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1982-09-BOS-min
t r { E.M.^ SELECTMEN'S MEETING /71 September 13, 1982 } A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 13, 1982, at 7:30 P.M. Chairman Busa, Mrs. Battin and Mr. Politi; Mr. Hutchinson, Town Manager; M±. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager; and Mrs. Snow, Principal Clerk, were present. Mrs. Joan Clark, Natural Resources Committee Chairman, League of Women Hazardous Voters, met with the Board to present details of a proposal for 1-time col- Household lection of hazardous household wastes and to request support for funding for Waste the project. She said that the project, outgrowth of the 1980 Natural Resources Com- mittee study of hazardous waste disposal regulations, was supported by the Fire Department, Board of Health, Conservation Commission, D.P.W., Town Chemical Advisory Committee, the Recycling Committee and Citizens for Lexing- ton Conservation. Fire Chief Bergeron, Health Director Smith and Angela Frick, Conserva- tion Commissioner and MAPC Representative, were also present. Mr. Smith told of inquiries from residents to him regarding disposal methods for wastes such as disinfectants, pesticides, dry chlorine and f lam-- mables. He told of the dangers of prolonged storage or illegal dumping of such materials in storm drains and subsequent damage to the environment. His investigations showed that individual collection by private firms is prohibit- ; ively high in cost which factor would tend to encourage illegal disposal of these materials. Mrs. Clark introduced a representative of Recycling. Industries, Inc. of Braintree, a firm which is proposing to pick up such wastes at a central loca- tion in Lexington. He estimated the cost to the Town would be $600, based upon a figure of five to six 55-gallon drums at $100 each. The League would take responsibility for publicity and instructions for disposal but requests that the Town provide funding and a collection site. The D.P.W. property on Bedford Street was suggested as ideal for this purpose. Recycling Industries would decide upon collection methods, supply recep- tacles and have one or more chemists on site to inspect materials and their packaging. The materials would be received and packaged in the drums and re- moved that day to Braintree for disposal. Saturday, October 23rd is the tar- get date. Mrs. Clark advocated that the first pick-up of this type be free, up to a maximum quantity. After that maximum, residents could be charged at a fee to be worked out. Mr. Hutchinson considered the project to be administratively worthwhile and said that funding would be available through the Sanitary Landfill Account. As to consequences to the Town if the project is not carried out, he said citizens would probably continue to dispose of these wastes in Town trash pick-- r.. up or the sewer system. In addition to contamination of the environment, there is the danger of volatility. Chief Bergeron reported that the local advisory team has expressed con- cern at infiltration of water supply because of improper disposal of wastes. ' -2- He -2-He supports implementation of the plan for pick-up and said that DEQE con- siders the project a potential model for other communities. Mr. Politi question the expenditure of Town funds for this purpose. He was not convinced this service should be free to residents. He felt that mast because of the interest shown by citizens who had called Mr. Smith, they would be willing to pay the nominal costs involved He also raised question about the Town's liability in this procedure. He was informed that Recycling Industries would indemnify the Town for its residents, as generators, from any damages associates with the improper dis- posal of this waste. Mrs. Frick reported on a 2-year study of hazardous waste disposal by MAPC and considers the L.W.V. proposal to be an innovative one. On behalf of the Conservation Commission and on the basis of protection of wetlands and natural resources, she asked the Selectmen's support for the project. She complemented the League on public education regarding the damage done be indiscriminate disposal of hazardous household wastes. Regarding the charging of fees, Mrs. Clark said that the L.W.V. felt that a no-charge collection on a 1-time basis would provide impetus to citizens and felt that the Town should be providing this service as part of its trash col- lection program. It was agreed that Recycling Industries will prepare and submit a contract for Town Counsel review. Upon motion duly made and seconded, it was VOTED: To accept the proposal of Recycling Industries, Inc. for one-time pick- mid up of hazardous wastes, subject to review and approval of the proposed contract by Town Counsel. The Town Manager will prepare recommendations on the question of institu- tion of a fee schedule for larger amounts and other technical issues raised for further consideration of the Board at its meeting on September 27. Mrs. Clark was thanked by the Chairman and she retired from the meeting. Lexington Mrs. Francesca Anderson, Coordinator of the Lexington Arts Festival, met