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HomeMy WebLinkAbout1982-02-BOS-min 1t i 3 17 r A'L r� SELECTMEN'S MEETING r". r „„ ft, February 1, 1982 A regular meeting of the Board of Selectmen was held in Estabrook Hall on Monday, February 1, 1982 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 Adler, Assistant to the Town Manager and Miss Casey, Ex- ecutive Clerk were present. The Chairman convened the meeting and read a request from the Old One Day South Association in Boston for a One Day Liquor License for April 1 at Lig. Lie. the Museum of Our National Heritage. Upon motion duly made and seconded, Mr. Politi abstaining, it was voted to issue a One Day Liquor License to the Old South Association in Boston, for April 1 at the Museum of Our National Heritage. A request from the Town. Celebrations Committee for the use of the Battle Battle Green on Sunday, April 18. Green Upon motion duly made and seconded, it was voted to grant permission to the Town Celebrations Committee for the use of the Battle Green on Sunday, April 18 at approximately 1:30 P.M. ..w The Chairman requested the pleasure of the Board regarding two traf- Traffic f is items received by the Traffic Safety Committee. Safety I ` Upon motion duly made and seconded, it was voted to request the Com. recommendations of the Traffic Safety Committee relative to a request from Marion Dolan for a painted guide line at Five Forks and a request from Capt. Lima for a "No Parking" sign on Fletcher Avenue, The Chairman referred the Board to its copies of a letter from the Minute Minuteman Home Care Corporation requesting a letter of support for a Man grant application relative to a coordinated transportation system for Home CarE elderly and non-elderly individuals with mobility limitations. Corp. Upon motion duly made and seconded, it was voted to respond to the Minuteman Home Care Corporation in support of its efforts for a grant application, subject to funding in our Town Meeting process. Mr. Hutch- inson is to reply to Mrs. Dratch. The Chairman read a request from Town Counsel for the Board's sig- Conserva- natures on a deed for conservation land transfer. tion Land Upon motion duly made and seconded, it was voted to sign the deed Deed conveying land at the rear of Parker School to the Conservation Commis- Parker sion as voted under Article 41 of the warrant for the 1980 Annual Town School Meeting. A request for a letter of commendation from the Adams-Russell CATV Adams- Division was discussed. Russell ani Upon motion duly made and seconded, it was voted to indefinitely CATV postpone sending a letter of commendation to the Adams-Russell Company. 2 ft Minutes Upon motion duly made and seconded, Mrs. Battin abstaining, it was voted to approve the minutes of the Selectmen's Meeting of January 18. Transfer The Manager requested approval of the Board for a transfer from the Reserve Fnd. Reserve Fund to the snow removal account. Snow & Ice Upon motion duly made and seconded, it was voted to approve the trans- Acct. fer of $20,000 from the Reserve Fund to the Snow & Ice Budget Acct. #5500. BSC Eng. Upon motion duly made and seconded, it wasvoted to approve payment of Pmt. of a bill in the amount of $6,283.98 to BSC Engineering for professional services rendered in connection with the North Lexington Roadway Improve- ments project. The amount is to be deducted from the Selectmen's Gift Account. Committees The Board discussed the Selectmen appointed committees and agreed that many are no longer active and should be dissolved. Upon motion duly made and seconded, it was voted to dissolve the following committees: Ethical Issues Sub-Committee Health Finance Sub-Committee Health Legislation Sub-Committee Human Services Legislation Sub- Mandatory Retirement Sub- Committee Committee Appointment Criteria Committee Bicentennial Committee Burglar Alarm Committee Community Access Center Task Local Programming Task. Force Force Growth and Development Policy Proposals Evaluation Task Force Committee Insurance Committee Pest Control Advisory Committee Senior Center Site Committee Solid Waste Advisory Committee Flagpole Dedication Sub- School Sites Conversion Committee Committee Tax Rate At 8:00 p.m. the Board of Assessors met with the Selectmen to conduct 1982 the final public discussions on the 1982 tax rate. Mr. Willard Crush, Chairman of the Board of Assessors, explained the "split" rate proposed by the assessors stating that it was felt it was the fairest thing for all property owners involved. Mr. Albert Zabin questioned what impact a rise in the commercial- industrial rate would have on downtown merchants as he felt that rents are charged according "to what the traffic will bear" rather than based on the tax rate-and he favored giving the homeowner the best break possible without adversly affecting the local merchants. Mr. Robert Sacco, former president of the Chamber of Commerce, in- formed the Board that the Chamber had completed a computer analysis of all businesses in town showing the impact of tax rates by location which he will turn over to the Board of Assessors. Mr. Robert McAulay, 4 Lexington Avenue, suggested that the Board of Selectmen work