that office use on a limited basis with tight restrictions written into the lease would be the more appropriate use of the premises due to the limited funds available for rehabilitation Mr Busa pointed out that there would have to be a zoning change if there was going to be any commercial use of the premises regardless of whether or not Town Meeting passes Article 62 Mr Cohen explained that in Article 62 there is wording that would change the zoning He stated that he was not sure whether there was an exemption for municipal use in the zoning question The present use of the carriage house by the Town would be permissible Mr Spencer of the Housing Authority stated that they would support the proposal for housing inasmuch as they could, but they were never sure of what funds they could get from State and Federal grants, but could not meet the estimate of $110,000. He stated that he felt that a rehab for housing without destroying the entire intent of preservation of the premises would be very difficult Mr Kent stated that the Committee has suggested alternatives in the order of preference He said the Board would need further information generaged by the people who are interested in the potential uses of the property He sug- gested that the Committee go back to these people and put them on notice of the order of preference encourage them, if they would like, to develop factual information so as to indicate what the potential use might be and what income could be expected to offset the cost of rehabilitation The Chairman requested the Committee to do further research on the pro- posals bearing in mind that due to financial restrictions some of them might not be feasible Mr Kent requested the Town Manager to keep in close contact with the Committee because he felt that it might be entirely possible that all of the proposals would vanish and the Board would be going to Town Meeting with no solution to the problem. Mrs William Cosgrove addressed the Board and stated that she and Dr Cosgrove would like to retain the house and restore it, not to be used for any purpose and get rid of the carriage house and would like to donate $2,000 with the hope that other donations could make up the difference for restoration. She stated that someone has volunteered to take charge of the fund and would present it to different organizations who might like to contribute Dr Cosgrove stated that they would go along with low-profile office use and leave the carriage house because it does have a purpose for the DPW. He was opposed to restaurant use or anything that would require large park- ing facilities The Chairman thanked Dr and Mrs Cosgrove for their generous offer She also thanked the Committee and they retired from the meeting Mr Hanlon, Town Engineer, reviewed the traffic' study plan for the Bedford Street/Hartwell Avenue area which incorporated both short-term and long-term recommendations Short term recommendations included staggered work hours and car pooling and would require full cooperation of the com- panies in the study area Existing traffic details should be maintained and the cost be borne by the companies affected Long term recommendations were 1) widening of Bedford Street from Route 128 to Winter Street, 2) widening of Hartwell Avenue from Bedford Street to Maguire Road and 3) widening of Mar- rett Road from Route 128 to Massachusetts Avenue - 5- 3 q a. Selectmen's Meeting February 23, 1981 Mr Hanlon 1 n r eported that the long-term recommendations should be pur- sued with the Massachusetts DPW immediately in order to get the project moving He stated that by having the Engineering Department to the design work a considerable amount of time can be saved and shorten the overall process from five years to two years He indicated that it might be nec- essary to hire an outside consultant to assist in the traffic signalization design and to help coordinate the project with the Massachusetts DPW Mr Bussgang, spoke for representatives of the industries in the area and stated that the Town received approximately $4,000,000 in taxes from the industries in this area He stated that they feel that they have a serious traffic problem and need assistance which will not be forthcoming unless the Town approves a plan Mrs Battin reported that she and Mrs Wheaton of the Planning Board and Mr Bussgang, representing industry, had met with Representatitie$Doran, and Vigneau and a representative of Senator Rotondi's office who stated that the Town should adopt a policy and then go the Governor's office and Representative Nickinello's office and expedite the process After further discussion, the Board agreed to accept the report of the Traffic Safety Committee and the Town Engineer Upon motion duly made and seconded, it was voted to accept the Hart- well Avenue Traffic Report and support the project as outlined Ms Jacquelyn Low, Vice President of Itek Corporation addressed the Board and expressed the Corporation's view that a traffic signal at the intersection of Hartwell Avenue and Maguire Road should be installed with- out waiting for the full project to be implemented She indicated that the construction would be paid for by Urban Systems Funds and if applied for now the money would be forthcoming without delay She also requested the Board to take immediate action and reinstate the traffic detail at Itek that had been curtailed Mr Tonaszuck indicated that from an engineering standpoint, this improvement did not warrant consideration before the rest of the project is engineered The Manager suggested that the Board designate a task force consist- ing of a Selectman, Town Engineer and representatives of the business community to work with the legislators and the Governor to get some assist- ance in this area The Chairman thanked those in attendance for all the work that had been put in the project and they retired from the meeting The Board met with the Center Revitalization Committee to discuss Center the parking plan for the Center Parking The Manager informed the Board that he had met with the Police Chief, Plan Capt Lima, Planning Director, Mr Bowyer, Pulic Works Director, Mr Tona- zuck and Town Engineer, Mr Hanlon to discuss a program that would not only start on beginning of funding for traffic improvements in the Center, but would lead to long-term solutions Several questions relative to posting of "No Parking" in residential areas were brought up and the impact of the new metering system on the Green The plan was discussed in depth, including the possibility of utilizing private parking facilities such as St Brigid's Church lot The Committee is to report backto the Board with further details and specific costs for implementation and changes to the plan Z� i - 6 - J Weather- The Board met with Myrna Kaye, to discuss her reqest that the Board vane help in organizing a fund-raising effort to buy a weathervane that is being auctioned off in New York She stated that she feels that the rooster weathervane is a "Lexington monument" inasmuch as it is reported to have been at the top of the First Meeting House on the Battle Green The holes in the rooster were reportedly put there by a British musket Mr Larry Whipple of the Lexington Historical Society stated that al- though the weathervane is very old, it never stood on the Battle Green during the Revolution The Chairman explained that this type of matter was not one that the Board could normally take action on and would present too many difficulties even if funds were raised because of the disposition of the funds should the bid go to someone else Mrs Kaye stated that there were some people in Town who had expressed an interest but not exactly enough to make the price The Board expressed its appreciation for her interest in obtaining the weathervane for Lexington but were unable to assist her in her efforts She thanked the Board for its time and retired from the meeting Water better- The Chairman read a request from the Director of Public Works/Engineering ments for abatement of water assessments recorded in the Registry of Deeds in 1951 Concord Ave but were never committed or billed He recommended that they be committed and abated After discussion, it was decided to table the request until further information is obtained Upon motion duly made and seconded, it was voted to table the request of the Director of Public Works/Engineering to commit and abate water better- ment assessments on Concord Avenue recorded in the Registry of Deeds in 1951 but never committed or billed Abatements Upon motion duly made and seconded, it was voted to abate the following Water water bills J Maggiore, 2 Springdale Rd , $270 90 -- defective meter W Uranek, 56 Turning Mill Rd , $33 75 -- estimate adjusted to min chg J Jigargian, 39 Spring St , $11 25 -- account adjustment L Euart, 45 Parker St , $25 20 -- incorrect reading by customer D Victor, 27 Thoreau Rd , $95 85 -- incorrect reading/customer Jan 80 charge abated C Kanon, 11 Norton Rd , $11 25 -- estimate adj to min charge J Donovan, 52 Taft Ave , $27 00 -- defective meter M. Lawthers, 29 Ames Ave , $34 65 -- incorrect reading/customer M. Kornbliet, 23 Locke Lane, $437 40 -- defective meter R. Shaine, 37 Tower Rd , $6 75 -- estimate adjusted M. D'Augusta, 15 Lawrence Lane, $14 40 -- estimate adjusted Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of November 3, 1980 and January 19, 1981 Upon motion duly made and seconded, it was voted to authorize the Town Manager to request transfer of $20,200 from Account $5450 - line item 02-262 and the amount transferred as follows $1,500 to pay Taylor & Llody, Bedford, Mass for deductible damage from insurance claims on trucks #35, 32 and 25 damaged during snow removal $1,500 to repair 2-way radios received from the Police Department needing new crystals (2 in each radio @ $75 00 each) $2,283 Registry of Motor Vehicles required the Town to upgrade all the tires on vehicles #28 and #28A (tractor & trailer) - 7 - 3 `� y Selectmen's Meeting February 23, 1981 $8,835 repair to equipment - Vehicle Supplies -02-261 - $5,00 re- quired to replace brake system for tractor and trailer due to ac- cident and Registry of Motor Vehicle inspection of deficiencies $1,000 to replace the rear end of truck #18 in the process of being rebuilt $4,082 for new gasoline control system. $1,000 to purchase Town seals for all motor vehicles including the Fire Department Upon motion duly made and seconded, it was voted to approve the re- Discovery quest of the Lexington Chamber of Commerce for permission to hold "Dis- in Lexington covery in Lexington" days of May 22 through May 24 Upon motion duly made and seconded, it was voted to sign the contract Westview for the new addition to the maintenance building at Westview Cemetery, Cemetery Contract #81-6-E -- Construction Management Company approved at the meeting Conract of February 2, subject to Town Counsel review Upon motion duly made and seconded, It was voted to sign the contract Test Borings for Test Borings, Contract #81-5-E Soil Exploration Corp awarded at the Contract meeting of February 2 Upon motion duly made and seconded, it was voted to approve distribu- Article 5 tion of monies from Article 5 to the following accounts Transfers 1060 Town Manager's Office 631 00 1075 Clerical Pool Services 1,409 00 1150 Town Clerk's Office 4,474 00 1500 Board of Appeals 870 00 1600 Planning Board 3,000 00 2000 Board of Registrars 549 00 2470 Recreation 3,722 00 2500 Treasurer/Collector Office 7,763 00 2800 Comptroller's Office 8,532 00 2950 Assessor's Office 1,875 00 3250 Health 4,803 00 3500 Animal Control 1,773 00 4110 Fire Mgt & Staff 4,114 00 4450 Inspection 10,185 00 4900 D P W Coll Barg Unit 68,048 00 5100 Engineering 3,567 00 5200 Town Buildings Maint 3,578 00 7100 Veterans Benefit 812 00 7500 Library 21,240 00 7825 Non-Contrib Pensions 6,000 00 Upon motion duly made and seconded, it was voted by roll call vote Executive 5-0, Mrs Miley, Mr Buse, Mrs Battin, Mr Kent and Mr Crain, to go Session into Executive Session for the purpose of discussing litigation and collective bargaining strategy with no intention of resuming open session Upon motion duly made and seconded, it was voted to adjourn at 11 20 p m III A true record, Attest -' a4A4Lcot.1.2 xecutive Clerk v J I VOID i31 � 39 5 �I SELECTMEN'S MEETING Cis March 2, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeging Room, Town Office Building, on Monday, March 2, 1981 at 7 30 p m Chairman Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Mana- ger and Miss Casey Executive Clerk were present The Chairman convened the meeting and read requests for renewals of Auctioneer Auctioneer Licenses Licenses Upon motion duly made and seconded, it was voted to renew the Auctioneer Licenses for William Sennott and Robert N Cann The Board discussed the request from Thomas R. Kirkham for the use BattleGreen of the Battle Green for practice for Stuart Higlanders Scottish Pipe & Drum marching unit It was decided that the Battle Green would not be an appropriate location for this type of activity The Board agreed that Hastings Park was a more appropriate location and Mr Kirkham is to be so informed Upon motion duly made and seconded, it was voted to deny the request of Thomas R. Kirkham for the use of the Battle Green for practice for the Stuart Highlanders Scottish Pipe & Drum marching unit Mr Kirkham is to be informed that Hastings Park is available and to contact the Town Mana- ger to make arrangements for its use Upon motion duly made and seconded, it was voted to remove from the Water table the request of the Director of Public Works/Engineering to commit Betterment and abate water assessments recorded in the Registry of Deeds in 1951 but Abatements never committed or billed by the Town Mr Cohen informed the Board that he had investigated the request and did find that the assessments were recorded in the Registry of Deeds, but through some error on the part of the Town were never committed or billed He recommended that the request to commit and abate be granted Upon motion duly made and seconded, it was voted to commit and abate the following water betterment assessments on Concord Avenue recorded at in the Registry of Deeds in 1951 but never committed or billed by the Town Paul K. Pratt, c/o Architect's Collab , 96 Mt Auburn St , Cambridge Lot #4 - $150 00; Lot #5 - $144 00 James A. Carrig, 1374 Mass Avenue, Cambridge, Mass Lot #1 - $187 50, Lot #2 - $150 00, Lot #3 - $120 00, Lot #4 - $120 00 Lot #5 - $150 00, Lot #6 - $150 00, Lot #7 - $150 00, Lot #11 - $257 54, Lot #22 - $150 00 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of November 17, 1980 - 2 - Sheraton/Lex The Chairman read a request from Robert G Savio, Manager of the Shera- Liq Lic ton Lexington Inn for an extension of hours under its liquor license to 1 00 a m on March 14, 1981 Upon motion duly made and seconded, it was voted to grant an extension of hours until 1 00 a m. to the Sheraton Lexington Inn under its liquor li- cense on March 14, 1981 Hartwell Ave The Board briefly discussed the appointment of a Traffic Task Force Task Force regarding the Hartwell Avenue situation It was agreed that Mike Hanlon would be the administrative appointee and Mr Busa would represent the Board I & I The Manager reported to the Board that some sewerage problems in the Grant Saddle Club Road area were experienced over the week-end which necessitated Saddle Club pumping All appropriate agencies have been contacted regarding the problem Road He stated that an old by-pass line was reinstituted which did help to alleviate the problem The grant for the I & I study in the amount of $186,806 00 has been received and the Millbrook Valley Relief Sewer is still moving ahead which should also help the situation NESWEC The Chairman handed the gavel over to Mr Busa to conduct the meeting at 7 45 p m because she is now employed by the Bureau of Solid Waste which is giving technical assistance to the different solid waste projects in the State She left the meeting room Mr Busa called upon Mr John Phillips, Marketing Engineer for the Solid Waste Systems Division of UOP, Inc Mr Phillips explained that UOP was the contractor selected by the Northeast Solid Waste Committee to de- sign, engineer, construct and operate for 20 years the Northeastern Massa- chusetts Resource Recovery Project Mr Phillips reviewed the status of the project and explained in de- tail the report presented to the Selectmen Mr Busa thanked Mr Phillips for his comprehensive presentation and also thanked the Solid Waste Committee for the excellent work and dedica- tion to the project Mr Busa handed the gavel back to Mrs Miley who resumed chairing the meeting Civil Service The Board discussed the manager's report on Article 7 of the 1981 Town Meeting warrant - Proposed Revocation of Civil Service for Future Police Officers Mr Kent asked that a copy of it be furnished to the Personnel Ad- visory Board and expressed his admiration of the report to the Manager Mrs Battin suggested that both sides of the argument be presented to the PAB and the Manager agreed to do this Senator Rotondi's report and recommendations are also to be given to the PAB for study The Manager will schedule a meeting for next Monday to continue the dialogue The Manager informed the Board that he had met with Art Smith of the TMMA relative to information meetings and advised the Board that a position of not reviewing financial articles should be taken because of lack of fin- ancial information from the State - 3 - g � �r Selectmen's Meeting March 2, 1981 After discussion of the articles in the warrant, it was agreed that the financial articles would not be discussed at the informational meet- ings The Manager requested the Board's authorization to write to Rep House Vigneau, on behalf of the Transportation Advisory Committee, for support Bill 3239 of House Bill No 3239 which would allow towns to contract for a multi- Trans Adv year agreement for a community transportation system Committee Upon motion duly made and seconded, it was voted to authorize the Manager to write to Rep Vigneau requesting his support of House Bill No 3239 Mrs Battin informed the Board that she and Mr Crain had reviewed Fair the Fair Housing Resolution and had incorporated the changes suggested at Housing last week's meeting Mr Wilson, Chairman of the Housing Authority had Resolution reviewed the resolution and suggested that part of the problem for min- orities and other persons of moderate means was not only the high cost of housing but also the lack of employment opportunities He requested that this also be incorporated into the resolution that steps be taken to en- courage employment opportunities The Board agreed Upon motion duly made and seconded, it was voted to approve the Fair Housing Resolution with ;the incorporation of suggested changes Mrs Battin referred the Board to its copies of a letter from the Legislation Middlesex County Selectmen's Association of February 12 requesting the support of the Board on three pieces of legislation to be considered in the 1981 session The Board agreed to support the legislation Upon motion duly made and seconded, it was voted to support the following pieces of legislation H3875 - Providing for the Adoption of County Budgets by Advis- ory Boards on County Expenditures and Specifying Cer- tain Deadlines Therefor and Penalties for Violations Thereof H3874 - Requiring Annual Audits of County Governments, Creat- ing the Position of County Comptroller, and Subjecting the Borrowing Powers of County Commissioners to County Advisory Board Approval H3885 - Requiring the Commonwealth to Fully Fund Post-High School Vocational Education Costs Mr John Sellars, 430-432 Concord Avenue, asked permission to address John the Board He stated that he had an acute problem in that the Town was Sellars taking him to court the next day due to the Building Commissioner He in- formed the Board that he had come to the Selectmen's Office to inquire if there was a way to keep the Building Commissioner off his property and pre- venting further harassment The Building Commissioner had returned today and told people working there that they would be taken to court Mr Sellars stated that Mr DiMatteo was taking pictures of them and that he had lost his temper and bodily put Mr DiMatteo of the premises Mr Sellars stated that he would not stand to be intimidated any longer and that he felt that there was "something wrong with him upstairs " The Chairman cautioned Mr Sellars to be careful of what statements he made The Manager addressed the Chairman and stated that he felt as the mat- ter was one of litigation and assault on the Building Commissioner that no position should be taken by the Board at this time The Board agreed The Manager is to get a full report on the incident and report back to the Board Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote Session Mrs Miley, Mr Busa, Mrs Battin, Mr Kent and Mr Crain, to go into execu- tive session for the purpose of discussing negotiations concerning land, with the intention of resuming the open session After discussion, the open session was resumed - Parker Mr Cohen requested the Board's signatures on the deed conveying the School Parker School to the developer Upon motion duly made and seconded, it was voted to sign the deed con- veying the Parker School to John R Clark & Associates, Inc 235 Binney Street, Cambridge, Mass , subject to delivery of the bond Upon motion duly made and seconded, it was voted to adjourn at 9 25 P M. A true record, Attest C/y/,/, Executive Clerk , X41'` P I 99 c4 e Jo` SELECTMEN'S MEETING March 9, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 9, 1981 at 7 30 p m. Chairman Miley, Mrs Battin, Mr Crain and Mr Politi; Mr Hut- chinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk were present The Chairman convened the meeting and called upon Mr John J Wholey, N E Tel Communication Systems Representative of the New England Telephone Company Public Mr Wholey presented to the Board his recommendations for providing better Phones telephone service in the Center He recommended one intermediate size walk-up enclosure in the Meriam Street parking lot instead of the current three He also recommended installation of one coin operated public tele- phone and one Charge-a-Call coinless public telephone in front of CVS on Mass Avenue sidewalk; one coin operated public telephone in front of 1775 Mass Avenue on sidewalk and one coin operated and one Charge-a-Call in front of Depot Square on sidewalk at MBTA stop. This would be a total of six walk-up enclosures in the Center Mr Wholey explained that the Town would receive a monthly commission check based on usage - 20% of the coins in the pay boxes and for the Charge- a Call coinless phone the associated coin box usage would have 25% add- itional applied A question was raised regarding the Historic Districts approval of such installations The Chairman stated that the Board would have juris- diction as to what phones were to be installed but the Historic Districts Commission would have to approve the design Mr Politi pointed out to the Board that the Histories Districts had opposed to any public phones in the Center and that was the reason that the Meriam Street location had been chosen in the past Mr Hutchinson stated that objections had been received from others including the owners of the 1775 Wine & Spirits Shop Mr Wholey explained that the reason for requesting sidewalk phones was to save time for the potential users i e rather than have to use time to ask where a public phone is located it would be right on the sidewalk Upon motion duly made and seconded, it was voted to table the re- quest of the N E Telephone Company to install six public telephones in the Center until the Board has further reviewed the proposal Mr Crain did not participate in any of the deliberations or voting by the Board in this matter Mr Wholey thanked the Board and retired from the meeting Mr Frank Parrish, Chairman of the Retirement Board appeared before Retirement the Board to discuss its report on Past Service Pension Liabilities He Board stated that unfunded pension liabilities will be something that will re- occur as time goes on and should be addressed, but that at the present time there was no emergency Mr Crain suggested that a specific reaction of our auditors would be helpful at the end of this year's audit and address the problem again when Proposition 2 1/2 is clarified more - 2 - 4p0 Mr Hutchinson asked if there was a limitation on the investment fig- ures that could be pursued and if it should be changed on a statute basis Mr Parrish replied that there was a limitation and it should be changed because, in many communities the people that would be handling the money were not professional people and some restrictions would be good as the approved list of the State is not monitored closely Mr Crain was in favor of pushing hard for more flexibility in mak- ing investments to be able to get more of a return Mr Parrish suggested that the Board consider the restructure of the present law in regard to disability of Town employees He felt that it was too "open ended " He stressed that he did not mean taking away the Town employees benefits but there has been more filings than ever before Mr Parrish also suggested that an appraisal of all of the Town's assets should be made, specifically town owned land that may never be used The knowledge of the value of assets would be helpful if the Town is forced to fund past services The Chairman thanked Mr Parrish and his Commitee for the work put into the report and he retired from the meeting Rep Doran Representative Doran met with the Board on his second of monthly meetings here He expressed his appreciation to the Board, Manager and others for having communicated with him relative to Town matters during the past seven weeks He stated that he welcomed any opportunity to serve the Town and would be available at any time by contacting his office The Representative updated the Board relative to legislation on County matters He referred to the Middlesex County budget which is expected to be in on Wednesday He is proposing a 15% cut and is supported by the Middle- sex County Advisory Board and Mass Selectmen's Association A group of 111Middlesex County legislators will be meeting on Wednesday with Commissioner Larkin to discuss the passage of a minority budget Of particular interest to Lexington was information regarding the closing of the Metropolitan State Hospital Rep Doran and Representatives of Belmont and Waltham will meet with Byron Matthews to discuss the matter He felt that this will be something for the Town to keep abreast of as a number of developers have expressed interest in the property He will keep the Board informed Rep Doran informed the Board that he had appeared before the House Committee on Local Affairs and introduced a bill that would authorize com- munities to enter into multi-year agreements on transportation systems The Committee recommended that the bill be passed and it will be redrafted and sent to the House for initial approval soon He hoped that it would be in time for the Transportation Committee to pursue a multi-year contract for LEXPRESS if they so desired Other legislation referred to by the Representative allowed cities and towns to set fees for licenses, permits etc that actually reflect the process and inspection costs; return to cities and towns all revenue for parking violations and legislation to repeal the mandate that towns must employ a full time veteran'a agent and make it an option The Chairman thanked Rep Doran for keeping the Board informed and he retired from the meeting Appr Upon motion duly made and seconded, it was voted to appoint Mr Richard Comptroller M Perry as Comptroller for the Town for a term to expire March 31, 1984 - 3 - Li0i Selectmen's Meeting March 9, 1981 Upon motion duly made and seconded, it was voted to accept the res- Resignation ignation of Howard C Nason, Associate Member of the Historic Districts Historic Commission effective March 9, 1981 Districts Upon motion duly made and seconded, it was voted to appoint Appt Mrs Molly Nye as Associate Member of the Historic Districts Commission Historic (representing the Lexington Arts and Crafts Society to fill the unexpired Districts term of Howard C Nason to January 1, 1983 Upon motion duly made and seconded, it was voted to approve the re- License newal of Auctioneer License for Stephen W Kreide Auctioneer Upon motion duly made and seconded, it was voted to approve issuance One Day of One Day Liquor License for St Brigid's Parish for dance on March 16 Liquor until Midnight License Mr Politi abstained from voting Upon motion duly made and seconded, it was voted to grant permission LHS Football to the Lexington High School Football Boosters Club to present the High Town Meeting School Football team to members at Town Meeting on March 16, subject to the approval of Town Meeting Members Association Upon motion duly made and seconded, it was voted to approve the re- League of quest from the League of Women Voters to sell information material in Cary Women Voters Hall during Town Meeting Upon motion duly made and seconded, it was voted to approve the Stop Sign recommendation of the Traffic Safety Committee for the installation of a Hayes Ave/ "Stop" sign at the intersection of Hayes Avenue westbound at Hancock Hancock St Street Upon motion duly made and seconded, Mr Politi abstaining, it was Minutes voted to approve the minutes of the Selectmen's Meetings of November 24 and December 8, 1980 The Board met with Mrs Erne Greene, Chairman of the Town Report Town Report Committee who presented to the Board copies of the 1980 Town Report Mrs Greene thanked the Board for its early decision on the Committee's budget which enabled the Committee to plan She thanked her Committee members for the superb job each had done and for the help received from members of the clerical staff at the Town Office Building Due to cuts in the budget, this is the first year that the report will not be de- livered to each home There are 1500 copies available to residents who desire to have one A letter was written to the Boy Scouts who had vol- unteered to deliver the reports to thank them and suggest that perhaps they would be called upon for some other service The Chairman thanked Mrs Greene and her Committee for doing such an expert job with limited funds Mrs Greene retired from the meeting - 4 Police The Board met with Dr Charles Dailey of the Personnel Advisory Board, Officer William Petrino, President of the Lexington Police Union, Lt Charles Withrow and other members of the Police Department The purpose of the meeting was to discuss Article 7 "Revocation of Civil Service for Future Police Officers" on the 1981 Annual Town Warrant This article had been on the warrant for the Special Town Meeting of January 26, 1981 and was postponed indefinitely The Board had requested a report from the Personnel Advisory Board before making its decision to present to Town Meeting Dr Dailey presented the report which, essentially, calls for the Board to go forward to Town Meeting with the approval of the rescission of the artic.lewith the following conditions 1 The Town will contract with the present Civil Service Commission for a continuation of present methods and services pending the development of a Town plan to substitute for matters such as re- cruitment, selection, discipline, performance and grievances 2 The Town plan must be submitted finally for the approval of the Board of Selectmen which shall consider the recommendation of the Town Manager and report of the Personnel Advisory Board 3 An information report must be submitted to the 1982 Town Meeting by the Board of Selectmen indicating a summary of the Town plan and study, the date and plans for implementation and any relevant consideration included in the study This report shall be pub- licized and be available to the public at least one month before the opening of the 1982 Town Meeting Dr Dailey stated that he had interviewed a number of police officers about personnel matters, particularly identifying promotable officers who performed well These seasoned officers interviewed agreed with the position that the tra- ditional Civil Service was an obstacle to promotions However, they did feel that tenure, security of able police officers and to be defended The officers in cities and towns wanted to hear what was proposed in place of Civil Service and wanted the rights of officers safeguarded as well as a strong department He said that it was not an easy question to answer and he did not have a proposal, but the consensus was that something had to be done about Civil Service as it affects the promotion of competent officers Mr Crain asked if Dr Dailey was aware, specifically, of any alternative systems Dr Dailey replied that constituting a panel of seasoned officers, particu- larly away from the department where the promotion is being made, to interrogate the candidates, following a standardized procedure so that everyone has a chance to present his qualifications would be favored by a lot of people He stated that testing could be a part of it, but emphasis should be on the authority to identify officers whose performance and expertice qualify for promotion Mr Politi stated that the legal pressure now is that currently, the Town can opt out of Civil Service without state legislative approval and if the dead- line, June 30, is missed, it still can be possible to opt out, but only by ob- taining a special act of the legislature Dr Dailey stated that the Personnel Advisory Board recognized that this was a bad time to consider any change at all that would be unsettling and it should be discussed fully on all sides Officer Petrino, representing the police, stated that under the police con- tract, Section 150E, that this was a mandatory bargaining right He expressed the dissatisfaction of the police in that they had not been contacted about the article and had no chance to s iacuss it with management He stated that there were many questions that they needed answers to before it was presented to Town Meeting Mr Hutchinson stated that the union and the town disagreed, procedurally, - 5 - -/ 03 Selectmen's Meeting March 9, 1981 which was necessary to come first, the discussion with the police union or the presentation of the article to Town Meeting Lt Withrow, representing the ranking officers, not covered by Civil Service, stated that they were opposed to the abolishment of Civil Service where there was nothing to take its place It was their opinion that Civil Service would have nothing more to do with the men if it was abol- ished He acknowledged that there were flaws in the Civil Service, but felt that they could be corrected He stated that promotions can be opened up to anyone and not just members of the department and felt that that meant a great deal to a man coming on Mr Crain stated that he would have to have clarification on two points 1) will Civil Service cooperate and 2) reconcilliation between the proposed Town Meeting action and bargaining in good faith He stated that he would have to have a better understanding of those two issues before he could make an intelligent decision on the article Mr Politi explained that if Town Meeting did pass on this 4% tax cap legislation that gave rise to this opting out of Civil Service also contains a referendum provision so that if Town Meeting made a decision to revoke Civil Service it could go to referendum by 5% of the voters and a special election would have to be called by the Town and action of Town Meeting would be held in abeyance during the outcome of that vote The Board agreed that they did not have enough information to make a decision and the Manager is to contact Civil Service and get a legal opinion from counsel regarding the issues Upon motion duly made and seconded, it was voted to table the question of a recommendation to Town Meeting on Article 7 The Board discussed Article 6 - Removal of Sealer of Weight/Plumbing Sealer of Inspector from Civil Service This article would authorize the Selectmen Weight/ to petition the State Legislature for an act removing these positions from Plumbing Civil Service and placing them under the local personnel rules and regula- Insp tions Civil Ser Upon motion duly made and seconded, it was voted to present Article 6 to Town Meeting requesting affirmative action The Manager requested the Board to sign the agreement with Arthur Audit Andersen & Co to conduct the audit for 1981 Mr Crain requested a specific time as to when the audit report and management letter would be available to the Board Upon motion duly made and seconded, Mr Politi abstaining, it was voted to sign the agreement with Arthur Andersen & Co to conduct the audit for 1981 The Manager requested approval by the Board of a transfer from the Transfer Reserve Fund in the amount of $450 00 to the Inspection Department The Reserve Building Commissioner had advised him that when State personnel came to Funds train the new sealer of weights and measures in July, they found that the required equipment and supplies necessary to do the job were either badly 1 damaged or missing Upon motion duly made and seconded, it was voted to approve the trans- III fer of $450 00 from the Reserve Fund to the Inspection Department - 6 - 614' Transfer The Manager requested approval of a transfer of $580 00 from the Re- serve Fund to the Selectmen's Expenses Account #1050 for MBTA Advisory Board services from 1/01/81 to 12/31/81 Upon motion duly made and seconded, it was voted to approve the transfer of $5$0 00 from the Reserve Fund to the Selectmen's Expenses Account #1050 Middlesex The Board discussed the request of the Middlesex County Selectmen's Cty Sel Association to support adoption of resolutions to combat the adverse affects Assoc of Proposition 2 1/2 on local governments of Middlesex County Resolutions After discussion, the Board voted to support three of the four resolutions submitted Upon motion duly made and seconded, it was voted to support Resolution #1 which would obtain up front funding for local highway improvements so that municipalities don't have to wait a year or more for reimbursement and can thus reduce the amount of local funding that first must be appropriated; #2 getting current county spending immediately reduced by three per cent to hopefully lower the spring assessment, and to reflect the approximate loss to the munici- palities by the reduction in the current fiscal year of auto excise tax revenues; and #3 reducing next year's county assessment by fifteen per cent, reflecting the cut backs required of most of the Middlesex municipalities by Proposition 2 1/2, (Executive Upon motion duly made and seconded, it was voted 4-0 by roll call vote [Session Mrs Miley, Mrs Battin, Mr Crain and Mr Politi, to go into executive session for the purpose of discussing matters of litigation, with no inten- tion of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 10 00 p m A true record, Attest i f - //(;1;a Executive Clerk R � p M I SELECTMEN'S MEETING ° March 16, 1981 regularA meeting of the Board of Selectmen wad held in the Select- men's Meeting Room, Town Office Building, on Monday, March 16, 1981 at 7 00 P.M. Chairman Miley, Mrs Battin, Mr Crain and Mr Politi; Mr Hut- chinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager and Miss Casey, Executive Clerk were present The Chairman convened the meeting and called upon Mr Page, Chairman CATV of the CATV Committee who reported that the provisional license was corn- Provisional pleted and ready for signature on the 23rd He stated that the Committee License felt that the Board had a provisional license that had almost all of what the Board wanted in the final license and the option of negotiating more for the final license. Mr William Hinchey of Adams Russell reported to the Board that the mapping of the town was finished and placed their commit- ment for the headend equipment and they hope to meet or beat their schedule The Chairman thanked Mr Page and the Committee for their time and effort spent in completing the provisional license and they retired from the meeting The Chairman read a request from the Director of Public Works/Engin- Abatements eering for abatement of water charges Water Upon motion duly made and seconded, it was voted to abate the follow- ing water charges G Johnson, 75 Adams St , B-158-85 -- $11 25 - estimate adjusted M Johnson, 132 North St , B-160-132 -- $11 25 - Acct Adjustment Francis Fuery, 678 Mass Ave , A-1-678 -- $33 75 - Previous estimate not deducted from bill Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's Meeting of January 12, 1981 Mr Politi abstained. Upon motion duly made and seconded, it was voted to approve the Auctioneer renewal of Auctioneer License for Allen C Lannom. License The Board and the Manager discussed articles for Town Meeting The Town Meeting Manager reported that he had not heard from Civil Service relative to the unfair labor practice suit filed by the police union against him and the position of Civil Service relative to whether or not the option is available for continuance should rescission be voted The Chairman informed Officer Petrino that the police will be informed when all the information is in and it will be discussed prior to the meeting at which they vote The Manager suggested that Articles 1 through 12 be taken up tonight and Article 7 to be tabled Articles 13-34 were Planning Board articles and there have been a number of withdrawals Mr Crain asked the Manager if he was able to extrapolate what the im- plications would be under the restrictions of Proposition 21 regarding zon- ing changes that would attract developments Mr Hutchinson stated that each of the development proposals should be able to allow for what an anticipated tax gain would be He felt that if there is any portion of the statute that will be amended it is that which allow for a tax gain in a development L p� -2- Mr Crain suggested that zoning articles be put in with the financial articles Upon motion duly made and seconded, it was voted that any zoning articles that have to do with significant development which could result in this fis- cal portion impact under the existing restrictions of Proposition 21 which could affect tax payers adversely should be delayed as long as possible in the hope that the Legislature will take affirmative action on that particu- lar part of the statute The Manager suggested that this information be relayed to the Town Meeting members before this evening's session of Town Meeting It was suggested that the Board propose that no zoning articles be dealt with until full financial information is available The Manager informed the Board that there has been no objections to Article 6 - Removal of Sealer and Plumbing Inspector from Civil Service Upon motion duly made and seconded, it was voted 4-0 by roll call vote - Mrs Miley, Mrs Battin, Mr Crain and Mr Politi - to go into executive session for the purpose of discussing matters of litigation and collective bargaining with no intention of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 7 59 P M A true record, Attest Beatrice M. Casey Executive Clerk I `j q- SELECTMEN'S MEETING / 7 March 18, 1981 III A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday, March 18, 1981 at 7 00 p m. Chairman Miley, Mrs Battin, Mr Crain and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk, were present Mr Cohen informed the Board that there are three small lots in the Gift of middle of two subdivisions which the developer, Kerrie Realty Trust, Land wished to donate to the Town The two lots are in the Bicentennial Farms subdivision and one lot in the Minuteman Ridge II subdivision He requested a vote of the Board relative to acceptance Upon motion duly made and seconded, it was voted that the Board of Selectmen on behalf of the Town accepts as a gift the following parcels of land from the Trustees of Kerrie Realty Trust a ) Lot 189 on Assessors' Property Map 34, also known as Lot 425 Bicentennial Drive, b ) Lot 181 on Assessors' Property Map 34, also known as Lot 417 Bicentennial Drive, c ) Lot 38 on Assessors' Property Map 5, also known as Lot 2 Scott Road and as Parcel Z, Minuteman Ridge II I III The Board discussed House Bill 2892 - Community Residence Siting Bill, House and House Bill 1925 - An Act Relative to Transportation Construction Pro- Bills jects 2892 Mrs Battin explained that the Community Residence Siting Bill would and give some local regulatory power and provide for replacement of lost prop- 1925 erty tax revenues The Mass Municipal Association has requested that a resolution supporting the bill be forwarded to local State Representatives and Senators. Upon motion duly made and seconded, it was voted to sign the resolu- tion on the Community Residence Siting Bill, H-2892 and forward to Senator Rotondi and Representative Doran Mrs Battin explained that House Bill 1925 - would allow in the case of highway or mass transportation projects determined by the appropriate federal agencies to be categorically excluded under the provisions of the national environmental policy acts of 1969 to also be excluded from prep- aring a state environmental impact report This would remove two State agencies the D P W and the M B T A from filing environmental impact statements, which have the greatest impact on the environment It was decided to request the Planning Board and the Conservation Commission for their recommendations The Board discussed position on Article 28 - Rezone RO to CM, Hartwell Avenue This is 4 acres of land on the Route 128 side of Hart- well Avenue between CM land next to the landfill and Cosgrove property d. r The position of the Planning Board was not to support the Article ?y, because overload of traffic in the area and this rezoning would only add 0\ ot - 2 - to the problems Mr Crain moved to support the position of the Planning Board on the Article Upon motion duly made and seconded, it was voted to support the posi- tion of the Planning Board at Town Meeting on Article 28 There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 40 p m. A true record, Attest a",uz,c),. (1:41(— Executive Clerk 1 1 r GV L SELECTMEN'S MEETING / o q March 23, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 23, 1981 at 7 00 P M. Chairman Miley, Mr Busa, Mrs Battin, and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present The Manager introduced Mr David Stusse as the new Town Assessor Town Assessor replacing Mr Wenham Mr Stusse was screened through a process that in- David Stusse volved a technical interviewing committee consisting of the Manager, the Comptroller, Finance Director of Concord and the assessor from Brookline Mr Stusse was chosen from over 20 applicants for the position He is a graduate of Amherst College and has been working in the field for about eight years The Board welcomed Mr Stusse and wished him well Upon motion duly made and seconded, it was voted to issue a One Day One Day Liquor License to the Recreation Association of W R. Grace & Co for Liquor March 24, 1981 License Mr Politi abstained from voting Upon motion duly made and seconded, it was voted to reappoint Reed Appt Kingston Taylor to the Board of Registrars for a three-year term to Bd of March 31, 1984 Registrars Mrs Battin informed the Board that Mr Ed Bicknell, Town Meeting Fair Hous- member had suggested a modification to the Fair Housing Resolution that he ing Reso- hoped the Board would adopt lution He suggested that it be modified by striking "To avoid any action or decision which may tend to affect adversely a greater racial, ethnic and economic diversity of population in Town" and substute therefore, "To take actions and make decisions that affirmatively encourage a greater racial, ethnic and economic diversity of population in Town " Mrs Battin stated that she had talked to Mr Zabin about this and he saw no problem with the revision Mr Busa objected to the lateness of receipt of the requested amend- ment stating that he had just received it this evening Mrs Battin made a motion to approve the amendment There was no second and Mrs Miley turned the gavel over to Mr Busa who chaired the meeting and Mrs Miley seconded the motion Upon motion duly made and seconded, it was voted 3-1, Mr Busa voting in the negative, to approve the amendment to the Fair Housing Resolution by striking "To avoid any action or decision which may tend to affect ad- versely a greater racial, ethnic and economic diversity of population in Town" and substitute "To take actions and make decisions that affirmatively encourage a greater racial, ethnic and economic diversity of population in 11/ Town" Mr Busa returned the gavel to Mrs Miley who chaired the remainder of the meeting I° - 2 - Hanscom Field The Board met with Mrs Angela Frick, Lexington's MAPC representative and Mrs Jacquelyn Smith, representative to the Hanscom Field Commission Mrs Frick informed the Board that she had received an A-95 review re- quest asking the Town to comment on the relocation of flight service station from Logan to Hanscom Field She stated that she felt that this would be the beginning of relocating general aviation to Hanscom Field and she felt that with the traffic report that had been received, it was an inappropriate time to start relocating services to Hanscom. She stated that she would like direction from the Board regarding a reply to the A-95 request and would work the wording out to indicate that the Town has just done a traffic study in the area and would need more information before anything more is done The Board agreed with Mrs Frick and she is to follow