Arts with the Board to discuss the Art's Council's plans for its first Arts Festival Festival on Saturday, October 9, with events at eight locations in Lexington Center. The one-day festival will include artists exhibit iOnn and demonstrations, musical events in churches and Cary Hall as well as outside, performance by the Lexington Theatre Group, activities for children in Cary Library, and a Bicenteirnial Band concert on the Green. It was explained to Mrs. Anderson that, because an entrance fee will be charged, the Council will be charged for custodial services and energy costs in Cary Hall, as required under the Cary Will. She will confer with the Town Manager as to the amount of the charges. Upon motion duly made and seconded, it was VOTED: To grant permission for use of Cary Hall and Es tab rook Hall in Cary Memor- ial Building on October 9, 1982, for activities related to the Lexington mod Arts Festival, subject to the Council's willingness to pay certain charges. I -3- Selectmen's Meeting September 13, 1982 Upon motion duly made and seconded, it was VOTED: . Battlegreen ' for useArtsFestival To grant permission to the Lexington Council for the Arts s of the Battle Green on October 9, 1982, from 2:00 p.m. to 3:00 p.m. for a Bicentennial Band Concert. The Chairman extended the Board's wishes for success with the Festival. Mrs. Anderson retired from the meeting. Upon motion duly made and seconded, it was VOTED: To grant permission to the Lexington Minute Men, Inc. for use of Battlegreen the Battle Green on October 3, 1982, at 4:00 p.m. for their ins tally-Lex. Minute tion of Officers Ceremony. Men Memo dated August 27, 1982, from Francis X. Field, Town Engineer, re- questing that the Board sign Orders of Sewer Construction and Sewer Taking for Balfour and Wood Streets was noted. Upon motion duly made and seconded, it was voted to sign the Order of Sewer Taking Sewer Taking for Balfour Street from Harbell Street 382'+ to Asbury Balfour S t. Street. Upon motion duly made and seconded, it was voted to sign the Order of Sewer Con- Sewer Construction for Wood Street from Conestoga Road 975'+ norther- struction ly. Wood Street Upon motion duly made and seconded, it was voted to sign the Order of Sewer Construction for Wood Street from Bates Road 950'+ northerly. Upon motion duly made and seconded,it was voted to ratify the poll C.O.A. vote on August 30, 1982, approving application to the Department of Grant Appls. Elder Affairs by the Council on Aging for funding. The item regarding amendment of the Traffic Rules and Orders, Schedule Parking Fine of Parking Fines, tabled on August 23, 1982, was discussed briefly. Upon Schedule recommendation of the Town Manager, it was decided to defer action on the matter. Upon motion duly made and seconded, the minutes of Selectmen's Meeting Minutes of August 9, 1982, Executive Session, August 9, 1982 and August 23, 1982, were approved as presented. Upon motion duly made and seconded, it was voted to approve the appoint-Appts. to ments to the Council on Aging by the Town Manager of Wendall Benway, C.O.A. for a term to expire on June 1, 1985, Levi Burnell and D. Barbara Ciampa for terms to expire June 1, 1984. Upon motion duly made and seconded, it was voted to approve the Con- Ch. 90 fund tract enacted under Ch.191 of the Acts of 1982, Chapter 90 Highway Contract funds for authorization of reimbursement for expenditures for high "construction, reconstruction and improvements" of an amount of $109,476. omm The Town Manager requested approval of his outline of Time Sequence for FY84 Street FY84 Street Acceptance procedures. Accept.Sch. Upon motion duly made and seconded, it was voted to approve the Time Sequence for FY84 Street Acceptance as submitted by the Town Manager. -4- Trash Regu- lations Mr. Hutchinson informed the Board of complaints from citizens regarding the hardship imposed by the regulation which prohibits trash being set out before 5:00 a.m. on the day of collection and recommended that Items #8 and 9-b of the regulations on trash pick-up be amended to allow the setting out of trash containers no s000ner than 1 hour after sunset on the day preceding •.r� collection. He informed the Board tha, pending approval by the Selectmen, the Board of Health is prepard, after due notice to violators, to impose fines of $50 for violation of the trash pick-up regulations reported through the Police Departmen to the Board of Health. It was thought that use of proper containers should alleviate any prob- lems of overnight scattering of trash by animals. Upon motion duly made and seconded, it was VOTED: That the Rules and Regulations Governing the "Combined Curbside Collec- tion of Rubbish, Garbage and Ashes" be amended in Items #8 and 9-b by deleting the sentence "Containers are not to be placed at curbside before 5:00 a.m. on the day of collection." in Item #8; and replacing it with: "Containers are to be placed at curbside no earlier than 1 hour after sunset the day prior to collection,;, When possible, residents are encour- aged to place containers out on the day of collection."; and in Item 9-b by deleting the first two sentences and