toward having the Legislature change the laws which group commercial and industrial properties into the same classification. It was his contention that downtown retailers contribute to the "residential way of life" more than the 128 type industrial developments and the merchants should be eligible to be taxed at the residential rate. - 3 - aZ71-- r.. Mr. Crush explained that the Assessors have had a policy of request- ing new lease information when there has been changes in the larger build- -- ings, but not from the office buildings where there might be a smaller tenancy change. He said that they try to keep abreast of the major changes in tenancies. Mr. Grush also explained that spot checks had been done on Patten's figures comparing the ratio of assessed values to recent sale prices which indicated that Patten's work fell within a reasonable bracket for the Assessors' satisfaction. Mr. Hutchinson stated that property owners who still felt aggrieved about the accuracy of their new values can apply to the Board of Assess- ors for tax abatement proceedings following receipt of the spring tax bills. Mr. Politi expressed concern about the trend of converting retail space into office condominiums which cannot legally be prevented under the local zoning ordinances. It was his feeling that the Board should start to work toward changing the laws so that there would be a division between commercial, industrial rates and residential rates. Mrs. Battin stated that the potential problem of retailers selling their buildings for office space is one of the major issues being looked at by the Center Revitalization Committee in an effort to "stem" the tide. Upon motion duly made and seconded, Mr. Crain abstaining from vot- ing, it was voted to accept the recommendations of the Board of Assessors and set the 1982 tax rate at $1496 for residential property and $27.77 for commercial/industrial property. The Chairman thanked Mr. Grush and the Board of Assessors for -their efforts in presenting an equitable tax rate for all, and they retired from the meeting. Mrs. Battin requested authorization from the Board for approval of Mrs. Battin the registration fee to attend the Massachusetts Municipal Association IIA Conf. Legislative Conference on March 27. Upon motion duly made and seconded, it was voted to approve the payment of the registration fee for Mrs. Battin to attend the Massachu- setts Municipal Association on March 27. Mr. Cohen brought up the question of the recent passage of Clause Warrant Seventeenth C of Section 5 of Chapter 59 of the General Laws relating Article to tax exemptions for certain elderly persons, surviving spouses and Ch. 59 minors. He pointed out that the statute had to be accepted if these ex- Sec. 5 emptions were to continue. Mr. Grush suggested that an article be in the Warrant for this prupose. Upon motion duly made and seconded, it was voted to put an article in the Warrant relative to the acceptance of Clause Seventeenth C of Section 5 of Chapter 59 of the General Laws relating to tax exemptions for certain elderly persons, surviving spouses and minors. - 4 - 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: f ro Executive Clerk. .rr S i s * S SELECTMEN'S MEETING q- f _ February 8, 1982 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 8, 1982, 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 Adler, Assistant to the Town Manager; Mrs. Snow, Principal Clerk, were present. Mr. Hutchinson commented briefly on his review of the preliminary draft By-Law of General By-Law amendments as submitted by the By-Law Committee and Amendments explained that the Committee's appointment with the Board this evening had been cancelled due to illness of its chairman. Mr. Politi agreed to review and report to the Board on the draft, and, upon recommendation of Town Coun- sel, the draft, in its present form, will be filed with the Town Clerk. The Chairman requested the Board to vote its intention to lay out as Intent to public ways Outlook Drive, Meadowbrook Avenue and Wellington Lane Avenue. lay out Upon motion duly made and seconded, it was voted to lay out as pub- outlook. Di li - 9 - recent development in North Lexington and resultant increase in traffic on Bedford Street and Hartwell Avenue. He also noted in the cases of Bos- ton Properties and Data Resource, that the B/A had considered on-site probmew - lems it only concern when in both cases, the Planning Board had made recom- mendations regarding traffic which were not taken into consideration in the issuance of Special Permits. The Board of Selectmen was asked for its support of the Article. Mrs. Battin asked if the Board of Appeals would have guidelines to make determinations on off-site traffic impact. Mr. Sandy responded that such guidelines would be developed and that the Planning Board and Engin- eering Dept. would continue to provide recommendations. Mr. Politi raised a question as to the legal propriety of a require- ment to consider off-site criteria in the S.P.S. process. Mr. Cohen will research the legality of application of the proposed by-law. In response to Mrs. Miley's question about possible rezoning of certain industrial