through on the reply Mrs Frick informed the Board that the Metropolitan Area Planning Council is planning to change its name to "Metropolitan Boston Planning Council" and there is a bill before the legislature requesting this change This change is for clarification and she stated that this seems to be an appropriate time for the change as the headquarters are being moved to Tremont Street Mrs Smith briefly reviewed her report of March 22 on the first three months' activities and issues of the Hanscom Field Advisory Commission She stated that appointments recommended by the Hanscom Field Advisory Committee for inclusion on the Commission were approved by the four Boards of Selectmen in the Hanscom area The Commission is working with Massport on monitoring the Noise Rules Massport has employed Lynn Burkhart as chief statistician and planner for Hanscom Field and she is to put her efforts into developing and managing a data collection system which will provide both the Authority and the com- munities with useful data on which to evaluate the impact of the Noise Rules in January 1982 By-Laws for the operation of the Commission have been drawn up which should assure the continuity of input and dedication of service that the group has had There are three standing committees Noise Rules, Chaired by John Haggerty; Operations, Chaired by Norman Fredkin of Raytheon; and Land Use, Chaired by Mrs Smith Two pieces of legislation affecting Logan and possibly Hanscom were brought to the attention of the Board by Mrs Smith H 1058/S 1598 a bill to repeal the towing ban at Logan and H 4814; a bill to remove the daily minimum use fee The Board discussed these pieces of legislation and agreed to contact Senator Rotondi and Representative Doran requesting their support Upon motion duly made and seconded, it was voted to request the support of Senator Rotondi and Representative Doran to vote in favor of H 1058 -- repeal of Chapter 703 of the Acts of 1979 -- and in opposition to H 4814 -- removal of the Daily Minimum Use Fee at Logan The Chairman thanked Mrs Smith for her excellent report and work on the Commission and also Mrs Frick for her work on MAPC and they both re- tired from the meeting li4R ' The Chairman Miley conducted hearings on the petitions of the N E (" Telephone Company and the Boston Edison Company at 7 30 p m on their 111 \vo ' r,, y petition for a joint stub pole location at Wallis Court This work is - 3 - Selectmen's Meeting March 23, 1981 necessary to help support existing joint owned pole now servicing area sub- scribers Notices were sent to abutters advising of the hearing The Chairman read a report from the Director of Public Works/Engineering recom- mending approval The Chairman read the following letter from Mr Leo J Higgins "Should the Board approve the location of a proposed stub pole at the end of Wallis Court, I would appreciate it if you would also do so subject to the following conditions 1 That curbing be installed at the end of Wallis Court to prevent a washout of the pole and to eliminate water which now runs from the public way onto my property 2 That tree trimming be balanced rather than one-sided as needed to install the pole Thank you for your kind consideration of this request" Leo J Higgins There was no other opposition to this request and the Chairman de- clared the hearing closed Upon motion duly made and seconded, it was voted to approve the peti- tion of the N E Telephone Company and the Boston Edison Company for the following installation Wallis Court on the southerly side, approximately 260'+ (feet) , Southeast of Massachusetts Avenue one (1) pole, #104/2S The Chairman read a request from the N E Telephone Company and the Pole Loc Boston Edison Company for a joint pole location on Walnut Street No hear- Walnut St ing required for this petition A report from the Director of Public Works/Engineering recommending approval was read by the Chairman Upon motion duly made and seconded, it was voted to approve the peti- tion of the N E Telephone Company and the Boston Edison Company for a joint pole location as follows Walnut Street on the easterly side, approximately 125'+ (feet) north of entrance to Potter Pond Development, one (1) pole #110/11 (This is an existing location, no new pole to be set ) The Board discussed the practice of meeting in the various precincts Meeting in Town and decided to hold the April 27 meeting for Precincts 7 and 8 in April 27 Estabrook School Chairmen of the two precincts are to be notified Invitations will be extended to Senator Rotondi and Representative Doran The Manager requested a sewer abatement for Parker School in order to Parker convey the property to John R. Clark & Associates free of any liens School Upon motion duly made and seconded, it was voted to abate the sewer Sewer betterment assessment on Parker School in the amount of $1,475 45 Abatement The Board discussed the request of Mr & Mrs Rizzo for an extension Sewer of the Town sewer system to their property on Massachusetts Avenue The Request Iid- - 4 - Rizzo's had bought the land and wished to build a house but did not know that the sewer system had not been constructed It was agreed that the Manager will reply to the Rizzo's and inform them that their request will II/be considered in the fiscal '83 budget Federal Mr Busa informed the Board that the Federal Technical Assistance Grant Grant for energy improvements has come through Upon motion duly made and seconded, it was voted to roll call vote - Mrs Miley, Mr Busa, Mrs Battin and Mr Politi - to go into Executive Session to discuss a matter of litigation with no intention of resuming the Open Session After discussion it was voted to go out of Executive Session and adjourn Upon motion duly made and seconded, it was voted to adjourn at 7 40 p m A true record, Attest atat/lot.2- 71t Executive Clerk I 3 I CL A'�, t1 �) SELECTMEN'S MEETING March 25, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Wednesday, March 25, 1981 at 7 00 P.M. Chairman Miley, Mr Busa, Mrs Battin and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present The Board met with Representative Doran who had requested time to Rep Doran clarify his position relative to local aid and a public statement made by the Massachusetts Municipal Association regarding the recent vote to suspend House rules for introduction of a resolution Mrora D n stated that the implication in the statement that those who were opposed to rules suspension were also opposed to increased local aid was absurd and unfair He stated that the important votes on local were months away and it was his intention to direct his efforts to increase the local aid funding by at least $300 million Rep Doran read a letter addressed to the Board, cc to Mr James Segal, Executive Director of the Mass Municipal Association expressing his views The Board discussed the matter and Mr Hutchinson suggested that an explanation of why the memo was sent out by the Mass Municipal Association was in order Mrs Battin is to contact Mr Segal and request him to come before the Board to clarify his position in the matter The Chairman thanked Representative Doran for coming and he retired from the meeting Upon motion duly made and seconded, it was voted, Mr Politi abstaining, One Day to grant the request for a One Day Liquor License to the RAEDACC Association Liquor of W R Grace & Co for March 30, 1981 License Upon motion duly made and seconded, it was voted to approve the re- Hanscom sponse of Mrs Frick to MAPC for project ENF-81-70--Airfield Improvement & Field Maintenance at Hanscom Field The response would request MAPC to hold com- ments until the Hanscom Field Advisory Commission makes their report Mrs Frick stated that although none of the scheduled work occurs in Lexing- ton, the Town recognizes the environmental impact that might occur in Lin- coln, Concord and Bedford Upon motion duly made and seconded, it was voted to approve the re- Hanscom sponse of Mrs Frick to MAPC for project PN-81-43 - Flight Service Station Field Relocation at Hanscom The reply states that Lexington is in the process of evaluating further development in the Hanscom Field Area The Town is experiencing a severe traffic problem in this area and any expansion of facilities at Hanscom Field must be deferred until the traffic problems are resolved as a matter of public and commuter safety i - 2 - I ll' Federal Tech- Mr Busa addressed the Board regarding the Federal Technical Assistance nical Grant and explained that the grant was given in conjunction with the School Assistance Department. He stated that about $5100 will be received by the Town to be Grant allocated to the Public Works Building, Police Station, Town Office Building and Cary Memorial Hall The School Department portion of the grant would be about $2,000 for the Senior High School, Clarke Junior High School, Diamond Junior High School and Maria Hastings School There would be one contract for the complete projects The contract was awarded by the School Department to Cummings Solar Corporation Upon motion duly made and seconded, it was voted to authorize Emanuele Coscia, Mgr Administration/Facilities, to place purchase orders, so written as to serve as a contract in accordance with specifications, with Cummings Solar Corporation under the Federal Technical Assistance Grant, subject to Town Manager approval Battle Upon motion duly made and seconded, it was voted to approve the request Green of Rev John P Streit, Jr , Church of Our Redeemer, for the use of the Battle Green to conduct a memorial service for Archbishop Oscar Romero of El Salvador on Monday, March 30 from 12 00 Noon to 12 15 p m Permission granted subject to coordination with the Police Department and Town Manager Town The Board and the Manager discussed the outline for the remaining Meeting articles for Town Meeting Articles The Manager informed the Board that as a result of a request from the Mass Municipal Association, an estimated Cherry Sheet had been received It was pointed out by the State that these figures should not be used for tax rate computation purposes Mr Hutchinson said that it was substantially in line with what the Town had originally estimated It was decided that Articles 46, 52, 53, 66 and 67 be taken out of order and the financial articles 38, 39, 40, 41, 42, 43, 44, 47, 48, 49, 50, 51 (citizen's article) , 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 68, 69, 70, 71, 72 and 73 be indefinitely postponed It was further agreed that the regular Town Meeting would be adjourned to April 8 to begin upon the conclusion of the Special Town Meeting dealing with the library There was no Exec6tive Session Upon motion dull made and seconded, it was voted to adjourn at 7 45 P.M A true record/Attest aO. tte:t...C.C711-• 041— Executive Clerk I SELECTMEN'S MEETING ie March 30, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, March 30, 1981 at 7 30 p m. Chairman Miley, Mr Busa, Mrs Battin, Mr Crain and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present The Chairman called upon Mr William Page, Chairman of the CATV Com- CATV mittee, who informed the Board that, under Mr Cohen's counsel, the Com- Provis- mittee were ready to recommend signing of the provisional license with ional Adams-Russell Co , Inc License Upon motion duly made and seconded, it was voted to sign the provis- ional license for CATV with Adams-Russell Co , Inc Mr William C Henchy, Vice-President of Adams-Russell gave an up to date progress report and introduced Ms Loren Goldfarb who will be the program director for Lexington The Chairman thanked the Committee for eight years of work put into the finalization of the provisional license and the introduction of CATV to Lexington The Committee and Adams-Russell representatives retired from the meeting The Board met with the East Lexington Neighborhood Association to dis- Adams cuss the future use of Adams School School Mr Roland W Gubisch, spokesman for the group, read a letter that was addressed to the Board stating the concerns of the group regarding the pro- posals before the Board The contents of the letter dealt with the char- acteristics of the location regarding the recreational fields, small parking area, congested traffic intersection and the fact that the library has no off-street parking of its own The intent of the letter was to urge the Board to renew the lease of the Waldorf School for at least one more year, permitting adequate studies to be completed of the school site and its restrictions It was the feeling of the group that the two proposals being con- sidered by the Board, Sacred Heart Church and Niles Corporation, failed to address restrictions set forth and also indicated that Town Meeting Mem- bers have signed petitions indicating for more conversion options A peti- tion signed by the neighbors supporting the continuation of a school at Adams as well as the Town Meeting petition were submitted to the Board Mr Busa addressed the group and stated that the Committee had taken into consideration lease proposals, housing proposals, Waldorf School pro- posal, subsidized and non subsidized housing, luxury apartments, moderate income apartments and low to moderate income apartments when its decision was made He stated that, at that point in time, one of the seven members of the School Sites Conversion Committee was in favor of continuing the lease of the Waldorf School He stated that he wanted to make it clear that he did not want to close the door to the possibility that housing would be the best possible use for the school Mr Zabin, who was in the audience, stated that this petition did not represent official action of the TMMA or the Executive Board and that he was not in any position to speak for them , 1(9 - 2 - Mr Stanley Marshman presented a letter to the Board summarizing his opinion for keeping the Waldorf School in the building Mr Busa stated that he felt that if the Board did not wish to discuss the matter further he suggested that a decision could be made at this meet- ing as to what disposition should be made of the article at Town Meeting He stated that he felt that it was a political reality that there would not be enough votes to go forward with it at Town Meeting He suggested that for discussion purposes a motion be made and made the following motion which was voted Upon motion duly made and seconded, it was voted to indefinitely post- pone the article at Town Meeting and negotiate with the Waldorf School a new lease for a period of no more than one year Mr Crain stated that he felt that the time-line should be tightened up to be sure that works begins on a new committee being formed, making sure that it has good neighborhood representation and a time certain be estab- lished for a report from the committee, possibly December 1, should the motion pass at Town Meeting This would enable the Board to be able to deal with proposals that come forth in ample time for next Town Meeting Mr Crain felt that the Conversion Committee had confronted a very difi- cult task in this assignment and had worked very hard and very honestly on it and deserved the appreciation of the Board He pointed out that it is not pleasant work and has not been in any of the conversions and possibly won't be for the rest The East Lexington Neighborhood Association expressed its appreciation of the Board's decision and retired from the meeting Lex The Chairman read a request from Temple E Scanlon, Executive Director Housing of the Housing Authority to sign Amendment No 2 to the Annual Contributions Authority Contract B-1471 Mr Scanlon explained that the contract was the one under which 17 single family units were constructed The amendment extends the life of the ability for the Federal Government to provide an operating subsidy from 40 to 50 years Upon motion duly made and seconded, it was voted to sign Amendment No 2 to the Annual Contributions Contract B-1471 for the Lexington Housing Authority One Day Upon motion duly made and seconded, it was voted, Mr Politi abstaining, Liquor to issue a One Day Liquor License to the Lexington Friends Community Resi- Lic dence for May 8, 1981 from 8 00 p m until Midnight One Day Upon motion duly made and seconded, it was voted, Mr Politi abstaining, Liquor to issue a One Day Liquor License to the Lexington Bicentennial Band for License May 1, 1981 from 8 00 p m until Midnight Minutes Upon motion duly made and seconded, it was voted, Mr Politi abstaining, to approve the minutes of Selectmen's Meeting of January 26, 1981 Minutes , Upon motion duly made and seconded, it was voted, Mr Politi and Mrs Battin abstaining, to approve the minutes of the Selectmen's Meeting of February 2, 1981 - 3 - L/ / 7 Selectmen's Meeting March 30, 1981 The Chairman requested comments from the Board regarding Article 7 on 1-b"'" the Warrant - Revocation of Civil Service for Future Police Officers C , Mr Crain stated that he would to make a motion to indefinitely post- post the article for the purpose of discussion The motion was seconded He then stated that, while he sympathized with the stimulus for bringing the action forward and the process has given full opportunity to get all the facts and considerations on the table, he, personally had two concerns that the process, as was necessitated did not allow for a time certain to sit down at bargaining last summer to discuss the issue He stated also that he was satisfied there was a good replacement process for selecting people by the elimination of Civil Service since the Commission is not able to respond to the request to temporarily supply that service Mrs Miley stated that she felt that she would like to qualify the statement and indicate that the Civil Service does not "at the present time" have a solution Mr Buse stated that it was his understanding that if it was not voted at this Town Meeting that it was a dead issue He stated that anything that Civil Service rewrites or adds or subtracts and the police department remains part of Civil Service, they, in fact, will be part of the redraft- ing of the Civil Service law Mrs Miley stated that she didn't want it to sound so final that the matter will never again be brought up and discussed Mr Crain stated that he felt that no proposal could be framed to ex- clude future action He felt that after analyzing all the information he had on the subject that it was not the thing to do now Mrs Battin stated that she wanted to thank the Manager for doing as the Board requested and investigated the rescission statute and writing a very good report, but agreed that there were problems that had been raised She felt that it was not a dead issue, but agreed that it was not timely Upon motion duly made and seconded, it was voted to postpone Article 7 on the warrant indefinitely Officer Petrino addressed the Board and extended the appreciation of the Lexington Police Association and Lexington Police Betterment Association for the consideration given by the Board He stated that the Betterment Association, made up of sarg eadts are more than willing to sit down and discuss the matter The Chairman thanked Officer Petrino and he and other members of the Police Department retired from the meeting �� �d ca r! Mr Crain addressed the Board and stated that he had met with the Hu- man Services Committee and the Committee had informed him that it feels it has reached a turning point The Committee feels that it should have better defined activities and a charter for those who might follow It is the opinion of the Committee that there will be a considerable turn-over due to resignations in the spring Mr Crain stated that he told the Committee that the Board would wel- come input based on its experience regarding the definition of the charter and the skills the Board should be looking for in order to people the Committee if the Board accepts the charter He suggested that a date late - 4 in May be set to meet with them regarding the changes and also, if the Board was agreeable, to discuss budget items that the Board will be dealing with at Town Meeting Park & Mr Busa informed the Board that he had .met with Mr & Mrs Edmiston Rec Regs and discussed the park and recreational regulations regarding the restric- tions on dogs They informed Mr Busa of their difficulties in walking their dog and suggested amendments to the regulations Mr Busa set up a meeting with them and Miss Halverson and Mr Prentiss to discuss the matter As a re- sult of the meeting, Mrs Edmiston sent in suggested amendments and wording for the regulations together with a petition with several signatures re- questing changes Mr Hutchinson is to report back to the Board after discussing the issue with Mr Prentiss Dogs Mr Busa also informed the Board that he had received phone calls from people who, as a result of dog hearings, had received notices to have their dogs removed from the Town They requested that they be allowed to bring their dogs back to Town if they are determined to be "rehabilitated" and no longer a nuisance to the Town Mr Crain stated that in each case that the recommendations were to take drastic action, came as a result of the owners' non-compliance with the leash laws not the fault of the dogs A report is to be requested from the Animal Control Officer on the question Bedford St / Mr Busa informed the Board that he, the Town Manager and the Town En- Hartwell gineer, representing the Town; Mr Chait, representing the Chamber of Com- Ave merce; Mr Bussgang, Mr Griffin, Mr Spaulding, Mr Stevens and Mr Pagelkopf, representing industry; Senators Amick and Rotondi; Representatives Doran and Vigneau and Mr Radlow from the State Department of Public Works had met with the Governor regarding the Bedford St /Hartwell Avenue traffic problem. A letter outlining the proposed plan and the estimated construction costs was presented to the Governor Mr Busa stated that the Governor was very receptive to the request and was impressed by the fact that the Town Engineering was going to design the project, showing a strong local committment by absorbing this cost The Governor stated that he felt that he could not fund this $4,000,000 project in this year's budget, but there might be some funds available to take care of the immediate needs Mr Hutchinson stated that funding really wouldn't be needed until 1982-83 because of time frames on the project The Governor requested Mr Radlow to look into the matter immediately Recycling The Board discussed the Recycling Agreement and Mrs Fricker is to Agreement submit the names of the people responsible for keys to the recycling area and the hours of operations on days other than regular Town work days Upon motion duly made and seconded, it was voted to sign the Recycl- ing Agreement between the Town and the Citizens for Lexington Conservation Incorporated The Chairman thanked Mrs Fricker and her Committee for the time and effort put into the project and wished them well The Committee retired from the meeting - 5 - - ] �/ Selectmen's Meeting March 30, 1981 The Manager informed the Board that he working to get an update on Budget statute interpretation on 2 1/2 as there is the possibility that the Prop 2 1/2 Town may not be able to utilize the full value of the new valuation He stated that this would result in the current budget being $354,366 short or a needed rollback of $194,901 for the schools and $159,465 for the Town He stated that there seemed to be three options additional cuts, Selectmen implementation of a sewer use charge and possibly a water rate increase and hope that enough State aid would be received to offset the need for fees The Board discussed the request of the N E Telephone Company for N E Tel permission to install public phone booths in the Center Phone Booths Upon motion duly made and seconded, it was voted, Mr Crain abstain- ing, to approve the installation of the following public telephones in the Center area 1 phone booth in the Meriam Street parking lot (no incoming calls) 1 phone booth in the Emery Park area (placed to the back of the sidewalk (no incoming calls) 1 phone booth pay/charge card away from the street edge of the sidewalk in front of CVS store (no incoming calls) There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 8 50 P.M. A true record, Attest 071-diux-c531 Executive Clerk G I I VOID ti ‘N, J,\sk• ( 02 V 1 SELECTMEN'S MEETING April 6, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 6, 1981 at 7 30 p m Chairman Miley, Mr Buse, Mrs Battin, Mr Crain and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present The Board met with the Transportation Advisory Committee and Mr Rosen- Trans berg,Chairman of the Committee, presented several issues for the Board's Adv consideration Committee Mr Rosenberg informed the Board that the Arlington Center-Five Forks MBTA bus which maintains a low ridership may be discontinues The Com- mittee suggested that one suitably timed run in the morning and one run in the afternoon to service the Hartwell Avenue area could be requested of the MBTA. The Board discussed the request and agreed that the Chairman will write to Mr James O'Leary, General Manager, of the META and make the suggestion Upon motion duly made and seconded, it was voted to have the Chairman write to the MBTA General Manager and request that one bus arriving at Hartwell Avenue about 8 15 A.M. each weekday and one bus departing at 5 15 P.M. be considered The Committee requested the approval of the Board to provide lunchtime LEXPRESS LEXPRESS shuttle service between Lexington Center and Hartwell Avenue The Hartwell Chamber of Commerce has offered $500 00 in seed money to get this service Ave started A fare of 50c each way was suggested and service continuance be subject to the condition that the service be self-supporting. He explained that this would not affect the regular LEXPRESS bus service as Transporta- tion Management has indicated that they have a bus than can be used for this service which would come under the present contract The questions of what route the bus would take and the fare to be charged was discussed It was agreed that the 50p fare should apply to anyone living along the route if they desired to use the service and not just to employees in the Hartwell Avenue area Upon motion duly made and seconded, it was voted to accept $500 00 from the Chamber of Commerce as seed money to enable LEXPRESS to provide lunchtime shuttle service to Lexington Center and business firms in the Hartwell Avenue area A fare of 50c each way is to be charged and the Transportation Advisory Committee is to map out a route in conjunction with business firm representation in the area The Committee recommended a new fare structure for 1981-82 which the LEXPRESS Board approved Fares Upon motion duly made and seconded, it was voted to approve the follow- ing LEXPRESS fares for 1981-82 e1 - 2 - Regular Fare 40c Senior Citizen 20c Children under 6 10c Transfers l0c Burlington Surcharge Regular 25c Senior Citizens 10c Book of Tickets 14 @ $5 Annual Pass $50 6 Month Pass $30 3 Month Pass $20 LEXPRESS Mr Rosenberg informed the Board that many requests have been received Field Trips from teachers who are taking school children on field trips for a reduction in fare After discussion it was agreed that a reduction in fare be allowed for field trips but no more than twelve be allowed on any bus Upon motion duly made and seconded, it was voted to allow a reduction in fare to 10C for school children on field trips but no more than twelve be allowed on any bus The Chairman thanked the Committee for the time and expertise given so generously and they retired from the meeting Town Celeb The Chairman of the Town Celebrations Committee met with the Board to Committee present its budget report on the Patriots' Day Parade Mr Fitzgerald informed the Board that the cost of parade units was $10,415 25 and $6,000 had been received from sponsors and donations toward this cost The general expenses were $1,122 00 which included bunting for the Town public buildings There is a balance of $1,811 05 Mr Fitzgerald stated that he is anticipating more donations before finalizing the plans The Chairman and the Board expressed appreciation for the dedication of the Committee members for a job well done Mr Fitzgerald and Committee mem- bers in attendance retired from the meeting Cary The Capital Expenditures Committee met with the Board relative to the Library cost of repairs to the Cary Library The Manager reported to the Board that the Library Committee will be requesting $196,000 He explained that ten bids had been received and he did not see any major changes in expenditures The reconstruction costs are as follows $165,000 - Reconstruction; $14,000 - Testing; $17,000 - Contingencies Mr Busa explained to the Board that the architect had recommended re- placing the window wall on the back of the building with insulated shadow glass He stated that this would be an energy saving measure which may be recouped from the previous contractor Previously incurred costs of $66,144 included $5,300 - cutting and re- moving panels; $1,500 - bolting and securing remaining panels; $5,300 - consultant report and architectural services; $19,000 - securing, water- proofing of addition; $20,000 - legal fees -- judicial proceedings; and $15,044 - architectural services Mr Busa explained the reconstruction process to the Committee and explained that the contractors who had bid on the job had encompassed the same rules and the same bid and that the difference in the range of the111 - 3 - Selectmen's Meeting April 6, 1981 bids was most likely due to difference in supervision and in the profit anticipated The Manager stated that it was felt that it was good bid- ding because there was a tight cluster of the three lowest bids despite the wide range overall It was brought out during the discussion that the Town would hope to recoup the loss entirely but it was contingent upon the jury handling the case The Chairman thanked the Library Reconstruction Committee for all the work put into the project and they and the Appropriation Committee retired from the meeting The Chairman read a request from Mr George Wolf, 38 Peacock Farm Rd Amnesty Secretary, U S. Group 56 of Amnesty International, that May 28th be de- Inter- clared "Prisoner of Conscience Day" in the Town of Lexington. The letter national of March 7 indicated that the group would like to have the opportunity to address the High School assembly or other schools or organize similar events The Chairman, at that time, had replied to Mr Wolf that the Se- lectmen had no jurisdiction over the use of the schools and referred him to the School Department He had replied that he wished to address the Selectmen and, thus, it became an agenda item Mr Busa stated that he believed it was the same group that had gone to Iran attempting to get release of the American hostages contrary to the wishes of State Department that no civilian organization become involved in release proceedings without State Department sanction Mr, Wolf addressed the Board and stated that he was not fully informed regarding the incident but he felt that the person who had gone to Iran was not an American but was an Irishman, at that time the International Presi- dent of Amnesty and, therefore, did not come under the jurisdiction of President Carter's request Mr Crain asked Mr Wolf whether or not Mr. Ramsey Clark was working under the jurisdiction of Amnesty International when he went to Iran in his efforts to effect release of the hostages. A gentleman accompanying Mr Wolf stated that Mr Clark is on the Board of Directors, but he did not know if his trip to Iran was under the direction of Amnesty Mr Busa made a motion not to support the request Mrs Battin stated that Mr Busa's motion had not received a second and she wished to make a counter motion to support the request and declare May 28 "Prisoner of Conscience Day" in the Town of Lexington She stated that what the schools did about the request for the opportunity to address the schools was its business Mr Crain stated that he would require further information about the organization before he could support the request and whether Mr Clark in his trip was speaking officially in behalf of Amnesty and moved that the matter be tabled Upon motion duly made and seconded, it was voted to table the matter pending receipt of further information from Mr Wolf relative to the role of Amnesty in regard to Mr. Clark's visit to Iran � rf, - 4 - Sewer & The Chairman read a request for deferment of various sewer and water Water betterments of outstanding charges of longstanding. Defer- The Manager requested that the matter be tabled until further informa- ments tion is obtained from the Director of Public Works/Engineering Upon motion duly made and seconded, it was voted to table the request for deferment of sewer and water betterment charges as listed. No Parking Upon motion duly made and seconded, it was voted to approve the request Center of the Traffic Safety Committee for the installation of a "No Parking" sign Pool at the Center Pool -- at Worthen Road, East side from Massachusetts Avenue to 700' southerly, League of The Chairman read a request from the League of Women Voters of Lexington Women that Town Meeting not be held on Wednesday, May 20th Voters Upon motion duly made and seconded, it was voted to advise the League of Women Voters that the matter would be taken under advisement Minutes Upon motion duly made and seconded, Mr Politi abstaining, it was voted to approve the minutes of the Selectmen's Meeting of February 9 Recreation Upon motion duly made and seconded, it was voted to approve the request Little of the Recreation Coordinator for permission to hold the "Opening Day Parade" League on Saturday, April 25 at 10 00 a m The route would be "down Mass. Avenue, Parade through the Center, down Muzzey Street and terminate at the Little League Field at the end of Park Drive. Mr Politi will represent the Board Connelly- The Chairman read a request from Rep Edward W. Connelly for support of Mullins House Bill 532 -- Connelly-Mullins Sales Tax Bill Sales Tax The Manager suggested that the matter be discussed with our own rep- Bill resentatives and get their reaction to the Bill before making any decision. The Board agreed Hennessey The Board and the Manager discussed his recommendation that the Berg- Stable meyer lease be renewed for a three-year term at a rate of $300 00 per annum. Bergmeyer for the use of the stable building located on the former Hennessey property Mrs Miley requested that Manager to take another look at the property as she had noticed a broken window for some time and under the terms of the lease Dr. Bergmeyer was to maintain the property Upon motion duly made and seconded, it was voted to table the Manager's request to renew the Bergmeyer lease pending further information relative to the maintenance of the property Upon motion duly made and seconded, it was voted, 5-0, Mrs Miley, Mr Buse, Mrs Battin, Mr Crain and Mr Politi, to go into Executive Session for the purpose of discussing matters of collective bargaining and litigation with no intention of resuming the Open Session Upon motion duly made and seconded, it was voted to adjourn at_ 9 40 P.M A true record, Attest accoar ea-ur Executive Clerk II Q4\;\;\ SELECTMEN'S MEETING April 13, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, April 13, 1981 at 7 30 p m. Chairman Buse, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks Assistant to the Town Manager and Miss Casey, Executive Clerk, were present Mrs, Jacquie Smith of the Hanscom Field Advisory Commission met with Hanscom the Board to discuss legislation before the House and Senate pertaining to Field Logan Airport which might, eventually, affect Hanscom Field Mrs Smith referenced H 1058/S 1598 which would repeal the law which currently prohibits Mass Port from implementing its regulations on towing The original bill was passed in 1979 and since then them have been bills in the Legislature to get it repealed Mrs Smith felt that this was a case of the Legislature abrogating a State Agency when it has acted in good faith and in a public way H. 4814 is a bill to repeal the current minimum charge of $20 00 im- posed from 8 00 a m. until 8 00 p m at Logan to discourage small planes from using the airport. This bill is being supported by groups of corpor- 111 ate and small plane owners Mrs Smith felt that, if this bill is passed, the groups will then turn to the Noise Rules at Hanscom which are as annoying to them as the $20 00 minimum charge She stated that for the above reasons, as well as for general good government reasons she requested the Board to contact our legislators for their support Upon motion duly made and seconded, it was voted to have the Chairman Write to Representative Doran and Senator Rotondi to vote in favor of H.1058/S 1598 and in opposition to H. 4814 The Board met with Messrs Goodman of the Hub Bus Lines relative to a Hub Bus petition for a fare increase and change in schedule for the Lexington/ Lines Boston Commutter Service. The Chairman referenced a petition from regular commuters who com- plained about the overcrowding, service and condition of some of the older busses Mrs Miley and Mr Crain both felt that "standees" should have straps or some other measure to hold onto for safety reasons Mrs Miley also brought out that the Bedford riders have been parking near the Parker School along Harding Road and the neighbors have been upset about this Mr Crain stated that last year during contract discussions, Mr Good- man had said that new equipment was to be added to the line which has not been done Mr Goodman responded that three busses in the fleet aren't even a year old and while frequently used for long-distance charter service, are used on the Lexington run three or four times a week Responding to the complaint regarding exhaust fumes in the busses, Mr Goodman stated that he has had Registry men come with their equipment and test the busses and they were found to be 0 K - 2 - a5 The problem of "standees" was addressed by Mr Goodman who said that it was planned to add two additional daily runs to the Great Road Shopping Center, but it was not anticipated that this could be done until the fall During further discussion, it was brought out by Mr Crain that the bus drivers were always courteous and drive safely despite the overcrowed con- ditions on the busses The Manager suggested that Mr Goodman meet with our Transportation Ad- visory Board to get its input into the situation and submit a report ad- dressing the problems brought up at this meeting Mr Hutchinson is to report back to the Board on the 27th MAPC Project Mrs Frick met with the Board regarding the reply to the Environmental #ENF-81-71 Notification Form on the Colangelo Property She stated that she felt that Colangelo it was a good time to re-emphasize the traffic problem on Hartwell Avenue/ Bedford Street and suggested that the developer be required to provide specific information showing the projected impact of the traffic from the de- velopment and what commitments he is prepared to make to reduce the impact of the additional traffic She stated that the wetlands questions have been re- solved to the satisfaction of the Conservation Commission and the order of conditions has been written Upon motion duly made and seconded, it was voted to approve Mrs Frick's suggested reply to the Environmental Notification Form MMA Mr James Segel, Executive Director of the Massachusetts Municipal Associa- Mr James tion met with the Board relative to his communication of March 10 in which he Segel referenced the roll call vote of the House on the issue of increasing local aid by $300 million dollars Representative Doran had written to the Board on March 25 expressing his discouragement by "misleading public statements made by the MMA to local officials concerning the recent vote to suspend House rules for introduction of a resolution*. Mr Doran felt that the implication was that those in the Legislature that had opposed to rules suspension for in- troduction of a resolution were also opposed to increased local aid Mr Segel explained that in issuing their comments on the vote, the MMA did not intend to insult Rep. Doran or any of the Legislators He stated that the Town was well represented in the Legislature and was glad to have the opportunity to resolve the misunderstanding He stated that the MMA had supported the resolution as nothing had been done at the state level to counter the affects of Proposition 2 1/2 The MMA is taking the stand that no State budget is acceptable which does not include at least $300 million in addi- tional local aid He noted that Govenor King's budget proposed an increase of $8 million in aid to cities and towns facing deficits under the tax-limit statute which he felt was not enough because of the loss of $600 million in the first 18 months The $300 million proposed by the MMA would be 50% of the anticipated shortfall The Board and the Manager had several questions for Mr Segel regarding his opinion as to which way the Legislature would go relative to excise tax, anti-growth provision He stated that he felt that the excise tax would not be increased but that it would not be abolished It was his opinioi9 that the Legislature must be made aware that more money must be given back to the cities and towns and that no matter what happens with 2 1/2 the property tax will go up again one way or another He felt that some reasonable override of the growth cap should be made The Manager stated that everyone is concerned about the affects of 2 1/2 on a multi-year basis and that the Town has made a lot of cuts to get where is right now and provide essential services - 3 - L a /0 Selectmen's Meeting April 13, 1981 l After further discussion, the Chairman thanked Mr Segel for coming and giving the Board his thoughts on the affects of Proposition 2 1/2 on the communities and where he thought the Legislature might make changes Mr. Segel expressed his appreciation for the opportunity to come before the Board and retired from the meeting Upon motion duly made and seconded, Mr. Politi abstaining, the Board voted to issue the following One Day Liquor Licenses: Moses Michael Hays Lodge, A F & A.M for April 16, 1981 at the One Day Museum of Our National Heritage Liq Lic St Brigid's Parish for May 3, 1981 at Kielty Hall, 2001 Mass Ave One Day Liq Lic Upon motion duly made and seconded, it was voted to approve the Common renewal of the Common Carrier License for the Hudson Bus Lines. , 20 Union Carrier Street, Medford. Lie. Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's Meeting of March 2, 1981. Mr Politi abstained The Chairman read a request from Sallyann W Maclntosh, Chairman of Middlesex 111 the Hopkinton Board of Selectmen requesting support for legislation which Cty Adv would allow the Middlesex County Advisory Board to limit and control the Board Middlesex County budget Upon motion duly made and seconded, it was voted to circulate a peti- tion to be sent to our legislators requesting support for legislation which will allow the Middlesex County Advisory Board to limit and control the Middlesex County budget The Chairman read a request from Arlex Taxi Corp for renewal of its Arlex taxicab licenses for 1981. A report of Capt Lima indicated that all the Taxi listed vehicles had been inspected and found qualified for renewal except Lic. taxi #24 which had been in an accident recently This cab would not qualify for renewal until repairs have been made Upon motion duly made and seconded, it was voted to renew the licenses of the Arlex Taxi Corp on the following vehicles Taxi # Year Make Model ID # Plate 8 1978 Ply Sedan HL41DSF119653 9098 10 1978 Ply St Wgn HL45D8B196598 9097 12 1978 Ply St Wgn HL45D8B196600 9096 14 1980 Ply Sedan HL41CAF145760 625A 16 1980 Ply Sedan HL41CAF145757 6848 18 1980 Ply Sedan HL41CAF145758 6849 20 1980 Ply Sedan HL41CAF145761 6881 The Chairman read a request from Peking Garden Restaurant for permission to use its downstairs banquet room on Patriots Day prior to the parade to serve lunch to the United States Coast Guard Band and the United States Army Band members - 4 Upon motion duly made and seconded, it was voted to approve the request of Peking Garden Restaurant for permission to use its downstairs banquet room on Patriots Day prior to the parade to serve lunch to the United States Coast Guard Band and the United States Army Band members Committees The Manager submitted a list of his committee appointments for 1981 and requested the press to give some coverage to these upcoming appointments so that people who might be interested in serving on a committee could come in and fill out a Talent Bank Questionnaire He requested the cooperation of the press in publishing the list due to the fact that the Town Report was not delivered to each home this year Adams The Manager informed the Board that the charge to the School Sites Conver- School sion Committee for Muzzey and Adams will be ready shortly The Board dis- cussed the feasibility of having another community meeting with the people in the Adams area and it was decided to have a meeting in Estabrook Hall early in May Tax Levy The Manager referred the Board to its copies of his letter to Commissioner Under L Joyce Hampers requesting clarification of the tax levy under Proposition Proposition 2 1/2 His question to Commissioner Hampers was whether the communities 2 1/2 that are currently under the 2 1/2 levy limit and in the process of completing revaluation would be restricted to a 2 1/2% increase of the existing levy or 2 1/2% of the new value. He will report to the Board when he has received an answer from the Commissioner Center The Manager reported that Center Pool is scheduled to open on June 13 in- Pool stead of Memorial Day weekend as it did last year. He felt that Mr... Prentiss and Miss Halverson would need direction from the Board prior to Memorial Day because of staffing details if the financial situation warranted an earlier opening It will be discussed again early in May Budget The Board and d the Manager briefly discussed the budget and Mr Hutchinson pointed out that cuts have already been made where possible and the budget, as it now stands, seems pretty firm. Mr Crain requested the Manager to get an analysis of the Town's cost for electricity and suggested that a committee be formed for this purpose Mr Busa commented that perhaps the Energy Committee could do this Mr $ut- chinson will come back to the Board with a report, Constable The Manager requested the Board's approval of the Constable's Bond for Bond John J Shine, Jr John J Upon motion duly made and seconded, it was voted to approve the Constable• Shine Bond in the amount of $5,000 for John J Shine, Jr There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 05 P.M A true record, Attest (-1-12 Executive Clerk ,,` L SELECTMEN'S MEETING April 27, 1981 A regular meeting of the Board of Selectmen was held in the Estabrook School on Monday, April 27, 1981 at 7 30 p m Chairman Busa, Mrs Battin, Mrs Miley and Mr Politi, Mr Hutchinson, Town Manager; Mrs inks, Assist- ant to the Town Manager; Miss Casey, Executive Clerk were present The Chairman convened the meeting and called on Mr Zehner, Town Trea- Mr Zehner surer, who explained that the Town has $1,025,000 in bank loans due June 16 Bond and there is $100,000 outstanding on existing contracts He requested the Issue pleasure of the Board as to whether the $1,125,000 debt should be renewed for one year at an interest cost of probably $90,000 or should the debt be funded for five years at an interest rate of about 8% with a bond issue to be dated June 15 He stated that in these chaotic times he was uncomfortable at the Town's exposure to short term bank loans unless rates in June, 1982 dropped below 5 1/2% which he felt most unlikely It was his recommendation that the Selectmen approve a five-year bond issue dated June 15, 1981 to re- finance the $1,025,000 existing bank loans plus the $100,000 additional to be borrowed in May for outstanding contracts IIIUpon motion duly made and seconded, it was voted to authorize the Town Treasurer to negotiate a five-year bond issue to be dated June 15, 1981 to refinance $1,025,000 existing bank loans plus $100,000 additional to be bor- rowed in May for outstanding contracts The Chairman thanked Mr Zehner for the excellent work he has done for the Town which has resulted in a continued AAA bond rating Mr Zehner ex- pressed his appreciation and retired from the meeting. The Board met with Senator Rotondi and Representative Doran to discuss Rep Doran Proposition 2 1/2 and how developments on Beacon Hill will affect town Sen finances Rotondi It was the feeling of both Legislators that the State budget would not Prop 21/2 be approved until late June or early July which would mean that Town Meeting would reconvene on June 1 without the final "cherry sheet" figures Both Legislators felt that Proposition 2 1/2 was never intended to be anti-growth and Rep Doran stated that most members of the House were en- thusiastic supporters of an amendment authored by Rep Gerald M. Cohen to remedy this provision of the bill Representative Doran also stated that he is supporting other amendments to the bill which includes a provision to allow cities and towns to schedule local referenda to override the 2 1/2% tax increase limit whenever they choose He stated that the current stipulation that municipalities can call a referendum only in November is completely unrealistic as budgets are approved in the spring Rep Doran also supports an amendment which would limit other state and county assessments such as county government spending and MBTA expenses to 2 1/2% - 2 - Senator Rotondi stated that while he supports a curb on State and County spending, he was not sure that this was the way to do it. He felt that lim- iting growth to 2 1/2% was not the answer to the MBTA question Both legislators expressed their support of an amendment which would make fixed expenses incurred by municipalities exempt from the statue's limi- tations A bill sponsored by the Middlesex County Advisory Board to cut County spending will be supported by both of the Legislators Rep Doran stated that with bond ratings being suspended all over the State, towns and cities need the protection of this amendment He noted that the Town of Lex- ington has worked hard for many years to achieve a triple A bond rating and is one of only eight or nine in the State, and without this amendment Lexington would inevitably come up with a lower bond rating and, thus, the taxpayers would be paying several hundred thousand dollars more Senator Rotondi stated that if the Legislature fails to act this year he will support an iniative to put the County Government funding issue on the ballot for 1982, Senator Rotondi stated that the Legislature is aware of the State's role in Proposition 2 1/2 inequities, including unfunded mandated State pro- grams, low State aid to education and an overburdened property tax It was his opinion that the Legislature only reacts when there is a major crisis, and felt no optimism about the possibility of the Legislature working on major tax reforms in this session Both of the Legislators felt that if the Legislature adopts the amend- ments they had referenced, 2 1/2 would be a much more workable piece of legis- lation that would provide for reasonable levels of municipal services Questions from the Board and the audience were answered and the Chair- man thanked both Legislators for coming to the meeting and explaining some of the details of the complex piece of legislation They expressed their appreciation for being invited and retired from the meeting Prop 2 1/2 The Chairman read a letter from Mr Wadsworth, Chairman of the Appropri- Town ation Committee expressing its concern about the Town enacting or increasing Valuation user fees such as water, sewer, etc in order to meet the present financial problems of Proposition 2 1/2 It was its opinion that there were three al- ternatives, 1) initiate or raise user fees, 2) make further cuts in budgets, 3) use additional "free cash". The Committee wished to know what the Board planned to do in this regard so that it could be guided accordingly when preparing its budget figures. The Chairman stated that the Board will not con- sider raising user fees until the "cherry sheets" have been received He also stated that there was the possibility of using some of the "free cash " The Chairman requested the Manager to explain to the audience what the affects of 2 1/2 would be on the Town's finances Mr Hutchinson explained that during a discussion between the Comptroller, Town Counsel and himself, there seemed to be a discrepancy in the language of the statute The statute states that 2 1/2% of the fair market value can be raised, but it also states that property taxes can only be raised 2 1/2% over last year's levy As the Town is now nearing completion of the re- valuation, the question was raised as to whether or not this new figure could be used and was presented to the Office of Revenue for clarification A reply has been received which stated that the Town is limited to using 2 1/2% over last year's levy Mr Hutchinson stated that the Town is now losing over a million dollars in excise tax, but that the estimated budget presented to Town Meeting was based on the total valuation of the Town of one billion, twenty-five million dollars and was "right on " - 3 - 3 3 Selectmen's Meeting April 27, 1981 III He emphasized the need for legislative amendments to the bill as it penalized towns such as Lexington for having been frugal. It was his feeling that "free cash" should not be used to help meet the $350,000 shortfall Mr Busa disagreed and stated that new revenues would be com- ing in and could be placed in the account Mr Busa explained to the audience that the budget will be discussed again before Town Meeting reconvenes in June Upon motion duly made and seconded, it was voted to approve the follow- Bonds ing bonds Town Treasurer $170,000 Collector of Taxes 160,000 Town Clerk 6,500 Town Manager 50,000 Upon motion duly made and seconded, it was voted to approve the renewal Auctioneer of Auctioneer License for William G. Marley, 22 Phinney Road, Lexington for License auctioning motor vehicles at Four Seasons Arena, Route 1 and 27, Walpole, Wm G Mass and not in Lexington. Marley Upon motion duly made and seconded, it was voted to issue a One Day 1 Day Liquor License to RAEDAAC Assoc. of W R. Grace Co for April 28, 1981 Liq Lic Mr Politi abstained from voting Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's Meeting of March 9 Mr Busa abstained from voting be- cause he did not attend the meeting Mr Busa informed the Board that he had met with members of the American Cary Hall Legion and the Veterans of Foreign Wars who were interested in adding light- War ing to the war memorial and flag in front of Cary Hall The organizations Memorial would payfor forslant marker upon a granite the costs setting the present p base and adding lighting fixtures The purpose of this lighting effect was for a special recognition for the Vietnam and Korean Veterans The Town would be required to pay for the cost of electricity During discussion of the request, Mrs Miley stated that the Town's philosophy was toward conserving energy and reducing the amount of outside lighting She requested information as to whether or not there were any re- strictions in this area The Energy Committee is to be consulted regarding the question. Upon motion duly made and seconded, it was voted to table the request of the American Legion and Veterans of Foreign Wars relative to providing a new base for the war memorial in front of Cary Hall to provide lighting for the memorial and flag The Chairman opened up the meeting to the residents of the Harding/ Simonds Road area to a discussion regarding the problem of all day parking of the commuter bus patrons The problem was generated by people from Bedford who take the bus to Boston, as well as, Lexington residents Residents complained that they - 4 - 3� are sometimes unable to exit from their own driveways and also expressed con- cern for the safety of the children in the neighborhood Mr Rosenberg, Chairman of the Transportation Advisory Committee addressed the audience and stated that the Committee was aware of the problem and were trying to work out a solution There is the possibility that an added run may be forthcoming and would include the Bedford area Various suggestions were presented to the Selectmen and the Chairman assured the audience that the Board was aware of the problem and would look into the possibility of posting the area as a "No Parking" area. The Manager will have a report for the Board on the complete problem and possible solutions in two weeks Bedford St The residents of the Bedford Street/Eldred Street area registered com- Dust plaints regarding the dust and dirt in the neighborhood from the construe- Problem tion going on there The Chairman explained that the contractor was wholly responsible for preventive measures for this problem and the Manager is to contact the con- tractor and register the complaint Bedford St / The problem of the traffic on Bedford Street was brought up and the Eldred St. Chairman explained that, in his opinion, the only solution was for the Traffic reconstruction of Bedford Street He informed the Board and the audience that it has been the goal of the Selectmen to come to a solution of this problem for many years The project would include installation of additional traffic lights, turning lanes and other improvements He attended a meeting in the Governor's office recently and presented the Town's Traffic Study of the North Lexington Area and is now awaiting a reply relative to State funding of the project Deferrments The Manager referred the Board to its copy of the list of sewer, water, street and sidewalk betterment deferrments the Tax Collector's office had presented to the Board The list represented betterment assessment charges that had been previously deferred and further deferrments had never been re- quested by the property owners, resulting in outstanding charges that go back, in some cases, for many years After consulting the recommendations from the Engineering Department, the Board had many questions that needed clarification After further discussion, it was agreed that questions from the Board should be submitted to the Manager and he would update the recommendations of the Engineering Department and resubmit the problem to the Board at a later meeting Conservation The Manager requested approval of appointments to the Conservation Com- Commission mission retroactive to April 1 Appts Upon motion duly made and seconded, it was voted to reappoint David Williams, 1433 Massachusetts Avenue and Angela Frick, 9 Tavern Lane to the Conservation Commission for three year terms effective April 1, 1981 Upon motion duly made and seconded, it was voted to appoint Ruth Mitchell, 16 Peachtree Road to the Conservation Commission to fill a vacancy to April 1, 1983 The Manager presented a draft of the Charge to the Muzzey School Con- version Committee - 5 - III After a brief discussion, it was decided that the Manager would re- view the charge with Town Counsel to clarify points that had been raised by the Board He is to present it again at the next meeting The Manager referred the Board to the letter from the Executive Sec- Reeds Brook retary for the Town of Arlington requesting the Town of Lexington to re- Drainage move any obstacles in Reeds Brook to help alleviate a drainage problem in Problem the Summer Street area Tn of The Manager requested authorization to reply and recommended the re- Arlington moval of a 36-inch culvert near the access road to Whipple Hill Mr Busa requested information as to when and why the culvert had been installed before he would authorize its removal The Board agreed that Mr Hutchinson is to reply to the Executive Sec- retary after the Manager had obtained the information that Mr Busa had re- quested Upon motion duly made and seconded, it was voted to authorize the Town Manager to reply to the Executive Secretary for the Town of Arlington relative to its request to clean out Reeds Brook Upon motion duly made and seconded, it was voted to redesignate Hazardous Walter Tonaszuck, Director of Public Works, as the Town's Hazardous Waste Waste Coordinator Coordinator The Manager outlined a request from the Hub Bus Lines for a rate in- Hub Bus crease and the report from the Transportation Advisory Committee regard- Lines ing the request He stated that there seemed to be inconsistencies in information being provided i e scheduling problems etc He suggested that Mr Goodman be invited to come before the Board again within 60 days with a progress report on the standee problems, route schedules and other problems Upon motion duly made and seconded, it was voted to table the request of the Hub Bus Lines for a rate increase and to invite Mr Goodman back in 60 days with a progress report Mrs Battin reported to the Board that she and Mrs Frick had met with Hanscom representatives of the Bedford, Lincoln and Concord Boards of Selectmen Area with regard to developing an Ad Hoc Traffic Force to deal with the traffic Traffic problems shared in common around the Hanscom Field area Study It was suggested to them to appoint one Selectman and one Planning Committee Board member to the committee and a third member who might have technical experience in the field The committee will look into other studies that have been made and are being made so that their work will not be a dupli- cation of efforts in coming to a solution to the problem. The representa- tives are to report back to their Boards of Selectmen with this inform- tion The first meeting is schedules for May 21 The Manager requested authorization from the Board to write to the Middlesex Middlesex County Government when submitting the check for dues to indicate Cty Gov the dissatisfaction of the Board with the general operation of the County Government Upon motion duly made and seconded, it was voted to authorize the Town Manager to write to the Middlesex County Government indicating the Selectmen's dissatisfaction with the general operation of the County Government when submitting the check for annual dues 33 - 6 Upon motion duly made and seconded, it was voted 4 - 0 by roll call voted, Mr Busa, Mrs Miley, Mrs Battin and Mr Politi to go into Ex- ecutive Session for the purpose of discussing strategy with respect to bargaining with Hanscom Air Force re water use contract. After discussion, it was voted to adjourn at 10 25 P.M A true record, Attest (def7W<A51? Executive Clerk < �j II/ 1 1 ' ,�� /?'i SELECTMEN'S MEETING May 5, 1981 An informational meeting of the Board of Selectmen with the residents of the Adams School area was held in Estabrook Hall, Cary Memorial Build- ing, on Tuesday, May 5, 1981 at 7 30 P.M Mr Crain, Mrs Miley, Mr Politi; Mr Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Mrs Snow, Principal Clerk were present Mr Crain, acting as chairman, opened the meeting and explained its Adams School purpose as follows: The Selectmen plan to appoint another Committee to Info Meeting view the ultimate disposition of Adams School with particular emphasis on neighborhood concerns compatible with Town goals The Selectmen intend to provide a balance of representation on any designated committee to represent all points of view The immediate site has been a concern (approximately 2 acres for building and parcel to be conveyed subject to its ultimate purpose) He listed concerns as neighborhood compatibility, traffic, access and egress, protection of recreational property, compatibility with Town goals Maps of the area have been prepared The gross square footage of the build- ing is approximately 38,000 square feet Mr Crain requested input on views and concerns of those gathered regard- ing the use of the property This information will be transmitted to the full Board prior to defining a set of guidelines and appointment of the new Committee II/ In response to questions about the formation, function and procedures of the Committee as compared to the previous School Sites Conversion Commit- tee, Mr Crain repeated that the Board would first define parameters and guidelines and then people the Committee in a way that can be responsive to those parameters It would be a completely new, not an additional committee for Adams School He noted that the response from the neighborhood in oppo- sition to the recommendations of the precious committee and the fact that the Board was not in agreement with the Committee's output have prompted this step Pat Swanson suggested that more options should be examined in the next procedure and that the feasibility of leasing for office space should be looked at more carefully as a source of a great deal of revenue for the Town. Selling should be considered but she considers leasing to be more flexible than sale Frank Fuery referred to the concerns listed at the outset of the meeting, particularly "neighborhood compatibility" He felt as a nearby resident, that the only compatible use would be that of a school Traffic and parking from either commercial or housing use would, in his view, impact the area severely and constrict the use of the only recreational area available to the residents of the vicinity Joan Wall felt that encroachment of parking on the heavily used play- ground and access would occur, that use of the playground for recreation would be in conflict with housing use of the building and that the traffic impact from any but school use would be heavy She asked that the school use be allowed to continue , -2- John Holt asked if the Board was opposed to the continuing use by the Waldorf School Mr Crain responded that it was his personal feeling that the Board had nothing against the use of the building as a school but the Board is presented with the need to accommodate whatever use is made of that building in a way that considers the other priorities of the Town, some of which are financial If a school proposal proves to be the most viable use from the point of view of the Selectmen, and the Committee offers it as an alternative that can be worked out, it is certainly a possibility James Barry considered the Waldorf School to be the most appropriate use and of minimal impact on the neighborhood He suggested that the school could lease the property or buy it and make annual payments in lieu of taxes He mentioned that current and future enrollment of Lexington children in the Waldorf School would reduce the public school budget Michael O'Sullivan suggested that funds from sale or lease of the Adams School for school use could be channelled towards the Town's low/moderate income housing obligations Roland Gubisch spoke for the East Lexington Neighborhood Association in favor of the continuing use of the building by the Waldorf School He distributed a chart entitled "Adams School Site Use Considerations" which compared zoning, recreational, parking, traffic and historic aspects of school, housing and commercial uses and showed the changes entailed in each use. He raised questions concerning interior boundary lines shown on site plans displayed and site plans on file in the Planning Office which showed no division of the parcel Mr Hutchinson explained that the interior boundary line shown defined land taken for school purposes and the remain- der is land acquired in a number of different takings for Town use. For purposes of discussion, the immediate site of 2+ acres, which includes the immediate parking area, is the area under consideration For purposes of disposition of the property, it would be a matter of what ultimate develop- ment of the site is acted upon by the Board of Selectmen and Town Meeting Albert Zabin stated that the anxieties raised clearly showed; a need for a study by the Planning Department or outside consultants to investi- gate the impacts of alternative uses on the area, as an aid to the School Sites Conversion Committee Barbara Marshman, Follen Church, noted use of Hancock and Parker Schools for housing and the potential of the same use in the MuzzeV and Munroe Schools She spoke in favor of the Waldorf School and asked if there is a need to convert all phased out schools to housing Mr Crain stated that the use of Adams School has not been predeter- mined and, although the Town Meeting strongly urges an increase in low/moder- ate housing stock, the input in the case of Adams School for housing was not favorable. Also, the Board of Selectmen unanimously agreed that the alter- natives developed were not acceptable These are the reasons other uses are not to be considered Robert Blouin referred to previous Historic District Commission denial with regard to installation of traffic signals in the area and felt that LI 3C, -3- Selectmen's Meeting May 5, 1981 changes necessary for commercial or housing use of the school would be far more detrimental to the historic character of the East Village Dis- trict He favors school use and asked why the Board appears to feel need for change of use Mr Crain expressed his concern as to whether the Waldorf School is carrying its own financial weight under the present leasing situation. Negotations with the school are now going on to determine if an increase in the lease arrangement or sale of the property is a viable option Mary Shunney expressed confusion regarding the boundaries of the 2+ acre parcel to be conveyed and felt they should be defined at the outset She was not in favor of use of any portion of the recreation area for accessory parking Mr Crain stated that any alternative use and its density, traffic and parking requirements would determine encroachment, if any, on the recrea- tion area, hence the exact boundary lines cannot be decided upon at this time. Several others in the audience made statements in concurrence with Mrs Shunney's and in response, Mrs Miley recapped methods used for defin- ing lines in the cases of Hancock and Parker Schools, which proved to be preferable after decision on the use had been arrived at Mr. Gubisch asked what information was needed regarding assurance of financial success of the Waldorf School IIIMr Crain said the Board must understand the Waldorf School proposal for lease or purchase in a formal way Regarding leasing, costs to the Town would have to be determined and in the case of a sale, what the cash flow advantage would be to the Town In current negotiations with the school for : extended lease, the school is resisting an increase Mr Fuery repeated that since only support for the school had been voiced, he saw no need for months of the committee process to consider alternative uses Mr Crain repeated that the purpose of the meeting was to get opinions, points of view and suggestions as to viable options for the use of the Adams School and not to discuss the nature of the Committee. He repeated the pur- poses stated at the outset of the meeting Mrs Swanson said that she felt the Waldorf School was not the only use which would not impact the area and again suggested low density office use as a better financial proposition for the Town. She said not all are in favor of only school use. Julian Bussgang agreed with Mrs Swanson He suggested that parameters regarding uses and specific area , set forth in advance of invitation for proposals, would attract diverse development plans He favors long-term leasing Ron Levy raised questions concerning reversion of the school property to the Town if Waldorf School leased the property and either outgrew the facility or could not afford it in the future The Town would again be faced with its current problem In the case of sale, he asked what control the Town would have on subsequent sale by Waldorf School Mr Hutchinson replied that those were unknown factors at the present time and would depend on stipulation in the lease or sales agreement, but that the Board of Selectmen has always placed protective restrictions and -4- covenants in deeds for conveyance of any public land Edward Bicknell referenced information given at the Follen Church meet- ing He asked for a general conceptual drawing of what is being planned for landscaping and access in the area to be conveyed to be presented at an open meeting of the planners and the neighbors William Spencer noted that the Board has a committment to support Town Meeting regarding efforts to meet the housing quota. He felt that housing was one of the obvious options for consideration James Barry restated his preference for continued Waldorf School use but suggested conversion to an East Lexington Recreation Facility, includ- ing a swimming pool, as another possible use Margaret McDonald asked for information on the processes used in narrow- ing down of the 11 proposals submitted and for reasons why the school use was rejected in favor of housing Mr Crain replied that the Town Meeting mandate in favor of housing carried great weight in the decision process but, because the process was an open one, input showed the need to reconsider The two housing proposals were not viable and were shown to have problems Mrs McDonald felt that if the Adams School article had gone to Town Meeting, and the vote of Town Meeting rejected housing use, consideration of housing in the new committee process could be eliminated. Mr Crain responded that after decision by the Board of Selectmen in opposition to the housing alternatives, it would have been inappropriate to bring the matter to Town Meeting Ruth Wathen-Dunn said she regretted that low/moderate income housing, with some provision for community based living, and under Town control, had not been possible for the Adams School building Mary Shunney felt that the Fair Housing Resolution adopted by Town Meeting has an intimidating effect regarding any other uses of the Adams School The views of the residents of East Lexington should be seriously taken into consideration Mr Crain responded that although he has a strong personal committment to housing, the Board has learned from the previous process It should not be presumed that the Board has a predisposition to any use Weiant Wathen-Dunn asked if criteria have been formulated to .determine whether the Waldorf School in in a financial position to carry its own weight He also asked if the property is leased for use other than school use, who would be responsible for conversion costs He felt there would be some financial difficulty in paying a huge amount for conversion, recovering this money over a period of time and wondered whether this would be possible within a reasonable period Mr Crain replied that since the school committee turned the property over to the Town to reduce the number of schools and save money, it would111 be inconsistent to bring a proposal to Town Meeting which would cost the Town money Selectmen's Meeting -5 May 5, 1981 Mr Wathen-Dunn asked if, in the case of sale, maximum sale price would be of highest importance in the selection process Mr Crain replied that that had not been a major priority in the pre- vious school conversions Barry Sampson asked about current Adams School costs to the Town per month Mr Hutchinson responded that the $1,000 a month rent is covering costs at this time, but future expenses for maintenence and eventually a new roof will be necessary A considerable amount was spent to prepare the build- ing for occupancy ($5,000+) but since that time very little or nothing has been expended Waldorf School is paying for basic maintenance such as heat- ing He noted that the $1,000 per month rental is below fair market value for the property, even for a non-profit organization Judith Totman recalled that the Board had seemed at first reluctant to consider leasing as an option and asked if there had been further discussion of that alternative She requested individual views of members on the gener- al subject of leasing Mr Politi would not oppose long-term leasing if he was convinced that it was the most viable alternative or option available Mrs. Miley is more open to leasing than previously In the past, the possi- bility of tenants unable to carry costs of leased buildings, leading to boarded-up, unused schools, made leasing less favorable in her view Now, in the light of Propositiion 21, she sees leasing as a more viable option James Barry, in support of leasing, noted that if in future, the need for additional schools arose, the Town would still have title to the site Robert Blouin opposed housing use because it would incur need for more Town services Any revenue gain would be lost and would contradict the emphasis on saving under Proposition 2 1. Stanley Marshman asked if the residents would be given a chance to state second choices for use if the Waldorf School use is not allowed to continue He gave his second choice as low impact business Julian Bussgang asked if the congregate housing proposal for Adams School was rejected because of possible financial problems or because it did not meet the goals of the Town Mr Hutchinson said that it was his personal view that because the congregate housing proposed was in the "luxury" category, it did not help in meeting the goals set for increase in low/moderate income housing stock Mr Hutchinson responded to a request by Mrs Miley to outline the selection process used by the School Sites Conversion Committee as follows proposals received were independently reviewed by each member and the pro- posals were then ranked by the Committee on a priority basis The proposals were narrowed to two or three, including the Waldorf School These recom- mendations were then taken to the Board of Selectmen where the decision was made for housing. Robert McCauley stated his opinion that a matrix and constraints should be developed prior to submission of proposals, and that the entire process should be made public i -6- Mr Crain defined "Matrix" as used in this context, as being a graphic display of the various points presented by the various developers after the proposals are submitted and reviewed. It is not a matrix prepared to guide developer/candidates Mr Hutchinson explained the need for executive sessions at a certain point in the process to protect the competing candidates and their propos- als, and said that the matrix developed and votes cast can be made public at this time. Carol Fredette asked for criteria used in the selection and appointment by the Selectmen of members of the School Sites Conversion Committee Mr Crain replied that the Committee would be comprised of a member of the Board of Selectmen acting as chairman, the Town Manager, a neighborhood representative, and various others whom it was felt could make contributions, consistent with the parameters established, that would be useful to the Committee Robert Blouin requested that if the ultimate decision on use is an office building, restrictions be made to ensure office use only and that transient uses such as restaurants be not allowed Patricia Swanson thanked the Board for having the meeting and the oppor- tunity for input Mary Shunney referred to the congregate housing proposal made and stated the need for future consideration of congregate housing proposals Mr Crain assured those present that the record of the meeting will be reviewed by the three Selectmen present as well as those who could not attend and that serious consideration will be given to input received Upon a motion duly made and seconded, it was voted to adjourn at 9 07 P.M A true record, Attest 41 s 9(/ P incipal Clerk I yk`L c,� a SELECTMEN'S MEETING May 11, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 11, 1981 at 7 30 P M Chairman Busa, Mrs Miley, Mrs Battin, Mr Crain and Mr Politi; Mr Hut- chinson, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Executive Clerk were present The Chairman convened the meeting and called upon Mr Hanlon, Town En- Garrity gineer, who presented the report of the Garrity House Committee relative House to the future use of the Garrity House and Carriage House He informed the Board that since its establishment in the Fall of 1980 the Committee has been studying various options for the rehabilitation and reuse of the property Several alternatives were presented including low-income housing, restaurant and craft shop, office space, tea room and craft shop, children's museum and single-family residence The Committee has held several public meetings and on February 19 the Committee's meet- ing was attended by several residents of the area who voiced strong opposi- tion to any intensive commercial development The report indicated that the property has deteriorated considerably in recent years The estimated cost of repairs which would include the cost of renovation, structural repairs and replacing or upgrading the heat- 111 ing, plumbing and electrical systems would be approximately $100,000 The Committee advertised for and received proposals on January 16 and the four proposals, restaurant and craft shop, office space, gift shop and tea room, coffee shop, restaurant, meeting and craft center and cooperative congregate housing for the elderly were reviewed, as well as low-income housing, by the Committee All of these proposals were withdrawn or re- jected as inappropriate for the area Proposals were requested again and on April 16 two proposals were re- ceived one for doctor's office and one for office space These two propo- sals were reviewed by the Committee and meetings were held with the de- velopers The Committee's concern centered around the degree of rehabilita- tion of the two buildings, the method used for rehabilitation and the pro- posed use and its compatability with the neighborhood and area. Both pro- posals called for the moving of the Garrity House to a new location away from Hancock Street and in front of but offset from the carriage house The Committee's recommendation to the Board was for the proposal for office space proposed by Interchange represented by Bulent Kastarlak The reasons for the recommendation were 1) buildings to be restored without total dismantling, 2) financial return to the Town, 3) flexibility on design features and 4) compatability with the neighborhood and the historic area During the discussion that followed, the questions of parking facilities and rezoning were brought out Mr Hanlon stated that the Committee were re- questing a CD zoning which does not have specific requirements for parking It was also brought out that two hearings would be required; one before the Historic Districts Commission and one before the Planning Board before the proposal could be put before Town Meeting for its vote 11{1 - 2 _ The Manager suggested that, as Town Meeting would be reconvening June 1, it might be wise for the Board to approve the development and perhaps a Special Town Meeting might have to be held later Upon motion duly made and seconded, it was voted to accept the recom- mendations of the Garrity House Conversion Committee and select "Interchange" as the developer for the Garrity House and Carriage House property The Chairman thanked the Committee for the excellent job it had done in compiling information for presentation to the Board The Committee retired from the meeting Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of February 23, 1981 Open and Executive Session; March 16, 1981, Open Session; March 18, 1981, Open Session (No Executive Session) and to table the Executive Session of March 16, 1981 Tax Title The Chairman read a request from Town Counsel to sign deeds conveying Land tax title land to the Nielsen Family and Wendy and Robert Reasonberg Upon motion duly made and seconded, it was voted to sign the deeds con- veying tax title land shown on Assessors' Property Map No 16 as Lot 4B, being on Hayden Avenue containing 1351 sq ft more or less Also shown as Lot 15 on plan entitled "Subdivision of Lot B", shown on Plan 2802 filed with Cer- tificate of Title No 3442 in South Registry District of Middlesex County to Nancy Nielsen, Norman Nielsen, Lillian Nielsen and Ivar A Nielsen and a parcel of land beginning at a point on the southerly sideline of Garfield Street, thence southeasterly by Lot 11 distant 115 9 ft to a point on a stone wall, thence southwesterly by said wall 25 ft + to a point, thence north- westerly by Lot 13 distant 115 6 ft to a point on the aforementioned side- line of Garfield Street, thence northeasterly by said sideline 25 ft + to the point of beginning All as shown as Lot numbered twelve (12) in Block numbered ninety (90) on a plan entitled "Plan of Land owned by Elizabeth V Webb at Lexington Heights known as First Addition" June 1892 surveyed by E A.W Hammatt C E recorded in Middlesex South District Registry of Deeds at the end of Book 2143 Intending hereby also to convey all the property acquired by the Town of Lexington pursuant to a Tax Taking dated September 12, 1934 recorded with Middlesex South District Registry of Deeds in Book 5833, Page 109, to Wendy and Robert Reasenberg Arlex Taxi Upon motion duly made and seconded, it was voted to approve renewal of ' Co the Taxi License for Registration 6882 for Arlex Taxi Corp Transfer Upon motion duly made and seconded, it was voted to approve the request Acct 1800 of the Town Manager for a transfer of $7500 00 from the Reserve Fund to Account 1800 -- Legal Expenses Adams The Manager informed the Board that comparability figures for a non- School profit institution on a short-term basis was almost impossible to obtain and recommended a 10% increase in rent to the Waldorf School for rental of Adams School He indicated that this was below the Consumer Price Index Upon motion duly made and seconded, it was voted to approve the request of the Manager for a 10% increase in rental charge to the Waldorf School for rental of Adams School I - 3 - Selectmen's Meeting May 11, 1981 The Manager requestedconvey- ge the Board to declare a moratorium on the Tax ance of tax title land for one year He stated that his office was receiv- Title ing substantial requests and the workload does not permit the time on what Land is not an emergency issue Morator- During the discussion by the Board it was brought out that a great ium deal of time. is spent by different departments on each request, which in some cases, amounted to title search and legal matters It was the opinion of the Board that anyone wishing to purchase tax title land should do the researchand pay the legal fees involved Upon motion duly made and seconded, it was voted to approve the request of the Manager to declare a moratorium on the conveyance of tax title land for one year The Manager will report back to the Board in six months with his methodology of future procedures relative to the expenses incurred in title research The Manager referred to the draft of the alternate charge for the Muzzey Muzzey School Conversion Committee Item 6 "if regulations apply for util- School ization of low and moderate income housing purposes, any revenue generated Conv. from the sale of Town land/property and/or facilities shall be considered Committee for low/moderate income purposes within the Town" was discussed at length Charge Mr Cohen stated that without some kind of special legislation this cannot be done as there is no general authority for a municipality like the Town of Lexington to go into housing. It'was agreed that Item 6 would be deleted from the charge Upon motion duly made and seconded, it was voted to accept the charge to the Muzzey School Conversion Committee as follows "The Committee shall prepare and review specifications for re- ceipt of proposals for the purpose of sale, transfer, lease or other appropriate use for the Muzzey School Such review shall include but not be limited to consideration of the following Town priorities 1) Tax stability 2) Neighborhood compatibility 3) Environmental compatibility 4) Low/moderate income housing if used to be resi- dential 5) Possible provision for a Senior Citizens Center within the facility Recommendations for use of such facility shall be submitted no later than November 15, 1981 Appropriate hearing dates shall be coordinated with the Board of Selectmen, Planning Board, and other appropriate agencies All appropriate hearings shall be completed prior to the start of the 1982 Town Meeting " The Manager referred the Board to the memo from the Chairman of the Harding Traffic Safety Committee regarding the Harding Road/Bedford Street and Hill Road Street parking problem brought up by the residents at the April 27 meeting Parking The report indicated that no traffic problem existed and no recommendation was submitted It was suggested, to ease concern among the neighbors, that parking �� - be prohibited on one side of the street for a limited number of hours in the morning The Manager suggested that a meeting be held with the neighbors, the Traffic Safety Committee and appropriate law enforcement agencies to point out the problems that will arise in trying to solve the problem It was agreed that the Manager will make arrangements to schedule this meeting for the Selectmen's Meeting of May 18 Sewer Upon motion duly made and seconded, it was voted to sign the Order of Dr Kas- Sewer Construction for 250 feet extension to serve Dr Ann Kastarizas un- tarizas der Contract 80-2-E Center The Board met with the Center Revitalization Committee to discuss the Revitalize- Central Business District Parking Study tion Mrs Battin requested the Board to consider the Manager's recommenda- Parking tion to accept the report of the Committee previsously presented The Manager stated that a question was raised as to why the "No Park- ing" posting of 6 00 a m. to 10 00 a m. was changed to 6 00 a m. to 11 00 a m. Mr Sacco explained that most of the problem in the residential area doesn't start until 9 30 - 10 00 The major problem is between 11 00 a m. to 2 00 p m. when there is peak traffic in the downtown area The intent was to discourage all day parking in the area Mr. Michaelson owner of Michaelson's Shoe store voiced his _abjection to the plan because he felt that parking restrictions on residential streets ad- joining the Center would force people to use the metered spaces, which would result in taking space away from short-term customers The plan calls for reducing the on-street unmetered parking from 314 to 233 spaces Mr Crain suggested that until a future use for Muzzey Junior High is determined, long-term parking might be available in the school lot which is within walking distance of the Center Mr Bowyer mentioned the possibility of using other town owned land such as the Res lot, as a "satellite" parking lot with shuttle bus service to the Center The Board agreed that the plan is not a perfect solution to the problem it will go a long way toward helping the shoppers find parking spaces to do their errands and discourage all day parking of commuters who car-pool and go to other destinations Upon motion duly made and seconded, it was voted to accept the Manager's recommendation to adopt the Action Plan for the Central Business District Parking Study Implementation and support Article 63 of the Warrant calling for $42,100 appropriation, subject to the availability of funds The project is to be reviewed in six months and a report submitted to the Board. The Chairman thanked the Committee for a "job well done" and they re- tired from the meeting The Board met with Mr Benjamin Goodman of the Vocell Bus Lines relative Jy` to his request for a fare increase discussed at the meeting of April 13 At 41;. this meeting service and safety factors were discussed in detail and the J matter was tabled pending a review During the discussion that followed, it was brought out by Mrs Miley and Mr Crain, who use the bus service to commute to Boston, that the ser- vice has deteriorated and that there are still a number of "standees" with no111 - 5 - Selectmen's Meeting May 11, 1981 straps orsafety other s ety m easures provided Mr Goodman stated that the proposed solutions would cost a consider:* able amount of money and that the type of bus used made no provision for the installation of straps He said that the Board was making it very difi- cult to comply with the requests, which would include an additional run to Bedford, without a rate increase to help alleviate the costs Mr Goodman stated that some of the missed runs was attributable to the days that the people had closed off City Square in Charlestown to protest the closing of the police station there. He stated that the installation of two way radios would be beneficial when there are problems so that the drivers could call in and get a replacement bus He hopes to have these installed in the future After further discussion, it was decided to table the request until Mr Goodman provides the specific information requested by the Board rela- tive to safety provisions for standees, condition of the busses and the cause and remedy for missed runs Upon motion duly made and seconded, it was voted to table the request of Mr Benjamin Goodman of Vocell Bus lines for a rate increase until the June 8 meeting The Chairman thanked Mr Goodman for his input and he retired from the meeting. The Manager explained the request of Mrs Barnard for an abatement of Sewer her sewer assessment on Waltham Street She was assessed for the service Barnard on Waltham and subsequest to her connection to that service the Town ex- tended the sewer on Allen Street It is easier to make the connection from Allen Street and she has requested an abatement for the Waltham Street assessment Upon motion duly made and seconded, it was voted to present the follow- ing proposal to Mrs Barnard 1) Pay the present betterment cost of $1,249 77 on Waltham Street and the sewer service connection cost at Waltham Street of $420 00 for a total of $1,669 77 or 2) Pay a new betterment cost on Allen Street of $1,353 18 and the sewer service connection cost at Allen Street of $357 00 for a total of $1,710 18 The Manager referred the Board to its copy of a letter from the Hous- HUD ing Authority relative to the negotiations with HUD to overcome legal im- pediments to the Town's acquiring the condominum units at Morrow Crossing and Potter Pond He suggested that the Chairman of the Board of Selectmen and the Chairman of the Housing Authority send a letter to get a definitive ans- wer and pursue it to the highest levels Upon motion duly made and seconded, it was voted to authorize the Manager to draft a letter in conjunction with the Housing Authority to re- quest a definitive answer to the problem 1 - 6 - Trustees of The Manager informed the Board that he had a request from Paul Mazerall Public for funds regarding proposed work for Tower Memorial Park He recommended I Trusts that a formal request be made to Mr Gaynor Rutherford, Chairman of the Trust- Tower Park ees of Public Trusts for the funding Upon motion duly made and seconded, it was voted to send a request to Mr Gaynor Rutherford, Chairman of the Trustees of Public Trusts for dis- bursement of $1200 from the William Augustus Tower Memorial Park Fund to be used for upgrading Tower Park. Upon motion duly made and seconded, it was voted 5-0 by roll call vote, Mr Busa, Mrs Miley, Mrs Battin, Mr Crain and Mr Politi, to go into Execu- tive Session, to discuss matters of collective bargaining and litigation with no intention 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 0 "ArExecutive Clerk I I i Lf(o SELECTMEN'S MEETING May 12, 1981 The Board of Selectmen met at the M I T Faculty Club on May 12 at 9 00 A.M. Those present were Alfred Busa, Chairman, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi Also present was Town Manager, Robert Hutchinson Mr Busa called the meeting to order to discuss concerns and ob- jectives of the Board for the ensuing year noting that these would be voted upon at a subsequent Selectmen's meeting The Board reviewed its goals of this year and outlined objectives in the following areas 1 Center Revitalization The Board will continue the Central Business District Committee Center Revit- working with Mrs Battin and the Town Manager for a phased implementa- alization tion of the parking program for the Center Additional proposals will be considered for future town meetings while the Board continues to en- courage utilization of LEXPRESS The Manager will pursue alternate park- ing facilities during this phasing in process, e g , Arts & Crafts Center, Hancock Church, Old Belfry Club, etc 2 Financial Planning Financial Planning a The Board accepts the Manager recommendation that each year an estimated five year tax rate will be submitted to the Board based upon estimated expenses and revenue b The Board will continue to investigate the appointment of a committee to review efforts to increase the tax base and/or other sources of revenue in light of restrictions of Proposi- tion 21 and the like c Service charges for tax exempt property will be investigated by the Manager as well as development of a service modifier for what it costs to serve new industry The Manager will check with the Municipal Association in this area, particu- larly in regard to recommendations concerning tax exempt • institutions 3 Board of Selectmen Committees/Accordant Policies Bd/Selectmen Committees/ a Establish review of charges and make-up of committees to see Accordant if charges are still relevant Policies b Board felt that it should convene a meeting of its committees in the fall just to share with each other general information and meet with them in circumstances other than a formal appear- ance before the Board It is a way to acknowledge the work of many of our citizens groups I -2- c The Board also said that it should establish a meeting with the Planning Board to review mutual areas of concern such as street policy and installation of fire hydrants d Mrs Battin pointed out that a committee would be necessary to review the by-laws of the Town as many of them are out of date Mr Politi agreed to chair this committee e Mr Crain emphasized that it wasimportant that the positive relations with the School Committee be maintained and that the issue of building maintenance is an appropriate item to be taken up this year particularly as we look as cost consolidation f Mr Politi suggested that the Board as it looks at its commit- tees consider the appropriate role of Town employees assigned to sit on committees as in some areas their roles should be one of strictly technical assistance in order to lend objectivity to the process He raised this issue with particular reference to Adams School The Board said this should be considered and would be done so in their review process g It was agreed by the Board that the school conversion process should be moved along so that reports are filed on Muzzey and Adams in a timely fashion for Town Meeting Mr Busa will chair the Muzzey Committee and Mr Crain will chair the Adams Commit- tee Selectman Politi asked if the Comptroller appears on any regular basis before the Board of Selectmen to insure that the appropriate safefuards exist for the Board and the Town. It was acknowledged that Mr Perry, the Comptrol- ler, does appear before the Board, but that this could be even more formalized to meet any concerns in this area On a day to day basis the Comptroller ans- wers to the Manager consistent with the jub description for the position Mr Crain suggested that we continue to focus on increased efficiency of all employees with continued monitoring of employee absence Town Manager Hutchinson pointed out this would continue and that the Town has a record second to none in this area The Board agreed that the commitment to employ- ee development should continue with this combined emphasis on employee produc- tivity In conclusion, Board objectives for the following year were summarized as follows SELECTMEN'S GOALS AND OBJECTIVES - Fiscal Year 1982 GOALS OBJECTIVES DEADLINE A. Center Revitalization 1 Implementation of Central Business 6/30/82 District Plan by June 30, 1982 B Financial Planning 1 Town Manager should submit by 12/1/81 September 1, 1981 a five year projected tax rate t /q8 -3- Selectmen's Meeting May 12, 1981 III GOALS OBJECTIVES DEADLINE 2 Board to investigate appointment of committee to review efforts to increase tax base and/or other sources of revenue 3 er to st8te service c es or ta* ex mpt property and service modifier 7/1/82 C Selectmen Committees 1 Review charges and make-up of Committees 3/82 2 Convene meeting of all Selectmen Committees Fal1/1981 3 Meet with Planning Board to re- view mutual areas of concern Fall/1981 4 Establish committee to review and update Town By-Laws 7/20/81 5 Town Manager to work with School Department concerning feasibility of centralized building mainten- ance 7/82 6 Appoint committees and establish charges for the conversion of Adams School and Muzzey School Reports 5/11/81 on Adams School and Muzzey School conversions for start of Town Meet- ing, 1982 3/82 Respectfully submitted, ,,L)4410"C‘k 401111 .