replacing them with the above amended wording of Item #8.. Waiver of The Planning Board was in attendance for participation in discussion of Zoning Re- its request for a policy statement from the Selectmen regarding waiver of zoning view Fees review filing fees for municipal building projects. The Planning Board would not be opposed to the waiver of this fee for the Elgin Associates, as requested by the Selectmen, but would consider such waiver precedent setting with respect to all similar cases in the future. Mr. Hutchinson recommended that Board establish a policy of waiver on pub-- lic building conversion projects and in particular when a proposal is not ' approved by the Town Meeting. He felt that the fee should be paid if a develop- er's proposal is accepted by Town Meeting. Mrs. Battin felt that either all such filing fees should be waived, whether for winning or losing propoents in joint ventures with the Town, or that none should be waived. She was opposed to differentiation based on the outcome of the proposal. Mr. Busa was in agreement with the Town Manager's recommendation and felt that fees should not be waived for a developer succesful in winning Town Meeting approval. He felt the extra demands on time and extra costs involved in such a proposal to comply with Town requirements, justified the waiver of fee for pro- ponents of defeated proposals. Mr. Politi said he was not opposed to the waiving of the fee for Elgin Associates. With regard to the question of waiving in all instances, he would be unwilling to make a blanket commitment for waiver for winning and losing developers since, in some cases, their failure could be due to poor presenta- tion, bad faith on the part of the developer or other similar siutations. He felt that waivers should be granted on a case-by-case basis. Mrs. Battin was opposed to review on a case-by-case basis. She noted that the Planning Board has indicated its disfavor with the waiver of this fee with- out a clear policy on all developers who work with the Town on the conversion of municipal buildings. If the Selectmen decline to set a policy on the matter, the Planning Board would set its own policy on waiver of fees. Mr. Busa informed the Planning Board that the consensus of the Selectmen was not to set a policy on waiver of zoning review filing fees for proponents omo of joint municipal projects. The Selectmen have requested waiver of the fee for the Elgin Associates proposal. If the Planning Board does not choose to do so, the Selectmen request that they be notified in writing of this decision. -5- Aloft Selectmen's Meeting September 13, 1982 A letter from theHousing Authority, informing the Selectmen that no Morrow state or federal funds are available for subsidization of low cost units in Crossing & Morrow Crossing and Potter Pond condominium developments, was noted. Town PotterPond Meeting proviso at the time of rezoning states that the developers make units within the developments available for acquisition by the Housing Authority, or, the alternative if funding is unavailable, for the developers to set up non - profit corporations to provide affordable housing in these units. Also reviewed was a letter from Robert Pressman, suggesting a method of Pressman implementation of the 1979 Housing Policy by use of Town owned vacant school ltr- vacan sites for construction by the Housing Authority of scattered site housing. school Ian, Mr. -Politi agreed to work with the Town Manager and Town Counsel and to contact the Planning Board's Subcommittee on Housing Needs, and return to the Board within 60 days with recommendations on procedures for implementation of the Town Meeting proviso regarding Potter Pond and Morrow Crossing. He will also explore Mr. Pressman's suggestion for use of future school sites with the School Committee and other appropriate agencies. The Board reviewed the draft "Charge to the Muzzey School Conversion Muzzey Committee, dated September 9, 1982, prepared by the ad hoc Muzzey School Con- School Con version Committee and submitted by the Town Manager. Committee Following discussion and clarification of several items in the text of Charge the draft, the Chairman recommended approval of the charge, despite the fact that a full Board was not present, to enable the Town Manager to proceed with 11.1 advertising for proposals for the use of the. school. Minor changes could be made in future, if deemed necessary. Mrs. Margaret Rawls, Chairman, TMt4A Executive Committee and member of the ad hoc Muzzey Committee, reported on the consensus of the Ad Hoc Committee in giving priority to residential use for Muzzey School, as outlined in the Planning Board's report, with particular emphasis on affordable housing for single people of all ages, couples, and small families falling within MHFA income guidelines. Affordable or market rate congregate housing for the elder- ly was also considered appropriate, particularly if provided in a mix with other types of housing. She noted the concern of the Committee with the part a Senior Center should play in the charge. Based on prior experience, it was found that devel- opers felt