parcels, Mr. Sandy said that both rezoning for limited develop- ment and a construction moratorium have been discussed but that the Planning Board feels that this procedure through B/A Special Permit with Site Review, with each case reviewed on its own merit, is preferable. It was brought out that the Board of Appeals has doubts that restric- tions placed on traffic movement could be enforced. Enforcement procedures would need to be explored since the Building Commissioner is the only Zoning Enforcement Officer and it was felt that additional measures would be needed. Mrs. Wheaton noted offers to relieve traffic congestion made by various developers and felt that they would also cooperate regarding enforcement. Since the standard penalty for zoning violations is $100/day, industry would make an effort to conform. Mr. Busa brought out that the North Lexington Traffic Improvement Pro- 4 ject should relieve most of the traffic problems in the area. ile felt it unfair to place restrictions on the remainder of the commercially zoned,but undeveloped, land. Mr, Sandy responded that the State should not have to correct Lexington's traffic problems if more unrestricted commercial development is allowed. Mrs . Wheaton said that many developed sites in the Hartwell Avenue area, as well in other Commercially zoned areas of Town, have potential for expan- sion of facilities . The Chairman thanked the Planning Board for its attendance and for the in Fo rmat ion provided. The Planning Board retired from the meeting. Water Assest- A letter from the Town Engineer of Lincoln, requesting possible assis- ance, tance from Lexington during construction of a new water storage reservoir was Lincoln noted. Lincoln is seeking sources of water independent of its own to be used only in case of extreme emergency. Director of Public Works will be requested to review the request and to give his recommendations to the Board. Upon motion duly made and seconded, it was voted to table the request of the Town of Lincoln for emergency water supply assistance pending receipt of Mr. Tonaszuck's report to the Board. Amherst, N.H. Request from the Planning Board of Amherst, N.H. for information on mul- Zoning Info ti family zoning to assist in formulation of new regulations, was noted. Upon motion duly made and seconded, it was voted to send the Lexington Zoning By-Laws to the Amherst, N.H. Planning Board at no charge for the docu- ment. - - electmen's Meeting February 8, 1982 rim! Upon motion duly made and seconded, it was voted to grant the request Permit - { of the Lexington Minute Men, Inc. for the use of the Green on Sunday after-Minutemen noon, April 4, from 2 p.m. to 4 p.m. to rehearse the reenactment of the Battlegreen Battle of Lexington, and on Monday morning, April 19, for the purpose of the reenactment of the Battle of Lexington. Upon motion duly made and seconded, it was voted to transmit to the Flynn Traffic Safety Advisory Committee for its recommendation, a letter from request for Elizabeth M. Flynn, dated February 4, 1982, containing a request for warn- signs,Con- ing signs on Concord Avenue. cord Ave. Mr. Busa reported on a Channel 5 editorial about inadequate signage Lexington in Massachusetts in general, and a specific comment about poor directional btreet sign and street signs in Boston and Lexington. The Town Manager was asked the investigate the matter. Upon motion duly made and seconded, it was voted to appoint James F. Mr. Crain Crain as acting chairman for the period from February 9, 1982 to Febru- Acting Chmn ary 16, 1982, in the absence of Mr. Busa. Mr. Hutchinson informed the Board that the Muzzey School Conversion Muzzey Sch. Committee has selected four firms for the final competition for the con- Developers version of the Muzzey School. Developers will be interviewed by the Board and the Committee on March 1. pmm { The Manager noted a high degree of response to the newspaper article Parking on reserved parking spaces in the CBD and surrounding areas. Since the Permits, CB applications for permits may outnumber the spaces available, a lottery system may be used to allocate the spaces. Upon motion duly made and seconded, it was voted to adopt the "Begin- Parking lations for Permit Parking" as follows: Regulations adopted Regulations for Permit Parking These regulations govern the use of off-street parking lots operated by the Town of Lexington and designated for permit parking only. 1. The permit is issued to an individual or a company (the permit holder) and may be used for the parking for one of up to five (5) authorized vehicles, the motor vehicle registration number of which is listed, by the permit holder, on the application form and shown on the permit. The permit may not be used with any other vehicle whose vehicle regis- tration number is not listed on the permit. 2. Permits may be issued for periods of three, six or twelve months only. All permits will expire on the last day of a month and will be stamped accordingly. Permits issued on or after the 25th day of a month are valid for the remainder of that month and for the three, six, or twelve month period following thereafter. 