--C)1..1 Robert M. Hutchinson, Jr Town Manager 1 1 VOID 1 SELECTMEN'S MEETING v � May 18, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 18, 1981 at 7 30 P M. Chairman Busa, Mrs. Miley, Mrs Battin and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk were present The Chairman opened the hearing on the petition of Joe B Fong, of Bora- Bora-Bora, Inc for permission for the transfer of 580 shares of stock under Bora, Inc the All Alcoholic Beverages License from Sally D Hsu, 12 Stevens Road, Lex- ington to Joe B Fong, 36 Aberdeen Street, Newton Highlands Mr -William Chin, attorney for Mr. Fong and explained that Ms Hsu has given up her share of stock and Mr Fong will now be the sole owner There will be no other changes Upon motion duly made and seconded, it was voted to approve the re- quest of Joe B Fong of Bora-Bora, Inc for permission for the transfer of 580 shares of stock under the All Alcoholic Beverages License from Sally D Hsu, 12 Stevens Road, Lexington to Joe B. Fong, 36 Aberdeen Street, Newton Highlands, Mass Mr Politi abstained from voting Upon motion duly made and seconded, it was voted to remove from the Amnesty table the request of Amnesty International to declare May 28 as "Prisoner Inter- of Conscience Day" which was tabled at the April 6 meeting national After a brief discussion in which Mrs Miley stated that she felt that the word "declare" should be changed to "observe" the Board voted to grant the request Upon motion duly made and seconded, it was voted to approve the re- quest of Amnesty International to observe May 28 as "Prisoner of Conscience Day" in the Town of Lexington Upon motion duly made and seconded, it was voted, Mr Politi abstain- One Day ing, voted to issue the following One Day Liquor Licenses Liquor Lic RAEDACC Association/W R Grace Co May 21 and May 28, 1981 Landmark School May 22, 1981 Upon motion duly made and seconded, it was voted to approve the minu- Minutes tes of the Selectmen's Meetings of March 23 and March 25, 1981 The Chairman read a request from Alexander, Inc Chauffeur Service of Common 57 Russell Street, Woburn for a Common Carrier License Carrier Upon motion duly made and seconded, it was voted to issue a Common License Carrier License to Alexander, Inc , Chauffeur Service, 57 Russell Street, Woburn, Mass to expire December 31, 1981 Upon motion duly made and seconded, it was voted to grant permission Battle to the "Quadrivium" of the First Parish in Lexington for the use of the Green Battle Green for the purpose of a dance performance on May 20, 1981, sub- ject to coordination of the plans with the Director of Public Works D - 2 - Revenue The Manager reported to the Board that input from the General Revenue Sharing Sharing Hearing of May 11 indicated that requests for funding came from the Senior Citizen's Club for $300 00; AARP for $300 00 Senior Citizens Club; aid for Minute Man Home Care; Council on Aging supported funding for Minute-Man Home Care; other Human Services requests but no stated amount The Manager's proposed use of funds as follows Council on Aging Expenses and Personal Services $ 39,300 Community Services 30,488 Police Motor Vehicles 30,000 Police-Personal Services 140,212 Street Lights 360,000 The Manager reported that he felt that the human services areas are more vulnerable than other areas and recommended that $2500 00 be put back in the Council of Aging budget for Minute-Man Home Care based on the receipt of additional data from them. Dr Donald A. Lund, Executive Director of the Mystic Valley Mental Health Center Association, Inc addressed the Board and requested reconsideration of the Board's decision not to provide funding this year. He stated that loss of funding would ultimately mean decrease in and/or loss of services to the Town including Safehouse He stated that the Association was going to cut back in services to schools but he was not prepared to say that it would go to "Zero " He also stated that there is a small staff pertaining to the aged and they in- tended to maintain that staff During further discussion, it was brought out that the Town of Burlington has determined that it will not give support; Town of Winchester in cutting from $20,000 to $5,000 for emergency services; Town of Arlington is cutting 50% or funding $12,500 Dr Lund stated that all of the above is subject to Town Meeting action Mr Politi asked when the last State Quality Assurance report had been received and Dr Lund replied that they had been working with Mystic Valley from December through February He is to present these reports to the Board Dr Lund stated that, in order to justify financial support from the Board, he proposed that specific amounts be designated toward the Council on Aging who would work with the Association and for Safe House rather than ask for a general donation to Mystic Valley He stated that reports would be provided to the Board as to how the money was used The Manager, inreply to a statement by Mrs. Feakesof the Youth Com- mission that a request for funding has been refused by him, reminded the Board that, although there.±s money funded under miscellaneous committees, a danger of separate agencies is the creation of separate budgets He stated that the money requested was not available this year The Chairman thanked Dr Lund and other representatives of Town Agencies present, for attending the meeting and stated that the Board would take their input under consideration when making final decision relative to funding Capital Mr Myles N Barnert, Chairman of the Capital Expenditures Committee Expendi- presented its report of the five-year capital budget tures The report indicated that the passage of Proposition 2 1/2 has made it Comm. impossible to determine how much money can be raised by taxation, and of that total, how much should be made available for capital projects The large fluctuation in cost of borrowing and uncertainty of bond ratings made - 3 - Selectmen's Meeting May 18, 1981 it difficult to recommend large-scalethistime Therefore, where- e bonding at where- ever reasonable, the Committee recommended expenditure of no funds for this year The Committee's recommendations were for the completion of the sewer program, completion of the Marrett Road water main loop, no expenditure in the areas of drains, streets, Chapter 90 and sidewalks and the normal pro- ' jection for future years; recommendation of $140,000 for DPW equipment; completion of this year of the 6-year Comprehensive Drainage Study; no fund- ing for brook cleaning; postponement of the purchase of a new aerial ladder truck for the Fire Department; nb funding for Westview Cemetery and a recom- mendation of $25,000 in future years for the development of the cemetery In keeping with the Master Plan, these funds are expected to come from the Sale of Lots Fund; no expenditure for conservation purchases The Commitee recommended expenditure of $10,000 for a deep water well for the Old Res and $24,000 for resurfacing repair of Center Playground tennis courts; ex- penditure of $50,000 for closing of Muzzey Junior High School. No funding for a Senior Center until the Town decides on the future use of Muzzey School and $150,000 in FY86 for a computerized circulation system for the library The Manager informed the Board that he was informed this morning by the State that the Town has a serious water quality problem in the Concord Avenue area that must be dealt with He plans to present a recommendation 1114 to the Capital Expenditures Committee regarding this Mr David Wells, Chairman of the Recreation Department, updated the Recreation Board regarding the opening dates of the Pool and Res He stated that Committee they would open on June 13 with hours at the Res of 10 30 A.M. until 3 00 P.M. seven days and the Pool 9 00 A.M. until 10 00 A.M. weekdays and 10 00 A.M. until 10 00 P.M. on weekends with some closed times for lessons and specific functions He stated that he was concerned about how enforcement of hours at the Res could be accomplished He stated that the Committee felt that no matter what hours are fixed, someone will be excluded He stated that there is a fence but entrance can be gained on either side of it He stated that security is very difficult Mr. John Hayward expressed his dissatisfaction of the hours proposed for the Res and asked reconsideration of the Committee The Chairman expressed his hope that no difficulty would be presented by the early closing of the Res Mr Wells, in reply to Mrs Battin's question, stated that $7500 00 was needed to keep the Res open until 7 00 P M. Monday through Friday or approximately $2,000 per hour for the season The Chairman thanked Mr. Barnert, Mr Wells and others in attendance for their input and they retired from the meeting Upon motion duly made and seconded, it was voted to approve the Con- Constable stable Bond for Roy J Murphy in the amount of $5,000 Bond The Manager informed the Board that the Town had received a grant for evaluation of energy savings in the public schools and public build- ings and requested that that he be authorized to execute this Energy - 4 - Conservation Grant together with Mr James R. Maclnnes, Administrative Assist- ant Upon motion duly made and seconded, it was voted to authorize the Town Manager and Mr James R Maclnnes, Administrative Assistant for Business, to execute the Energy Conservation Grant, subject to the approval of the School Committee or School Administration Sewer Mr Walter Tonaszuck, Director, Public Works/Engineering addressed the LEA Board and informed them that Linenthal, Eisenberg, Anderson, Inc were re- questing $49,949 increase for additional footage of sewer pipes and $25,000 to complete the inflow work in mini-system 10 He explained the reason for the request was due to a .discrepancy in the lengths of sewer pipe between the original I/I report prepared by Whitman & Howard and the field measurements made by LEA for the Sewer System Evaluation Survey During the discussion that followed, a representative from LEA explained to the Board how this discrepancy was discovered The Manager is to get a full and explicit report for the Board regard- ing the problem for the next meeting Parking The Board met with the residents of the Harding Road Area, Capt Lima Harding of the Police Department, Mr Chalpin of the Traffic Safety Committee and Road Mr Rosenberg of the Transportation Advisory Committee relative to the park- ing problem in the area Mr Chalpin reported that his Committee had discussed the matter and came to the conclusion that there was no traffic safety problem and, therefore, could not make a recommendation Understanding the concerns of the neighbor- hood, the Committee did suggest that parking be prohibited on one side of the street with a time limit posted During discussion of this suggestion, it was brought out that eliminat- ing parking on one side of the street would move the parking up further onto other streets and present a problem as to which side of the street should be posted The Chairman reported to the Board that it had been brought to his attention that there has been incidents of vandalism to cars that have been parked there He expressed concern that this had been done, especially as the Board and the Town are trying to alleviate the problem. Capt Lima reported incidents of vandalism reported on April 1 -- 13 cars, Tuesday or Wednesday of last week - 3 cars vandalized with paint He reported that last week there were only 4 cars parked not belonging to resi- dents and that perhaps the vandalism has frightened them away The neighbors expressed their concern, again, for the number of cars parked along Harding Road and also expressed the view that it is a safety hazard during the snow removal by the Town and the safety of school children Suggestions were made as to moving the bus stop to Worthen Road area and the Chairman explained that the Center Parking Committee have all the in- formation regarding areasavailable for parking and would take it under con- sideration After further discussion, the Chairman requested the cooperation and tolerance of the neighborhood in the solution of the problem and requested police enforcement of parking regulations Intersections and driveways are to be kept open and tickets issued to violators The Manager is to pursue the problem further and will integrate it with the question of whether or not Vocell Bus Lines will, in fact, add another, bus for the Bedford area, which would help alleviate the parking problem - 5 - / S3 Selectmen's Meeting May 18, 1981 The h Manager reported to the Board that a settlement had been reached Police in connection with the Police negotiations consistent with the Town's Contract last offer The overall package is a 7% increase plus a change in extra duty pay Estimated cost of the settlement is approximately $70,000 Upon motion duly made and seconded, it was voted to table the review Deferral of the list of deferral assessment requests Requests Town Counsel requested the approval of the Board regarding the con- Conservation servation easement on the Ridge Estates Easement Upon motion duly made and seconded, it was voted to approve the con- Ridge servation easement on the Ridge Estates Estates There was no Executive Session Upon motion duly made and seconded it w s voted to adjourn at 10 30 P.M. 0 t ` A true record, Attest • Eaea /'27 L4407-- xecutive Clerk I 1 vollY l SELECTMEN'S MEETING I III May 20, 1981 A regular meetingof g the Board of Selectmen was held in the Selectmen's MeetingRoom, Town Office ow Building, on Wednesday, May20, 1981 at 8.00 P.M Chairman Busa, Mrs Miley, Mr Politi; Mr Hutchinson, Town Manager; Represen- tatives of Public Works Department and Youth Commission were present Chairman Busa called the meeting to order at 8 00 P.M. He asked Mr Hutch- Budget inson to give a review of proposed changes in the operating budget Mr Hutchin- son reviewed the fact that interest rates have been so high that the Town has earned substantially more money than it anticipated for this year and there- fore recommended increasing revenue estimates under local receipts upwards by $464,328 because of interest earned and some modest fee income He further recommended that available funds be increased by $118,338 as more money under General Revenue Sharing is available than originally anticipated A detailed breakout was provided by the Manager as follows FISCAL YEAR 1982 BUDGET PROPOSAL Early Projections Update Variance Personal Services $ 5,975,290 $ 5,975,290 -- Expenses 6,880,437 6,918,937 + 38,500 (1) III Articles and Capital Impr 827,000 1,016,800 +189,800 (2) Total Town 13,682,727 13,911,027 +228,300 Public School 17,177,233 17,177,233 --- Regional Vocational 364,022 364,022 --- 17,541,255 17,541,255 --- Total Appropriations 31,223,982 31,452,282 Add: State/County Asses , Offsets, Overlay and Judgments 4,185,172 4,185,172 (3) Gross Amount Raised by Taxes 35,409,154 35,637,454 Less Est Rec -Cherry Sheet 4,064,089 4,064,089 (4) Est Rec -Local 2,900,000 3,364,328 +464,328 (5) Available Funds 2,250,000 2,368,338 +118,338 (6) Excess Over 2' 354,366 Net Amount-Raised by Taxes 25,840,699 25,840,699 (1) Expenses have been changes as follows Acct No Account Name From Change to Variance 2380 Council on Aging $ 24,200 $ 26,700 $+ 2,500 2940 Metered Mail 20,300 26,300 + 6,000 3310 MysticValley Ment Health 0 15,000 +15,000 5500 Snow Removal 101,825 121,825 +20,000 III 5900 Water Maint 72,370 67,370 - 5,000 Net Change $ 38,500 126 -2- (2) Articles have been changed as follows Acct No Account Name From Change to VarianceIII 47 Water Mains $200,000 $275,000 $+75,000 48 Drainage Study 0 50,000 +50,000 58 P.W Equipment 140,000 146,000 + 6,000 63 Parking Improvements 0 42,100 +42,100 64 Deep Well Water Supply 0 10,000 +10,000 65 Tennis Court Repairs 0 41,700 +41,700 77 Unemployment Comp 75,000 40,000 -35,000 Net Change $189,800 (3) State/County Asses , etc State & County Assessments $2,739,093 Court Judgments 25,000 Overlay and Overlay Deficits 725,000 Offsets 696,079 Total $4,185,172 (4) Est Rec - Cherry Sheet As per preliminary State estimates (5) Est Rec - Local - Have been changed as follows Change Category Collected-4/30/81 FromTo Variance Water Receipts $ p50,469 $ 940,000 940,000 --- Motor Vehicle Excise 1,103,388 800,000 800,000 --- All others/Int ,Permits 1,625,364 1,160,000 1,624,328 +464,328 Net change 2,900,000 3,364,328 (6) Available Funds - Have been changed as follows Change Category Available 4/30/81 From To Variance Parking Meter Funds $ 59,000 $ 51,000 59 ,000 + 8,000 Sale of Cemetery Lots 19 ,000 --- --- --- Cemetery Perp Care 30,000 20,000 30,000 10,000 Dog License Fees 5,176 --- --- -- School Funds 305,162 304,824 305,162 + 338 Gen. Rev Sharing 600,000 Est 500,000 600,000 +100,000 Free Cash 1,200,000 --- --- --- Overlay Reserve 150,000 -- --- --- $2,368,338 $118,338 The Manager recommended that the Board consider funding an additional $228,300 in requests that had been under consideration by the Board but had been deferred until better financial information was available In addition, he pointed out that we had a recent water main problem in the Concord Avenue area that should be funded in this budget Mrs Miley moved and Mr Politi _seconded the favorable funding of the following accounts -3- e 5 6, Selectmen's Meeting May 20, 1981 From To Variance 2380 Council on Aging $ 24,200 $ 26,700 $+ 2,500 2940 Metered Mail 20,300 26,300 + 6,000 5500 Snow Removal 101,825 121,825 + 20,000 5900 Water Maintenance 72,370 67,370 - 5,000 After considerable discussion regarding Mystic Valley, it was determined that not enough information is available and a motion was made to table this matter Selectman Politi asked the Manager to contact the Hnman Service Com- mittee about Mystic Valley and also obtain additional information on CMARC Mrs Miley moved and Mr Politi seconded the favorable funding of the following Articles The Town Manager introduced Mr Tonaszuck of the Public Works Department and he outlined the DPW requests 47 Water Mains $200,000 $275,000 $+ 75,000 58 DPW Equipment 140,000 146,000 6,000 Mr Politi moved and Mrs Miley seconded the favorable funding of the following Articles 48 Drainage Study 0 50,000 $+ 50,000 63 Parking Improvements 0 42,100 + 42,100 64 Deep Well Water Supply 0 10,000 + 10,000 65 Tennis Court Repairs 0 41,700 + 41,700 77 Unemployment Compensation 75,000 40,000 35,000 The Board then discussed the Youth Commission budget Chairman Busa rec- ognized Mrs Feakes of the Youth Commission and she reviewed some of the pro- f rams that they had requested in an updated budget as follows Program Funding Requested 1 Kids-to-Kids a Big Brother/Big Sister-type program that will provide a supportive relationship to junior high age youths who do not fall within other human service programs Program will be operated in one large junior high on a dem- onstration model basis, using high school seniors in the supportive role Appropriate training and supervision are planned $ 200 00 2 Youth Town Meeting begun by LYC and included in thehigh school social studies curriculum until this past year This year there was no Youth Town Meeting and the school has no plans for next year 250 00 3 Youth Employment Service. another LYC initiated that was transferred to the Division of Employment Security for con- tinuation The DES has failed in implementing this program There is a tremendous need for a summer employment service, operated by young people for young people 400 00 -4- 4 Youth Town Awards this is the only LYC activity that received assistance from the town $ 175,00 5 Operating Expenses for LYC - FY 82 175.00 TOTAL ALLOCATION REQUESTED $1,200 .00 The Town Manager advised the Board that he felt some of this could be funded through existing appropriations in the budget and that he would prepare an outline of those things that could be funded The Board suggested that they and the Youth Commission meet with the School Committee to discuss the rejuv- enation of the Student Town Meeting At this time, Chairman Busa called for a conclusion of discussions re- garding budgets as all matters had been dealt with and the Appropriation Committee was coming to meet with the Board Mrs Battin joined the meeting at 9 15 Appropria- Chairman Busa recognized Mr Wadsworth of the Appropriations Committee tion Comm and reviewed for the Committee the additional actions of the Board Mr Wads- worth explained that it was the concensus of the Appropriation Committee that additional revenues should not be used to fund additional items that had been recommended by the Manager and the Board but they should be used to reduce the tax rate Chairman Busa pointed out that the Board had 'made a number of cuts and deferred a number of items that are necessary for the Town such as the drainage study, the water mains, repair of existing paving on the tennis courts subject to the availability of funding Mrs Battin and Mr Busa pointed out that the parking improvements would pay for themselves within a year or less and had even been recommended by the Chamber of Commerce Mr Dailey of the Appropriation Committee stated that he felt people were voting for cuts, not for additional monies to be put back in Mr Busa pointed out that these were service items that had even been planned for and recommended in past Appropriation Committee budgets and that the cost of these items would only be more next year and would further compromise the Town's fis- cal position if not acted upon now Mr Hall of the Appropriation Committee recommended that LEXPRESS be funded in the amount of $90,000 and that fares be doubled to make up the loss in reve- nue. Mrs Miley pointed out that this was a cut from existing appropriations and could compromise the service Mr Cataldo said that the Board must evolve a policy of how much LEXPRESS is going to be funded so that it can survive Chairman Busa adjourned this portion of the meeting pointing out that the Selectmen would review the Appropriation Committee's comments and suggested that they do the same for the Selectmen's comments The Chairman asked for an Executive Session to discuss financial matters which involved collective bargaining and could financially compromise the position of the Town 1% .S$ -5- Selectmen's 5-Selectmen's Meeting May 20, 1981 Motion was made by Mrs Miley and seconded by Mr Politi and it was Executive voted by roll call vote, Mr Buss, Mrs. Miley, Mrs Battin and Mr Politi Session to go into Executive Session with no intention of resuming the Open Session After discussion, it was voted to go out of Executive Session and ad- journ Respectfully submitted Robert MHutchinson, Jr Town Manager aIov I 1 y 5 9 SELECTMEN'S MEETING June 1, 1981 • A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 1, 1981 at 7 00 P M. Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch- inson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager and Miss Casey, Executive Clerk were present The Chairman convened the meeting at 7 00 P M. and opened the hearing Liquor on the application of Nicole E Weinkopf d/b/as Guenther's Restaurant for License a Common Victualler License and an All Alcoholic Common Victualler's Li- Hearing cense He stated that in accordance with the requirements of the General Guenther's Laws, Chapter 138, as amended pertaining to the issuance of licenses, the Restaurant hearing had been advertised in the Lexington Minute-man on May 14, 1981 Mr Stephen T Russian, Attorney for the applicant, addressed the Board and presented floor plans and answered questions from the Board The Chairman asked whether or not there was anyone in the audience who wished to speak in favor or opposition to the application. No one speaking in favor or in opposition to the application, the Chairman declared the hearing closed Upon motion duly made and seconded, Mr Politi abstaining, it was voted to grant an All Alcoholic Beverages and Common Victualler's License to Nicole E Weinkopf d/b/as Guenther's Restaurant Upon motion duly made and seconded, Mr Politi abstaining, it was One Day voted to grant a One Day Liquor License to the Committee for Brown Recep- Liquor tion for June 5, 1981 until Midnight License Upon motion duly made and seconded, Mr Politi abstaining, it was One Day voted to grant a One Day Liquor License to St Brigid's Parish for Liquor June 21, 1981 until Midnight License The Chairman read a letter from Mr William Page, Chairman of the Forum on Lexington Forum on Aging, for endorsement of letter of recognititon to Aging Mr Jacob B Gardner for his work as a member of the Forum, especially as Lexington's representative at the Massachusetts Conference preparing for the November White House Conference on Aging Upon motion duly made and seconded, it was voted to endorse the letter of recognition to Mr Jacob B Gardner requested by Mr Page The Chairman read a letter from Mr Temple E Scanlon, Executive Di- Lex rector of the Lexington Housing Authority requesting the Board's signa- Housing tures on documents from the U S Department of Housing & Urban Development Authority Section 8 Housing Assistance Payments Program for the Housing Authority's 58 units under Section 8 Existing Housing Upon motion duly made and seconded, it was voted to sign the docu- ments from the Lexington Housing Authority from the U S Department of Housing & Urban Development Section 8 Housing Assistance Payments Program, Master Section 8 Annual Contributions Contract No B1218 (12J - 2 - CRC Mrs Battin reported to the Board that the Center Revitalization Committee Parking had, again, considered the problem of employee parking and all day parking for Plan the business district In order to help alleviate the problem, the Committee, through its Chairman, is requesting a guarantee for at least one year from the Selectmen, of 150 parking spaces in the Muzzey School and School Administra- tion Building Areas Upon motion duly and seconded, it was voted to guarantee the Center Re- vitalization Committee for one year, commencing with the implementation of the Parking Plan, 125 spaces in the Muzzey School Area and 25 spaces adjacent to the School Administration Building_ and to authorize the Manager to begin negotiations for the use of three private lots Hanscom Area Upon motion duly made and seconded, it was voted to appoint Margery M. Traff Com Battin and Jacquelyn Smith as Lexington's representatives to the Hanscom Appts Area Traffic Committee Trans Adv Upon motion duly made and seconded, it was voted to accept the resigna- Resig tion of Margaret Olson from the Transportation Advisory Committee Treasurer The Chairman requested a vote of the Board to ratify the signatures of Mr Busa, Mrs Battin and Mr Politi on Note #3920 issued May 29, 1981 with the N E Merchants National Bank authorizing the Treasurer to borrow $100,000 at 8 1/4% for completion of sewer project under Article 19 of the 1978 Town Meeting to be repaid by proceeds of bond issue on June 16 Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of March 30 and May 20 Battle Green The Chairman read a request from the Lexington Lodge of Elks for per- Flag Day mission to use the Battle Green for Flag Day Ceremonies on June 10 at 7 00 P.M. Elks Upon motion duly made and seconded, it was voted to approve the request of the Lexington Lodge of Elks for the use of the Battle Green for Flag Day Ceremonies on June 10 at 7 00 P.M. Permission granted subject to coordina- tion of finalization of plans with Mr Mazerall The Chairman read a request from the Director of Public Works/Engineering for approval of water abatements Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works/Engineering for the following water bill abatements �ht4' R. McSweeney, 27 Constitution Rd $76 95 -- Incorrect reading by customer ( 1 J Tobias, 38 Maple Street, $33 75 -- Estimate adjusted J Romano, 15 Appletree Lane, $11 25 -- Estimate adjusted V Ryder, 30 Bowker Street, $22 50 -- Estimate adjusted Liberty Baptist Church, 319 Lowell Street, $28 80 -- Incorrect reading by customer - 3 - 6 / Selectmen's Meeting June 1, 1981 The Board discussed strategy st ategy with respect to presentation of articles Articles for the June 1 session of Town Meeting Town During discussion, it was brought out that additional funding for the Meeting extension of hours at the "Res" would be made from the floor This would be an increase in the Recreation budget of $7500 and the Selectmen agreed to support the Recreation Department budget and not vote this additional increase Mr Crain suggested that the $50,000 item for the Drainage Study be deleted because the construction may not be implemented immediately and the study would have to be updated again Upon motion duly made and seconded, it was voted, Mr Buse dissenting, Drainage that the $50,000 for the Drainage Study be deleted from the articles to be Study presented to Town Meeting Funding for the Mystic Valley Mental Health Association was discussed based upon its latest report which included a suggestion that the Town fund a particular program like a bed at Safe House The Manager recommended that no specific program be endorsed by the Board but a designated amount of money be allocated toward a certain program. Mr Politi reported to the Board that he had met with representatives of Mystic Valley and had concerns relative to the high cost of the program and the relatively few Lexington residents that were served He also said that he felt that a decision had to be made on information thatwas pro- vided at the last minute and rather than risk losing the program entirely, he would support funding of $10,000 for this year and make the stipulation that more complete information be provided earlier in the year before the next Town Meeting The Board agreed with Mr Politi that complete data must be provided by Mystic Valley relative to the use of the appropriation and be presented to the Board well in advance of next year's budget discussions for Town Meet- ing Upon motion duly made and seconded, it was voted to approve the appro- Mystic priation of $10,000 to Mystic Valley Mental Health Association, Inc to be Valley allocated for use at Safe House, subject to the condition that complete data be presented to the Board relative to its use well in advance of budget dis- cussions for Town Meeting for next year There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 7 55 P.M A true record, Attest / C :227 04444r. Executive Clerk 1 ti ' SELECTMEN'S MEETING l i June 3, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday, June 3, 1981 at 7 00 P.M. Chairman Buse, Mrs Battin, Mrs Miley and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk were present The Town Manager requested approval of the Board for several transfers Transfers from the Reserve Fund Upon motion duly made and seconded, it was voted to approve the follow- ing transfers from the Reserve Fund Account 1125 -- Fire and Police Medical $ 12,000 00 2525 -- Treasurer/Collector Expenses 3,000 00 " 2935 -- Office Services - Copier 1,200 00 " 3800 -- Police Department Expenses 2,500 00 " 4120 -- Fire Dept Collective Bargaining 6,000 00 5550 -- Traffic Reg /Street Signs 800 00 " 8525 -- Bond Anticipation Interest 312,141 75 Mrs Battin informed the Board that she had talked with several people Drainage on Town Meeting floor and they had pointed out that the results of the Drain- Study age Study could be used right away by the Conservation Commission The Manager stated that the Drainage Study is a planning document as well as an implementing document and the Board could put the $50,000 back in if they wished The matter will be discussed again when there is a full Board present Mr Hanlon reported to the Board that he had reviewed the letters from I/I Study LEA dated May and PSG dated April 21 relative to the discrepancy in the lengths of sewer pipe between the original I/I report prepared by Whitman & Howard and the field measurements made by PSG He reported that the discrep- ancy was not in any one particular location, but was an overall discrepancy He had spoken to Whitman & Howard and they had no explanation for the discrep- ancy It was his opinion that it would be very difficult to determine just how the discrepancy came about The Manager stated that it would be very difficult to resort to some means of recovery from Whitman & Howard, but it could be discussed in Execu- tive Session if the Board so desired The Chairman read a request from Chadwick's Ice Cream Parlor for an Entertain- Entertainment License for its annual anniversary celebration ment Lic Upon motion duly made and seconded, it was voted to issue an Entertain- Chadwick's ment License to Chadwick's Ice Cream Parlor for June 16, 17 and 18 from 7 00 P.M. to 11 00 P.M for a Dixie Land Band for its annual anniversary 1 celebration. e�2� - 2 - Flea The Chairman read a request from the Follen Church Community for per- Market mission to hold a Flea Market on June 27 in the Christmas Tree lot or inside Follen the Community Center of the church ' Church After a brief discussion, it was decided to table the request until fur- ther information is obtained regarding the running of flea markets Upon motion duly made and seconded, it was voted to table the request of the Follen Church Community to hold a Flea Market on June 27 in the Christ- mas Tree Lot or inside the Community Center of the church Bedford St / The Chairman informed the Board that he, Mr Hutchinson, Mr Tonaszuck Hartwell and Mr Hanlon had met this afternoon with Commissioner Amidon, Chief Engin- Avenue eer Radlo, District Highway Engineer Mistretta and representatives from Bos- ton Properties, ITEK and Spaulding & Slye relative to the Hartwell Avenue/ Bedford Street traffic problem. The meeting centered around Commissioner Amidon's reply of May 21 to the North Lexington Area Traffic Study submitted on March 9 and the unaccept- ability of the Town's proposal to construct a frontage road on the north side of Bedford Street and ambiguity of approval of other proposals Approval was granted for the Town's proposal to widen the Hartwell Avenue jughandle at the intersection with Bedford Street, including the in- stallation of a new traffic control signal system; approval for the installa- tion of a traffic control signal system at the intersection of Maguire Road/ Hartwell Avenue; approved for further study only was the proposal to widen Bedford Street from Route 128 to Winter Street--recommended that this additional study be conducted in cooperation with the District Project Section and the proposal to improve Marrett Road from Route 128 to 500 feet beyond the Massa- chusetts Avenue extension recommended for further study with personnel from the District Office The Town's concerns were that the approval of the judghandle improvements appeared to be limited to the jughandle proper and did not address the impact of the improvements on the approaches to the intersection from Bedford Street and Hartwell Avenue as those intersection improvements would require widening and channelization of all approaches and an extended transitional widening along Hartwell Avenue; approval of the traffic control signal at the inter- section of Maguire Road/Hartwell Avenue also required extensive approach widening and channelization; further definition of the term "further study" relative to the recommended improvements to Bedford Street from Route 128 to Winter Street and to Hartwell Avenue from Bedford Street to Maguire Road and could the intersection improvements on Bedford Street/Hartwell Avenue and Maguire Road/Hartwell Avenue be fast-tracked with improvements to Bedford Street/Hartwell Avenue As a result of the meeting all the issues, except the frontage road, which the Town's representatives felt was the most critical, were resolved. It was pointed out that it was not consistent with the Town's position to in- tegrate anything unless there is a commitment to the Town and the residents in this area There is a design problem in the traffic light as traffic will be pushed back into Route 128 The State was asked to address this problem. Mr Hanlon explained that the State and the Town were not very far apart on the issue The major issue was the frontage road itself and how the inter- section of Eldred Street and Bedford Street could be worked out as there were conflicts in this area The Town can proceed with the Hartwell jughandle improvements and the Maguire Road improvements that will be compatible with future improvements of both Hartwell Avenue and Bedford Street - 3 - 7 G � Selectmen's Meeting June 3, 1981 Mrs Miley voiced her opposition to the improvements on Hartwell Avenue and the Jughandle and Maguire Road being done before the improvements to Bed- ford Street She stated that she felt that the improvements would all have to be done at the same time starting at #128 and working back. She stated that the problems in the area were not the jughandle or the corner of Maguire Road through the years Mr Busa stated that he felt that the meeting was very fruitful and en- couraging and that the State seemed willing to get on with the project as soon as possible He felt that there was need of new syncronization of the traffic lights as they are obsolete and dangerous If the project was pro- longed to get approval of the entire package it mean the loss of the entire package The State is to send a reply clarifying its position which should be received tomorrow and he stated that the ultimate decision rests with Town Meeting on Monday Both Mr Busa and the Manager gave their reassurance that the Bedford Street question was a prime concern and that the Town was doing the design work and the job would not go unless the Board approved it and if it does not address the Eldred Street question, it would not be approved There was no Executive Session 111 Upon motion duly made and seconded, it was voted to adjourn at 8 00 P.M A true record, Attest Executive Clerk f, O Jul y 6 5 SELECTMEN'S MEETING II June 8, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, June 8, 1981 at 7 30 P M. Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutchin- son, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk were present Mr Zehner, Town Treasurer, met with the Board to go over the planning Town for 1981 bond issues He requested approval of the Board for the use of a Treasurer facimile signature of Mr Politi Upon motion duly made and seconded, it was voted to approve the use of facimile signature of Mr Politi when needed Mr Zehner informed the Board that due to the escalation in interest Transfer rates since the formulation of the budget in the Fall of 1979 which was Reserve frozen in January, 1980, he had overrun the bond anticipation by approxim- Fund ately $25,000 and requested approval of a transfer of $25,000 from the Re- serve fund to the Bond Anticipation Account Upon motion duly made and seconded, it was voted to approve the request of the Treasurer for a transfer of $25,000 from the Reserve Fund to the Bond Anticipation Account Mr Zehner explained that the change in the date of the bond sale from Bond June 4 to June 11 required refinancing the notes that were due June 16. He Refinan- had arranged financing with temporary loans from the New England Merchants, cing the Town's certifying bank, to refinance all of the notes They are to charge no more than what the bonds will sell for on Thursday which would mean, at this time, the interest rate would be unknown He suggested that the Executive Clerk hold the notes in escrow until after the sale and he would come back and fill in the amount of the rate and have the Town Clerk certify them He would then go immediately back to the Director of Accounts so that it could be ap- proved in time by the Department and be credited to the Town's account on the 16th Mr Crain requested that a designated telephone number be given to the Board members to call in order to ascertain the specific amount of the in- terest rate charged Upon motion duly made and seconded, it was voted to approve the refi- nancing of the $1,125,000 bond issue with the New England Merchants Bank, in- terest rate to be determined, with a designated telephone number provided to the Board in order to ascertain the interest rate as follows a) Sewer loans dated 6/16 and due 6/30 $890,000 b) Conservation loan dated 6/16 and due 6/30 135,000 c) Sewer loans dated 5/29 and due 6/30 100,000 Mr Zehner informed the Board that he had been advised by the Recreation Bike Committee and the Department of Public Works that there would be a possible Path delay of 90 days before the Bicycle Path job would be completed and accepted Loan b ° - 2 by the State They requested renewal of an unused portion of the Bicycle Path Loan Upon motion duly made and seconded, it was voted to approve the request of the Town Treasurer for renewal of the unused portion of the Bicycle Path loan dated June 16 and due September 14 with the Shawmut County Bank at an interest rate of 6 5% Rep Doran Representative Doran met with the Board to report on the status of the State budget He informed the Board that the budget has passed the House and has been sent to the Senate The budget contained an increase in the local aid from the original $37,000,000 the Governor requested to $201,000,000 This would mean approximately $640,000 for Lexington He cautioned that this figure could change substantially in the Senate He stated that, in the meantime, they will try to enact a binding resolution in the House and Senate to be signed by the Governor guaranteeing a local aid figure of "X" number of dollars One of the outside sections on the State budget is the transfer of budget- ary authority from the Counties to the cities and towns He felt that this was important because of the number of years that people have been working to affect this change He stated that, overall, he opposed the budget for many reasons including the fact that he felt that the budget reflected a record high level of spending It was his opinion that the State budget was an "embarrassement" because he felt that the State has no intention of sharing in the burdens of Proposition 2 1/2 The Chairman thanked Representative Doran for coming to the meeting and keeping the Board up-to-date on the budget process Hub Bus The Board met with Mr Benjamin Goodman of the Hub Bus Lines to again Lines discuss his request for a rate increase After a brief discussion, the Board determined that the same basic problems still exist regarding overcrowding and poor service The Board informed Mr Goodman that it would take the matter up again in 30 days and in the meantime, he is to report to the Manager who will set up an appointment for Mr Goodman to meet with the Transportation Advisory Committee relative to Mr Goodman's desire to drop the first and last runs on the present schedule Upon motion duly made and seconded, it was voted to table the request of Mr Benjamin Goodman of the Hub Bus Lines for a rate increase for thirty days Follen Upon motion duly made and seconded, it was voted to remove from the table Church the request of the Follen Community Church for permission to hold a Flea Market on June 27 The Board discussed the request and it was decided not to endorse the re- quest one way or the other due to fact that there would be the possibility of questions relative to the authority of the Board to issue such a permit The Chairman will notify the Church of the Board's decision Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of April 6, 1981 I - 3 - 6 7 Selectmen's Meeting June 8, 1981 The Chairman read a requestHonor from the Honor America Society to join in n the annual 21-day salute to America commencing on June 14 America Upon motion duly made and seconded, it was voted to join in the annual Proclamation 21-day salute to America commencing on June 14 and concluding on the Fourth of July and to issue appropriate proclamation The Chairman read a request from the New England Telephone Company and Pole Loc Boston Edison Company for removal of joint owned pole location in Waltham Waltham St Street - no hearing required Upon motion duly made and seconded, it was voted, Mr Crain abstaining, to grant the request of the New England Telephone Company and the Boston Edison Company for removal of joint owned pole as follows Waltham Street on the southerly side in front of #780, remove (1) one pole #195/100 The Board discussed Commissioner Amidon's letter of June 4 relative to Bedford St / the Bedford Street/Hartwell Avenue traffic problem. Of specific concern was Hartwell the need for clarification of paragraph 2 on page 2 as there was no reference Avenue to the signalization of Eldred Street and the frontage road Commissioner Amidon had been contacted and had agreed to write another letter clarifying paragraph 2 on page 2 as follows "Phase II will concentrate on design effort for signalization for Eldred Street and an access road'and/or any other legitamte al- ternatives that will obtain as a minimum a concensus of community support for resolving problems on Bedford Street This will be a continuing effort by your staff and our Department" Mrs Miley expressed her concerns about the project being done intwo phases instead of being done concurrently Mrs Battin also expressed concern that Phase I might be completed and Phase II not, thereby not accomplishing anything toward relief of the traffic congestion in the area After discussion, it was agreed to accept the proposal of Commissioner Amidon and proceed with the project The discussion of the reconstruction of Rockville Avenue was postponed Rockville until the next Selectmen's meeting Avenue There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 8 05 P.M. A true record, Attest xecutive Clerk 6 SELECTMEN'S MEETING June 22, 1981 A regular meeting of the Board of Selectmen has held in the Selectmen's Meeting Room, Town Office Building, on Monday June 22, 1981 at 7 30 p m. Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch- inson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager and Miss Casey, Executive Clerk, were present The Board met with Mr Grush, Mr Potter and Mr McWeeney of our Board Board of of Assessors and Mr Robert Patten of Patten Associates to discuss the status Assessors of the revaluation process Revalua- Mr Grush reported that, at the present time, the State has given a ten- tion tative date to review the preliminary valuations of July 8 through July 10 Mr Patten reported that they hope to set up a timetable with respect to impact notices which are to be prepared by Finnegan Associates of Acton They hope to take one week to set up appointments for 15/20 minute interviews and one to three weeks for hearings and one or two weeks for clean-up It is hoped to complete the whole process in six weeks from the time the impact notices are received by property owners Mr Patten reported that the town's tax list is expected to rise to nearly $1 2 billion, with a tax rate of about $21 50 Although the tax rate will drop from last year's assessment of $92 00 per thousand, the rate will be adjusted upward due to the 100% property assessment The Chairman thanked the Board of Assessors and Mr. Patten for the re- port and they retired from the meeting Mr Zehner, Town Treasurer, met with the Board who stated that it was Treasurer near the end of the closing of the bond sale He stated that he had signed the bonds this morning which will be cer- tified by the Town Clerk tomorrow and he will take them to the New England Merchants Bank for review by bond counsel They will be delivered to the purchasers in the early afternoon and the Town will receive a check in the amount of $1,125,000 which will be invested immediately in a repurchase agreement to mature on June 30 The purchase agreement will be deposited in the Town's account on June 30; the note will mature on June 30 and one will wash out the other thus ending the bond sale Mr Zehner informed the Board that he had four resolutions for the Board to consider required by bond counsel He explained that they are pre- cisely the same resolutions that the Board approved in each of the previous bond sales He explained that two weeks ago the Board had authorized him to affix facsimile signatures of the Board to the bonds to obviate the necessity for individual signatures at that time and requested the Board's formal approval of this action Upon motion duly made and seconded, it was voted to sign the Author- ization of Facsimile Signatures form authorizing the Treasurer to cause facsimiles of our signatures to be engraved or printed on the following 7 20 per cent bonds of the Town dated June 15, 1981 $1,125,000 Municipal Pur- 2 - pose Loan of 1981 Within Debt Limit (Nos 1 to 225) payable June 15, $225,000 in 1982 to 1986 Mr Zehner stated that, in advance of the sale, he had signed a consent to bid which permitted the New England Merchants to bid on the bond sale de- spite they were the certifying bank, and he requested the vote of the Board consenting to this action. He explained that the Board's signatures would not be required in the form which will be signed by the Executive Clerk and the Treasurer The vote certifies their signatures Upon motion duly made and seconded, it was voted to certify the signa- tures of Beatrice M. Casey, Executive Clerk to the Board of Selectmen, and Louis A. Zehner, Town Treasurer, certifying the vote of the Board of June 22, 1981 that the sale of the following 7 20 per cent bonds of the Town dated June 15, 1981, $1,125,000 Municipal Purpose Loan of 1981 Within Debt Limit (Nos 1 to 225) payable June 15, $225,000 in 1982 to 1986 to Burgess & Leith Inc and Adams, Harkness & Hill, Inc at 100 0419 and accrued interest is hereby confirmed Further voted that the consent dated June 10, 1981 to the certifying bank bidding for the bonds is hereby confirmed Mr Zehner requested the Board's signatures on a "No Arbitrage Certifi- cate" in connection with the issuance of the bonds Upon motion duly made and seconded, it was voted to sign the "No Ar- bitrage Certificate" in connection with the issuance of the bonds Mr Zehner requested the signatures of the Board on a "Signature and No Litigation Certificate" which is also a requirement of bond counsel in connection with the bond sale Upon motion duly made and seconded, it was voted to sign the "Signature and No Litigation Certificate" in connection with the bond sale The Chairman thanked Mr Zehner for his diligence_ and expertise in handling the Town's finances and he retired from the meeting One Day Upon motion duly made and seconded, it was voted to approve the issu- Liq Lic ance of a One Day Liquor License to RAEDAAC Association of W R Grace & Co. for June 29, 1981 Pole Loc Upon motion duly made and seconded, it was voted to approve the request Lawn Ave of the N E Tel & Tel and Boston Edison for a joint pole location as follows; approved by Department of Public Works Lawn Avenue approximately 227'+ (feet) west of Webster Road on the southerly side (1) pole #44 1/2, (1) pole to be removed Pole Loc Upon motion duly made and seconded, it was voted to approve the request Moon Hill of the N E Tel & Tel and Boston Edison for joint owned pole locations as Road follows and approved by the Department of Public Works Moon Hill Road approximately 25'+ (feet) south of Moreland Avenue, sixteen (16) poles #296/1 to #296/16 Solid Waste The Board met with the Solid Waste Advisory Committee relative to the Committee solid waste problem. Mr James Reilly, Chairman, addressed the Board and NESWC recommended the NESWC Project The report of the Committee contained the reasons for the recommendation among which was the fact that the project is the nearest term project available to Lexington which offers long-term economic solution to solid waste disposal; the technology is proven being used exten-._ sively in Europe and Japan with two facilities of the same basic design in this country; the N E Power Co has signed a twenty-year agreement to pur- chase electric power produced by the NESWC project The communities will - 3 - L Selectmen's Meeting June 22, 1981 receive 89 5% of the revenues from the sale of energy NEPCO will purchase power at 90% of avoided energy costs Shared transportation costs have been formulated which will subsidize Lexington's impact for transportation Mr Reilly informed the Board that, although there were some minor matters unresolved, the Committee highly recommended NESWC and that the contract had been reviewed and approved by Town Counsel Upon motion duly made and seconded, it was voted to accept the recom- mendations of the Solid Waste Committee and sign the contract with the North East Solid Waste Committee Mrs Miley abstained from voting The Chairman thanked the Committee for its ten years' of work to bring the problem of Lexington's solid waste to a successful conclusion Mr William Page, Chairman of the CATV Committee and Mr Ron Hammaker, CATV Operations Manager for Adams Russell presented a progress report on the cable television project Mr Hammaker reported that most of the equipment has been ordered, the tree trimming has begun and extreme care is being given to removal of only portions that is absolutely necessary, storage space for the equipment has been obtained and part of the personnel has been hired He stated that Adams Russell expects to be ready to sign the final license with the Town on June 29 but felt that July 6 would be a better date The Chairman thanked Mr Page and Mr Hammaker for updating the Board on the progress of the project Upon motion duly made and seconded, it was voted to approve payment of Mass a bill in the amount of $3,136 00, membership fee, to the Massachusetts Muni- Munic cipal Association Assoc The Board reviewed a request from the Lexington Lodge No 2204 - Elks Elks for a change in hours under its All Alcoholic Beverages License with hours of 12 00 Noon to 12 00 Midnight seven days per week Upon motion duly made and seconded, it was voted to deny the request of the Lexington Lodge No 2204 - Elks for a change in hours to 12 00 Noon to 12 00 Midnight Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's Meetings of April 13, April 27 and May 5 The Chairman informed the Board that complaints had been received relative to the proposed low-profile industrial use of the Garrity House and Carriage House The Manager suggested that the Committee be invited in to get its re- Garrity action to the complaints after the Planning Board hearing The Chairman sug- House gested that a time of July 6 be set up and have the minutes of the hearing of the Planning Board for review It was agreed that a meeting with the Planning Board and the Garrity House Committee to set up for early in July to review the entire problem - 4 11 The Board discussed the list of annual appointments and agreed to the following Upon motion duly made and seconded, it was voted to make the following committee appointments COMMITTEE/BOARD/INDIVIDUAL TERM EXPIRATION DATE BOARD OF APPEALS Robert M. Gary 5 yrs May 31, 1986 BOARD OF APPEALS (ASSOCIATE) Ruth Morey 1 yr May 31, 1982 Eric T Clarke 1 yr it Clarence D Turner 1 yr William C Hays 1 yr Jonathan P Doran 1 yr Anne R Scigliano 1 yr PERSONNEL ADVISORY BOARD Elmer G Guilmartin 3 yrs May 31, 1984 TOWN REPORT COMMITTEE Erna S Greene 1 yr May 31, 1982 Raymond J Culler 1 yr " Robert B Sawyer 1 yr VI Patricia Kazmarczyk 1 yr Robert Morrison 1 yr 11 Donald R Giller 1 yr " Elaine F Ermolovich 1 yr " Louis A. Zehner 1 yr POLICE MANUAL POLICY COMMITTEE James F Crain 1 yr May 31, 1982 Alexander J Cella 1 yr 11 Hugh M Chapin 1 yr " William C Hays 1 yr " Irving H. Mabee 1 yr 11 Gerald L McLeod 1 yr Gerald L McLeod 1 yr Chief James F Corr 1 yr " SEWER ADVISORY COMMITTEE Katherine G Fricker 1 yr May 31, 1982 Gordon E Barnes, Jr 1 yr David Laredo 1 yr " George F McCormack 1 yr Kenneth W Nill 1 yr Richard J Rycroft 1 yr BRIDGE CHARITABLE FUND Gaynor K Rutherford 3 yrs May 31, 1984 - 5 - GAMMEL LEGACY INCOME TRUST Helena R. Butters 1 yr May 31, 1982 TOWN CELEBRATIONS COMMITTEE Frances P Mallett 3 yrs April .30, 1984 Marion H Snow 3 yrs " FENCE VIEWERS Louis A. Zehner 1 yr May 31, 1982 William H Sullivan 1 yr " CENTER REVITALIZATION COMMITTEE Margery M. Battin 1 yr May 31, 1982 Thomas K. Dyer 1 yr It Christopher Venier 1 yr Laura F Nichols 1 yr Robert Sacco 1 yr " Karsten Sorensen 1 yr ti Joseph Trani 1 yr TRANSPORTATION ADVISORY COMMITTEE Joyce Hals The Board discussed the appointments to the Adams School Conversion Com- mittee, Muzzey School Conversion Committee and Transportation Advisory Committee S and agreed to table until the July 6 meeting Upon motion duly made and seconded, it was voted to table appointments to these committees until July 6 Upon motion duly made and seconded, it was voted to approve the following Committee Town Manager Committee appointments Appts Mrs Dorothy Boggia, Burlington Street, to the Council on Aging Mr. Robert Eby, Baskin Road, reappointment to the Recreation Com- mittee for a threeY ear term Mr Ronald Marble, Wilson Road, to the Youth Commission Mr John McGirr, Burlington Street, to the Youth Commission. The Manager informed the Board that he had appointed Mr Ronald Levy, Bryant Road, to the Permanent Building Committee and reappointed Mr Bill Kennedy to the Permanent Building Committee The Manager referred the Board to its copy of the 1982 salary plan and 1982 the recommendations from the Personnel Advisory Board Salary Upon motion duly made and seconded, it was voted to adopt the 1982 salary Plan plan as submitted by the Town Manager representing an average increase of approximately 7 2% Upon motion duly made and seconded, it was voted to continue the lease Cataldo agreement between the Town of Lexington and Robert A. Cataldo for open land Lease as described on Assessor's Map #31 as Lot 90, abutting tenants Lot #60A on Map 31, 4+ acres of land for the period November 30, 1981 through November, 1982, rental fee $120 00 1 - 6 - 11 Hancock St The Manager requested the Board to sign commitment sheet for the 1960 Sidewalk sidewalk construction on Hancock Street, recorded with the Registry of Deeds but never billed Upon motion duly made and seconded, it was voted to sign commitment sheet for the 1960 sidewalk construction on Hancock Street. Abatements Upon motion duly made and seconded, it was voted to abate the following Hancock sidewalk assessments for the 1960 sidewalk construction on Hancock Street St Sidewalk Name Frontage Assessment John & Marjorie June Hovorka, h/w 6 ft $ 6 00 Anthony & Lena Tavilla, h/w 140 " 140 00 Joseph A. & Mary E Busa, h/w 187 " 187 00 Richard J & Priscilla L McKee, h/w 100 " 100 00 Peter & Stana R Kaleta, h/w 97 " 97 00 Avis A. Foster 76 " 76 00 Florence H & Gordon W Robinson, Jt T. 100 " 100 00 Florence H & Gordon W Robinson, Jt T 100 " 100 00 Florence H & Gordon W Robinson, Jt T 480 " 480 00 Alfred A & Eva C Cavaretta, h/w 23 " 23 00 David A. & Hilda P Stuntz, h/w 149 " 149 00 Jane Shohl 85 " 85 00 Earl W & Madolin M. Parker, h/w 90 " 90 00 Vincent C & Ruth C Ciccolo, h/w 100 " 100 00 Robert W & Ruth H Custance, h/w 75 " 75 00 Harold R. & Helen M Millican, h/w 40 " 40 00 Harold R. & Helen M. Millican, h/w 127 " 127 00 Arthur R. & Patricia R. Millican, h/w 109 " 109 00 John H Millican, Jr 125 " 125 00 Robert A. & Ethelwyn Proctor, h/w 49 " 49 00 Kenneth F & Mary E Blodgett, h/w 46 " 46 00 Kenneth F & Mary E Blodgett, h/w 46 " 46 00 John W Millican 89 " 89 00 Metro The Manager requested the Board to officially appoint members to the Metro- State politan State Hospital Land Task Force Hosp Upon motion duly made and seconded, it was voted to appoint Angela Frick, Land Task Iris Wheaton, Natalie Riff in, David Williams and Clifford Prentiss to the Metro- Force politan State Hospital Land Task Force Lions The Manager requested the approval of the Board for the dates for the Lions Club Club carnival Carnival Upon motion duly made and seconded, it was voted to approve the following dates for the Lions Club carnival July1 600pm. - 1100pm July 2 6 00 p m. - 11 00 p m July 3 12 Noon - 11 00 p m. July 4 12 Noon - 11 00 p m. LEXPRESS The Manager requested approval of the Board for a revised fare structure for LEXPRESS for FY '82 Upon motion duly made and seconded, it was voted to approvethe revised fare structure for LEXPRESS for FY '82 Selectmen's Meeting June 22, 1981 The Manager reported to the Board that there had been an underrun of Sewer Con- $10,292.11 in the Meriam Hill, Lowell Street sewer contract and an overrun tract of $4,894 66 in the Maple, Pleasant and Concord Avenue contract 81-1-E Upon motion duly made and seconded, it was voted to approve an overrun overrun in the amount of $4,894 66 on Sewer Contract 81-1-E -- Charm Construction Co in the Maple Street, Pleasant Street and Concord Avenue areas The Manager reported to the Board regarding complaints relative to the Mystic hours of operation of the Mystic Valley Mental Health on Bedford Street He Valley reported that the Board of Appeals had held a hearing and hours during the week until 9 00 p m. and no hours on week-ends The Manager reported to the Board that he is reviewing with residents of Rockville the Rockville Avenue area the proposed construction of street and sidewalk Avenue He stated that he has assured them that they will be able to come before the Board before implementation of the project It was his recommendation that if their concerns cannot be met, that there would be two alternatives for the Board - one to go forward with the Town's plans, with Board approval, or to withdraw completely Town Counsel reported to the Board that he had received several calls Valleyfield from Edwin P Whittemore, attorney for Mr & Mrs George Pierce of 63 Valley- Street field Street relative to his request for the removal of the restriction on Tax Title the deed from the Town to Ralph J Masciulli on Lot 26 Valleyfield Street Masciulli The Board requested more information relative to the transaction Upon motion duly made and seconded, it was voted to table the request of Attorney Whittemore requesting removal of the restriction on the deed from the Town to Ralph J Masciulli on Tax Title Lot 26, Valleyfield Street Upon motion duly made and seconded, it was voted to make the following Transfers transfers from the Reserve Fund $2500 00 to Account #2940 -- Metered Mail 7000 00 to Account #1775 -- Law Fees Upon motion duly made and seconded, it was voted 5-0 by roll call vote, Executive Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi, to go into Ex- Session ecutive Session for the purpose of discussing matters of collective bargain- ing and litigation with no intention of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 9 50 p m. A true record, Attest doe4A4-412:‘-iii. Oa"-, Executive Clerk I u, �),'d SELECTMEN'S MEETING July 6, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, July 6, 1981 at 7 30 P.M. Chairman Buse, Mrs Battin, Mr Crain, Mr Politi; Mr Hutchinson, Town Manager, Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager and Miss Casey, Executive Clerk were present The Chairman convened the meeting and Chief Corr introduced two new Police policemen; Patrolman Robert Simmons, 82 North Street and Patrolman Edward New O'Brien, 420 Massachusetts Avenue Miss McDonough, Town Clerk, issued the Officers oath of office to the new policemen and the Board extended its congratula- tions and best wishes Mr Page, Chairman of the CATV Committee, and Mr Ron Hammaker of Adams- CATV Russell met with the Board to present information in connection with Section 305, required by State regulations before the signing of the final license with the Town Mr Page requested that the information be reviewed by the Committee and Town Counsel with the hope that the final document can be signed on July 20 Mr Hammaker presented the bonds that were also required to be retained in the Selectmen's Office Mr Hammaker introduced Mr Robert Vaughan, Chief Engineer and Project ' Manager The Chairman thanked Mr Page and Mr Hammaker and they retired from the meeting Mr Neil Cronin, Guide Director, met with the Board to introduce the Guides new guides for the season and request approval of new and renewal licenses Upon motion duly made and seconded, it was voted to approve the issu- ance of guide licenses for the following NEW LICENSES Arthur G Slade, Jr , Lisa Moreau, Steven Lerner, William J Abernathy, Jr and Paul Edwards RENEWAL LICENSES Stephen Bertolini, Sharon Fray, Stephen Greim, David Hamburger, David Harrington, Richard John, Judd E Levingston, Daniel McGrath, John E Nordahl, Peter Ostrow, Kamala Soparkar, Nathaniel Taylor, Peter Wasserman, David A. Wasserman, James Lyons and Edward Ford The Chairman extended the congratulations of the Board to the guides and thanked Mr Cronin for his interest and work in their training and they retired from the meeting Upon motion duly made and seconded, it was voted to sign the Warrant to Warrant the Aniaml Control Officer for 1145 unlicensed dogs in Lexington Dogs IL 1C' - 2 - Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of May 11 and May 18, 1981 Resig Cen- Upon motion duly made and seconded, it was voted to accept the resigna- ter Rev tion of Mr Bernd Dekant from the Center Revitalization Committee Com. Resig Sewer Upon motion duly made and seconded, it was voted to accept the resigna- Adv Com. tion of Kenneth W Nill from the Sewer Advisory Committee Com. Appts The Chairman stated that the committee appointments would be postponed until the July 20 meeting when a full Board would be present Easements Upon motion duly made and seconded, it was voted an intent to take tem- Adams St porary construction easements for Adams Street authority for which is under Article 20 of the 1980 Annual Town Meeting Street Re- Upon motion duly made and seconded, it was voted to award the contract surfacing for street resurfacing #82-2-E, to P J Keating Company, Reservoir Road, Contract Lunenburg, Mass in the amount of $117,633 50 Upon motion duly made and seconded, it was voted to defer the following sewer betterments without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold Mary B & Rose Chiesa, 42 Adams St , M 63, Lot 107 $ 516 03 Alfred R. , Jr & Carol A Batstone, 42 Bartlett Ave M 29, Lots 42, 43 2,288 52 Town of Arlington, Maple Street (Great Meadow) 1,850 40 M 30, Lot 114 Moore Realty Trust, Emerson Road (lot 6A) 370 43 M 69, Lot 47 George & Laura E Wallis, Dewey Road (L C Lot 9) 694 73 M 89, Lot 45 Robert E & Ruth E Doran, Holmes Road (lot A2) 1,050 17 M 62, Lot 23 Christine H Spielvogel, 97 Adams Street, M 69, Lot 48 603 43 H. Seymour Kassman & Erik L Mollo-Christensen, Barberry Road, M 10, Lot 7 1,081 78 Beatrice I Bergstrom, 497 Concord Avenue 1,411 33 M 11, Lot 31 Michael J & Lawrence M. Carroll, Waltham St M 16, Lot 48A, 8, 9 Upon motion duly made and seconded, it was voted to defer the follow- ing water betterment charges, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this ex- tenstion of time shall terminate immediately if said land or any portion thereof is built upon or sold M. Joseph, Lawrence M. & Edward P Carroll 31 Allen Street, M 16, Lot 48A 111 - 3 - 7 7 Selectmen's Meeting July 6, 1981 Michael J & Lawrence M. Carroll, Waltham St $10,713.81 Upon motion duly made and seconded, it was voted to defer the follow- Water ing water betterment, without interest, until said land or any part thereof Deferment is built upon, sold or until the expiration of three years from the date Carroll hereof, whichever event occurs first; provided, however, that this exten- sion of time shall terminate immediately if said land or any portion thereof is built upon or sold M. Joseph, Lawrence M. & Edward P Carroll, $390 00 31 Allen Street, M 16, Lot 48A The Board met with Mr Benjamin Goodman of the Hub Bus Lines to re- Hub Bus view his request for a fare increase Lines The Manager informed the Board that a survey had been made in which approximately 80% of those surveyed were regular riders of the busses He stated that a number of people were concerned about time schedules, stand- ing and the poor condition of the busses Overall, the riders expressed their desire to continue with the service with improvements After further discussion, the Board agreed to grant the requested fare increase Upon motion duly made and seconded, it was voted, 3-1, Mr Politi in the negative, to grant the fare increase requested by Mr Goodman of the Hub Bus Lines with the following stipulations 1 Review by October 1 progress made relative to complaints on service, condition of busses, problems of standees, etc 2 Receive a monthly update on the status of the radio license 3 Have a commitment that the new bus run would be instituted and maintained no later than July 27 The Manager presented to the Board the draft charge to the By-Laws By-Laws Committee and requested comments Committee Upon motion duly made and seconded, it was voted to adopt the follow- Charge ing charge to the By-Laws Committee; The Committee shall review Town By-Laws, to insure compatibility with present practice, State statutes and the Selectmen/Town Manager Act. Further the Committee shall recommend appropriate changes and/ or abolition of said By-Laws to be considered by the Selectmen and Town Meeting The Committee shall consist of five members The Board met with members of the Garrity House Committee to discuss Garrity ' its report to the Board of July 2 The Committee recommended Interchange House as the designated developers because of its' confidence in the developers tc� - 4 - L to carefully preserve the buildings and their willingness to be flexible in working out the terms of the agreement with the Town The proposal would also enable the Town to preserve the buildings without cost to the Town and have their reuse again in thirty years It was the Committee's feeling that rehabilitation of the buildings for residential use would be economically prohibitive to individuals The Committee addressed the parking problem in its report and stated that the developer has provided six spaces on the site as the maximum to be aesthetically acceptable The report indicated that the Committee felt that the Town, as owner of the property, should share in responsibility for the additional parking needs in some manner A letter from the Chairman of the Historic Districts Commission indi- cated approval of the Interchange proposal for preservation and rehabilita- tion of the buildings It also pointed out that its jurisdiction is limited to exterior architecture and not the type of use, its hope was that concern about the use would not end in frustrating all efforts to save the buildings Attached to the Committee's report was a letter addressed to Mrs Grady, Chairman, from the Massachusetts Historical Commission indicating that the buildings were of substantial historical significance to the Town and stood as a symbol of Lexington's past as a simple farming community The Planning Board's report to the Selectmen, resulting from its hearing on June 11, stated "the primary public objective is the restoration of two build- ings representative of their period which form an important part of the setting of the Battle Green. The use of the building by a business is clearly not a public objective and is simply a means to achieve the primary objective " The report indicated that if there has to be a commercial use of the building, this was an appropriate one, but they would be more comfortable with a proposal for residential use Concern was expressed that a precedent would be set for re-zoning other residential buildings around the center The Planning Board report also expressed concern relative to the parking problem and stated that a much better plan for parking to serve the proposed use would have to be sub- mitted before it could give a favorable recommendation The report further stated that if a residential re-use of the building is not feasible and the Town must designate a developer with a non-residential proposal, the Planning Board would prefer a procedure comparable to Section 9 3 permitting the conver- sion of municipal buildings to non-residential use It was the consensus of the Planning Board that this would be preferable to the type of re-zoning proposed Dr William J Cosgrove, 25 Hancock Street, and other residents in the area expressed opposition to any type of commerical use of the buildings Mr Politi felt that the Board should give the matter more considera- tion because of the opposition of the Planning Board and the neighbors He felt that it was unfair to keep the developer "on the string" until next Town Meeting on something that may not, politically, be feasibile Upon motion duly made and seconded, it was voted to table a decision on the disposition of the Garrity House property until the Selectmen's Meet- ing of July 20 Planning The Board met with the Planning Board and the Board of Appeals to dis- Board cuss the use of fire alarm boxes, street acceptance requirements and new construction policies requirements of the Planning Board Mr Sandy of the Planning Board stated that under the sub-division regulations it is required that fire alarm boxes be installed in all new - 5 - zf7q III Selectmen's Meeting July 6, 1981 developments The Fire Chief feels that fire alarm boxes in a sub-division are not necessary for safety The Planning Board disagreed and were continu- ing the requirement with the assumption that they would be connected to the town system The Manager pointed out that in 1978 the Board of Selectmen, acting through its public safety and financial responsibilities spent a great deal of time reviewing this situation and voted to allow no more expansion of the systems in the town He pointed out that under the Selectmen/Town Manager Act public safety is the responsibility of the Board and Manager not the Planning Board Mr. Hutchinson stated that of the 129 fires reported by boxes, 110 were false alarms The members of the Planning Board requested a decision of the Board as to whether or not any new fire alarm boxes installed by developers by Planning requirements would be connected to the town system. During further discussion, it was brought out that it is not always feasible to depend upon a neighbor's telephone to report a fire and also that there are times when storms interrupt telephone service It was decided to study the matter further Upon motion duly made and seconded, it was voted to refer the matter to the Fire Chief, Planning Director and Town Council for further study IllThe newly adopted Planning Board policy on construction standards for unaccepted streets was discussed at length with the Planning Board members. The policy deals with qualifying a building lot for zongin purposes in the con- text when applying for a building permit It does not set construction stan- dards for roads in private ownership except where a new building is proposed. If an unaccepted street is currently in a condition that would prevent the issuance of a building permit, it sets standards whereby the street may be im- proved in order to qualify for a permit The policy specifically addresses streets in classification "c" of the zoning by-law "a way in existence on April 4, 1948, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate con- struction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the in- stallation of municipal services to serve such land and the buildings erected or to be erected thereon" The Building Commissioner may not issue a building permit for a lot with frontage on a street without obtaining the opinion of the Planning Board on width, grades and construction. The policy sets con- struction standards by dividing classification "c" of the definition of "street, road or way" into several components specifically stating require- ments in each The standards set are guidelines for typical cases The Planning Board reserves the right to waive the standards in individual cases after consultation with the Town Engineer, if a vaiver or reduction of these standards is sought The policy in general and several specific cases were discussed It was the opinion of Mr Busa and Mr Politi that long-time residents who have III owned property and have been paying taxes on it as a buildable lot would be placed in the position of being financially unable to develop the lots They felt that a developer who comes into town and purchases land for the purpose of making a profit would be in a different category than the one or two lot owners The Planning Board disagreed and felt that all developers should be treated the same The Planning Board's policy on the development of land currently zoned for commercial development in the Bedford Street/Hartwell Avenue area was discussed The principal objective of the policy is to try to reduce the impact of additional development on the peak hour traffic in the area The policy included three steps to reduce peak hour traffic congestion which would ad- just the scheduled hours of operation by percentage of employees in each type of firm so that there would be no arrival or departure of employees, except for emergencies, between 7 45 - 8 45 a m. and 4 30 - 5 30 p m. Also, as part of the policy, would be some form of physical limitation on a percentage of park- ing spaces for entering or exiting, except for emergencies, between 7 45 - 8 45 a m. and 4 30 - 5 30 p m. Promotion of, and participation in, carpooling, van- pooling and the use of public transportation was also a part of the policy Three types of developments were listed as a basis for setting the percentages to be used The policies recommended will be the basis of the Planning Board's recommendations to the Board of Appeals for all projects for which a special permit, with site plan review, had not been granted as of April 13, 1981 It was the hope of the Planning Board that the Board of Selectmen, after reviewing the policy, would make the same recommendations to the Board of Appeals Mrs Morey, former Chairman and now an Associate Member of the Board of Appeals, stated that the Board of Appeals was strongly against setting quotas for people to come and go to their place of business at certain designated hours It was also pointed out by Mrs Morey that the Building Commissioner was not in favor of setting time allocations for entering and exiting on parking spaces She pointed out that enforcement of this regulation could not be properly 11/ enforced She also pointed out that many of the firms on Hartwell Avenue have already instituted staggered work hours and promoted carpooling. Mrs Riff in, Acting Chairman of the Board of Appeals, stated that she felt that it was unreasonable to expect the Building Commissioner to police the area for violations of the parking regulations recommended by the Planning Board policy She stated that the members of the Board of Appeals felt that these conditions could not be put down as being necessary for approval of a permit Mr Busa stated that he felt that the Board of Appeals were extremely competent people who all had served either in the Town government or on Town committees and, therefore, felt that the Board of Selectmen should not make these recommendations to the Board of Appeals The draft charge to the Accessory Apartment Committee was discussed which called for one representative from the Board of Selectmen, Planning Board, 1. Board of Appeals and Board of Assessors and three citizens at large may) Mr Politi objected to the make up of the membership of the Committee A stating that he felt that the Board of Appeals would be reviewing the permit k- applications and would also be involved in the policy making of the Committee '; \ and would be deciding whether or not the apartments would be allowed or not ii ‘• 'J `' allowed He objected to the Board of Assessors representation on the Committee as their mandate is set forth in the law in that if there are accessory apart- ments in a house currently, it will have to be so assessed whether it is legal or non legal - 7 - Lig ) Selectmen's Meeting July 6, 1981 Mr Politi also objected to the Planning Board representation on the Committee because it has made clear its position on accessory apartments He felt that if any proposal would get through Town Meeting, it would have to be by a committee that hasn't already taken a position on the question Mrs Battin stated that .she agreed with Mr. Politi's position om.the Board. of Appeals and Board of .Assessors, but felt that one member on a subcommittee of a larger issue of housing is not going to carry what was .done in the past by a previous Planning Board She felt that coordination was the key issue and felt that a member of the Planning Board should be on the committee and that the Selectmen had also taken a position on the problem After further discussion, it was decided to table the vote on the acceptance of the charge Upon motion duly made and seconded, it was voted to table the charge to the Accessory Apartments Committee for a redraft of the charge Mrs Battin stated that she felt that this meeting between the Board of Selectmen, .P1anning Board and Board of Appeals had been most productive and expressed an interest in further communications between the Boards The Chairman thanked the members of the Boards for their input and they retired from the meeting Upon motion duly made Onh sekon4 ias voted 4x70 by _roll_ tall vote, Mr Buse, Mrs Battin, Ckai d Politi, to go into Executive Session for the purpose of discussing the sale, lease or transfer of real estate Upon motion duly made and seconded, it was voted to adjourn at 11 15 p m A true record, Attest i7C/iteLke...e.;711. 0 Executive Clerk IlfAL(t. 1 1 J I g SELECTMEN'S MEETING July 20, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Monday, July 20, 1981 at 7 30 P M. Chairman Buse, Mrs Battin, Mrs Miley, Mr Crain, Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel, Mrs Banks, Assistant to the Town Manager; Mrs Snow, Principal Clerk were present The Chairman read a request from Henry Patterson, Treasurer of Daman Bel Canto Enterprises, Inc d/b/a Bel Canto Restaurant, to allow service ofdiquor Restaurant from its opening hour of 11 A.M until the close of business, instead of extension of from 12 noon as presently allowed The Chairman noted that all other hours restaurants in Town are licensed to serve liquor starting at 11 A.M. Upon a motion duly made and seconded, it was voted to grant the re- quest of Daman Enterprises, Inc , d/b/a Bel Canto Restaurant, to sell and serve alcoholic beverages under its. Alcoholic Beverages License and Common Victualler License from 11 00 A.M. to closing time, seven days a week The Chairman noted the request from Cornelius P Cronin, Director of Guide License Guides, for a Guide License for Arthur G Slade, Jr Upon motion duly new made and seconded, it was voted to approve the Guide License for Arthur G Slade, Jr , 52 Webb Street Application of Lexmil Theatre, Inc for licenses for an additional Cinena II motion picture screen at Cinema II, 1794 Mass Ave , was noted 1794 Mass Ave Upon motion duly made and seconded, it was voted to approve the licenses for Exhibition of Motion Picutes on Sunday and for Exhibition of Motion Pictures on weekdays, at Cinema II, 1794 Massachusetts Avenue, as requested by Lexmil Theatre, Inc The Chairman read a request from Transportation Management, 1668 Transp Manage- Massachusetts Avenue, Lexington, for renewal of Public Vehicle Licenses ment Corp for two vehicles, used for limousine service to Logan Airport Upon motion duly made and seconded, it was voted to approve renewal of the following licenses for vehicles owned by Transportation Management Corporation YEAR MAKE MODEL VEH INDENTIFICA(Il'ION PLATE 1981 Chevrolet Station Wagon 1AL35H2B1123102 4301GR 1981 Chevrolet Station Wagon 1AL35H7B1123452 3701GR Upon motion duly made and seconded, it was voted to abate the follow- ing water charges Water Abate- E Murphy, 315 Bedford Street - B-57-315 - $81 00 incorrect read- ments ing by customer C Hagelstein, 90 Blake Road - B-81-90 - $24 75 - Incorrect reading 1/81 bill abated Corrected charges committed on 7/81 billing J Nolan, 17 Cooke Road - B118C-17 - $138 15 - incorrect reading 1/81 charges abated Corrected charges committed on 7/81 billing P Waldron, 119 Burlington Street - B-93-119 - $307 80 Readings incorrectly recorded Excess abated -2- A Wilkins, 19 Flintlock Road - B-96-19 - $45 00 Incorrect reading J Roberts, 6 Pheasant Lane - C-109C-6 - $182 25 Incorrect meter reading 1/81 charges abated Corrected charges commiteed on 7/81 billing D Lunday, 24 Middleby Road - C-116-24 - $40 50 Incorrect meter reading by customer Minutes, Upon motion duly made and seconded, it was voted to approved minutes June 1 & 3, of the Selectmen's Meetings of June 1 and June 3, 1981 1981 The Chairman referred to the recommendation of Dr John Lawson, Super- CATV intendent of School, for the appointment of Dr Geoffrey Pierson to repre- CAmmittee sent the public schools on the CATV Advisory Committee Upon motion duly made and seconded, it was voted to appoint Dr Geoffrey Pierson, 115 Gibbs Street, Newton to the CATV Advisory Committee, representing the public schools CATV A letter from Robert C Hilton, Director, Cary Memorial Library, recom- Committee mending Janie Lawless as representative of the Library on the CATV Advisory Committee was noted Upon motion duly made and seconded, it was voted to — appoint JaneLawless, 37 Alpha Road, Dorchester, to the CATV Advisory Committee, representing the Library Executive Mr Busa requested the pleasure of the Board regarding the appointment Clerk of the Executive Clerk Upon motion duly made and seconded, it was voted to reappoint Beatrice M Casey as Executive Clerk for a term to expire on May 31, 1982 Greeley Letter from Roland B Greeley, dated July 10, 1981, tendering his res- Resignation ignation from the School Sites Conversion Committee was noted Upon motion .— School Sites duly made and seconded, it was voted to accept the resignation of Roland B Conv Comm Greeley from the School Sites Conversion Committee,effective July 20, 1981 Dr Cosgrove The Chairman suggested that the Board acknowledge the 33 years of ser- Bd /Health vice to the Town of former Board of Health Chairman William L Cosgrove, who is retiring from the Board of Health The Board agreed that a letter in rec- ognition of his accomplishments and appreciation for his service be sent by the Chairman. Mary Spellman Mr Busa informed the Board of the forthcoming 102nd birthday of Mary E Spellman, mother of the late Fire Chief, who had been a resident of Lexington for approximately 80 years and read a brief history of her life The Chairman will send a letter of congratulations to Mrs Spellman on behalf of the Board NESWC Announcement of a meeting of the North East Solid Waste Committee on Meeting July 30, 1981 was brought to the Board's attention by the Chairman Repre- sentation at the meeting will be by a member of the Town Manager's staff Constr The Town Manager referenced Town Engineer Hanlon's July 8, 1981 memoran- Easements dum in which he requested the Board to vote an intent to take temporary con- Kendall Rd struction easements in Kendall Road Upon motion duly made and seconded, it was voted to take temporary con- struction easements in Kendall Road under the authority of Article 17 of the 1980 Annual Town Meeting Youth As requested by the Town Manager, upon motion on duly made and seconded, it Commission was voted to approve the appointments of Nancy L Barter, 4 Fairlawn Lane, � e � Selectmen's Meeting July 20, 1981 -3- and James J Findley, 76 Middle Street to the Youth Commission, and of Board of Linda Roemer, 285 Emerson Road, to the Board of Health Health Upon motion duly made and seconded, it was voted to approve the Town Council on Manager's reappointment of Barbara G .Luckmann, 69 Emerson Gardens, to the Aging Council on Aging Upon motion duly made and seconded, it was voted to approve the Town Acting Town Manager's appointment of Nancy H Banks as Acting Town Manager from Manager August 1 through August 14, 1981, during which time, Mr Hutchinson will be on vacation Mr Hutchinson recomended that citizens who are interested in serving Selective on local review boards for Selective Service be asked to contact the Town Service Manager's office so that their names can be forwarded to the appropriate Boards State agencies The submission of these names to the State would be sub- ject to the approval of the Board of Selectmen Upon a motion duly made and seconded, it was voted to sign the contract Contract for street resurfacing and paving, #82-2-E -- P J Keating Company, under #82-2-E the authority of Article 54, 1981, Chapter 90- Street Improvements and Street Re- Account 5400 FY 81/82, Highway Maintenance - Street resurfacing and Article surfacing 20, 1980, awarded at the meeting of July 6, 1981, subject to Town Counsel review Upon motion duly made and seconded, it was voted to sign the contract Contract for retaining wall construction, #81-7-E -- Methuen Construction Company, #81-7-E Inc under the authority of Article 20, 1980, awarded at the meeting of Retaining July 6, 1981, subject to Town Counsel review Wall Among those present for the discussion of the Hartwell Avenue/Bedford Hartwell Ave Street/ Marrett and Forbes Roads traffic discussion were Planning Board Bedford St members Nichols, Smith and Sorensen, members of the Traffic Improvement Traffic Committee (TIC) and other representatives of industry in the Rte 128 area Julian Bussgang, chairman and spokesman for TIC, distributed copies of a statement to the Board of Selectmen, dated July 20, 1981, in which the com- mittee urged the Town to continue to take all the actions needed to implement the traffic plan submitted by the Town to the State DPW The memo outlined TIC's current efforts to alleviate traffic difficulties in the North Lexing- ton area and set forth several recommendations for Town action at this time Mr Hutchinson read a draft letter dated July 20, 1981, from the Board of Selectmen to Commissioner Dean P Amidon, State DPW, accepting his offer of Federal Aid Funding for Phase I of the North Lexington area road improve- ments program and outlining a project schedule He asked approval of the letter and authorization to proceed with obtaining phased construction fund- ing With reference to the time phasing program as outlined by the State DPW, Mr Hutchinson pointed out that the Town would be able to propose rearrange- ment of the State priorities if subsequent engineering studies prove that action feasible Mr Hutchinson informed the Board that within 30 days, approximately $40,000 will be needed for traffic consultant fees to provide data for the Phase II construction timetable Since little or no Town money appears to be available for this need, he would ask industry for contributions He pointed out that there have been indications of financial assistance from industry and that formal commitment for money and technical aid will be sought Several representatives from businesses present, however, stated their views that -4- this funding is a Town obligation It was agreed that the Town Manager would move forward with the plan to obtain funding for consultant fees from industry and, as requested by Mr Busa, re-examine the availability of Town money for this purpose Discussion continued on the "phasing" aspect of the plan and Planning Board members present questionned whether, if State commitment to funding of the entire plan is not forthcoming at this time, improvements slated for Phase II would ever be accomplished There was also some concern ex- pressed by members of the Board of Selectmen about the State commitment to the entire project if it is to be done in phasing Mr Busa pointed out that although the State has approved funding for Phase I only, commitment to the entire program, if it is shown to be Workable,, has been Made Upon motion duly made and seconded, it was voted to approve the draft letter to Commissioner Amidon, as amended, to include the Town's reservations - regarding the State's phasing plan, accepting the offer of Federal Aid Fund- ing for the Bedford Street/Hartwell Avenue/Marrett Road Projects, Phase I Human Human Services Committee members Ruth Butler, Ruth Nablo and Stephen Services Baran met with the Board for discussion of its May, 1981 Report to the Board Committee of Selectmen, and for guidance in new goals and direction for the Committee Mrs Butler reported that the Committee has adhered to its 1979 charge as well as attempting to extend the orientation of Human Services The Committee was complimented by the Chairman for its work and for its help and guidance to the Board in obtaining funding from the 1981 Town Meeting for Human Services Mrs Butler reported that the philosophy of emphasis on prevention, facilitating involvement of all human services and as a result, in broadening the scope of "providers", makes it easier to identify specific high priority groups i e teenagers and the elderly Mr Baran suggested strengthening of the relationship of the Committee with the Board of Selectmen, Town Manager and other Human Service groups It was suggested that composition of the new committee include providers ,and more citizen representation, and that the Human Services Report be distributed to Town Meeting members next year Mr Crain expressed hope that some of the current committee members will continue on the Committee as a bridge for the new committee Mrs Battin, Mr Crain, Mrs Butler, Mrs Nablo and Mr Hutchinson will work together to prepare a draft of a new charge for the Human Services Committee CATV William Page, Chairman of the CATV Committee, and Messrs Henchy, and License Hammaker of the Adams/Russell Company met with the Board for the purpose of the signing of the final CATV License for the Town of Lexington The license, delivered to the Town Offices on July 17, were not signed upon recommendation of Town Counsel and Town Manager because insufficient time had been allowed for review of certain revisions If all stipulated material has been sub- mitted by July 27, and is found to be in compliance upon review by Town Coun- sel, the license will be acted upon on August 3 Upon motion duly made and seconded, it was voted to table the matter to August 3, 1981 Pierce, George H Pierce, 63 Valleyfield Street, and his attorney, Edwin F Valleyfield Whittemore, met with the Board to request removal of a restriction on a Street former tax title lot abutting his property which prohibits additional con- struction of a garage The tax title lot was purchased in 1976 by Mr Pierce's -5- gb Selectmen's Meeting July 20, 1981 neighbor, Ralph Masciulli, 59 Valleyfield Street, with the understanding that Pierce and Masciulli would divide the lot which lies between #59 and #63 Valleyfield Street This was accomplished by deed on January 30, 1981 The restriction in the 1976 deed from the Town allows for construction of one garage only, to be attached to Mr Masciulli's home and to extendonto the "tax title" lot Mr Pierce now wants to add similar construction to his home, which would also encroach upon the lot The Board agreed with the suggestion of the Chairman that the matter be taken under advisement Mr Pierce will be informed of the Board's decision on the matter follow- ing review and recommendation by Town Counsel A number of residents from the Adams/North Streets area were in atten- Adams/North dance to present their concerns regarding approved road improvement plans Streets for those streets Town Engineer Hanlon outlined the construction plans Improve- for road widening and a retaining wall, as illustrated on plans displayed, ments and stated that the plans are consistent with those approved by the 1980 Annual Town Meeting Mr Hutchinson gave his recommendation that the plans be implemented without further delay James Long, 149 Adams Street, distributed and read his letter to the Selectmen dated July 7, 1981, stating objections to the widening of Adams Street from Myrna Road to the Burlington line and the resultant loss of trees The letter was accompanied by a petition in opposition to the pro- ject signed by eleven residents of Adams and North Streets and Myrna Road The citizens in attendance seemed generally in favor of improvement of 11/ the intersection, but requested modification of the plans regarding the ex- tent of construction The Chairman received letters from Nancy Gibson, 97 North Street, and Julie Triessl, 94 North Street, in favor of implemen- tation of the plans as presented, and read a letter, previously received from Mr & Mrs John H. Martis, who are also in favor of proceeding with the plans With regard to loss of a maple tree within the right-of-way on the Long property, Mr Tonaszuck, Director, DPW/Engineering, stated that the tree would be replaced at an appropriate distance from the roadway Upon motion duly made and seconded, it was voted to proceed with the road improvement project at Adams and North Streets as approved under Article 20 of the 1980 Annual Town Meeting The Town Manager outlined concerns of residents related to road improve- ment plans to widen and regrade Rockville Avenue The objections are based on the proposed widening of the road and trees to be removed Town Engin- Rockville eer Hanlon explained, with display of plans, the features of construction. Avenue Ronald Goldner, 27 Rockville Avenue, distributed copies of an outline Improvement, of his reasons for opposition to the plans which contained a review of events preceding Town Meeting acceptance of Rockville Avenue in 1980 His major concerns with the approved construction plans included safety, liabil- ity, tree removals, Town standards vs resident's standards and costs Mr Hutchinson pointed out that since Rockville Avenue has been accepted under Article 18 of the 1980 Annual Town Meeting, he saw no alternative to proceeding with construction as planned Upon motion duly made and seconded, it was voted to go forward with con- struction plans for Rockville Avenue as presented by the Department of