that inclusion of a Senior Center in a resident development f o r those other than the elderly would jeopardize the sale of residential units, hence a requirement in the charge for a senior center might result in the sub- mission of proposals designed only for the elderly. The ad hoc committee did not want to put at risk the possibility of using this property to obtain needed affordable housing in other categories. If the Senior Center is included as a possible recommended use, develop- ers and the Conversion Committee would again be put in the position of not knowing how much weight to give such a center in submitting and judging propo- sals. The Ad Hoc Committee agreed that if no Senior Center was required to be in- cluded in plans, the Selectmen should make a definite commitment now to bring plans for a Senior Center in another location before the Town Meeting in 1984. rThe Barnes property was suggested as a desirable location,on, based on its availa- bility in 2 br 3 years.._ The ad hoc committee felt that the question of desirability of a Senior Center in Muzzey andwillingness of the Town to fund and maintain such a cen- ter should be resolved before new proposals are sought. Developers should be Lr � -6- given specific guidelines as to what the Town wants so they can be respon- sive when submitting proposals. Mrs. Rawls reported on poll of members of the members of the TMMA Execu- tive Committee to try to gain a sense of the Town on the Senior Center issue. She prepared a draft statement which was placed before the 13 member present gown at its September 9 meeting. The Executive Committee members present were of the opinion that the whole problem of a Senior Center should be resolved before the question of whether to include it in Muzzey plans is decided. They could think of no way to accomplish this wiothout a special town meeting. All agreed that since they have received no hard data on the Senior Cen- ter, they are not convinced of the need. In reference to the 1978 commitment to a Senior Center, it was not felt to be a commitment as to location, size of program or scope of expenditure. A further imbalance in the housing stock with respect to elderly and other housing categories could result if emphasis on construction of a Senior Center was given precedence for Muzzey. Doubts were expressed by the Ececutive Committee that the Town Meeting would approve funding for a Senior Center if it were included in plans for Muzzey. Three members felt strongly that it should be required with a "no senior center" option, as required by the substitute motion, to allow the Town Meeting to vote on the concept as well as a specific plan. The other ten agreed that it should be an option rather than a requirement in Muzzey plans, and favored the statement put before them by Mrs. Rawls, as follows: "Studies have been conducted indicating the need for an enlarged Senior Center to provide increased services and activities for an expanding Senior population. The Council on Aging has expressed its satisfaction with a por- tion of Muzzey School as a location for such a center. There has, however, been no town or Town Meeting consensus on preferred location,; breadth of pro- fram, acceptance of increased costs, etc. ease A senior Center may be included in plans if developers think such a cen- ter would enhance or be compatible with their proposed residential plans. A layout acceptble to the Council on Aging for conversion of 8,000 square feet of the ground level of the school already exists, and may be made available to developers who request it. Because the Town Meeting has expressed a wish to vote on any Senior Center as a separate item, if one is proposed, it must be presented as an option; and an alternate plan must also be prepared showing the proposed development without such a center. In such a case, both plans would be presented to the Town Meeting. The inclusion of a Senior Center is not to be a deciding factor in judg- ing proposals. Rather, a developer's responsiveness to the housing priorities set forth in the Planning Board Report will take precedence. To cover the possibility of there being no Senior Center in the preferred plan, or the Town Meeting's turning down one that in included, the Selectmen have agreed to present to the same Town Meeting an article authorizing and fund- ing a committee to explore other possible sites, and funding, program and build- ing renovation needs - said committee to recommend to the 1984 Town Meeting a specific package for a Senior Center, and possibly for related Senior Service." There was doubt expressed that the last paragraph is necessary, in view of the fact that the Town Meeting has not yet been convinced of the need; but most agreed that it is politically wise, and that such an article would pro- vide a forum for presentation of facts, and for Town Meeting consideration of the whole Senior Center question. 