3. The permit must be displayed on the inside of authorized vehicles so 1 that the motor vehicle registration numbers may be read by a police officer. The permit shall be clipped to the sunvisor on the driver's side of the vehicle. If the vehicle is parked in the outside row of -4- a parking lot, the driver shall either: 1) back into the parking space and display the permit through the windshield, or drive into the parking space and swing the visor so the the permit is dis- played through the window in the door on the driver 's side. If the permit is not displayed, a parking ticket may be issued for unauth- orized parking in a restricted area. The authorized vehicle must be parked in the area designated by the signs for public permit parking. If parked elsewhere in the lot, a parking ticket may be issued for parking in a restricted. 4. A permit is valid only in the lot for which it is issued with the exception that permits issued for the Arts and Crafts Society lot and the Church of Our Redeemer lot are valid after p.m. and on Saturday, in anv other permit lot. In the case of a special event at church or at the Arts and Crafts Society which occurs on a weekday, the Police Department may authorize alternate arrangements, on a tem- porary basis, by specific notification of, and at no additional cost to permit holders. Permit holders receive no other privileges for the use of Town oper- ated parking spaces elsewhere in the Center; they must abide by all other traffic and parking regulations including use of meters or the parking ticket machine in the Meriam Street lot. 5. The Town will not issue more permits than there are spaces in the lot. The Town will not assign individual spaces to permit holders. The per- mit holder is entitled to park in any space in the lot for which the permit is issued. 6. No parking is permitted in permit parking lots between 12.01 a.m. and 5:59 a.m. , except where no parking is permitted after 6 p.m. 7. In the event a permit is reported lost, or the vehicle registration number of one of the vehicles is changed, and it is necessary to issue a replacement permit, a fee of $3.00 will be charged. 8. Permits for parking spaces in permit lots will be issued on a first come/first served basis. If permits have been issued for all the spaces in a lot, applications will be held on file. If a parking space becomes available, it shall be offered to the person whose applica- tion form bears the earliest date, and to all other persons in the chrono- logical order of the applications, until a permit is issued. 9 . The Town reserves the right to revoke a permit for violations of these regulations and may require the permit holder to surrender the permit. In the case of repeated violations of these regulations, the Town reserves the right to place a permit holder in a probationary status and not issue a new permit for a period of up to six months. N. Lex. Mr. Hutchinson gave an update on the North Lexington Traffic Improvement Traffic Project. Because design costs have increas ed due to changes made, contribu- Improvement tions from industry will not constitute sufficient funds to complete the design. Mr. Tonaszuck estimated that an additional $5,000 will be needed and recommended that the Town adopt Ch. 570 of the Acts of 1980 to gain State fund- ing. , -5- --, ., - Selectmen's Meeting February 8, 1982 r.. 1 Michael Hanlon, Town Engineer, who will be leaving the Town for a T. Engr. position in Florida, was thanked by the Selectmen and the Town Manager Hanlon - for the excellent performance of his job while in Lexington. resignation The Town Manager requested approval of payment of $5,355 to Charm Charm Const Construction Co. for extra work on troy f sewer o ra is regarding con- o.extra �' struction of an extra wide trench on„jnco d ue u s described in the cork Conor January 22 memorandum from Michael Hanlon,• Torr n gi eer.. Avenue It was noted that Charm Construction Co. has made claims for extra compensation on repeated occasions. Upon motion duly made and seconded, it was voted to approve payment of an additional $5,355 under Contracts 80-2-E and 1-1-E to Charm Con- struction Company for extra work on Concord Avenue. The vote was 3 - 2, with Mr. Busa and Mr. Politi voting in opposition Upon motion duly made and seconded, it was voted to approve the re- Transfers quest of the Town Manager for a transfer of $500.00 from the Reserve Fund into the Office Machines Maintenance and Repairs Account #2930. Upon motion duly made and seconded, it was voted to approve the re- quest of the Town Manager for a transfer of $10,000.00 from the Reserve Fund to the Fire and Police Medical Accoutn #1125. pin Letter from Nyles Nathan Barnert, Chairman of the Capital Expendi- Cap.Exp. tures Committee was noted. The letter expressed the Committee's displeas- Comm. dee- ' ure at the deletion of certain items from the Warrant for the 1982 Town tions from Meeting. Mr. Barnert felt the Committee should have been notified of the Warrant action. The Chairman will arrange for discussion with Mr. Barnert on the matter. Letter from the Office of the Water Board of the City of Cambridge N.Lex.road was reviewed. The letter expressed concerns regarding proposed