Public Works -6- Upon motion duly made and seconded, it was voted to make the follow- ing committee appointments By-Laws Comm BY-LAWS COMMITTEE Paul Newman Marthur H Kalil Sheila Klemon-Carp Stephen M. Politi Anthony L Mancini Stephen T Russian Traffic Safety TRAFFIC SAFETY ADVISORY COMMITTEE Comm Eric T Clarke Richard A. Michelson HATS HANSCOM AREA TRAFFIC COMMITTEE William"J Scouler (member-at-large) Upon motion duly made and seconded, it was voted to table appoint- ments to the Accessory Apartments Committee, the Muzzey and Adams School Conversion Committees and the Human Services Committee to August 3, 1981 Construction The Town Manager referred to a memo from Town Engineer Michael Hanlon, Easements, dated July 7, 1981, requesting taking of temporary construction easements Myrna Rd / at Adams Street and Myrna Road Adams St Upon motion duly made and seconded, it was voted to sign the taking of temporary construction easements at Adams Street and Myrna Road 1-3111/Bedford The Manager reported to the Board that the Traffic Safety Committee Sts/Traffic had investigated a request for traffic signals at Hill and Bedford Streets Signal and reported that data gathered and evaluated by the Engineering Division indicated that the intersection does not meet applicable Warrants at this time The Manager is to so inform the applicants Mrs Battin requested approval of funding in the amount of ;$134 for her attendance at the fall meeting of the Mass Municipal Association Upon motion duly made and seconded, it was voted to authorize Mrs Battin to make reservations to attend the Annual Meeting of the Mass Municipal Association in Hyannis on November 13 & 14 Executive Upon motion duly made and seconded, it was voted - 5 - 0 by roll call Session vote, Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi, to go into Executive Session for the purpose of discussing strategy with regard to Collective Bargaining negotiations, possible litigation and a matter concerning the transfer of real estate, with the intention of resuming open session After discussion, it was voted to go out of Executive Session at 10 50111 P.M. and resume open session S'S -7- Selectmen's Meeting July 20, 1981 Upon motion duly made and seconded, it was voted that the Garrity Garrity House House Committee be informed that additional proposals for restoration of the Garrity House have been received The Committee is to be instructed to notify the local newspaper that other proposals are being sought and to report to the Board of Selectmen on the responses no later than August 20, 1981 Upon motion duly made and seconded, it was voted to adjourn at 11 05 P M. A true record, Attest if 41 Marion H. Sn Principal Clerk C11' SELECTMEN'S MEETING '1 81 , August 3, 1981 i A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 3, 1981 at 7 30 P M. Chairman Buse, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mrs Banks, Acting Town Manager; Miss Casey, Executive Clerk were present Senator Rotondi and Representative Doran met with the Board to update Sen Rotondi them on the current status of the State budget Rep Doran Both legislators felt that the deep cuts proposed for the Middlesex County budget by the Legislative Committee would be approved by the legisla- ture Representative Doran informed the Board that budgetary transfer has taken place and full budgetary control has been shifted to the cities and towns The chief executive official in the cities and towns will be the only one with the statutory authority to vote, thus eliminating a designee of that official The Committee on Counties has prepared, and is in the process of approv- ing its last county budget Mr Doran stated that so far, the Committee on Counties has eliminated 127 positions including the director of tourism; 43 positions in the County Court House in Cambridge; 17 from the maintenance, 17 from the county extension service and 22 of the 39 administrative assist- ant positions in the Commissioner's office and the entire 64 member highway department The County Commissioners have been notified that the intent of the Committee on Counties is that the layoffs are effective August 1 and that if the cuts are not made until after the budget passes the Legislature in the fall, cuts will have to be even deeper Senator Rotondi stated that he will not support the proposed 60/40 formula for State aid distribution and did not feel that the proposal will pass as it would only benefit one-third of the cities and towns in the State He warned the Board that there may only be $209 million in total aid to cities and towns rather than the $221 million estimated It was the Senator's feeling that the Legislature is now more prone to deal with Proposition 2 1/2 up front now that the political posture response has occurred and after all that has happened with the budget, the Legisla- ture will be likely to talk about it more openly He feels that a substan- tial package dealing with 2 1/2 will be coming out of the Legislature very soon with more local option availabilities Senator Rotondi stated that he would hope that every municipal authority in the Commonwealth would work on one issue -- local aid He felt that the issue is very important and should not be let go another year with municipal authorities having to guess where the money is coming from. He stated that he felt that the fairest basis of any formula is what is owed -- and then take it from there -- and next year is the year to do it He offered to work with the Board on the issue The Chairman thanked Senator Rotondi and Representative Doran for their input and they retired from the meeting The Chairman read a request from M. R. Pollack & Sons for a One Day One Day Auctioneer License for August 15' Auctioneer Upon motion duly made and seconded, it was voted to issue a One Day License Auctioneer License to M. R. Pollack & Sons to conduct an auction on August 15 for Ralph D Cataldo d/b/as Cataldo Farms, 61 Bow Street 4' - 2 - One Day The Chairman read a request for a One Day Liquor License from the RAEDACC Liq Lic Association of W R. Grace & Co for August 18 Upon motion duly made and seconded, it was voted, Mr Politi abstaining, to issue a One Day Liquor License to the RAEDACC Association of W R. Grace & Co for August 18, 1981 Bond The Chairman read a request from the Town Clerk for approval of the bond Asst for the Assistant Town Clerk Town Upon motion duly made and seconded, it was voted to approve the bond in Clerk the amount of $2,000 for the Assistant Town Clerk Election The Chairman informed the Board that names had been submitted for the Officers appointment of Democratic and Republican Election Officers Upon motion duly made and seconded, it was voted to appoint thirty-seven Democratic and thirty-five Republican Election Officers The Town Clerk is to be so notified Traffic The Chairman read a request from Mrs Gabriele Stewart for a "Slow Sign Children" sign on Revere Street The recommendation from the Traffic Safety Revere St Committee was read by the Chairman which recommended a "Caution Children" sign Upon motion duly made and seconded, it was voted to accept the recommenda- tions of the Traffic Safety Committee and inform Mrs Stewart that "Caution Children" signs will be installed on Revere Street Traffic The Chairman read a request from Mr & Mrs R. Neuman for a "Stop" sign Sign on Bloomfield Street at Highland Avenue Recommendation from the Traffic Bloomfield/ Safety Committee was approval of the request Highland Upon motion duly made and seconded, it was voted to approve the installa- Ave tion of a "Stop" sign on Bloomfield Street at Highland Avenue and sign the appropriate forms submitted by the Traffic Safety Committee Board The Board discussed the request from Marion B Lennihan, President of Message Sri Chinmoy Centre, 2000 Massachusetts Avenue, Cambridge, for the Town to of honor in some way the 50th birthday of Sri Chinmoy Kumar Ghose, humanitarian Congratu- After discussion, the Board authorized the Chairman to send a contratu- lations latory message to Sri Chinmoy Kumar Ghose through Marion B Lennihan Minute Man The Board met at 8 00 P.M. with the Minute Man Commuter Bikeway Study Bikeway group to discuss the proposed transportation and recreation bikeway to be from Bedford through Lexington and Arlington to the Alewife Brook in Cam- bridge The proposed route would be on the railroad tracks through each town The Town Engineer's report indicated a review of the study which was prepared by the MAPC Mr Hanlon's report indicated that study was outlined in four sections One, a standard maintenance program including sweeping, pavement and sign repair, brush and tree trimming; two, snow plowing; and three, light repair He stated at the public hearing on May 28 that the Lex- ington DPW was not prepared to accept the bikeway maintenance program at that time because it was a policy decision of the Town Manager and Board of Select- men. Mr Tom Fortmann, who favors the proposal, indicated that the cost to the Town would be about $8,000 Mrs Banks indicated that the figure in 1981 dollars would be as high as $13,000 Selectmen's Meeting August 3, 1981 The problem of security was discussed and objections to the bikeway were registered by Lewis Aronin, 20 Ingleside Road and Robert A. Cataldo of the East Village Condominiums Mrs Banks stated that she felt that it would be difficult to patrol the paths regularly and that there would be a problem here Mr Crain expressed concern and stated that he did not see how the Board could commit itself to this project independent of the other budget considera- tions the/same Mr Politi and Mrs Battin also expressed concern and requested clarifica- tion of what was being asked of the Board and what was going to be sufficient for the Committee's purposes Mrs Banks stated that she did not feel that the Town would be commiting itself totally by indicating its support for the project in a letter to the State Department of Public Works requesting that the bikeway be included in the Transportation Improvement Program and that the Town could withdraw if desired After further discussion, the Board agreed to the request of the Lexing- ton members of MAPC working committee on the bikeway to submit a letter to the State DPW in support of the project with the option to withdraw Upon motion duly made and seconded, it was voted to send a letter to the Massachusetts Department of Public Works requesting that the Minute Man Com- muter Bikeway be included in the Transportation Improvement Program. The Board met with Chief Bergeron and some Lexington physicians who had Ambulance sent a letter to Chief Bergeron expressing disapproval of the new ambulance Policy policy wherein some patients are taken to the Lahey Clinic Dr David Singer, spokesman for the physicians, stated that no Lexing- ton physicians practice. at Lahey and cannot do so Be stated that it was the feeling of the physicians that patients are being taken to Lahey Clinic whether it is an emergency wherein seconds count or not The physicians feel that in non-emergency situations, no effort is being made to find out the patient's preference He made it clear that there was no problem with professional treatment at Lahey, but felt that it was a violation of the patient's rights to go where they can have their own doctor Chief Bergeron, after questioning by Mr Crain, stated that the percen- tage of patients being taken to Symmes has dropped from 75% to 50% since the opening of the clinic For the Month of June 50% were taken to Symmes, 31% to Lahey Clinic, 6% to Emerson, 5% to Mount Auburn, 3% to Childrens' and 1% to Waltham hospitals He explained that the EMTs attempt to honor all pa- tient requests, although prioritizing the individual's comfort and the need to get them to a definitive facility He explained that EMTs are not allowed to administer fluids, drugs or intravenous and that they attempt to keep the ambulance at its maximum availibility and that the second call that might come in may be more urgent than the first He stated that he wanted the EMTs to help determine what constitutes a real emergency and that injured people can be very poor judges He stated that the Fire Department has a large list of true emergencies that the physicians in Town had helped put together, but when a patient gets in their hands there is no medical direction He stated that they may be able to talk to the emergency room and tell them what the conditions are, but there is no protocol for a physician at the emergency room to give some dir- ections - 4 - kAAa Mrs Miley stated that the ambulance policy that was approved by the Board was instituted before the opening of Lahey Clinic and that it had not occurred to her that Lexington doctors could not treat their patients if they were taken to the Clinic She suggested that some method be devised wherein a patient, except in critical cases, be taken to the hospital where his/her Lexington physician practices Mr Crain and Mr Busa also expressed concern and felt that except for dire emergencies, the patient should have the benefit of attendance by a physician he knows Mr Crain stated that he felt that one third of the patients of the total being taken to hospitals were being taken to .a facility where their own doctors were unable to practice was high Dr Elliott Cohen, representing Lahey Clinic, stated that he is an em- ergency room physician and all patients admitted are asked if they have a doctor He said that at least 85% have no doctor in Lexington or elsewhere He stated that the policy at Lahey is to generally transfer the patient back to another hospital if it is in their best interest It was decided that Chief Bergeron would work with the physicians in reviewing the policy He stated that he felt that they needed the whole medical system to pull together on the problem and that the first interest is the concern for the patient He is to report back to the Board in about a month The Chairman thanked the physicians for attending the meeting and for their input and they retired from the meeting Guides The Chairman read a request from Neil Cronin, Director of Guides, for approval of issuance of licenses for five new andonerenewal guides Upon motion duly made and seconded, it was voted to issue the following guide licenses RENEWAL Melissa Hart 64 Bloomfield Street NEW Saul Kaplan 21 Webb Street Philip S Pedlikin 5 Coach Road Scott Levingston 358 No Emerson Rd Yoav Shorr 56 Liberty Avenue Jamey Macey 359 No Emerson Rd The Board discussed the request of James B Chase for deferrment of sewer betterment charges on Carl and Myrna Roads During discussion, it was brought out that there is a question of owner- ship of a small piece of land which lies between lots 9 and 10 The Chairman informed the Board that he had discussed the problem with the Town Manager, the Director of Public Works and the Planning Director and as there is a question of ownership and also whether or not a building permit could be issued, it was their feeling that Mr Chase should apply for a building permit and if it was denied, go to the Board of Appeals This suggestion was conveyed to Mr Chase along with the suggestion that he offer this particular parcel of land to both of the abutters to see if they would want to include it in their present lots - 5 - y ; 3 Selectmen's Meeting August 3, 1981 Mr Chase did not feel that he wanted to go the expense of trying to obtain a building permit and so requested the deferrment After discussion, the Board agreed to accept the recommendation of the Engineering Department not to grant a deferrment Upon motion duly made and seconded, it was voted to accept the recom- mendation of the Engineering Department to deny the request of James B Chase for a deferrment of sewer betterment charges on Lot #A2 at the rear of Carl and Myrna Roads Mr Busa reported to the Board that he had attended the meeting of the MBTA Adv MBTA Advisory Board, representing the Town of Lexington, and had voted in Bd Meet favor of the fare increases, but not the budget increaseg. Mrs. Battin submitted the name of Fred James to be appointed to the Center Re- Center Revitalization Committee to fill a vacancy vit Com. Upon motion duly made and seconded, it was voted to appoint Fred James Appt to the Center Revitalization Committee The Board discussed committee appointments During the discussion that Committee followed, the Board agreed to table committee appointments on the agenda Appts and to follow procedures that would include publicity that would alert the citizens of committee vacancies and enable those interested to submit names and resumes for consideration for appointment Mr Politi suggested that chairmen of boards and committees should be contacted prior to appoint- ments for their input relative to the technical and personal character of a committee and whether or not members were interested in reappointment He also suggested that the Board should review the charges to committees and also determine the necessity for continued existence of a committee He further suggested that, due to the large number of committees in exis- tence, the members of the Board could be assigned responsibility for certain committees to coordinate the process overall to see that all necessary view- points and all needed areas of expertise are represented on the committee being appointed The Board agreed to review the current procedures and Mr Politi's sug- gestions prior to next year's appointments Upon motion duly made and seconded, it was voted to table committee appointments on the agenda Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's Meeting of June 8, 1981 The Chairman read a request from the Lexington Minute Men, Inc for Battle the use of the Battle Green on September 20 for the annual installation Green of officers ceremony Upon motion duly made and seconded, it was voted to grant the request of the Lexington Minute Men, Inc for the use of the Battle Green on September 20 at 2 00 p m. for the annual installation of officers ceremony Mr Rosenberg of the Transportation Advisory Committee requested the LEXPRESS approval of the Board for route changes for LEXPRESS Upon motion duly made and seconded, it was voted to approve the follow- ing changes in the LEXPRESS routes effective September 8 1/1K - 6 - Route 1 will travel on Pleasant to Watertown St , turn left on Peacock Farm Rd , left on Mason St , make a U-turn at White Pine Lane and return to Peacock Farm Rd to complete its present route. Route 2 will turn right on Goffe Rd from Philip Rd and 111 take Worthen Rd East to Pleasant St Route 3, as it is return- ing towards the center, will take Kendall and Sherburne Roads to Winthrop Rd Route 7 will take Adams St directly to Burlington eliminating Hathaway, Brent, Suzanne and Mill Brook. Route 7 will continue to serve Diamond Jr High between 7 30 and 8 00 a m. when shool is in session. Human Sery Mrs Battin requested the pleasure of the Board regarding the draft of the Com. Charge charge to the Human Services Committee Upon motion duly made and seconded, it was voted to approve the charge to the Human Services Committee attached Chapter 497 Mrs Banks requested the Board's signatures on the 1981-82 forms for State Aid State aid on highways Upon motion duly made and seconded, it was voted to sign the 1981-82 forms accepting State aid in an amount of as yet to be determined by the Massachusetts Department of Public Works State Aid Office, District #4, in accordance with Section 14, Chapter 497 of the Acts of 1971 Sewage col Mrs Banks requested the Board's authorization for the Manager to file system grant for grant application for sewage collection system. Upon motion duly made and seconded, it was voted to authorize the Town Manager to file a grant application on behalf of the Town for sewage collec- tion system grants Ambulance Mrs Banks informed the Board that a new collection system for ambulance bills bills has been instituted but there were bills that are still not collectable and requested the Board to write them off consistent with the auditor's recommendation and the Town Comptroller Upon motion duly made and seconded, it was voted to table the request of the Town Manager to write off uncollectible ambulance bills pending further investigation Street accept Upon motion duly made and seconded, it was voted to set the dates for , requests street acceptance requests as follows September 15 cutoff date for informal requests for street acceptance October 15 cutoff date for formal petitions Accessory Upon motion duly made and seconded, it was voted to accept the charge Pts Com. to the Accessory Apartment Committee attached Charge Easements Mrs Banks requested the vote of the Board to take temporary construction Kendall Rd easements for Kendall Road Upon motion duly made and seconded, it was voted to take the temporary construction easements for Kendall Road Mystic Valley The Board discussed the request of the Mystic Valley Mental Health Associa- Mental tion to apply for State funding for Safehouse in the amount of $10,000 sub- Health Assoc ject to local match - 7 - Sys The Board expressed dissatisfaction with Mystic Valley because of its lack of communication with the Board relative to requested data and other information requested It was also felt that by endorsing the request it may result in the Town assuming responsibility for administering the funds Mrs Banks recommended that the letter be sent by the Board but not execute the agreement until such time as the Board is fully satisfied with the material received from Mystic Valley Upon motion duly made and seconded, it was voted to send a letter to the Department of Social Services indicating the Lexington plans to con- tribute $10,000 to the services of emergency shelter for youth "Safehouse" a program of the Mystic Valley Mental Health Center Association, Inc and would like to participate in the Donated Funds Program of the Department of Social Services Upon motion duly made and seconded, it was voted by roll call vote, Executive 4-0, Mr. Busa, Mrs. Hattin, Mrs Miley, Mr Crain and Mr Politi, to go Session into Executive Session to discuss matters of litigation with no intention of resuming the Open Session. Upon motion duly made and seconded, it was voted to adjourn at 11 Q5 p m. A true record, Attest idediW<;722 at.e-At- Executive Clerk I - 8 - y96 Selectmen's Meeting August 3, 1981 HUMAN SERVICES COMMITTEE CHARGE MEMBERSHIP Eight members serving staggered two-year terms Appointment by the Board of Selectmen by May 31 of each year Backgrounds to be represented human service management; planning and evaluation of human services; fiscal planning; health care and prevention; Town government; providers of human services (excluding those significantly associated with providers of human services in Lexington) ; interested citizens PURPOSE OF COMMITTEE The Human Services Committee is advisory to the Board of Selectmen In that capacity it will recommend to the Selectmen human service policies, goals and priorities It will advise the Selectmen upon issues that arise in the light of the human service policies adopted by the Town; it will, as requested by the Selectmen, oversee the implementation of those policies assuming, as appropriate, the following roles -- planning, coordination, evaluation, communica- tion The Committee will be responsible for suggesting the re- sources necessary for citizen education about human service needs and services and will be responsible for designing mechanisms for public participation in community human service issues CHARGE TO THE COMMITTEE 1 Continue to recommend human services policy and the allocation of Town resources to the Selectmen as well as provide criteria for setting goals and priorities and for making decisions The Selectmen adopt the policy emphasizing prevention recom- mended by the Human Services Committee in its May, 1981 report 2 Develop a human services planning process -- integrated inter- nally with the other Town agencies involved in human services (see attached) as well as those Town agencies involved in the Town's physical and economic planning and integrated externally with the planning done by private agencies as well as regional, State and Federal planning entities Within this very impor- tant segment of the charge lies the following tasks.. The .ex- pression, assessment and prioritization of needs; an inventory of resources and services available to Lexington citizens; identification of duplications and gaps in services; develop- ment of communication among the Town Boards and administrators involved in human services as well as providers and advocates for those in need; assessment and improvement of the planning process at the individual case level 3 Continue to analyze critically the funding requests presented to the Selectmen and the Town Meeting as well as. review and comment on requests for Town endorsement of proposed human ser- vices (A95 review) 11 4 Evaluate how effectively public and private human service agencies are responding to community needs and carrying out the Town's human services policies Recommend con- tracts to be entered into between the Town and human ser- vice agencies and organizations, designing such contracts to serve the prevention component of the human service policy while enhancing the agencies programs To this end the Committee will work with the Town administration in providing contract specifications and monitoring criteria 5 Anticipate and be responsibe to emerging community human service issues informing the Selectmen as they arise; design an information and referral process The Town Manager's office will supply staff support to this Committee The Human Services Committee shall report at least annually in writing to the Board of Selectmen and the Town Meeting no later than the end of January It shall review periodically its composition, purpose and charge, recommending changes as necessary to the Board of Selectmen ** The Role of the Town A. The Present Position Today, some human services are rendered by private organizations, some by the Town, some by state and federal agencies, many by a mixture of these The following departments, commissions and committees of the Town are already or potentially involved in the rendition of human services Health Department, Police Department, Veterans Services, Housing Authority, School Committee, Youth Commission, Council on Aging, Recreation Committee, Trustees of Public Trusts, Trustees of Cary Library Selectmen's Advisory Committees Transportation, Community Health Education, Senior Center Sites, School Sites Conversion Some of these are devoted entirely to what we define as human services; for others, human services in the sense we use the term is only a small portion of their contribution to the life of the community But all are part of the human services picture The Town directly funds a portion of the budget of some private human ser- vices organizations, such as Mystic Valley Mental Health Center and RePlace The Planning Board is inevitably involved with the areas of social, physical and economic planning. In addition, the state and private sector plan and operate programs for our citizens based on their own perceptions of local needs What is lacking is coordination and the capacity for planning and evalua- tion of these human service efforts and allocation of resources - 10 - 9g Selectmen's Meeting August 3, 1981 ACCESSORY APARTMENT COMMITTEE CHARGE 1 The Committee shall review past and present proposals regarding the existing disposition of accessory apartments within the Town of Lex- ington and propose recommendations to the Board of Selectmen and other agencies regarding any recommended changes in the existing situation for accessory apartments and also recommend a course of action re- garding future apartments within the Town of Lexington The Committee shall report back to the Board of Selectmen no later than January 1, 1982 2 The Committee shall consist of 5 members 1 One member with the knowledge of the detailed history of the Town and its'zoning and assess- ment practices 2 An attorney with knowledge of the by-laws and statutes affecting the Town of Lexington 3 A citizen with extensive building and construc- tion background and knowledge of codes affect- ing Lexington 4 Two citizens at large The Chairman shall be \ j"10,0) ° ( SELECTMEN'S MEETING August 24, 1981 11/ A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, August 24, 1981 at 7 00 p m. Chairman Busa, Mrs Miley, Mr Crain and Mr Politi; Mr Hut- chinson, Town Manager, Mrs Banks, Assistant to the Town Manager and Miss Casey, Executive Clerk were present The Chairman convened the meeting and requested an Executive Session Executive Upon motion duly made and seconded, it was voted, 4-0, by roll call Session vote, Mr Busa, Mrs Miley, Mr Crain and Mr Politi, to go into Executive Session for the purpose of discussing the reputation and character of in- dividuals present The Open Session will be resumed After discussion the Open Session was resumed Chairman Busa opened the hearing on the petition of the New England Poles Telephone & Telegraph Co and Boston Edison Company for joint pole relo- N E Tel cations in Adams/North Streets Mr Boudreau of the N E Tel & Tel Boston Ed represented the companies North/Adams A public hearing was required and notices were sent to all abutters Streets The Chairman read the recommendation from the Director of Public Works/ Engineering that approval be granted as the work is being done due to town reconstruction. No one appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted, Mr Crain abstain- ing, to grant the petition of the N E Tel & Tel and Boston Edison for joint pole relocations as follows Adams Street on the southerly side, pole 1/47 approximately 5'+ (feet) and pole 1/46 approximately 15'4- (feet) in a southerly direction; on the northerly side pole 1/44 approxi- mately 22'+ (feet) in a westerly direction Three (3) poles to be removed North Street on the southerly side, pole 70/15 approximately 20'+ (feet) in a westerly direction One (1) pole to be removed Chairman Busa opened the hearing on the petition of the Boston Edison Conduit Company for permission to install 10 feet of conduit in Bedford Street Boston Mr Chisholm of the Boston Edison represented the company Edison A public hearing was required and notices were sent to all abutters Bedford St The Chairman read the recommendation of the Director of Public Works/ Engineering that approval be granted as the work is necessary to provide service to 424 Bedford Street (Boston Properties) No one appearing in favor or in opposition, the hearing was declared closed Upon motion duly made and seconded, it was voted to grant the peti- l" tion of the Boston Edison to install conduit in Bedford Street as follows Bedford Street, southwesterly, approximately 31 feet southeast of Eldred Street, a distance of about 10 feet -- conduit Bedford Street, southwesterly approximately 236 feet southeast of Eldred Street, a distance of about 10 feet -- conduit � � - Gas Main The Chairman opened the hearing on the petition of the Boston Gas Co Boston Gas for installation of approximately 275 feet of 4 inch gas main on Grove St Co from the Bedford line to existing 4 inch main at Carriage Drive Grove St Mr Fred Colange of the Boston Gas represented the company A public hearing was required and notices were sent to all abutters The Chairman read the recommendation of the Director of Public Works/ Engineering that approval be granted as the work is necessary in order to extend service into Bedford, Massachusetts with a special condition that the trench is to be patched with 2" of binder and a 1" overlay over entire street No one appearing in favor or in opposition the hearing was declared closed Upon motion duly made and seconded, it was voted to grant the petition of the Boston Gas Company for the installation of approximately 275 feet of 4 inch gas main on Grove Street, from the Bedford Line to the existing 4 inch main at Carriage Drive One Day The Chairman read a request from the RAEDACC Association of W R Grace & Liquor Co for two one-day liquor licenses for August 27 and August 31 Licenses Upon motion duly made and seconded, Mr Politi abstaining, it was voted to grant two One Day Liquor Licenses to the RAEDACC Association of W R. Grace & Co for August 27 and August 31, 1981 Emery Park The Chairman read a request from the Lexington Firefighters Against Fire Dept Muscular Dystrophy for permission to hold annual "Fill the Boot Day" at Emery Park. Upon motion duly made and seconded, it was voted to grant permission to the Lexington Firefighters Against Muscular Dystrophy for permission to hold its annual "Fill the Boot Day" at Emery Park on Friday, September 4 from 10 00 a.m. until 4 00 p m. Liq Lic The Chairman read a request from the Lexington Council #94 Knights of Hours Ext Columbus for an extension of hours under its liquor license from 12 00 Mid- Knights of night to 1 00 a m. on Saturday, October 3 Col Upon motion duly made and seconded, it was voted, Mr Politi abstaining, to grant permission to the Lexington Council #94 Knights of Columbus for an extension of hours under its liquor license on Saturday, October 3 from 12 00 Midnight until 1 00 a m. Theatre Lic The Chairman read a request from Lexmil Theatres, Inc for approval of Renewals its Weekday and Sunday licenses Upon motion duly made and seconded, it was voted to approval renewal of the Weekday and Sunday Licenses for Lexmil Theatres, Inc for Cinema I, II and III Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of June 22 Garrity House Upon motion duly made and seconded, it was voted to table Item 6 on discussion the agenda discussion,'of. the. Garrity House with the Committee until later tabled in the meeting I L ✓ / - 3 - Selectmen's Meeting August 24, 1981 The Manager requested the approval of the Board to award the contract Test Wells for test wells to the low bidder, D L Maher Company Contract Upon motion duly made and seconded, it was voted to award the con- 82-4-E tract for Test Wells, Contract #82-4-E, to the low bidder, D L Maher Com- pany in the amount of $9,265 00 authority for the work is contained in Article 64 of 1981 Town Meeting The Manager reported to the Board that a meeting between Dr Singer, Ambulance Dr Mazur and some of the Fire Department emergency medical technicians Policy was held as a result of the Board meeting of August 3 on the ambulance policy During the meeting it was decided not to,change the existing policy but to be sure that EMT's ask the patient if they have a doctor or hospital preference If they do and it is not a life threatening emergency every effort will be made to comply with their request The doctors will con- tinue to work with the Fire Department as questions arise and will also pro- vide training for the personnel The Board met with the residents of the Rockville Avenue area to dis- Rockville cuss the reconstruction of the street Avenue The Chairman stated that the Board voted at its last meeting to go forward with the reconstruction of the street A tree hearing was held by by the Tree Warden on August 7, 1981 and under the statutes, it is the ob- i/ ligation of the Board of Selectmen to make a decision on the hearing The abutters at the hearing who had objections have been notified of the -meet- ing this evening in order to give them an opportunity to present their ob- jections to the Board Some of the residents of the Rockville Avenue area were present and reiterated their objections to the removal of 18 trees on the grounds that the trees 1) acted as noise and wind barriers, 2) provided their homes with shade and a sense of privacy and 3) added to the beauty and rural character of the neighborhood Objections were raised relative to the installation of the sidewalk, also The Manager explained that it has been the practice to install side- walks concurrently with the construction or reconstruction of streets as an economy measure After hearing the objections of all in attendance, the Board moved to go ahead with the reconstruction of Rockville Avenue and the installation of the sidewalk there Assurances were given to the residents that all pre- cautions would be given to the removal of the trees and no more than is absolutely necessary will be removed The Board met with Ms Jacqueline Lowe, representing the TIC to dis- Hartwell cuss the traffic problem again at Hartwell Avenue Ave / Ms Lowe read in its entirety the letter to the Board of Selectmen Bedford St dated August 20 from Ronald W Stutzman, Chairman, Traffic Improvement Com- mittee. The letter stated that the Committee was proceeding with a fund I - 4 - p drive and that approximately $5,000 had already been pledged in addition to the $10,000 pledged by Boston Properties The letter also incorporated two recommendations of the Committee (1) to restore the peak hour traffic patrol at the public intersection of Hartwell Avenue and Maguire Road until the road and signal projects have been completed; (2) to begin assembling the rights of way required by the construction Mr Morris of Itek reiterated his position on the traffic patrol at the location and stated that he felt it was a recognized cost of government and should be borne by the town not the businesses along the route Mr Busa pointed out that there is currently, a shortage of patrolmenin the police force and the town must first find the monies to restore the officer and then find an officer to put there Mr Hutchinson is to report on the situation at the next meeting and a decision will be made at that time Garrity House Upon motion duly made and seconded, it was voted to remove from the table the Garrity House item and resume discussion The Manager referred the Board to its copies of the report of the Chair- man of the Garrity House Committee indicating that no viable proposals had been received as a result of the ad in the Minute Man of July 30 The Com- mittee further requested that the Selectmen direct the Committee how to proceed and asked if the buildings be offered for sale for residential use on leased land Mr Crain felt that as no residential proposals had been received, the Board should go forward with what had been received Mr Politi stated that there had been no advertising for residential use involving sale of the buildings and a lease of the land which was an op- tion that he would like to see Mr Hutchinson is to contact Mrs Grady and determine it any such pro- posals had been received and invite the Committee to meet with the Board again. Upon motion duly made and seconded, it was voted to adjourn at 8 30 P M. A true record, Attest Executive Clerk i�" j /53 1 SELECTMEN'S MEETING s I �� August 31, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, August 31, 1981 at 7 30 P M Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch- inson, Town Manager; Mr Cohen, Town Counsel; Miss' Casey, Executive Clerk were present Mr Zehner, Town Treasurer, met with the Board to request approval of Treasurer a bond in the amount of $97,550 to finance the re-surfacing contract (#82-2-E) awarded to P J Keating Co Mr Zehner stated that of the eight bidders, the Middlesex Bank of Burlington was the low bidder at 7 78% Upon motion duly made and seconded, it was voted to approve the bond to the Middlesex Bank of Burlington in the amount of $97,550 at 7 78% in- terest to be dated September 11, 1981; due December 10, 1981 $63,000 to be disbursed September 11, 1981 and the balance September 18, 1981 The Chairman read a request from the Director of Guides to approve the Guide issuance of a Guide License for Jeffrey Goldman, 1 Burnham Road License Upon motion duly made and seconded, it was voted to approve issuance of a Guide License for Jeffrey Goldman, 1 Burnham Road IIIThe Chairman read a request from the Chairman of the School Committee School requesting permission for a subcommittee of the School Committee and admin- Com./ istration to meet with the Personnel Advisory Board for an exploratory dis- Personnel cussion aimed at ascertaining whether there are areas in which the Board's Adv Bd expertise could be useful to the School Department Meeting The Board felt that such a meeting should prove productive to all con- cerned and Mrs Small, Chairman of the Personnel Advisory Board and Mr Michelman, Chairman of the School Committee are to be so notified A date will be decided upon at the next meeting The Board met with the CATV Committee and Mr W C Henchy, Vice CATV Lic President of Adams-Russell to discuss the terms and conditions of the final license for CATV in Lexington. The Manager reported to the Board that all items that had been raised have been addressed and everything was in compliance with requirements of the Committee and the Board He explained that one of the original requirements was that 50% of the purchase orders for the local programming studio should be shown to the Town. He stated that this requirement was found to be unreasonable and re- quested that it be waived He explained that it would be difficult for the company to go out and buy all the equipment without first knowing if a li- cense will be granted by the Town Town Counsel had reviewed all the motions and statements and believed it adequately protected the Board's interest and the Town's to ensure that Adams-Russell meets all the Town's expectations ll Mr Crain asked when, reasonably, after the signing of the license would Adams-Russell feel that the equipment be purchased Mr Henchy stated that the studio would be operational within 12 months I bVI - 2 - of the date of the issuance of the final license and with perhaps 3 or 4 months lead time on the material and 5 to 6 months to assemble and install Mr Busa requested clarification of paragraph 3 in Mr Henchy's letter of August 18 Mr Henchy stated that the paragraph should read "Adams-Russell has budgeted $50,000 " gper year in 1980 dollars for local programming Mr Crain asked what the standard was to establish the 1980 dollars Mr Henchy stated that the original questionnaire said that we would pledge $50,000 in 1980 dollars What is meant is that we are prepared to adjust the budget by the consumer price index Mr Cohen requested that Mr Henchy initial the change in the letter and in the copies, which he did The following motions were made and voted upon by the Board Upon motion duly made and seconded, it was voted that, after receiving assurances of the continuing commitment of Adams-Russell Co , Inc to the development of excellent local origination access facilities of the type and quality proposed in the company's initial application and required by this town's provisional and proposed final CATV licenses, the Board of Selectmen as issuing authority waive the requirement of § 5 (1) of the provisional license that Adams-Russell prove that it has issued purchase orders for a majority of the equipment to be installed in its local origination access facilities Upon motion duly made and seconded, it was voted that the Board of Select- men as issuing authority find Adams-Russell Co , Inc to be in substantial compliance with each of the prerequisites for issuance of a final license set forth in § 5 of the town's provisional license Upon motion duly made and seconded, it was voted that pursuant to its authority under G L c 166A and 207 CMR 3 05, the Board of Selectmen as issuing authority hereby grant Adams-Russell Co Inc a final CATV license for the Town of Lexington, Massachusetts in the form agreed to by the parties and endorsed by the Selectmen Upon motion duly made and seconded, it was voted to adopt the following statement NOTICE OF GRANT OF FINAL LICENSE TO CONSTRUCT AND OPERATE A CATV SYSTEM IN LEXINGTON, MASSACHUSETTS Pursuant to the regulations of the Massachusetts' Community Antenna Television Commission, 207 CMR § 3 05 (4) , the Board of Selectmen of the Town of Lexington, has approved the grant of a final license authorizing Adams-Russell Co , Inc of Waltham, to construct and operate a cable television system in Lexington The Selectmen hereby certify that Adams-Russell Co , Inc has substantially complied with the requirements of 207 CMR s 05 (1) The final license as granted by the Selectmen is substantially iden- tical to the terms contained in the provisional license approved by the Selectmen on March 30, 1981 Several minor changes were made for purposes of clarification A sentence was added to section 2 of the final license to specify the licensee's obligation to extend its cable system pursuant to the terms of the final license to newly de- veloped subdivisions or other areas of the town within six months of the installation of telephone or electric service to such areas A copy of the final license and of various documents submitted to establish compliance with 207 CMR i 3 05 (1) are on file with the town clerk and will be filed with the Massachusetts CATV Commission - 3 - Selectmen's Meeting August 31, 1981 The Chairman thanked Mr Page and his committee for their eight years of work in preparation for the signing of the final license Mr Henchy thanked Mr Page and the Board for the opportunity to serve Lexington They retired from the meeting Upon motion duly made and seconded, it was voted to increase the Street Street Resurfacing & Paving Contract #82-2-E by $32,917 awarded to P J Keating Resur & Company, Lunenburg, Mass Paving The Board discussed the request of Mr Morris of Itek to assign a Hartwell police officer at Hartwell Avenue/Maguire Road intersection Ave/ The Manager recommended authorization for the rest of the fiscal year Maguire only, a temporary return of the officer Road Mr Crain was not in favor of voting the return of the officer on a temporary basis Upon motion duly made and seconded, it was voted to table the request of Mr Morris for assignment of a police officer at Hartwell Avenue/Maguire Road intersection pending information from the Manager relative to accidents there and whether or not this will be done on a day to day basis and if specific days will be specified for a specified time Upon motion duly made and seconded, it was voted to abate the following Abate- water assessment charges ments Water J Krochalis, 92 Fifer Lane $27 50 Incorrect reading/customer H. Rogowitz, 18 Blueberry Lane 33 75 Estimate adjusted M. Kohler, 17 Moon Hill Rd 22 50 Estimate adjusted K. Simon-Petersen, 6 Westminster 85 50 Incorrect reading/customer J English, 15 Lockwood Rd 11 25 Estimate adjusted Mrs Battin requested approval for attendance for dinner meeting of Mrs the Middlesex County Selectmen's Association on September 23, 1981 Battin Upon motion duly made and seconded, it was voted to approve Mrs Battin's Middlesex attendance at dinner meeting of the Middlesex County Selectmen's Association Sel on September 23, 1981 Assoc Upon motion duly made and seconded, it was voted 4-0, by roll call vote Executive Mrs Battin, Mrs Miley, Mr Crain and Mr Politi, to go into Executive Session Session for the purpose of discussing a. matter of litigation with no inten- tion of resuming the open session. Upon motion duly made and seconded, it was voted to adjourn at 8 55 P.M A true record, Attest igiutte;e2%> 00—tr Executive Clerk A SELECTMEN'S MEETING cl September 14, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 14, 1981 at 7 30 P.M. Mrs Battin, Mrs Miley, Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Mrs Banks, Assistant to the Town Manager; Mrs Snow, Principal Clerk, were present Mrs Battin chaired the meeting in the absence of Mr Busa Mrs Battin opened the hearing on the petition of the N E Telephone Conduit, Lawn Company and Boston Edison Company for permission to install conduit in Avenue, Public Lawn Avenue 38+ feet from existing pole 441/2 to private way, necessary Hearing to provide electric and telephone service to a private WaY., Underwood Lane Mrs Battin explained that a public hearing was required and that abuttors had been notified Mr Woodrow of the N E Telephone Company and representing Boston Edison Company, explained that the installation would provide telephone and electric service for 12 new homes in Trodden Path subdivision. A recommendation for approval had been received from the Director of Public Works and Engineering Upon motion duly made and seconded, it was voted to grant permission to the N E Telephone Company and the Boston Edison Company to install conduit in Lawn Avenue, on the westerly side approximately 38 feet from existing pole 441/2 to private way, Underwood Lane Report from the Center Revitalization Committee, dated September 11, Center Revit- 1981, on "Recommended Parking Implementation Action" and memorandum from alization Mr Tonaszuck, dated September 11, 1981, which accompanied proposed amend-Comm Report ments to the Traffic Rules and Orders, were filed with the Board of Select-on Parking men Mr Tonaszuck briefly reviewed, on a color coded plan of the Lexing- Plan ton Center area, the parking changes proposed in the Implementation Plan and projected a time schedule for the work involved It was agreed that review and discussion of the material filed would be deferred to the Select- men's meeting on October 5, and that action on the plan would take place at the October 19th meeting Town Meeting members in the precincts whose resi- dential streets abut the area, and the Chamber of Commerce, will be notified of the October 5th meeting Citizen attendance will be invited by newspaper coverage Upon motion duly made and seconded, it was voted to approve the re- Sewer charge quest of the Director of Public Works and Engineering to abate the abatement following sewer charge in lieu of betterments Rose-Mal Development, 80 Rose-Mal Dev Hayden Avenue, in the amount of $3,250 71 The construction will be at 