6 -7- All members present expressed preference for more time to be given to the process than is planned, particularly to allow for well-publicized public participation before the final selection is made. It may take some time to work out innovative approaches to funding and management of affordable units. One month for preparation of proposals does not seem adequate if we are look- ing for something more than a well thought out floor plan. Mrs. Rawls reported that in its review of the Charge, since the Town has already met its oblisgations with respect to Publicly assisted housing for the elderly, the Executive Committee would prefer to see that item removed from the list of appropriate types of housing on page one of the draft charge. Mr. Busa commented that he felt it unwise at this point to commit the Board of Selectmen to come forth with plans for a Senior Center by 1984 due to the uncertainties of future financial- status of the Town and the fact that de- tails for future acquisition of the Barnes property are not specific at this time. Mrs. Battin said she would have preferred to have the question of the Senior Center resolved before voting on the charge. She said Town Meeting would be in no position to vote on the matter if polled, since the members had not been given available background information on the Senior Center and be- cause there is not formal mechanism for this procedure. The Selectmen have no guide as to whether the Senior Center should be included in the charge. She felt that the charge as drafted provided a way to get an informal consensus. Part of the Conversion Committee's consideration would be to arrive at a clearer sense of whether a Senior Center is desirable for Muzzey and how hard to push for it. ,.,., She felt it important when approving the charge, which does not require but gives an option for a Senior Center, that there is also an option which gives Town Meeting the opportunity to discuss the issue in the event that no Senior Cen- ter is included in the ultimate plans for Muzzey School. Mrs. Battin agreed with the ad hoc committee's suggestion that the Select- men present an Article authorizing and funding a committee to explore other pos- sible sites, a funding program and building renovation needs . The committee would recommend to the 1984 Town Meeting a specific package for the Senior Center, possibly including related Senior Services. Mrs . Battin asked Mr. Hutchinson, who had spoken to the absent members, Mr. Crain and Mr. Sacco, what their reaction had been to the draft charge. Mr. Hutchinson said both members felt there was nothing to be gained by delaying action on the charge. Both members expressed concerns relating to the Senior Center question but also understood that there are competing priori- ties and the vote should not be deferred because of their absence. Regarding their attitude on a separate article to authorize a committee, Mr. Hutchinson said that the fact that the charge allowed for proposals for a Senior Center to be presented( seemed to be acceptable to ,them. They 'understood that a certain given had almost been accepted and that we well may not have a Senior Center on this go-around, The issue of a separate article bringing the matter back to Town Meeting, he believed, they thought had merit. Mrs. Battin noted the tight time schedule and all that must be accomplished before the proposed January 27 special town meeting which would be only 51/2 weeks before the annual town meeting. She suggested that a special town meeting could be held one week after election, one week before the first business session of the !""" annual town meeting in March and notice of it sent with the call to the annual town meeting. It would give additional time to the committee and would save the expen- diture of funds for calling a separate special town meeting. fi -8- Mr. Busa did not favor a change in the schedule for the special town meet .ing until March, since the schedule as outlined is flexible. If sufficient pro- posals have been received and the committee feels the proposals can be acted upon, he felt the January 27 date should stand. He said the timetable, as pro- posed by the Town Manager, is not being voted upon and it was possible to expand it if circumstances warrant. mod Mrs. Battin said she was in favor of approving the recommendation and charge as presented, but for the sake of flexibility, with a change in the • date for submission of recommendations on the use of the facility by December 13, in preparation for a special town meeting in January. She would not, how- ever, make such a motion if there was a split in the positions of the members present or without the concurrence of the two absent members. Mr. Hutchinson said that Mr. Crain and Mr. Sacco had agreed that the ques- tions concerning the Senior Center should be addressed by the Board from the standpoint of looking at proposals received. He said, however, that there had been no specific discussion of a separate article, but both felt that it was an issue that could not be avoided in any ultimate decision. George Harris, Chairman of the Council on Aging, noted four years of activi- ties geared toward a Senior Center and availability of information gathered rela- tive to a Senior Center. He was concerned with progress and was not in favor of appointment of another committee. He felt