highway constructio improvements in the Marrett Road/Forbes Road area and its impact on the Hobbs Brook Hobbs Brook Reservoir drainage basin, owned by Cambridge. Mr. Hutchinson Basin will keep the Cambridge Water Board informed of the project plans. Upon motion duly made and seconded, it was voted 5-0 by roll call vote -- Mr. Busa, Mrs. Battu, Mrs. Miley, Mr. Crain, Mr. Politi -- to to into Executive Session for the purpose of discussing a matter of liti- gation, with no intention of resuming open session. Upon motion duly made and seconded, it was voted to adjourn at 8: 55 p.m. A true record, Attest: r I t t LO 't (t1 1 /' \S(litt tr--- Marion H. Snow plim I Principal Clerk i a i • d a. s\'\'‘ SELECTMEN?S MEETING r.. February 22, 1982 { A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, February 22, 1982 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 Adler, Assistant to the Town Manager; Miss Casey, Executive Clerk, were present. The Chairman convened the meeting and opened the hearing on the peti- N.E Tel tion of the N. E. Telephone Company for permission to install conduit in Woburn St. Woburn Street in order to provide service to the new Lexington Elderly Conduit Housing Development. Notices of the hearing were sent to all abutters. Mr. Robert E. Boudreau was present representing the Telephone Company. A memo from the Director of Public Works/Engineering recommending approval was read by the Chairman. No one spoke in favor or in opposition; the Chairman declared the hearing closed. Upon motion duly made and seconded, Mr. Crain abstaining, it was voted to grant permission to the N. E. Telephone Company to install conduit in Woburn Street as follows: Woburn Street: on the southerly side from existing pole #114/56, approximately 84'4- (feet) of conduit in an east- erly . private owned bythe Lexington direction to a px�.v t wayg Housing Authority. The Chairman opened the hearing on the petition of the N. E. Telephone N. E. T : Company and Boston Edison Company for a proposed joint sidewalk anchor guy & Boston on Mass. Avenue. Notice of the hearing was sent to the abutter. Mr. Bou- Edison dreau was present representing both companies. Mass. -ANN A memo from the Director of Public Works/Engineering recommending Anchor approval was read by the Chairman. Guy No one spoke in favor or in opposition; the Chairman declared the hearing closed. Upon motion duly made and seconded, Mr,- Crain abstaining, it was voted to grant permission to the N. E. Telephone Company and Boston Edison Company for installation of a sidewalk guy as follows: Massachusetts Avenue: in front of #120 Massachusetts Avenue on existing pole #57/7, one (1) sidewalk anchor guy. The Manager referred the Board to its copies of a memo from the 1982 Tax Board of Assessors indicating a change in the tax rates due to keypunch- Rate ing errors on the part of the computer subcontractor, Finnegan Associates. Change He requested approval of the Board for the changes and signatures on the form to be filed with the Department of Revenue. Upon motion duly made and seconded, it was voted to approve the change in the tax rate for o properties to 1 ._ 97and $27.74 for C/I/P properties. ....mmiimmmm - 2 - Upon motion duly made and seconded, it was voted to sign Form LA5 (4-81) to be filed with the Bureau of Local Assessment, Department of Revenue, Boston, Mass. ...op Sewer Ease- The Manager requested the Board's signatures on a sewer easement from ment Rose-Mal Realty Trust granting the Town of Lexington perpetual rights for Rose-Mal a sewer easement across their property. Hayden Ave. Upon motion duly made and seconded, it was voted to sign the sewer easement granting the Town of Lexington perpetual rights across the prop- erty of the Rose-Mal Realty Trust on Hayden Avenue. LEA, Inc. Mr. Hanlon, Town Engineer, introduced Mr. Paul Guertin, Vice-President Sewer Mr. Ken Carlson, Engineer and Mr. Paul Weisman, Project Manager, of Linen- Report thal, Eisenberg, Anderson, Inc. who presented a progress report on the sewer system evaluation survey. Mr. Hanlon explained that the first phase of the study has been com- pleted and a report submitted to the State for review which has been accepted. He also informed the Board that a grant increase is expected which will en- able LEA to proceed with the second phase. Mr. Carlson explained the report in detail to the Board which indicated that the sewer system capacity and condition, generally, was very good and explained the problems and recommended solutions, including problems with sump pumps. Mr. Guertin informed the Board that on December 29, 1981 the President signed into law amendments to the Clean Water Act. These amendments now make Step I and Step II no longer a part of the program and must now be pre-financed by the communities. He explained that the State EPA will ....... allow the Phase III part of Lexington's program to continue as the Town is already in a Step I grant of which Phase II is a logical extension. He also informed the Board that legislation is pending which will extend the State's bonding authority in order to be able to fund Step T and II. He urged the Board to support this legislation and