80 Hayden Ave no cost to the Town Upon motion duly made and seconded, it was voted to approve the re- Water charge quest of the Director of Public Works and Engineering to abate the follow-abatement ing water charge in lieu of betterments Rose-Mal Development, 80 Hayden Rose-Mal Dev Avenue, in the amount of $441 00 The work will be done at no cost to 80 Hayden Ave the Town Upon motion duly made and seconded, it was voted to approve the re- Sewer Better- quest of the Director of Public Works and Engineering to sign Sewer ment Assess- ments -2- Betterment Assessments for the following streets Amherst Street Glen Road South Hayward Avenue Grant Street Fairview Avenue Lowell Street Chadbourne Road Maple Street Concord Avenue Meriam Street Maple Street North Street Pleasant Street Oakland Street Edgewood Road Somerset Road Minutes, Upon motion duly made and seconded, it was voted to approve the May 12 and minutes of the Selectmen's Meeting on May 12, 1981, and to approve as July 6, 1981 corrected, the minutes of the meeting on July 6, 1981 The Board reviewed the request of Arlington Town Manager Donald R Marquis in a letter dated August 31, 1981, for support of House Bill 7095 relative to Local Aid Distribution Mrs Battin briefly reviewed the bill filed to establish a local aid floor of 40% and a ceiling of 60% of a municipality's tax loss under Proposition 21/2 She mentioned that Senator Rotondi had expressed reservations with the bill in its present form and with the timing of its filing, though he considers the existing distribution formula to be an unfair one Upon motion duly made and seconded, it was voted to inform Mr Mar- quis that the Lexington Selectmen would support measures for a more equitable distribution formula, which should be worked out at a future session of the Legislature, but would not support House Bill 7095 as filed this year MBTA Opera- Mrs Battin referred to the notice of public hearing on September 18 ting Assis- to be held by the MBTA concerning its Operating Assistance Projects She tance Pro- noted that Robert Cataldo had been designated to attend the hearing in gram Mr Busa's stead, and requested the Board's position on the MBTA applica- tion for federal assistance in the amount of $29,217,340 The members ex- pressed support of the MBTA Operating Assistance Program and its applica- tion to the Urban Mass Transportation Administration for federal operating assistance Mr Cataldo will be informed of the Board's position by Mr Hutchinson NESWC Mtg Mr Hutchinson reported that both he and Mr Tonaszuck will attend 9/17/81 the North East Solid Waste Committee meeting on September 17 Tennis Court Mr Hutchinson recommended that the contract for tennis court recon- resurfacing struction and resurfacing be awarded to the lowest bidder, E B Rotondi & reconstruc- and Sons, Inc tion Upon motion duly made and seconded, it was voted to award the contract Contract for tennis court resurfacing and reconstruction at Centre Playground, Adams #85-5-E School Playground and Valley Road Courts to E B Rotondi and Sons, Inc , 224 Forest Street, Winchester, Mass - Contract #85-5-E, in the amount of $31,022 Mr Hutchinson requested the Board's approval of expenditure of addi- tional funds under Contract #81-7-E, for construction of a retaining wall at Long property, 149 Adams Street Upon motion duly made and seconded, it was voted to approve the expen- diture of additional funds in the amount of $1,169 60 for construction of a separate retaining wall at #149 Adams Street; Contract #81-7-E in the L. ) -3- Selectmen's Meeting September 14, 1981 amount of $16,575 to be increased to $17,744 60 - appropriation author- ized under Article 20, 1980 The Town Manager requested approval of the award of the contract Comprehensive for Phase IV of the Town Wide Drainage Study to the firm of Camp, Dress- Drainage er & McKee, Inc Study,Phase IV Upon motion duly made and seconded, it was voted to award the con- tract and to execute the agreement for Phase IV of the Comprehensive Drainage Study of Hardy's Pond and Hobbs Brook Drainage Basin to Camp, Dresser & McKee, Inc , in the amount of $50,000 as appropriated under Article 48 of the 1981 Annual Town Meeting The Town Manager requested approval of the award of the contract Field Survey for field surveys for sanitary sewers to the firm of Linenthal, Eisen- Sanitary berg, Anderson, Inc , the lowest bidder Sewers Upon motion duly made and seconded, it was voted to award the con- tract for field surveys related to the remaining sanitary sewer contract to the firm of Linenthal, Eisenberg, Anderson, Inc in the amount of $16,750 Upon motion duly made and seconded, it was voted to sign Contract Test Wells #82-4-E, Test Wells - awarded on August 24, 1981, and under the authori- Contract ty of Article 64 of 1981, with D L Maher Company, 71 Concord Street, #82-4-E North Reading, Mass , in the amount of $9,265 00 Mr Hutchinson requested the Board to designate the firm of BSC Engin-N Lexington eering as the consultant for engineering services regarding traffic im- Traffic provements in North Lexington, and to authorize him to negotiate a con- Improvements tract with BSC, subject to review of the Comptroller and Town Counsel of BSC Engr the appropriate funding vehicle regarding donations of funds from pri- vate industry Upon motion duly made and seconded, it was voted to designate the firm of BSC Engineering, 263 Summer Street, Boston, Mass , as the con- sultant for engineering services regarding traffic improvements in North Lexington, and to authorize the Town Manager to negotiate a contract with BSC Engineering Mr Hutchinson asked direction from the Board regarding requests to Classification him that an informational meeting of the Selectmen with the Board of of Property Assessors be held to review the issue of classification and to hear citi- zen input on the subject Mrs Battin noted receipt of a letter to the Selectmen dated September 14, 1981, from Suanne Dillman, Town Meeting mem- ber, Precinct 3, requesting such a meeting It was agreed that, rather than scheduling a joint infcifmational meeting with the Assessors at this point, the Assessors would be requested to hold a public informational meeting on the issue Subsequent to that meeting, the recommendations of the Assessors, to reflect and include input from citizens, will be trans- mitted to the Selectmen for consideration The Selectmen will then hold at least one informational meeting with the Assessors to which the public will be invited Mr Politi asked for clarification of procedural methods regarding _ Margery M the appointment of Mrs Battin as chairman of the meeting in Mr Busa's Battin, absence He felt that rather than designation by the chairman of an Acting Chair- man ° � -4- acting chairman, the Board should have been polled on the matter He objected to the procedure, not the selection Mrs Battin explained that tradition- ally, the senior Selectman would be appointed by the Board as acting chair- man but that in this instance there had been no opportunity for such action at a meeting She agreed that the polling procedure, with ratifying vote at the next meeting, would have been appropriate and felt that it was a good idea to have a policy for such situations Upon motion duly made and seconded, it was voted to appoint Margery M. Battin as Acting Chairman for the duration of Chairman Busa's absence Mr Hutchinson referred to the Middlesex County Advisory Board meeting to be held on September 24 and pointed out the importance of attendance of a voting member to represent Lexington Mrs Battin, as Acting Chairman, will attend the meeting Mr Cohen requested the signing of three documents and the action of the Board was as follows Deed,Order Upon motion duly made and seconded, it was voted to sign the deed con- of Taking, veying 141 lots in the Meagherville section to the Conservation Commission Meagher- as authorized under Article 47 of 1977 ville Lots Upon motion duly made and seconded, it was voted to sign the order of taking relating to 38, lots in the Meagherville section owned by the Town and being transferred to the Conservation Commission Construction Upon motion duly made and seconded, it was voted to sign the order of easements, taking relating to temporary construction easements on Kendall Road Kendall Rd Mr Hutchinson pointed out that Mrs Banks was attending her last Nancy Banks Selectmen's meeting as Assistant to the Town Manager before leaving Lexing- ton for her new position as Town Manager of Acton She was thanked by the Acting Chairman on behalf of the Board and Townspeople and by the Town Manager for her service and dedication to the Town There was no executive session Upon motion duly made and seconded, it was voted to adjourn at 8 27 P.M. A true record, Attest 481"1/1, 414110---. Marion H Snow Principal Clerk \ > .,°� 4`ti\ 1` SELECTMEN'S MEETING September 28, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 28, 1981 at 7 30 P.M. Acting Chairman Battin, Mrs Miley, Mr Crain and Mr Politi; Mr. Hutchinson, Town Manager; Mrs Banks, Assistant to the Town Manager; Miss Casey, Executive Clerk were present The Board met with the Garrity House Committee to again discuss the Garrity problem of rehabilitation of the Garrity House property House Mrs Grady, Chairman of the Committee, requested approval of the Board to offer the buildings for sale on leased land and notify the local realtors to this effect. The Board agreed Upon motion duly made and seconded, it was voted to approve the request of the Garrity House Committee to advertise the sale of the Garrity House property on leased land Mrs Grady submitted the name of Margaret Brooke, 26 Hancock Street for Garrity appointment to the Garrity House Committee House Mr Politi objected to the appointment stating that from statements Com. Appt that Mrs Brooke had made, he felt that she would not be as objective as he felt a member of the committee should be Upon motion duly made and seconded, Mr Politi voting "NO" it was voted to appoint Mrs Margaret Brooke, 26 Hancock Street, to the Garrity House Committee Upon motion duly made and seconded, it was voted to grant permission Battle to the Lexington MinuteMen, Inc for the use of the Battle Green for Green Colonial Music practice and membership enrollment on October 5 and October 12 from 6 30 P M. until 8 00 P M. Upon motion duly made and seconded, it was voted to grant permission Battle to the Christian Broadcasting Newwork to video-tape on the Battle Green on Green October 22 from 11 00 A.M until 2 00 P.M. Upon motion duly made and seconded, it was voted to accept the resigna- Resigna- tion of Joanne G Small from the Personnel Advisory Board, effective tion immediately Per Ad Bd Upon motion duly made and seconded, it was voted to approve the bond Bond for the Assistant Treasurer in the amount of $43,000 Upon motion duly made and seconded, it was voted to remove the follow- ing restriction from the deed on tax title Lot 26, Map 24, Valleyfield 3) Street, to George H and Mary A. Pierce and sign the release 4 ` 1 - 2 - 1` ) "This conveyance is made subject to the restriction that said lot shall be combined with the adjacent lot owned by the grantee and that for a period of ninety-nine (99) years from the date hereof no building shall take place on said lot except for the construction of a garage attached to the existing dwelling on the adjacent lot, such garage to extend onto such lot no more than fourteen feet plus any overhang therefrom and to be in compliance with all rules and regula- tions of said Town;" TMMA The Board discussed the letter from the Chairman of the TMMA in which he suggested that the Board of Selectmen and Assessors participate in a discus- tion at an informational meeting scheduled by the Executive Board of the TMMA on revaluation and reclassification The Manager informed the Board that he had spoken to Mr Zal±n on Friday and explained that the Board of Assessors will be holding an informational meeting consistent with the direction of the Selectmen and Town Manager to explain revaluation He pointed out that the assessors have an administra- tive and statutory responsibility to the Town to hold this meeting and sug- gested that the TMMA Executive Committee attend this meeting and be cooperat- ing participants A tentative date of October 29 has been set for this meet- ing Mr Zabin is to be so informed The Manager further advised the Board that he and the Comptroller will be meeting with the Town Meeting Members Association to explain the budget process Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of July 20, as corrected, showing an amount of $128 00 instead of $134 00 for the Mass Municipal Association meeting for Mrs Battin's attendance Sewer Acting Chairman Battin read a request from the Director of Public/Works Betterments Engineering to sign sewer betterment assessments Upon motion duly made and seconded, it was voted to sign the sewer better- ment assessments for Bird Hill Road, Carville Avenue, Davis Road, King Street, Meadow Brook Ave /Wellington Lane Ave , Robinson Road, Rockville Avenue, Round Hill Road and Winship Road HUD Upon motion duly made and seconded, it was voted to authorize the Town Contract Manager to sign the annual contributions contract for the Lexington Housing Authority with HUD for the elderly housing project at Countryside Tennis Upon motion duly made and seconded, it was voted to sign the contract Court for the tennis court reconstruction and resurfacing #82-5-E in the amount of Recons Con $31,022 02 awarded to E B Rotondi & Sons, Winchester, Mass Authority for the work is contained in Article 65 of 1981 Annual Town Meeting Orders of Upon motion duly made and seconded, it was voted to sign the Orders of Taking Taking for Apollo Circle and Kendall Road Street Acceptance I - 3 - jra Selectmen's Meeting September 28, 1981 I The Manager informed the Board that Town Counsel had requested that Conservation the Board sign the deed for the conservation easement and restriction on Easement land given to the Town by Harwell Avenue Realty Trust Hartwell Ave Upon motion duly made and seconded, it was voted to sign the deed Realty Trust between Alfred P Tropeano and Wilbur C Nylander, Trustees of Hartwell Avenue Realty Trust under Declaration of Trust dated November 1, 1962, for a conservation easement and restriction on land given to the Town The Manager requested an Executive Session to discusscollective bargaining strategy Mr. Politi objected to the Executive Session stating that it was his personal and legal opinion that the collective bargaining exception for Department of Public Works, Fire and Police to the open meeting law did not extend to include management personnel salary matters, which would also be discussed The Manager stated that he would be more than glad to confine his re- marks to Police and D P W data, subject to Mr Politi reviewing legal de- cisions of counsel and also of the Commonwealth of Massachusetts that do state that non-union matters de impact on collective bargaining The Manager is to provide copies of the legal decisions he referred to and the matter is to be referred to Town. Counsel for his recommendations for the next meeting Upon motion duly made and seconded, it was voted 4-0 by roll call voted, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi, to go into Execu- tive Session for the purpose of discussing Police and D P W issues that are acceptable Upon motion duly made and seconded, it was voted to go out of Execu- tive Session and adjourn at 9 00 P M. A true record, Attest KK/LI Executive Clerk ", ° / 3 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 - 2 l' � 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 -3- S 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 -4- 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 %t` I t SELECTMEN'S MEETING October 19, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, October 19, 1981 at 7 30 P.M. Chairman Busa, Mrs Battin, Mrs Miley and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Executive Clerk were present The Chairman opened the hearing on the request of the N E Tel & Tel Pole and Boston Edison Co for a joint owned pole relocation in Warren Street Loc The Chairman read the report from the Department of Public Works recommending Warren approval No one speaking in favor or opposition, the Chairman declared the St hearing closed Upon motion duly made and seconded, it was voted to approve the peti- tion of the N E Tel & Tel and Boston Edison Company for a joint pole relocation as follows Warren Street on the northerly side approximately 2'± (feet) in a westerly direction Pole 107/6, one (1) pole to be removed The Chairman opened the hearing on the request of the N E Tel & Pole Tel and Boston Edison Co for a joint owned pole relocation in Lowell St Loc The Chairman read the report from the Department of Public Works Lowell recommending approval No one speaking in favor or opposition, the Chair- St man declared the hearing closed Upon motion duly made and seconded, it was voted to approve the peti- tion of the N E Tel & Tel and Boston Edison Company for a joint pole relocation as follows Lowell Street on the southerly side approximately 6'+ (feet) in an easterly direction pole 58/118, one (1) pole to be removed The Board met with the Center Revitalization Committee to discuss Center questions raised at last week's meeting relative to the proposed parking Parking plan. Mr Tonaszuck, D P W Director explained that he had again assessed the situation at Forest and Waltham Streets as requested by Mrs Hoadley He recommended, that a "No Parking" sign be erected indicating no parking from Mrs Hoadley's driveway to Forest Street because of a severe sight restriction. He recommended that the 75C charge at Meriam Street Lot not be changed; if there is a demand for bus service stop at Muzzey School, it will be coordinated with bus company He felt that the drop-off problem at the Children's Center across fromthe Police Station will not exist at the time of implementation of the new plan due to the two-hour restriction He suggested revaluation of the fee for space at Muzzey School to 25c per day and felt it was necessary to restrict parking from 6 00 a m to 10 00 a m. in front of the Green allowing sufficient time for tourists arriving within the restricted period He informed the Board that the towing regulations have been incorporated into the parking regulations, each lot itdentified as a "tow zone", will be assigned for towing, he stated that by adopting the regulations, that towing from the private lots could be enforced - 2 - r The Manager stated that the Town was not geared to get into a residen- tial parking program Mr Busa expressed concern about putting parking regulation signs in the congested areas and felt that it should be tested before putting up signs The Manager stated that they would work diligently in order to prevent over signing in the area Mrs Rutishauser of 6 Forest Street asked if the Town had the right to put up signs in residential areas The Manager informed her ,that the Town did have this right and that everything would be done not to impact a neighborhood with signs Upon motion duly made and seconded, it was voted to table the request of the Center Revitalization Committee to sign the Center Parking regulations form. Hartwell Dr Julian J Bussgang, President of Signatron, Inc met with the Board Ave Bed- to present to the Selectmen a check in the amount of $21,000 collected in the ford St LCC Traffic Improvement Fund drive This represented donations from Amicon Traffic Corporation, Harvey Electronics, Hewlett Packard Company, Instrumentation fund Laboratory, Inc M I T Lincoln Laboratory, Nolan, Norton & Company, ROLM of New England, Signatron, Inc , Unitrode Corporation and Boston Properties The money is to be used to defray the expenses of a consulting engineer to provide the technical assistance necessary to obtain approval of the design concept for Phase I of the Bedford Street/Hartwell Avenue project The Chairman thanked Mr Bussgang for the interest and cooperation shown to the Town by the firms and promised that the Town would do its part to have the project completed as soon as possible Upon motion duly made and seconded, it was voted to accept a check in the amount of $21,000 from members of the Lexington Chamber of Commerce Traffic Improvement Committee to be expended on the Bedford Street/Hartwell Avenue project Lex Emblem The Chairman read a request from the Lexington Emblem Club No 385 to Club proclaim October 28 as President Eleanor Sebek Day Upon motion duly made and seconded, it was voted to authorize the Chairman to send a letter of welcome and good wishes to President Eleanor Sebek through Mrs Vivian Burns who requested the proclamation. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meetings of August 3 and August 24 with a requested cor- rection on the minutes of August 3 Hartwell Ave Upon motion duly made and seconded, it was voted to authorize the Town Bedford St Manager to execute the contract between the Boston Survey Consultants, Inc Contract and the Town of Lexington on the Bedford Street/Hartwell Avenue/Marrett Road project. Employee The Manager requested the Board to proclaim October 22 as Employee Recognition Recognition Day and sign proclamation to be presented to employees who have Day served the Town for twenty-five years or more. Upon motion duly made and seconded, it was voted to proclaim October 22 as Employee Recognition Day and sign the proclamation - 3 - , Selectmen's Meeting October 19, 1981 111 Upon motion n duly made and seconded, it was voted to ratify the expendi- School ture of $1,651 76 by the School Committee for the year 1980-81 year over the Committee $10,000 limitation set under Chapter 71, Section 37E of the General Laws of the Commonwealth. Upon motion duly made and seconded, it was voted to approve the follow- Committee ing Town Manager committee appointments Appts Ronald Wells to the Youth Commission, Edward Donnelly and Roland Gubisch to the Historical Commission and the reappointment of Arnold S Green and Barbara Rubin to the Council on Aging The Board discussed the letter from Judith Ozuransky of the Lexington Arts Council for the Arts relative to clarification of its status as a Town com- Council mittee and the solicitation of funds The Manager recommended that a letter be sent from the Selectmen's Office informing Ms Ozuransky that the Council was an agency of the Town and could act in its name It is to be pointed out that no funds may be solicited in the name of the Town as all funds received must go through the Board of Selectmen and then be deposited in the Town Treasury; no door to door solicitation should be engaged in but people who would like to make a donation could be encouraged to do so These funds could be designated for use by the Council and disbursement would be through the Board of Se- lectmen The Board agreed and a letter is to be sent from the Selectmen's Office to this effect Mr Cohen requested the Board's signature on the conservation ease- Conserva- ment for the Kiln Brook Office Park construction tion Upon motion duly made and seconded, it was voted to sign the conser- Easement vation easement for the Kiln Brook Office Park construction Kiln Brk. There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 8 50 p m A true record, Attest Executive Clerk s_ rt .2 v }, rl/��'r SELECTMEN'S MEETING October 26, 1981 A regular meeting, of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, October 26, 1981 at 7.30 P.M Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch- inson, Town Manager; Mr Cohen, Town Counsel and Miss Casey, Executive Clerk were present The Chairman convened the meeting and called on the Town Manager to give Center an update on the questions raised at the last meeting ralativa to the imple- Parking mentation of the new parking regulations Mr Hutchinson informed the Board that the posting of signs in the resi- dential areas does not take effect until the signs are actually posted A day-today report will be given on the postings and it will be monitored closely to determine the necessity of signs He explained that he does not expect a full return on the lots that are being leased, but felt that some element of subsidy in the beginning will have to be borne in order to get more revenue He informed the Board that he had spoken to the Police Chief regarding police surveillance to enforce the program and the Chief will provide the man- ning necessary, particularly in the beginning, to enforce the plan The Chief is to determine what type of manning will be used Mr Politi made a motion to amend the Parking Plan to prohibit the Town from leasing spaces on privately owned property at a fee less than the fee to the cost of the Town He felt that after going out and negotiating these private properties, making spaces available to the public that the Town should not take a loss, no matter how small Mr Crain seconded the motion for the opportunity for discussion Mrs Battin stated that the Committee had made a commitment to Town Meet- ing to provide spaces for the displaced motorists and that by acquiring these lots this would fulfill the obligation She pointed out that it would be on a yearly basis, and would not have to be renewed After further discussion, the Chairman requested Mr Politi to repeat his motion and Mr Crain stated that while he had seconded the motion for the pur- pose of discussion, he felt that he could not support it The motion was not carried Upon motion duly made and seconded, it was voted, to adopt the Parking Rules and Regulations in order to implement the Lexington Center Parking Plan as outlined in the Summary dated September 15, 1981 with an amendment to the Belfrey Lot to permit parking Monday through Saturday The Chairman thanked Mrs Battin and the Committee for the work put into the project Upon motion duly made and seconded, it was voted to approve the minutes Minutes of Selectmen's meetings of August 31 and September 14 Chairman Busa welcomed the School Committee, Appropriation Committee, School, Capital Expenditures Committee to review the Town financial status He Approp , recognized Town Manager Hutchinson and Superintendent of Schools, John Lawson, Cap Exp who both made a brief presentation regarding current budget considerations Committees and future budget considerations Town Manager Hutchinson reviewed the tax rate and tax levy limitations on Proposition 21. Town .Manager Hutchinson com^ mented that the budget would emphasize capital if our financial picture remains healthy Dr Lawson reviewed continued declining enrollment in the school system; estimated to be 20% in the next three years, He pointed out that he and Mr Hutchinson had marked some areas for consideration for consoli- dation, that is, telephone operation, school municipal business, school/ town maintenance, personnel for non-professional position, health, librar- ies and data processing Mr Hutchinson commented he will file the budget in December Mr Dailey of the Appropriation Committee asked that they have as much information as possible as they complete their review Chairman Busa thanked everyone for cooperating and said we look for- ward to another productive year He then adjourned this portion of the meeting The meeting reconvened after discussion with the Financial Committees Water Mains The Manager requested the Board to award the contract for construction Contract and installation of water mains to C DiMartino & Sons, the lowest bidder Upon motion duly made and seconded, it was voted to award the contract for Water Main Construction - Contract #82-3-E to C DiMartino & Sons, Inc , 63 Hawktree Drive, Westwood, Mass in the amount of $195,752 50 Grant The Manager requested authorization for the application for the grant Water Rehab for water rehabilitation from the Department of Environmental Quality Eng Upon motion duly made and seconded, it was voted to authorize the Town Manager to apply for the Grant for Water Rehabilitation from the Department of Environmental Quality Engineering Police Mr Hutchinson reported on the police officer issue at the Itek site Detail Given the considerations that 1) we have six new police officers; 2) it will Itek cost approximately $7,000 to conclude this fiscal year to have an officer at that intersection, 3) it is a legitimate alternative while in the process of expediting the Marrett Road planning, he recommends continued funding of that intersection through FY 82 Mr Busa asked for a motion to authorize the Manager to put an officer back on that slot Mr Crain pointed out that it was an administrative decision to discuss the detail of a police officer and no motion was in order Mr Busa expressed the support of the Selectmen in having Mr Hutchinson make such a decision The Manager requested executive session regarding the negotiations of the transfer of real estate Upon motion duly made and seconded, it was voted 5-0 by roll call vote, Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi to go into Executive Session for the purpose of discussing negotations of the transfer of real estate, with no intention of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 9 15 p m. A true record, Attest l j)/ (tt <,el01' 4, A A' Executive Clerk (\._/)1/4,\k SELECTMEN'S MEETING November 2, 1981 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 2, 1981 at 7 30 P M Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch- inson, Town Manager; Mr Cohen, Town Counsel and Miss Casey, Executive Clerk were present The Chairman opened the hearing on the petition of the N E Tel & Pole Loc Tel Company and Boston Edison Company for a joint owned pole relocation Bedford St in Bedford Street Mr Boudreau representing the N E Tel & Tel Co N E Tel & and Mr Kelley representing the Boston Edison Company were in attendance Bos Edison Mr Busa read the recommendation of the Director of D P W recom- mending approval of the petition. No one speaking in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, Mr Crain abstaining, it was voted to approve the petition of the N E Tel & Tel Co and Boston Edi- son Company for a joint owned pole relocation as follows Bedford Street on the southerly side, approximately 80'+ (feet) north of pole 6/91, (1) one pole #6/92, (1) pole to be removed The Chairman opened the hearing on the petition of the Boston Edison Conduit Company for permission to install approximately twenty-five feet of con- Bedford St duit in Bedford Street Mr Kelley representing the Boston Edison Company Bos Edison was in attendance Mr Busa read the recommendation of the Director of D P W recom- mending approval of the petition No one speaking in favor or in opposition, the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to approve the peti- tion of the Boston Edison Company for permission to install conduit in Bedford Street as follows Bedford Street, northerly approximately 73 feet west of Glen- dale Avenue, thence turning and running westerly a distance of about 25 feet -- conduit The Chairman read a request from the N E Tel & Tel Co for a Pole Loc proposed sole Telephone Company pole location in Woburn Street No hear- Woburn St ing is required N E Tel Mr Busa read the recommendation of the Director of D P W recom- mending approval Upon motion duly made and seconded, it was voted, Mr Crain abstain- ing, to approve the petition of the N E Tel & Tel Co for the follow- ing pole location Woburn Street on the westerly side, approximately 354'4- (feet) 54'+(feet) north of Utica Street pole #114/32 No new pole to be set - 2 - Resignation Upon motion duly made and seconded, it was voted to accept the resig- CATV Com. nation of Martha Wood from the CATV Committee Beano Lic Upon motion duly made and seconded, it was voted to approve the application of the Lexington Lodge of Elks #2204 for renewal of its Beano License to expire October 31, 1982 Minutes Upon motion duly made and seconded, it was voted to approve the minu- tes of the Selectmen's meeting. of September 28 as submitted and October 5 as corrected Gift Upon motion duly made and seconded, it was voted to accept the gift of an American flag to the Town by Mr & Mrs George E Williams, 18 Kendall Road Town Elec Upon motion duly made and seconded, it was voted to call the Annual Town Election Day on Monday, March 1, 1982 with polling hours of 7 00 a m. to 8 00 p m. Town Meeting Upon motion duly made and seconded, it was voted to call the Annual Town Meeting on Monday, March 22, 1982 at 8 00 p m. in Cary Memorial Hall Warrant Upon motion duly made and seconded, it was voted to close the Warrant on Wednesday, December 30, 1981 at 4 00 p m. for submission of articles for the 1982 Annual Town Meeting Acting Upon motion duly made, it was voted, unanimously, to appoint Mr James Chairman Crain as Acting Chairman for the period November 6 through November 22 Firefighters The Manager requested the Board to ratify the Firefighter contract Contract calling for a 7% increase as of July and a 2% increase of Jan 1, 1982 Upon motion duly made and seconded, it was voted to ratify the con- tract between the Firefighters and the Town for an increase of 7% as of July 1, 1981 and a 2% increase as of January 1, 1982 Chapter 90 The Manager requested the Board to sign the Chapter 90 agreement which Agreement provides the Town with $111,918 00 to be used for construction, reconstruc- tion and improvements including surface treatments Upon motion duly made and seconded, it was voted to sign the Chapter 90 agreement in the amount of $111,918 00 Bos Edison The Manager updated the Board on requested information in the Boston Edison intervention case and stated that he has been unable to get the num- ber of towns participating and requested that the matter be tabled Upon motion duly made and seconded, it was voted to table the decision relative to participating in the Boston Edison Edison intervention case Mr Crain refrained from taking any action in the discussion or voting in the matter due to his responsibilities relative to testimony in another utility "c - 3 - IIISelectmen's Meeting November 2, 1981 Mr Cohen informed the Board that approximately a year ago the Board Tax Title signed a deed for a small tax title lot in Sunnyknoll Terrace The descrip- Adler tion was prepared by the owners' attorney and showed a probate number of #22072 which should have been #220372 He requested the Board to sign a confirmatory deed Upon motion duly made and seconded, it was voted to sign the confirm- atory deed on the Adler tax title lot in Sunnyknoll Terrace showing a pro- bate number of #220372 instead of #22072 Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote, Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi, to go Session into Executive Session for the purpose of discussing land negotiations with no intention of resuming the Open Session Upon motion duly made and seconded, it was voted to adjourn at 8 10 P.M. A true record, Attest ao tte,t_er--m er.c.4.7.4 Executive Clerk ' \ SELECTMEN'S MEETING November 16, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 16, 1981 at 7 30 P M. Acting Chairman Crain, Mrs Battin, Mrs Miley and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Execu- tive Clerk, were present Acting Chairman Crain convened the meeting and called upon Mrs Hanscom Jacquelyn Smith, Hanscom Field Advisory Commission Representative, who in- Field Comm formed the Board that Massport had negotiated a contract with Stead Avia- tion, Inc as a new Fixed Base Operator for Hanscom Field She stated that Stead will be the primary source of all fuel sales on the field and intends to build two new buildings to hangar planes and house maintenance facilities Bedford wants assurances that there will be no additional run- off of contaminants into the Elm Brook water supply and Lincoln wants guarantees that the buildings will be built to standard The Commission feels that the Stead development plus the increased jet operations recorded this past summer mark the beginning of growth at Hanscom The Commission feels that the communities around Hanscom need input to Massport to be sure that the balance between growth in aviation and no growth in aircraft noise is maintained She requested the Board to write to the Secretary of Environmental Affairs indicating that the Selectmen wished to be recorded in favor of not requiring Stead project to be subjected to a full environmental impact review The letter is to state, also, that approval of the project must be understood to assume that the Massport Authority Board will cooperate with the communities and commit the Authority to an on-going development plan, tied to the Noise Rule to assure that aircraft noise does not further impact the surrounding towns Upon motion duly made and seconded, it was voted to authorize the Acting Chairman to write to the Secretary of Environmental Affairs to record the Selectmen in favor of not requiring the Stead project at Hanscom to be subjected to a full Environmental Impact Review Approval of the project must be understood to assume that the Massport Authority will co- operate with the communities and commit the Authority to an on-going de- velopment plan, tied to the Noise Rule Mrs Jere Frick, Lexington's representative to the MAPC informed the MAPC Board that she had received an A95 review request relative to the Stead project at Hanscom. She requested approval of the Board to incorporate into her reply whatever decision the Board arrived at regarding the cor- respondence Mrs Smith had requested be sent to the Environmental Affairs Secretary It was agreed that Mrs Frick is to send a copy of the Board's letter to Secretary Bewick to the MAPC Mr Crain, on behalf of the Board, thanked both Mrs Smith and Mrs Frick for their work and excellent communications with the Board regarding the Hanscom. Field operations - 2 - Drain Upon motion duly made and seconded, it was voted an intent to take Easement a drain easement for the property at 974 North Street Authority for the North St easement is contained in Article 19 of the 1978 Annual Town Meeting Water Main Upon motion duly made and seconded, it was voted to sign the contract Const for Water Main Construction -- Contract 4182-3-E in the amount of $195,752 50 with Street The Board discussed the Town Engineer's recommendation to accept Acceptance Center Street from Reed Street to Avon Street as a town way The street was Center St recently reconstructed by the abutting property owners to Town standards ex- cept there is no berm or sidewalk. Upon motion duly made and seconded it was place Center Street on the Warrant for street acceptance Street The Board discussed the Town Engineer's recommendation that considera- Acceptance tion of Outlook Drive be postponed until next year Outlook Drive from Fair Outlook Dr Oaks Drive to Prospect Hill Road was placed on last years' Town Warrant as a citizens article and the motion was revised to read that the street be given consideration during the FY 83 budget process Upon motion duly made and seconded, it was voted not to accept the Town Engineer's recommendation that the consideration of Outlook Drive as a Town way be postponed and table the matter until after the Town Manager con- tacts Town Meeting and get its reaction Transfer The Manager requested a transfer of $10,000 from the Reserve Fund to Police & the Fire and Police Medical Account due to unanticipated injuries and long- Fire Med term illnesses Account Upon motion duly made and seconded, it was voted to approve the trans11/ - fer of $10,000 from the Reserve Fund to the Fire and Police Medical Account Appt Upon motion duly made and seconded, it was voted to approve the appoint- Cons Comm. ment of John Oberteuffer to the Conservation Commission Abatement Upon motion duly made and seconded, it was voted to abate the ambulance Amb Bill bill for Christopher Solan, 175 Arussett Lane, Middletown, Connecticut in the amount of $60 00 Transported by Bedford ambulance; ours on another call Tax Title The Manager reported to the Board that several more requests to purchase Moratorium tax title land have been received since the moratorium became effective He stated that if the moratorium is to be lifted in May of 1982, all title and research costs should be borne by the person requesting the land to be conveyed Tax Bills The Manager informed the Board that the tax bills had been sent out and requested that the Board encourage citizens who could afford to pay right away to do so help the cash flow situation Upon motion duly made and seconded, it was voted that the Board of Selectmen encourage citizens who have the ability to pay their real estate taxes before the thirty-day limitation is up to do so I _ 3 _ 7 5 - Selectmen's Meeting November 16, 1981 Upon motion duly made and seconded, it was voted to accept the res- Resignation ignation of Raymond J Culler from the Town Report Committee Town Rep The Board discussed the request from the Littleton Board of Select- Middlesex men to support full funding of Middlesex County Extension Service budget Cty Ext Mrs Battin informed the Board that the matter had been discussed Ser Budget at the Mass Selectmen's meeting in Hyannis last week-end She informed the Board that the Middlesex County Advisory Board voted to support the Budget Committee to substantially reduce the Extension budget The figure that they had approved was only $7,000 more than that voted by the House She stated that the feeling of the Selectmen that she had talked with was that the only thing that should be supported was that the $7,000 be put back in the budget and should come from some other place within the budget figures Upon motion duly made and seconded, it was voted to support the con- cept of the restoration of $7,000 to the Middlesex County Extension Ser- vice budget, such sum to come from within the budget figures Letters are to be sent to appropriate Representatives and Senators to this effect and the Littleton Board of Selectmen so notified Upon motion duly made and seconded, Mr Politi abstaining, it was One Day voted to ratify the telephone poll vote of November 5 for the issuance of Liq Lic a One Day Liquor License to the RAEDACC Association of W R Grace & Co for a retirement party on November 12, 1981 Upon motion duly made and seconded, it was voted to approve the min- Minutes utes of the Selectmen's Meetings of October 19, October 26 and November 2 The Board discussed the request of the Lexington Lodge of Elks Lex Lodge #2204 for issuance of a Common Victualler's License and amendment of hours of Elks on its Liquor License The Manager suggested that the matter be tabled until there is a full Board present to discuss it further Upon motion duly made and seconded, it was voted to table the re- quest of the Lexington Ldoge of Elks #2204 for the issuance of a Common Victualler License and amendment of hours under its Liquor License Upon motion duly made and seconded, it was voted to approve the re- Sheraton quest from the Dunfey Hotel Corporation for approval of a change in mana- Lex. Inn ger to Eric Maple on its Liquor License for the Sheraton-Lexington Inn Manager Mrs Battin informed the Board that it was announced at the Mass Town Selectmen's Association meeting in Hyannis that Lexington had placed Report second in the annual town report awards A certificate of merit will Award be given at the next meeting of the Middlesex County Selectmen's Association Mr Crain and the Board extended its appreciation to the Committee 111 for the excellent job done with a limited budget - 4 - Conserve Mr Cohen requested approval of the Board of a conservation easement Easement for land given by the Kiln Brook Office Park111 Kiln Brook Upon motion duly made and seconded, it was voted to sign the conserva- tion easement given to the Town by the Kiln Brook Office Park. Executive A motion was made to go into Executive Session for the purpose of Session discussing matters relating to collective bargaining Upon motion duly made and seconded, it was voted 3-1 by roll call vote, Mr Crain, Mrs Battin and Mrs Miley in the affirmative and Mr Politi in the negative, to go into Executive Session for the purpose of discussing matters relating to collective bargaining A motion was made to go into Executive Session for the purpose of discussing matters relating to the transfer of real estate Upon motion duly made and seconded, it was voted 4-0 by roll call vote, Mr. Crain, Mrs Battin, Mrs Miley and Mr Politi to go into Execu- tive Session for the purpose of discussing matters relating to the transfer of real estate with no intention of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 9 00 P M A true record, Attest dif...ke-f(d)( Executive Clerk I 6 t SELECTMEN'S MEETING 11/ November 30, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, November 30, 1981 at 7 30 p m Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Miss Casey, Executive Clerk, were present Mr James Russell of the accounting firm of Arthur Andersen & Co Auditors' met with the Board to present the financial statements of the Town as of Report June 30, 1981 together with the auditors' report He informed the Board that the Bureau of Accounts had completed the development of a Uniform Massachusetts Accounting System encompassing most of the accounting practices considered desirable by most of the other states As of July 1, 1981 all Massachusetts municipalities can volun- tarily adopt UMAS Mr Russell pointed out that the report indicated that the Town follows accounting policies prescribed by the Commonwealth with the ex- ception of employee pension expenses funding, which the firm feels should be determined by acturatia]methods instead of the cash or "pay-as-you-go" method used by the Town and lack of capitalizing the cost of fixed assets Mr Russell commended the Board, however, for continuing to fund the sup- plementary pension account despite the restrictions imposed by "2 1/2" The report recommended that the Trustees of Public Trusts consider a review of the Trust Fund portfolios Mr Russell stated that he felt that it was important to measure the performance of the various trust funds and focus on opportunities that might be existing to improve the performance He stated that there may be opportunities to look at the restrictions atten- ded to some of the donations that have been made to the Town with the view to seeing if the return can be improved Mr Russell noted that the audit disclosed no material weaknesses within the accounting practices and controls within the financial sector of the Town and commended the Town for adopting the new statutory system. The Chairman thanked Mr Russell and Mr Perry for the report and they retired from the meeting The Manager requested the authorization of the Board to appear be- Police & fore the Appropriation Committee to discuss the need for a transfer from Fire Dept the Reserve Fund for the Police and Fire Departments overtime requests Overtime He explained the critical situation due to vacancies, retirements and ill- nesses and presented four options as suggestions to be presented to the Appropriation Committee Upon motion duly made and seconded, it was voted to authorize the Manager to appear before the Appropriation Committee and discuss the op- tions to meet the overtime needs for the Police and Fire Departments Chief Bergeron appeared before the Board to give a report on the Lynn fire in which the Lexington firemen assisted The Chief commended - 2 the firemen who assisted in the ten-alarm fire He noted that the Mutual Aid Agreement system of thirty-four cities and towns, of which Lexington is a member, played an important role in containing the fire He explained that the agreement had been updated and changed on Friday The Manager requested the approval of the Board for himself and the Chief and the Chairman of the Board to execute the agreement Upon motion duly made and seconded, it was voted to authorize the Mama- ' ger, the Fire Chief and the Chairman of the Board to execute the revised Mutual Aid Agreement The Chairman commended the Lexington firefighters who participated in the Lynn fire and thanked the Chief for the report He retired from the meeting Rep Doran Representative Doran met with the Board to discuss current legislation having an impact on the Town's operations He informed the Board that there are amendments which are being considered to modify the law, passed earlier this year, transferring the jurisdiction for collecting parking fines from the courts to the local governments as of January 1, 1982 Passage of one of the amendments would eliminate the necessity of a Special Town Meeting in order to implement the new parking regulations for the Town After further discussion on current issues, the Chairman thanked Representative Doran for his monthly presentations since his election and he retired from the meeting Sewer Bett Upon motion duly made and seconded, it was voted to approve the Deferrments following sewer betterment deferrments Name Amount G C C Communications of Boston $6714 25 200 Clarendon St , Boston The Commonwealth of Massachusetts 2349 36 Metropolitan State Hospital 475 Trapelo Rd , Waltham James A. Wilson 3616 12 36 Fern St , Lexington Five Fields, Inc 300 60 Concord Ave /Barberry Road Conserv Com Upon motion duly made and seconded, it was voted to approve the Mana- Appt ger's appointment of John Eddison, Nickerson Road, to the Conservation Com- mission to fill the vacancy left by Frank Fields Term to expire on April 1, 1982 The Board discussed the. precedure for placing traffic safety items on the Selectmen's agenda and it was Mrs Battin's interpretation that citizens were to be notified by both the Traffic Safety Committee and the Board of Selectmen when their items were to be discussed The Manager suggested that I 21 - 3 - Selectmen's Meeting November 30, 1981 11/ the Board table the three traffic safety items on the agenda and he would discuss the matter with the Traffic Safety Committee and report back to the Board Upon motion duly made and seconded, it was voted to table the follow- ing items on the Selectmen's agenda Request from Joseph S Broussard to relocate bus stop at Percy Road/Mass Avenue Request from residents of Smith Avenue for crosswalk at Smith Avenue/Follen Road Request of Lawrence J Kipp for guardrail or other safety measure at 517 Mass Avenue Upon motion duly made and seconded, it was voted to ratify the tele- One Day phone poll vote to issue a One Day Liquor License to RAEDACC Assoc of Liquor W R. Grace & Company for November 30, 1981 Mr Politi abstained Lic Upon motion duly made and seconded, Mr Politi abstaining, it was Permit voted to grant permission to the Lexington School Committee to serve wine or a wine punch at Diamond Junior High School on December 6 at an open house testimonial for Dr John H Lawson Upon motion duly made and seconded, Mr Politi abstaining, it was One Day voted to approve issuance of One Day Liquor Licenses to St Brigid's Liq Lic Parish for December 13 and December 31, 1981 Upon motion duly made and seconded, it was voted to grant permis- Battle sion to Action for Soviet Jewry, Inc for use of the Battle Green on Green Sunday afternoon, December 20, 1981 to sponsor a Chanukah pageant Upon motion duly made and seconded, Mr Politi abstaining, it was Liquor voted to approve the following liquor license renewals Lic Rens Vinebrook Corporation Busa Bros Liquors, Inc 1775 Wine & Spirit Shop Berman's Market, Inc Lexington Liquor Mart LeBellecour Restaurant Peking Gardens Restaurant Bora-Bora Restaurant Bel Canto Restaurant Guenther's Restaurant Yangtze River Restaurant Sheraton-Lexington Inn Lexington Council No 94 Lexington Golf Club Knights of Columbus Lexington Lodge of Elks #2204 Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of November 16, 1981 Sewer Upon motion duly made and seconded, it was voted to approve abate- Abatements ments for the following sewer assessments Bird Hill Road Pleasant Street Hayward Avenue Rockville Avenue Lowell Street Somerset Road Human Sery Upon motion duly made and seconded, it was voted to appoint the Com. Appts following members to the Human Services Committee NAME TERM Stephen Baran, Chairman May 31, 1983 Roberta Black Stanley Finkelstein Howard Reynolds Ilene White Nancy Zarle Thomas Zarle " Judith Zabin " " Ruth Nablo May 31, 1982 Planning Bd The Board discussed the possibility of insertion of an article in the Term warrant to amend the term of the Planning Board members from five years to three The issue was surfaced last year as a result of (last of interest on the part of citizens to run for membership on the Planning Board After discussion it was decided to invite the Planning Board and any interested citizens to attend the next meeting to discuss the issue Lex Visiting Upon motion duly made and seconded, it was voted to sign a proclama- Nurse Assoc tion in recognition of 80 years of service to the community by the Lexington Proclamation Visiting Nurse Week and proclaim November 30 as Lexington Visiting Nurse Week. Sanborn Brown The Board paid tribute to former selectman, Sanborn Brown, who died in Henniker, New Hampshire on Sunday Executive Upon motion duly made and seconded, it was voted 5-0 by roll call vote, Session Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi, to go into executive session for the purpose of discussing possible real estate trans- actions Upon motion duly made and seconded, it was voted to adjourn at 9 45 P M A true record, Attest ( L27 Executive Clerk ISELECTMEN'S MEETING December 7, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 7, 1981 at 7 30 P M. Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutch- inson, Town Manager; Mr Cohen, Town Counsel; Miss Casey Executive Clerk, were present Due to the unavoidable absense of Mr Buse, a motion was made, Acting seconded and voted unanimously to appoint Mr Crain as Acting Chairman Chairman Mr Zehner, Town Treasurer, met with the Board to request authori- Town zation for partial renewal of a $97,550 note for Chapter 90 resurfacing, Treasurer borrowed on September 11, 1981 and due December 10, 1981 Mr Zehner explained that the work has been completed and a check in partial re- imbursement had been received A balance of $12,506 75 remains unreim- bursed and the Engineering Department believes it will arrive within thirty days Upon motion duly made and seconded, it was voted to authorize the Town Treasurer to transact a refunding loan in the amount of $12,506 75 dated December 10 and due January 11, 1982 at 6 0% with the Middlesex Mr Crain read a request from Sr Gladys Marhefka of the Grey Nuns' Battle Provincial House, 10 Pelham Road requesting permission for the use of Green the Battle Green on April 10, 1982 for the purpose of conducting a peace vigil Upon motion duly made and seconded, it was voted to grant per- mission to Sr Gladys Marhefka, Grey Nuns' Provincial House, 10 Pelham Road, for the use of the Battle Green on April 10, 1982 for the purpose of conducting a peace vigil Upon motion duly made and seconded, it was voted to approve re- Entertain- newel of the Entertainment License for the Lexington-Sheraton Inn ment Lic Upon motion duly made and seconded, it was voted to approve re- Common newel of the following Common Victualler Licenses Victualler Lic Rens Lexington Enterprises, Inc d/b/as Lexington Golf Club Peking Gardens Bel Canto Restaurant Pine Meadow Country Club, Inc Three A's Foods, Inc d/b/as Alexias Panagiatou d/b/as Chadwick's Alexander's Pizza Guenther's Restaurant Ong, Ong, Inc d/b/as Yangtze River Restaurant Sheraton-Lexington Inn Friendly Ice Cream Corp (1060 Waltham Street) • -1 - 2 One Day Upon motion duly made and seconded, it was voted to approve issuance Liq Lic of a One Day Liquor License to RAEDACC Association of W R. Grace & Co for December 10, 1981 Mr Politi abstained from voting County Tax The Board discussed the request of the County Commissioners to pay Bill the estimated tax bill for the first half, which would be a voluntary pay- ment Upon motion duly made and seconded, it was voted to approve the Mana- ger's recommendation that the bill not be paid and to authorize the Town Manager to so inform the County Commissioners The Board met with Mrs Battin and Mrs Smith of the Hanscom Area Traffic Committee for a report on its study of the traffic problem in the Bedford, Concord, Lincoln and Lexington areas near the airport Mrs Battin informed the Board that the MAPC had made a written analysis and prepared a matrix of the alternative solutions and the HATS representatives of each town individually looked at these solutions and presented priorities for their town These were compared at a future meet- ing and differences reconciled Mrs Battin stated that the Committee had inventoried and reviewed previous traffic studies and identified and dis - cussed current efforts for traffic solutions in the area Mrs Battin ex- plained that if the four towns involved could agree on a plan the Massport Authority would provide financing and staff, with the understanding that industry in the towns involved would also agree to participate in the finan- cing MAPC would be used for further study Mrs Battin informed the Board that the Committee was requesting the Board of Selectmen to consider adop- tion of the concept; consideration of continuance of the HATS Committee; support of the safety upgrades on Route #2 involving the Towns of Lincoln and Concord Mrs Smith explained that the goal was to connect the interior pro- tions of the area with primary roads which circle the air base She stated that the plan is in three phases, the first consisting of the traffic improvements in the Bedford Street/Hartwell Avenue area that are already under study; the second phase would realign the end of Virginia Road that now empties onto Route 2A to the intersection of Hanscom Drive; the third phase would create a new road connecting Hartwell Drive in Bedford, Vir- ginia Road and Crosby Corners on Route 2 Using a map of the area, Mrs Smith gave a detailed presentation of the plan Mrs Miley made a motion to accept the recommendations of the Committee and Mrs Battin seconded the motion Mr Politi and Mr Crain expressed the desire to wait for a week before voting on the issue Mr Crain asked Mr Sandy, Chairman of the Planning Board who was in attendance, if the Planning Boardcould meet next week with the Board of Selectmen at which time both Boards could come to a decision relative to the acceptance of the plan Mr Sandy stated that, due to scheduled hearings next week, he re- quested that the Planning Board be allowed to request a meeting with the Selectmen only if they had any problems with the plan It was agreed that the Planning Board would review the plan and,if it was felt necessary, would request an appointment with the Board of Selectmen for the next meeting - 3 - X35 Selectmen's Meeting December 7, 1981 Mrs Miley agreed to withdraw the motion Upon motion duly made and seconded, it was voted to withdraw the motion made by Mrs Miley to accept the HATS Committee plan relative to the traffic problem in the airport area Mr Crain thanked Mrs Battin and Mrs Smith for the report The Board met with the planning Board to discuss the question of a Planning change in the terms of members of the Planning Board The lact of in- Board terest generated in serving on the Planning Board was of concern to the Term Selectmen and it was felt that perhaps the length of the term was the cause It was suggested that the term be amended from five to three years Mr Sandy, Chairman of the Planning Board, informed the Board that the subject had been discussed briefly at a Planning Board meeting and there seemed to be no strong feelings one way or the other among the mem- bers It was the feeling of the Planning Board members that unless there was a compelling reason to change it seemed pointless to do so He ex- plained that Planning Board members seldom ran for reelection because of the ten-years involved Mr Sandy brought out the point that if the term were changed to three years, there would be two people out for election two out of every three years He felt that it was easier to find people to contest one seat in one year rather than two seats in one year He asked if the Board was considering changing the terms of the other five- year boards Mrs Battin stated that the question of changing the term of the Planning Board membership had been raised by the Structure of Government Committee who put in the Selectmen/Town Manager Act in 1969 She stated that at that time and people had a sense that the long term prevented people from running, but no one could say that it prevented some one from running and no definitive conclusion was made Mr Crain stated that the Board was under no complus ion to take any action on the question and wanted the input of the Planning Board so that a decision could be made as to whether or not to support such action Mr Sandy expressed his concern to the Board that many committees Housing have been appointed whose actions involved planning that eventually gets Units to the Planning Board but the Planning Board is never directly involved in it He mentioned the School Sites Conversion Committee, Accessory Apartments and the decision to have commercial use of Munroe School. Mrs Miley expressed her concern also and stated that she felt that the Board of Selectmen, Planning Board and Housing Authority should get together regarding the condominium units for low and moderate income hous- ing that passed Town Meeting but have not been turned over to the Town yet Mrs Wheaton pointed out that in the memorandum of understanding it stated that the Town has the option of picking up the units within 18 months and if it didn't, the developers can either turn the units over to the existing non-profit organization dedicated to low and moderate income housing or they could set up an organization of their own f� - After further discussion, it was decided that the Chairman of the Board of Selectmen, Planning Board and Housing Authority would meet and discuss the matter further to determine what action could be taken in order to obtain the units for the Housing Authority Street Mr Sandy informed the Board that there have been no changes in the Acceptance street policy since the original policy was instituted last summer He Policy stated that they were dealing with exceptions on a case by case basis and that the policy is really for guide lines Mr Crain thanked the Planning Board members for attending and they retired from the meeting Revaluation The Manager informed the Board that the assessors were preparing an updated schedule for completing the revaluation which should be forthcoming next week. He stated that they will be filing with the Office of Revenue the full values within the next week or two and that the methodology on commercial and residential values had been approved He also stated that there were some parcels that have not been clearly defined, but that the whole revaluation would not be held up because of them. They will be reviewed by the Board of Assessors Boston The Manager reported to the Board that a number of towns had provided Edison a commitment to money requested by the City of Newton to intervene in the Rate In- upcoming hearings on Boston Edison's rate increase He requested that the crease Board table the request for $1,250 contribution to cover legal fees as par- ticipants in the case He felt that there would be more and more requests of this type in the coming years and each one should be taken on its own merits Mr Politi questioned the Town's legality in acting as an intervenor and whether it was necessary as the Attorney General's office is intervening He felt that there might be added costs down the line Mr Crain pointed out to the Board that he would have to abstain from any discussion or action asheis responsible for rate or return testimony for another public utility Upon motion duly made and seconded, it was voted to table the request of the City of Newton to have Lexington join in the legal expenses for in- tervening in the Boston Edison rate increase issue Town Meet Acting Chairman Crain referred the Board to its copies of a letter Date from the Appropriation Committee suggesting a change in the March 22 start of Town Meeting It was felt by them that new people on boards and Town Meeting members have too little time to familarize themselves with the issues before the start of Town Meeting Mrs Battin suggested that the suggestion be referred to the Executive Committee Chairman of the Town Meeting Members Association for consideration and then take action after receiving a reply The Board agreed There was no executive session Upon motion duly made and seconded, it was voted to adjourn at 8 55 P M. A true record, Attest ted...ore&t.:727 Executive Clerk I L SELECTMEN'S MEETING December 14, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building on Monday, December 14, 1981 at 7 30 P M. Acting Chairman Crain, Mrs Battin, Mrs Miley and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel and Miss Casey, Executive Clerk were present The Board met with Dr Howard S Richter relative to his opinion Burglar that a second line was necessary on the dialer alarm system at the police Alarm station. Dr Richter stated that he felt that a "smart burglar can simply System call the number, make the line busy, and then rob the house" He stated Dr Richter that too many people know the number and if there were another line it would be much safer He stated the cost for the additional line would be $18 00 per month Mr Hutchinson informed the Board that the Town was paying $35 00 per month and would look into the disprepancy in the two figures Mr, Politi stated that he did not see how Dr Richter's comments dovetailed with the requirements of the Town By-law Dr Richter stated that the By-law made it mandatory for anyone in- stalling an alarm system after passage of the By-law made it mandatory to install another system altogether People who already had voice dialer systems in did not want to take the system out, and, therefore, were 'grandfathered" in and a special line was to be used He stated that it was not specified that only one line was to be installed and he felt that two lines would be adequate Mr Hutchinson stated that the Burglar Alarm Committee had discussed at some length the question of an extra line and there was considerable dividion and objections were raised about the Town paying for any line for a special service for a special group of people It was then decided to pay for one line. He stated that there about 9000 homes calling in on the 1212 line and about 30 on the "grandfathering" provision. It was his opinion that any additional lines should be paid for by those requesting them Upon motion duly made and seconded, it was voted to take the matter under advisement and contact former members of the Burglar Alarm Committee for their input before making a decision Mr Crain requested Mr Hutchinson to check on the payment of the one-way service and thanked Dr Richter for his input The Manager requested approval of a transfer from Article 40 to Transfer support wage adjustments in the amount of $261,913 He explained that this Article is the usual procedure at this time of year and the salaries have already 40 been approved Upon motion duly made and seconded, it was voted to approve the trans- fer of $261,913 from Article 40 to support wage adjustments - 2 - i Upon motion duly made and seconded, it was voted to approve the re- quest of the Transportation Advisory Committee for LEXPRESS route addi- tions as follows Route 4 To cover the Lincoln, Middle, Marrett trianble by turning right on Lincoln Street from School Street, left on Middle Street and left on Marrett Road Route 6 To cover a turn left on Coach Road from Volunteer Way, right on Skyview, continue on to Winter Street, make a U-turn at Fifer Lane, and return to Coach Road via the same route Land - The Board discussed the request of the National Park Service that the Min Man Town transfer ownership of land in the Battle Road and land in Alpine Street Nat'l. Park to the National Park Service which would require an article in the warrant The Manager recommended that the Board accept the recommendation of the Town Engineer that the Manager and Town Engineer be authorized to negotiate with the National Park Service relative to a transfer of some property of theirs to the Town as part of the improvements to Marrett Road Mrs Battin suggested that the space for an article be reserved in case no agreement could be reached before Town Meeting Upon motion duly made and seconded, it was voted to authorize the Tawn Manager and the Town Engineer to negotiate with the National Park Service regarding land transfers in the Park Area and if an agreement cannot be reached, an article would be placed in the warrant for the Town to vacate, close and transfer ownership to the National Park Service of those sections of the Battle Road and of Alpine Street which lie within the boundaries of the Minute Man National Historical Park. Route 4/225 Upon motion duly made and seconded, it was voted to approve payment Study bill of a bill from Boston Survey Consultants in the amount of $3,889 09 for Boston Con- work performed as part of the Route 4/225 study The payment will be de- sultants ducted from the gift to the Town of $21,000 for this purpose Tn Mgr Mr Hutchinson introduced his new assistant, Susan Adler whom the Assistant Board welcomed Elks The Board discussed the request from the Lexington Lodge of Elks for an extension of hours under its Liquor License and approval of a Common Victualer License Town Counsel informed the Board that in the original Board of Appeals decision to allow the building to be constructed there was some question whether this was broad enough to include the serving of food Town Manager recommended that the matter be tabled until clarification of the decision is made He is to contact Bill Dailey regarding the matter Upon motion duly made and seconded, it was voted to table the request of the Lexington Lodge of Elks for issuance of a Common Victualer License and extension of hours under its Liquor License Sheraton Upon motion duly made and seconded, it was voted, Mr Politi abstain- Liq Lic ing, to grant an extension of hours to the Sheraton-Lexington Inn to 1 00 a m. on New Years' Eve. - 3 - Selectmen's Meeting December 14, 1981 The Board met with the Tqwn Engineer and Mr Richard Cook of Boston Bedford Survey Consultants regarding the road improvements proposed for the Bed- St /Hart- ford Street/Hartwell Avenue project well Ave Mr Cook informed the Board that the daily volume of Bedford Street traffic traffic will increase from the current 18,000 to 45,000 in 1991 Mr Cook reported that the projected peak-hour traffic may increase by 60 to 70 percent within the next ten years and the total day-long traffic should level off to about 30 percent heavier than. today's This change in the traffic projections makes the current plan obsolete This traffic count had been requested by the state engineers to justify the second phase approval which calls for installation of traffic signals at the Eldred Street/Bedford Street intersection Mr Hanlon informed the Board that the "25% construction plans" must be submitted to the state by January 20 on portions of the plan remaining in tact, including the Maguire Road signalization and the widening of Hart- well Avenue Concept approval will be necessary on other portions of the plan before further action is taken The main objections to the revised plan came from residents of the Eldred Street area as no traffic light will be installed at the corner of Eldred street The new plan calls for the installation of a median strip between Bedford Street and an access road to serve those residents No left turn will be allowed at Eldred Streets and the residents will either use back streets or execute a cloverleaf on Route 128 ramps to enter Eldred Street After further discussion, it was decided to hold a public hearing on the matter on January 4 at the Selectmen's regular meeting in the Selectmen's Meeting Room Upon motion duly made and seconded, it was voted to hold a public hearing on the Bedford Street/Hartwell Avenue improvements plan on January 4, 1982 at 8 00 p m. in the Selectmen's Meeting Room Upon motion duly made and seconded, it was voted to abate the follow- Water ing water charge Abatement J Carroll 702 Waltham St Pit Meter $11 25 To close account Upon motion duly made and seconded, Mr Politi abstaining, it was One Day voted to approve issuance of a One Day Liquor License to St Jerome's Liquor Parish of Arlington for February 5, 1982 for a social event at Kielty Lic Hall, 2001 Mass Avenue Upon motion duly made and seconded, it was voted the intent to lay Center St out Center Street from Reed Street of Avon Street Layout Upon motion duly made and seconded, it was voted to approve the Innkeeper renewal of the following Innkeeper Licenses Lic Rens Sheraton/Lexington Inn Catch Penny Chalet Battle Green Inn U - 4 - Upon motion duly made and seconded, it was voted to approve the re- newal of the following Common Victualler Licenses Mario's Brigham's Howard Johnson's (38 Bedford St ) Pewter Pot Arno's Deli Baskin Robbins Lexington House of Pizza LeBellecour Bora-Bora, Inc Kentucky Fried Chicken Bellino's Bakery, Inc Upon motion duly made and seconded, it was voted to renew the follow- ing licenses INNKEEPER LICENSES Sheraton/Lexington Inn Catch Penny Chalet Battle Green Inn CLASS I LICENSES Lexington Toyota Motor Sales U S.A , Inc Auto Engineering, Inc Lawless Mawhinney Motors, Inc CLASS III LICENSE John P Carroll Co , Inc COMMON CARRIER LICENSE Hudson Bus Lines The Board discussed the Hanscom Area Traffic Study report which had been presented at last week's meeting The Manager informed the Board that he had reviewed the report with the D P W and Engineering Departments and had no conflicts with what had been proposed He noted that there was no reference to the Hartwell Avenue Connector and Mrs Battin explained that the Committee had considered it and had decided to concentrate on the short-term solutions that would be com- patible with long-term solutions such as the connector Upon motion duly made and seconded, it was voted to endorse the trans- portation improvement concept presented in the plan by the Hanscom Area Traffic Study Committee as follows 1 Endorse the continued participation by the Town of Lexington in the Hanscom Area Traffic Study Committee if the Towns of Bedford, Concord, and Lincoln continue to participate, 2 Recommend that the HATS Committee proceed to a design phase for stages II and III, which are located in the Towns of Lincoln and Concord, 3 Urges that attention be devoted to developing ways of main- taining a balance between new trip-generating commercial development with the capacity of the transportation facilities in the area, - 5 - yJ Selectmen's Meeting December 14, 1981 I 4 Support the efforts of the Towns of Concord and Lincoln to obtain the so-called safety improvements on Route 2 in those communities and, 5 Urge that construction of Stage I, the North Lexington Traffic Improvements, be completed before construction is initiated on Stages II and III Upon motion duly made and seconded, Mr Politi abstaining, it was Knights of voted to approve the request from the Lexington Council No 94 Knights Col Liq of Columbus for an extension of hours under its Liquor License to 1 00 A.M. Lic on New Year's Eve There was no Executive Session Upon motion duly made and seconded, it was voted to adjourn at 9 30 P M. A true record, Attest Je Z Executive Clerk e ' / 6t SELECTMEN'S MEETING SPECIAL MEETING December 17, 1981 A special meeting of the Board of Selectmen was held in the Chairman's office on Thursday, December 17, 1981 at 7 DO p m Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Perry, representing the Town Manager, Mr Cohen, Town Counsel; Miss Casey, Executive Clerk were present The Chairman convened the meeting and explained that it was a special meeting to consider the request of Mr Leonard L Saltzman for permission to display an electrical Menorah on the Common together with a Star of David approximate demensions would be 13 inches wide and 18 inches tall The Chairman called upon Mr Marshall Derby, President of Temple Isaiah Mr Derby addressed the Board and stated that Mr Cohen had requested him to present to the Board Temple Isaiah's policy relative to the display of religious symbols on the Green He stated that the policy of Temple Isaiah is the belief that no per- manent or long-term religious displays of any kind belongs on Town property This would apply to the creche and a Hanukkah menorah He thanked the Board for the opportunity to present the Temple's views and retired from the meeting Mr Busa then read the following letter from Mr Lloyd Gilson, President of Temple Emunah "December 16, 1981 To the Board of Selectmen of the Town of Lexington We understand that an individual citizen of the town has re- quested permission to place a Menorah on the town green. This individual is not a member of Temple Emunah, and he has never approached the Board of Directors of our Temple for their opinions on his request We would like to thank the Board of Selectmen for granting permission for the public rally to be held on the green this Sunday, which is being sponsored by the Lexington Jewish Com- munity and the Action Council for Soviet Jewry We feel that this rally is a sufficient and adequate communal display of the Menorah and the holiday of Hanukkah Therefore, we wish to inform the Board of Selectmen that this - 2 - U individual request does not have the endorsement of Temple Emunah Should the Board of Selectmen, in their discretion, deny this request, we would not regard such a denial as a negative act directed against our Jewish community Sincerely, Lloyd Gilson President cc Rabbi Richard I Meriowitz Mr Busa then called upon Mr Saltzman who explained that he had lived in Lexington for one year and was studying at Brandeis University He stated that, in light of his opposition, he didn't realize that he would need sup- port for such a request He said had he known such, he could have brought some people that were active in the request He stated that it was his feelings, that in light of the current trend in the country, with its' court challenging science and religions and the bitter feelings that are taking place, he felt that the Menorah on the Com- mon during the holiday, which is symbolic, would unite the country He stated that he felt that religious anti-semitism has been coming out of the woodwork and gathering momentum and that the placing of the Menorah on Lexington Green would do quite a bit of good to begin such a sharing He stated that he felt very strongly about displaying it and had a lot of sup- porters, but did not have them with him as he didn't realize that he was going to have opposition from the Town Mr Busa addressed Mr Saltzman and stated that he had received no opposition from the Town but from the Temples Mr Busa informed Mr Saltz- man that the Town of Lexington has never denied the use of the Common to any group after a presentation to the Board of Selectmen He stated that it was the first time that an individual had made such a request and that the Board would prefer that the request had come from a group Mr Saltzman stated that he had heard something about "some noise" being made about the creche years ago and that there were "nasty letters being sent around " Mr. Crain informed Mr Saltzman that Mr Busa had been incapacitated when Mr Saltzman firstrequesteduse of the Green and as Acting Chairman, requested a special meeting of the Board due to some mention of court action in his conversation with the Executive Clerk He stated that the suggestion of a possibility that there was a denial by the Board also promp- Ded his request that the Board take unusual action and call this special meeting to discuss the request and act upon it Mr Saltzman stated that the Rhode Island case had a lot of bearing on his request He stated that the court ruled that it was unconstitutional to put a cheche on the common, but someone bought the land privately and 111put it there, anyway t' uq - 3 - Selectmen's Special Meeting December 17, 1981 Mr Buse informed Mr Saltzman that Town Counsel felt that the Lexing- ton situation and the Rhode Island situation had absolutely nothing in common Mr Saltzman stated that his point was that the controversy seems to be increasing and that he felt that the country might be ready for this type of sharing by putting the Menorah on the Common and that Sunday was the Jewish holiday Mrs Battin referred to the letter from Temple Emunah and stated that she wondered if Mr Saltzman shared in the observance with the Temple if it would not answer what he was trying to etpress Mr Saltzman stated that he felt at a loss because he didn't realize thar this was going to be such a traumatic event and would have had plenty of support from townspeople who are not members of the Temple who choose not to be, or members who would prefer to have the Menorah on display He said that one night was not enough Mr. Crain stated that he felt that the Temple had come to the Board in an orderly manner with their request and that they felt that this was an adequate expression and recognition of the principles of their faith and he wondered if Mr Saltzman thought this would suffice Mr Saltzman stated that it was a worthy cause, but didn't have any supporters with him from the Temple Mrs Miley stated that she was interested in the logistics -- how the candles would be lit and for how long and who would be responsible Mr Perry stated that Mr Empey informed him that the electricity is provided to the creche, which was built for them, and that the Masons and the Knights of Columbus take complete responsibility for putting it up and dismantling it and for the security of it Mr Saltzman stated that he would put some fencing around it and would place the Menorah high enough to be out of reach and would be responsible for lighting the candles in the evening and putting them out during the day Mr Crain expressed concern that responding to an individual'.s re- quest that was not well thought .out and detailed might set a precedent for individual requests in the future Mrs Battin stated that she shared Mr Crain's concern regarding an individual's request for the use of the Green Mr Saltzman stated that he didn't have much time, having just thought LA7 - 4 - up the idea and that there were a lot of townspeople who shared his feel- ings He stated that he had discussed the idea with Mr Leon Gick, a professor at Brandeis University, who preferred that he got one of the Tem- ples to support it Mr Saltzman stated that in light of what they were saying, they were not interested He further stated that he had spoken to the Rabbi who informed him that it might suggest to people that Hanukkah is just like Christmas Mr Saltzman stated that he was acting as an individual and if he could have 24 hours longer he would get names to support his re- quest It was pointed out to Mr Saltzman that the office would be closed on Thursday at Noon and that no Town employees could be paid overtime to assist him in his plans regarding where he wanted to place the display and what conditions would be required by the Department of Public Works and the Manager Mr Politi stated that he felt that Mr Saltzman's request highlighted the importance of the Board coming up with a policy or guidelines for the use of the Green so that anyone who seeks to use the property can look at the criteria and know what is going to be required He stated that he was not persuaded at this point, that in the absense of criteria, of the impor- tance of whether the request came from an individual or an organization He stated that he was not bothered by the fact that the request was from an individual and each request should be evaluated on that basis Mr Crain stated that had he read this letter without any specific details, in addition to Mr Saltzman's dissertation and candled it against the request by the Masons and Knights of Columbus he would have been con- fident by the detailed plan of the creche He stated that since Temple Emunah has come forward and offered the opportunity to all who wished to participate in the observance on Sunday, he felt it was important to note that while the creche is the observance of the Christmas holiday the Temple observance on Sunday gives recognition to the Jewish holiday Mr Cohen stated that both temples had made the request for the Sun- day observance / 21,1,<� Mrs Battin stated that she agreed in part with Mr Crain, and-painted -e - that Temple Isaiah felt that there should be no display of either the creche or the menorah She stated that she would rather see both than neither and that it was important to America to have a place where people can express their deeply held beliefs Mr Buse asked Mr Saltzman if he had the construction of the Menorah formulated and the security Mr Saltzman stated that he had not finalized his plans but was going to speak with Public Works to make sure they were in agreement He stated that there were several ways of securing it and getting it high enough so that a fence wouldn't be needed i I - 5 - y6 Selectmen's Special Meeting December 17, 1981 Mr Crain stated that it was unfortunate, but there were very little details for the Board to go on and they had demonstrated a very high sense of urgency by calling this special meeting He felt that the plans were too fragmentary and would require more definitive plans Mr Crain made a motion to deny this individual request and recommended to Mr Saltzman to work with the group that is to have its observance on Sunday and, whenever he wants, before the next holiday, come before the Board with a proposal from some group The motion was not seconded Mr Politi moved to allow the request as presented subject to Mr Saltzman working with the Town Manager and the Department of Public Works to meet the requirements 1 Mrs Battin seconded the motion Mr Crain and Mr Busa expressed concern about the procedure and stated that they thought it very inadvisable due to the lack of a definitive plan Mrs Miley stated that she didn't feel that Mr Saltzman had time enough to put it together but did think the idea was wonderful She.in- formed Mr Saltzman that perhaps Mr Crain's suggestion that he align with the other group this year and next year work itoutwith them She stated that she felt that what the Board was doing was almost approving for the future and letting him know that it was sympathetic to him Upon motion duly made and seconded, it was voted 3-2, Mrs Miley, Mrs Battin and Mr Politi in the affirmative, and Mr Busa and Mr Crain in the negative, to approve the request of Mr Leonard L Saltzman to display a Menorah and Star of David on the Green from December 20 through December 28, 1981, subject to conditions to be worked out with the Town Manager and the Director of Public Works Upon motion duly made and seconded, it was voted to adjourn at 8 20 P M A true record, Attest *id Executive Clerk 6.1/7 r 1/7 nl C� SELECTMEN'S MEETING // f December 28, 1981 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 28, 1981 at 7 30 p m Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Miss Susan Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk were present The Chairman convened the meeting and opened the hearing on the ap- Liquor Lic plication of Corv's of Lexington, Inc for an All Alcoholic Beverages Li- App & cense and Common Victualler License Common Vic Stephen T Russian, Esq introduced the members of the firm and in- Lic App formed the Chairman that notices of the hearing had been sent certified Cory's of mail, to the abutters and presented the receipts for the records Lex. The Chairman noted that the Board of Appeals had issued a special permit for the operation of a restaurant with closing hours no later than Midnight with seating for no more than 132 persons on two floors at 20 Waltham Street for seven days per week Reports from the Building Department and the Board of Health. in- dicate that no building permit had been applied for as yet and a Board of Health had not received an application Both requirements will be met at such time as renovations are completed Preliminary plans met with approval of both departments Mr Russian explained the floor plans to the Board and stated that Building and Health Department requirements will be complied with Upon motion duly made and seconded, Mr Busa and Mr Politi abstain- ing, it was voted to issue an All Alcoholic Beverages and Common Vic- tualler License to Cory's of Lexington, Inc , 20 Waltham Street, with hours of 11 30 a m. until Midnight seven days per week The Chairman thanked Mr Russian and his clients for their presen- tation and they retired from the meeting The Chairman read a request from the Lexington Lodge #2204 of Elks Elks for permission to extend hours of operation until 2 00 a m. on New Years Liq Lic Eve. He explained that it has been the practice of the Board not to ex- tend hours of operation beyond 1 00 a m. on special holidays Upon motion duly made and seconded, it was voted, Mr Politi and Mr Busa abstaining, to extend the hours of operation under the Club Liquor License of the Lexington Lodge #2204 of Elks until 1 00 a m. on New Year's Eve Upon motion duly made and seconded, Mr Busa and Mr Politi abstain- LeBellecout ing, it was voted to extend the hours of operation under its All Alcoholic Liq Lic Common Victualler License to LeBellecour restaurant to 1 00 a m. on New Year's Eve I 1 u - 2 12 One Day Liq Upon motion duly made and seconded, it was voted, Mr Busa and Mr Lic Politi abstaining, to issue a One Day Liquor License to RAEDACC Associa- tion of W R. Grace Co for January 6, 1982 Common Upon motion duly made and seconded, it was voted to approve the Carrier renewals of the following Common Carrier Licenses Lic Dee Bus Service, 54 Orchard St , West Concord, Mass Alexander, Inc , Chauffeur Service, 57 Russell St., Woburn, Mass Boston Tours, 89 Arcadia St , Waltham, Mass Lodging Upon motion duly made and seconded, it was voted to approve the House Lic renewal of the Lodging House License for the Wild Acre Inn, 50 Percy Rd. Lexington, Mass , subject to Board of Health regulations Common Vic Upon motion duly made and seconded, it was voted to approve the re- Lic Rens newal of the following Common Victualler Licenses Dunkin Donuts The Kitchen Friendly Ice Cream Corp (60 Bedford St ) Denny's Establishment Gracie's Class I Upon motion duly made and seconded, it was voted to approve the re- Lic Ren newal of the Class I License for Rowe Chevrolet, Inc , 33 Bedford St. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of November 30 as presented and the minutes of the Selectmen's meeting of December 17 as corrected by Mrs Battin Boston Edison The Chairman opened the hearing at 8 00 ,p m.. on the application of Conduit the Boston Edison Company for permission to install conduit in Barberry Barberry Road Rd Notification of the hearing had been sent to all abutters The Chairman read the report of the Director of Public Works/Engineering recommending approval No one appearing in favor or against the petition the Chairman declared the hearing closed Upon motion duly made and seconded, it was voted to grant permission to the Boston Edison Company to lay conduit in the following location Barberry Road, northeasterly approximately 215 feet west of Field Road, a distance of about 10 feet - Conduit Parking Ticket The Board met with Chief Corr to discuss the new parking ticket law Law and the Manager explained that the current statute, Chapter 90, Section 20A allows the local municipalities to administer fees has been amended The Governor has signed an amendment that will allow the Selectmen, by a majority vote, to accept Chapter 90 Section 20A or Section 20A 1/2 Chief Corr explained that the Clerks of Courts filed the legisla- tion early in the session the intent was to take the problem of handling parking tickets out of the District Courts and give it to the local ad- ministrations It puts the problem of handling packing tickets including the collection of the money and the appeals into local administration. The only time the District Court would come back into the picture again Selectmen's Meeting - 3 - December 28, 1981 9/ would be on the signing of a criminal complaint He explained that all parking tickets are determined non criminal until five parking tickets are not answered or taken care of The parking clerk would then apply to the District Court for a criminal complaint He explained that this is a "stop gap" piece of legislation which in effect gives to the Board of Selectmen the right to either adopt 20A or 20A 1/2 and not wait for Town Meeting to do it It will be necessary to go to Town Meeting for approval in March or April This legislation allows the town to stay in the "parking ticket business" without calling for a special town meeting because the legislation will be repealed in June 1, 1982 unless Town Meeting acts upon it He suggested that the Board accept the 20A 1/2 section because the Selectmen can set the fines as they now do, the parking clerk can be any- one selected by the Selectmen including Captain Lima (Section 20A pro- hibits police personnel from participating and there will be no '(aarning tickets" as in Section 20A. This section would be more beneficial finan- cially to the Town. He explained in detail the parking statute and the fee structure set by the Town Upon motion duly made and seconded, it was voted to accept Section 20A 1/2 of Chapter 90 of the General Laws pertaining to the parking ticket law The Manager reported to the Board that he had investigated the Burglar charge for the burglar alarm line and the Town has been overcharged by Alarm $15 00 per month and will receive a rebate Charges He also reported that he has not been able to get in contact with members of the disbanded Burglar Alarm Committee as Dr Richter had re- quested regarding his request for another line He reiterated his rec- ommendation that no additional line be installed unless those wishing this extra service pay the charges Upon motion duly made and seconded, it was voted to table the de- cision relative to the installation of extra burglar alarm lines until a later date at which time Dr Richter will be invited to attend the meeting The Chairman thanked Chief Corr for his input and he retired from the meeting The Board discussed the minutes of the Domings/Cordell/Leslie dog Dog Hearing hearing held December 16, 1981 Domings/ Upon motion duly made and seconded, it was voted that the dog is a Cordell/ nuisance by reason of running loose in violation of the Lexington Leash Leslie Law and orders "That, within thirty (30) days of the date of this letter, a fence suitable for confinement of the dog be installed on the property at 38 Valleyfield Street If at the end of thirty days the fence has not been installed, the dog will be removed by the Animal Control Officer from the legal boundaries of the Town of Lexington within thirty-five (35) days - 4 - 1 of the date of this letter " Minuteman The Board discussed the request of the Executive Secretary of the Town Bikeway of Arlington to meet with the Bedford and Lexington Boards of Selectmen on Town of January 11 or January 18 relative to application for funding of the Minute- Arlington man Bikeway It was decided that the Manager would contact the Town of Arlington Executive Secretary and arrange a meeting of the Town Managers and one mem- ber of each Board rather than a meeting of the entire Boards The Manager is to report back to the Board Solid Waste The Board discussed the request of UOP Solid Waste Systems Division Agreement for the Town of Lexington to agree to waive its rights to terminate its Extension Agreement as of December 31 and extend this tonnage commitment date to February 28, 1982 in an effort to meet the 280,000 tons per year of muni- cipal solid waste This request was generated in an effort to accomodate communities that have expressed interest in signing and Massachusetts REFUSETECH, Inc agreed to the extension Upon motion duly made and seconded, Mrs Miley abstaining, it was voted to extend the tonnage commitment date in the Solid Waste Agreement to February 28, 1982 Upon motion duly made and seconded, Mrs Miley abstaining, it was voted to authorize the Manager to execute this agreement lAdams School Mr Crain addressed the Board regarding the request the Adams School ' Article for Conversion Committee had received from the Historic Districts Commission Town Meet that they request the Board of Selectmen to place an article in the warrant requesting Town Meeting to have the Adams School incorporated into the East Village Historic District Mr Crain stated that the matter had been discussed by the Committee and voted unanimously to request the Board of Selectmen to place the article in the warrant After discussion the Board agreed to place the article in the warrant Upon motion duly made and seconded, it was voted to place an article in the Warrant for the 198a Town Meeting requesting that the Adams School be included in the East Village Historic District Town Meeting The Board again discussed the proposal that the date for the first Change of deliberative session of Town Meeting be changed from March 22, to April 5 Date Upon motion duly made and seconded, it was voted to change the date for the first deliberative session of the 1983 Town Meeting from March 22 to April 5, 1982 Town Meeting The Board discussed the question of whether or not to place an article Article in the Warrant for the 1982 Town Meeting to amend the term of the Planning re term Board members from five to three years Plan Bd After discussion it was voted 3-2, Mr Busa, Mr Crain and Mr Politi in the affirmative and Mrs Battin and Mrs Miley in the negative,to place an article in the Warrant for the 1982 Annual Town Meeting relative to amending the term of the Planning Board members from five to three years 1// L._ !r - 5 - �iC ) Selectmen's Meeting December 28, 1981 111 Upon motion duly made and seconded, it was voted to approve the Appointment Manager's appointment of Mrs Angela Frick as Lexington's MAPC repre- MAPC sentative The Board discussed the reply of the Town Meeting Members Associa- Outlook tion regarding the Outlook Drive project Drive The Manager informed the Board that he felt that this was not a priority item, although it is a legitimate consideration He stated that he was not recommending any new construction this year Upon motion duly made and seconded, it was voted to table the Out- look Drive project for further discussion Upon motion duly made and seconded, it was voted to approve the re- Sewer quest of Robert M. Bruce, 126 North Street, for a sewer betterment de- Deferment ferrment in the amount of $496 65 Upon motion duly made and seconded, it was voted by roll call vote, Executive 5-0, Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi to go Session into Executive Session for the purpose of discussing collective bar- gaining strategy with no intention of resuming the open session Upon motion duly made and seconded, it was voted to adjourn at 9 35 p m. A true record, Attest /1/11--- Executive Clerk f