the charge should not give such a broad choice of housing options to developers and that it precludes innovative proposals for a Senior Center in conjunction with affordable housing. He was dis- turbed with therderence in the charge that the housing issue take precedence over a Senior Center at Muzzey. Mrs. Battin noted in response to Mr. Harris, the Town Meeting vote on a Town Policy Plan in 1979, in which it did give precedence first to family housing and then to elderly housing. If a Senior Center is the driving force behind the use of Muzzey, elderly housing, and not a mix as set forth in the charge, would be the result. imed Mrs. Battin noted that Muzzey is no longer suitable for a Senior Center complex to include other support services for the elderly because Town Meeting eliminated all support services that do not serve Lexington residents exclusively. Most services for the elderly are regional. She mentioned the future availa- bility and suitability of the Barnes property for such a complex. She said the option for a Senior Center is included in the Muzzey charge, however, if the op- tion is not exercised, there needs to be a mechanism for a vote from Town Meeting to keep the Senior Center issue alive i.e. separate article Mr. Politi expressed agreement with Mr. Harris in his disappointment with the text of the charge on the Senior Center issue. He noted that all reports relating to the Senior Center are public and available and all discussions open to Town Meeting members. He felt that if the Selectmen believe strongly in a Senior Center, they should take more of a leadership role in the matter and have a responsibility to convince Town Meeting members of the need. In response to Mr. Politi's question to her on deferring action, Mrs. Battin said that Mr. Hutchinson's conversations with the two absent members seemed to indicate that they are in support of what was recommended. If not, or if any members present are in favor of deleting any portion of the draft charge, she would move to defer action until the full board is present. Mr. Busa felt that the recommendation could be approved to a point and if difference of opinion developed regarding the separate article, that portion could be further considered in the future when a full board is present. Mr. Politi noted that often Selectmen's reports on articles are not con- veyed to Town Meeting members until December or later preceding Town Meeting. mod He said that although Town Meeting had given precedence for family housing over elderly, it had not decided on priorities of housing over a Senior Center as the draft charge would seem to reflect. He felt that the charge, with res- pect to the Senior Center, did not provide much guidance to developers as to / ry -9- '' Selectmen's Meeting September 13 P 1982 specifically what the Town is looking for in ro 0 P P s als. Mr. Politi also felt it inappropriate that the item concernin set- ting up of a Senior Center Committee was g t he included in the Charge t© the Conver- sion Committee. He would not favor inclusion of that commitment for an ' Senior Center Committee at this time. article on the Mrs. Battin agreed with Mr. Politi about the Board's leadership • respect to supplyingTown Meeting role with with information on issues, but noted that since submission to the Selectmen of the Elderly Needs Assessment early in 1981, and the Council on Aging's study of Muzzey School as a site for a Senior Center in May, 1982, little or no dialogue has taken place on the Senior Center issue. The Selectmen have not taken a formal position on the ElderlyNeeds s Ass essment. Motion made by Mrs. Battin to table action on the draft charge until a full Board is present was not seconded. Mr. Politi said that he was not in a position at this time to approve a charge requiring that a Senior Center must be part of any proposal submitted. Motion was made by Mr. Politi and seconded by Mr. Busa to approve the draft charge to the Muzzey School Conversion Committee with the addition of the words "morefavorable" preceding the word "consideration" in Item #2, and with the detection of the paragraph in Item #14 relating to insertion by the Selectmen of an article in the warrant for the 1983 SpecialTown Meeting authorizing and funding a committee to explore the Senior Center issue. Motion was made by Mrs. Battin to amend M±. Politi's motion by reintroduc- ing the paragraph in Item #14 of the draft charge relating to authorization for formation of a Senior Center Committee. The motion was not seconded. Upon motion duly made and seconded, it was voted to approve, as amended, Vote to the Charge to the Muzzey School Conversion Committee, as attached. approve Charge Upon motion duly made and seconded, it was VOTED: To dissolve the Muzzey School Conversion Committee and to revoke the Dissolve Charge to that Committee as adopted on May 11, 1981. Muzzey- Com. revoke Chg. Upon motion duly made and seconded, it was voted to form a new Muzzey School Conversion Committee and to appoint the following as its members: Appt.Muzzey Sch.Conv. Alfred S. Busa Mary E. Shunney Comm. Donald Giller Lawrence Kernan George