discuss it with our State representatives. Another major change as of October 1, 1984; the percentage of the Federal share will be reduced from 75% to 55% which makes scheduling more critical than in the past. If the State legislation doesn't get adopted in a timely fashion, in order to ensure that the Town's 75% is saved, it would have to more forward by the end of this year. The Chairman thanked the gentlemen for updating and informing the Board and they retired from the meeting. Mrs. Anne Grady, Chairman of the Garrity House Committee, informed the Board that the Committee recommended the proposal of Robert J. Lind for the rehabilitation of the Garrity House and carriage house. She in- formed the Board that three proposals had been received and one was with- drawn. She introduced Mr. Lind to the Board who answered questions from the Board and presented a document from the Leader Federal Savings Bank guaranteeing that the bank will take over and complete the project in the event that Mr. Lind in unable to do so. Mrs. Grady informed the Board that the Committee is arranging a meet- ing with the neighbors in the vicinity of the Garrity House to go over the ...... t i Selectmen's Meeting February 22, 1982 proposal with them for their reaction and report back to the Board for its next meeting. The Chairman thanked Mrs. Gradt and the Committee for the excel- - lent cel- lent job done on a time-consuming project. Mrs. Grady and Mr. Lind retired from the meeting. Upon a motion duly made and seconded, it was voted, Mt. Politi abstain- One-Day ing, to grant a One Day Liquor License to the Recreation Association of Lig. Lic. W. R. Grace for March 2, 1982. Upon motion duly made and seconded, it was voted to sign the Order of Drain Ease- Taking for the drain easement on North Street in conjunction with the sewer rent construction. Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's meeting of January 27 as corrected, and the minutes of the meeting of February 1 as submitted. Upon motion duly made and seconded, the Board voted the intent to take Rockville temporary construction easements for the Rockville Avenue construction. Avenue Easements Upon motion duly made and seconded, it was voted to approve the request Transfer of the Director of Public Works for a transfer of $10,000 from the Reserve Reserve Fund to the Snow & Ice Account #5500. Fund ` Upon motion duly made and seconded, it was voted to authorize the Town of Town Manager to respond in the affirmative, subject to the provisions in Lincoln the Town Engineer's memo of February 19, to the Town of Lincoln relative to Water its request to utilize Lexington's water system during construction of its Connection new storage tank. The Manager reported to the Board that he had held an administrative Revenue hearings on revenue sharing as required by law earlier this evening. He reported that one citizen and three staff members attended, and a letter from the Council on Aging suporting utilization of money for the Council's budget. He informed the Board that all groups involved will be contacted again and he will have recommendations for the Board at its hearing on March 15. The Chairman read a request from Elizabeth M. Flynn, Town Meeting Traffic Member from Precinct 3, requesting the erection of warning signs on Con- Signs cord Avenue for the benefit of the residents in the neighborhood. A report Concord from the Traffic Safety Committee for the errection of two "CAUTION-VEHICLES Avenue SLOWING AND TURNING AHEAD" signs on Concord Avenue. Mrs. Flynn thanked the Board and the Traffic Safety Committee for the expeditious handling of the request and she retired from the meeting. Upon mtion duly made and seconded, it was voted 4-1, by roll call Executive vote, Mr. Busa, Mrs . Battin, Mrs. Miley and Mr. Crain in the affirmative Session 1064 and Mr. Poli ti in the negative, to go into Executive Session for the purpose 1 ! of discussing the transfer of real estate. ! ' After discussion the open meeting was resumed. - 4 - Minuteman The Board met with proponents and opponents of the proposed Minuteman Commuter Commuter Bikeway. Several residents who are abutters to the railroad were ,,, Bikeway in attendance and expressed opposition due to loss of privacy in their back yards, annoyance from the lighting, vandalism, noise from motorized bikes and loss of the area for cross country skiing, horseback riding and nature walks. Opposition was expressed for the use of funds for this purpose instead of being used for improving public safety hazards. Questions were posed rela- tive to the policing and mainentance of the area. The Manager stated that he felt that the concept for a bikeway was good, but the plan posed some "real policy questions" that must be considered. He cited the need to appropriate funds to maintain the path, including snow re- moval, and the security problems. He stated that he felt that the plan should not be endorsed by the Board if the Town would be required to fund the main- tenance costs. He stated that the Town does not plow any of the bikepaths we now have and felt that there was an argument for not putting in lighting due to costs. The Director of Public Works agreed with the Manager and also pointed out the Town's potential liability in case of accidents if funds are not available to properly maintain the path in winter. Mr . Thomas Fortmann, Member of the Bikeway Committee, stated that the Town's expenditure to maintain lighting would be approximately $4,000. He informed the Board that a local contractor had volunteered to help remove the railroad ties along the route "at cost". Mr. Fortmann stated that approx- imately 15 ,000 bicyclists were expected to use the entire eleven miles of the route, but did not have specific figures of how many are expected to pass through Lexington. He stated that the estimated cost for the maintenance, including snow plowing, cutting machines etc. , would be $4,000, or half of the total cost. Mr. Busa pointed out that under the Municipal bidding lows, individual groups could not go out and negotiate their own "deals" for contracting, such as removing the railroad tracks and ties. Mr. Fortmann stated that he knew that the contract would have to go out for bid, but the contractor had the equipment and said he would do if for "cost" and would bid that way, and if someone bid lower, they would get the job . Mrs. Battin asked if the Board could submit the proposal as drafter and then work out the level of maintenance with the other four towns so that there is a unanimity and have it part of the memorandum of understanding. The Manager stated that it was his understanding that it could be done, but felt that the Board should assume that there will be the "full load" because from the cost standpoint, that is the worst case situation. He stated he felt that the issue here is whether or not to go forward and the issue of lighting etc. would have to be like any other project aht would have to be resolved as the project goes forward. The degree of the cost is unknown. Mrs. Battin stataed that it was her understanding that by a vote tonight, the Board would not be committed to any level of intensity of lighting or maintenance costs. She asked if there was a time limit on the decision. - 5 ,,.,. r.. The Manager stated that Arlington was looking for a decision this month and felt that it should be made within the next two weeks. The Chairman stated that he felt that answers to questions raised by the residents should be before the Board before a vote was taken. Mr. Crain suggested that it not be delayed more than one week as the composition of the Board will change after the election. Mrs. Miley stated that she had consulted with a man involved in the bicycle paths in the Department of Environmental Management with the State and was quite satisfied that parts of the draft that Mr. Fortmann had mentioned and brought to the Board's attention before seemed to be universal throughout the country as well as the state. She stated that she would like to be a part of the decision because of her involvement in the bikepath concept for years and would appreciate it if a decision could be made at the next meeting. Mrs. Battin asked if the Manager and his staff could work this week on the problems of maintenance we are going to do with other towns in- volved and try to reach an agreement on the level of intensity of illumina- tion. Upon motion duly made and seconded, it was voted to defer a decision on the bikepath proposal until Monday, March 1. The Board met with members of the Chamber of Commerce and members of the Center Revitalization Committee relative to proposed changes in ■■� the new parking regulations for the Center. ` v The Manager explained eight proposed short-term modifications that is expected to help implement the plan. Mr. Michelson of Michelson's Shoe Store addressed the Board and presented a plan which he believes is best suited to the all day parkers and short term parkers. Some of Mr. Michelson's suggestions were in- corporated in the changes proposed by the Town Mangager. Mr. Chait, President of the Chamber of Commerce, congratulated the Center Revitalization Committee, Town Boards, Manager's Office and all that were involved in the new parking program for doing something posi- tive together, although there are still areas that need attention. He stated that firms and individuals closest to the problems really believe that they would suffer financial loss unless something had been done to adjust the plan. He pledged the support of the Chamber relative to working with the Town in a way that all will agree to improve the park- problems in the Center. Mrs. Battin, Chairman of the Center Revitalization Committee, also expressed appreciation to staff members and thanked the Chamber of Commerce for inviting the Committee to its meeting to talk over the problems and come to some agreement. Mr. Jack Powell, owner of the Minute Shop, requested the Board to accept two petitions signed by 48 merchants and 402 customers petition- ing the Board to reverse its decision to implement the parking plan. Due to the fact that the petition signed by the merchants had been signed the first day of the implementation before the meeting of Mrs. r.. Battin and Mr. Bowyer with the Chamber of Commerce, Mr. Busa suggested that, if necessary, after the