Harris Jacquelyn R. Smith Margaret Rawls Upon motion duly made and seconded, it was voted to abate the sewer charge g in lieu of betterment as follows: Abatement Sewer Chg. Ezra Sheffres 20 Adams Street $1,445.09 Sheffres MINIMMINIMM1b. - 10 - Construc- Upon motion duly made and seconded, it was voted to sign the Order of tion ease- Taking of Temporary Construction Easement for the construction of Outlook ment Drive, from Middleby Road, a distance of 400'+. mod Executive Upon motion duly made and seconded, it was voted, 3-0 by roll call Session vote, Mr. Busa, Mrs. Battin and Mr. Politi, to go into Executive Session for the purpose of discussing matters of litigation with no intention of resuming the open session. Upon motion duly made and seconded, it was voted to adjourn at 9:45 P.M. A true record, Attest: R mpectfully ubmit ed, Marion H. Snow Principal Clerk mew tor A b 7 CHARGE TO THE MUZZEY SCHOOL CONVERSION COMMITEEE The Commiteee shall prepare and review specifications for receipt of pro- posal s for the purpose of sale, transfer, lease or other appropriate use of the Muzzey Junior. High School within the following guidelines: 1. Only non -commercial use will be considered. 2. The top priority in the dispostion of this property is to provide housing for the Town of a type that is needed but not currently available. Natur- ally, proposals offering a financial return as well as meeting all other criteria for development will receive more favorable consideration. 3. The following types of housing would be considered appropriate for this development: Publicly assisted housing for the elderly Non-assisted "affordable" housing for the elderly Publicly assisted congregate housing for the elderly Non-assisted "affordable" or market rate congregate housing for the elderly Affordable "starter" units for young couples "affordable" units for one-parent households Publicly assisted housing for families Non-assisted "affordable" housing for families Preferably the "affordable" units in the building would conform to the MHFA price and income guidelines for its first home buyer program as follows:' r.• Size of Family Maximum Annual Income One $25,500 Two 28,500 Three 30,000 Four 31,500 Some market rate units may be provided if necessary to lower the cost of the majority of units. 4. A mix of residential uses, i.e. , congregate, starter units, elderly and family use would be acceptable and encouraged where feasible. 5. The Town would entertain either cooperative, condominium or rental units provided there are acceptable guarantees in deeds, mortgages or leases that assure the Town that all "affordable" units will remain in the "affordable" category referenced above. 6. Management control of either congregate, coop, condo or rental development must be so structured that the Town remains protected and the development in the building continues to meet Town expectations as the units are ac- quired by successive "generations" of occupants. 7. To the extent possible under the law preference for the facilities pro- vided in the building wil be given to people involved with Lexington through current or prior residence, current employment or other significant and demonstrable connection. ,,.,. 8. The Committee will encourage developers to consider alternative ownership and financing mechanisms such as limited equity condominiums, cooperative association, non-profit sponsorship and MHFA financing in order to achieve these goals. 7 9. There will be no increase in the size of the building, but rather we would encourage a decrease in size. 10. The entire building may be razed -- but any new development will be judged on its responsiveness to the � g p priorities set forth above. wow 11. Long-term leasing of the land should be encouraged. 12. The soccer field will remain open and in Town ownership. 13. All proposals must be compatible with the residential charactor of the neighborhood. 14. Studies have been conducted indicating the need for an enlarged Senior Center to provide increased services and activities for an expanding Senior population. The Council on Aging has expressed its satisfaction with a portion of the Muzzey School as a location for such a center. There has however, been no Town or Town Meeting consensus on preferred location, breadth of programs, acceptance of increased costs, etc. A Senior Center may be included in plans if developers think such a center would enhance or be compatible with their proposed residential plans. A layout acceptable to the Council on Aging calling for conver- sion of 8,000 square feet of the ground level of the school already exists, and may be made availbale to developers who request it. Because the Town Meeting has expressed a wish to vote on any Senior Center as a separate item, if one is proposed it must be presented as an option; and an alternate plan must also be prepared showing the proposed development without such a center. In such case, both plans would be presented to the Town Meeting. The inclusion of a Senior Cneter is not to be a deciding factor in judging proposals. Rather, a developer's responsiveness to the housing priorities