changes have been implemented, a new 6 - petition be submitted. The petition of the customers would be accepted due to the fact that signatures had been obtained up to Saturday. Rev, Brian Dixon, pastor of the Baptist Church, suggested that the 10 hour spaces in front of Cary Hall be changed to two-hour spaces in order to make spaces available for short-term parking because the church offers citizens programs including a Senior Citizens Drop-In-Center on Tuesdays. The Chairman stated that Rev. Dixon's request will be taken into con- sideration. Dr. Mazer requested that two-hour meters be installed in Muzzey Street instead of the ten-hour meters. Attorney Hagerdon presented letters from Dr. Schramm and Dr. Perry requesting short-term parking spaces on Muzzey Street. The Manager suggested that he work with the Chamber of Commerce rela- tive to suggestions to eleminate ten-hour meters in the area. Upon motion duly made and seconded, it was voted to institute the parking program changes submitted by the Town Manager who will also work with the Chamber of Commerce and report back to the Board regarding the suggestions to eliminate certain ten-hour parking meters on Waltham and Muev Streets and institute short-term parking. The Chairman thanked those in attendance for thier in-put and they retired from the meeting. Appropria- The Board met with the Appropriation Committee to review the finan- tion Comm. cial articles for the warrant. The Manager informed the Board and the Committee that the anticipated short-fall would be in the range of $280,000 to $350,000 because of the determination that has to be made on the pension question by counsel. Mr. Dailey, Chairman of the Appropriation Committee, addressed the Board relative to the differences in suggested appropriations. �. He explained that information the Committee had indicated that the problem in the water system was due to a percolation problem. It was the feeling of the Committee that if it was a major problem, the in-house forces could identify the problems and isolate them and work on them and a great deal of the requested $75,000 could be used for repairs as opposed to doing a complete study and investing the $75,000 for that purpose. Mr. Dailey stated that his Committee had met with the Capital Ex- penditures Committee and they are carrying $150,000 under article #18-- D.P.W. Equipment. He explained that his Committee feels that the Dir- ector of Public Works should be able to purchase what equipment he feels is necessary, fut if there is a short-fall, $40,000 for the sander could be deferred for a year. Relative to article 22 -- Microfilm Program, it was the feeling of the Committee that this would be an on-going expense as opposed to the purchase of equipment or a one-time expenditure. The Manager agreed that it was the beginning of a program and it was proposed to be done over a number of years. Mr. Dailey explained that the Committee had recommended funding for recreation articles and did not feel that it could approve the requested $70,000requested under article #35 for an all weather track. Mr. Crain suggested that the Manager meet with the Acting Superin- tendent of Schools to determine if they can help with the short-fall. The Board and the Manager agreed. g6r - 7 - The Manager expressed concern over the difference in the Reserve Fund appropriation request of $175,000 and the Committee's recommendation of $150,000. Mr. Dailey stated that he felt that there would be no problem. The Chairman thanked the Committee for attending and they retired from the meeting. Upon motion duly made and seconded, it was voted to amend the Traffic Rules and Orders of Lexington, adopt d y kbe Board of Selectmen on November 13, 1967, are hereby amended as follows: By deleting from Article V, Section 22, Schedule #9 the following: Location Hours of Operation Meriam Street Parking Lot 8:00 A.M. - 5:00 P.M. and by adding to Article V, Section 22, Schedule #9 the following: Location Hours of Operation Meriam Street Parking Lot, from 8:00 A.M. - 5:00 P.M. Meriam Street 509 feet southeasterly and by adding to Article V, Section 2, Schedule 1, and to rm. Article II, Section 7, Schedule 1, the following: Location Hours of Operation Meriam Street Parking Lot Southwest Permit Parking Only Quadrant from Station Way 420 feet Monday thru Saturday southeasterly Tow away Zone Mrs. Battinrequested the Board's support of the Planning Board Planning Bd. relative to its recommendation to the Board of Appeals not to grant the Request re: request for the removal of the restriction contained in the special per- Peking Gar. mit issued to Peking Gardens Restaurant. Rest. Upon motion duly made and seconded, it was voted 3-2, Mr. Busa and Mr. Politi voting in the negative, to convey the concerns of the majority of the Board of Selectmen to the Board of Appeals relative to the petition of Peking Gardens Restaurant for the removal of the restric- tion on the special permit due to the Selectmen's concerns that to do so would excerbate the parking problem in the Center. Upon motion duly made and seconded, it was voted to adjourn at 11:45 P.M. A true record, Attest: ,14 ,-4 rmi Pr- xecutive Clerk