set forth in the Planning Board report will take pre- cedence. ommd 15. Recommendations for use of such facility shall be submitted no later than December 13, 1982, in preparation for a Special Town Meeting in January. Appropriate hearing dates shall be coordinated with the Board of Selectmen, Planning Board, and other appropriate agencies. All appropriate hearings shall be completed before the Sepcial Town Meeting. I r Adopted September 13, 1982 71; '7 SELECTMEN'S MEETING ' - September 27, 1982 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, September 27, 1982 at 7:30 P.M. Chairman Busa, Mrs. Battin, Mr. Crain, Mr. Politi, Mr. Sacco; Mr. Hutchinson, Town Manager and Miss Casey, Executive Clerk were present. The Chairman convened the meeting and announced that a notification Town Rept. had been received from the Massachusetts Municipal Association that the Award 1981 Lexington Town Report had been awarded first place in the Town's popu- lation category in the Annual Town Report Contest. Public announcement will be made at the Association's Awards Dinner on November 12. Mr. Busa extended the congratulations of the Board to Mrs. Greene and her excellent Committee. The Chairman opened the hearing on the petition of the Boston Edi- Conduit son Company for permission to install approximately thirty feet of conduit Bos. Ed. on Waltham Street. Waltham St. Mr. Edmund Kelley, representative of Boston Edison, explained that the work was necessary to provide electric service to MDC Water Division (telemetering) on Waltham Street. No one spoke in favor or in opposition and 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 installation of conduit as follows: Waltham Street, approximately 35 feet north of Concord Avenue, a distance of about 30 feet -- conduit. The Chairman opened the hearing on the petition of the Boston Edison Conduit Company for permission to install approximately eighty-two feet of conduit Bos. Ed. in Spring Street and thirty-one feet in Hayden Avenue. Spring St. Mr. Edmund Kelley, representative of Boston Edison, explained that Hayden Ave. the work is necessary to improve operating conditions in the area as there has been some outages. Mr. Arthur Roche, of Collaborative Research, asked what the "down- time" would be while the work is being done. Mr. Kelley explained that the "downtime" would be minimal and all abutters would be notified forty hours before the work begins. He will be in further touch with Mr. Roche. No one speaking in favor or opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the re- quest of the Boston Edison Company to install conduit as follows: Spring Street, at and westerly from Hayden Avenue, a distance of about 82 feet -- conduit. Hayden Avenue, at and easterly from Spring Street, a distance of about 31 feet -- conduit. - 2 Traffic Saf. The Board discussed Traffic Safety Committee reports for Pleasant Com. Repts. Street, Fiske School Traffic and Crosby Road and agreed to refer them back to Committee in order that the citizens involved in the requests be noti- fied of the Traffic Safety Committee meeting should they wish to attend. mod Traffic The Board discussed the Traffic Safety Report on Mr. Robert Walton's Safety request for a stop sign and crosswalk on Emerson Gardens Road at Maple St. Stop Signs Mr. Robert Walton, who initiated the request was in the audience and Maple St. explained his reasons for the request. The Chairman read the Traffic Safety Committee's report recommending approval of the report and also recommended that stop signs be placed on Carnegie Place and Ingleside Road at Maple Street. Upon motion duly made and seconded, it was voted to approve the re- quest of Mr. Walton for a stop sign and crosswalk at Emerson Gardens Road and Maple Street and also the installation of stop signs at Carnegie Place and Ingleside Road at Maple Street and sign the required forms to be sent to the Mass. D.P.W. for approval. Dog Hearing The Board discussed the minutes of the Marshall/Williams dog hearing Marshall/ held on September 9. Williams Mr. Politi's recommendation to the Board was that the Williams' dog be confined on a dog run to be installed within ten (10) days of notifi- cation and the dog be kept firmly tied on the run or on a leash at all times when he is outside. He further stated that the hearing did not pro- duce evidence that the dog was of a vicious disposition. Upon motion duly made and seconded, it was voted to send the follow- ing notification to Mr. Stephen Williams, 31 Clarke Street: "The Board of Selectmen has determined that a male Doberman Pinscher-mix dog, licensed to and kept by you at 31 Clarke mod Street, Lexington, Mass. , License #3628, is not of a vicious disposition but is a nuisance by reason of running loose in violation of the Lexington Leash Law and order: That this dog is to be confined on a dog run which is to be installed on your property within ten (10) days of the date of notification. The dog is to be kept firmly tied on this run or on a leash at all times when he is outside your home. If at the end of ten days of the date of notification, the run has not been installed, the dog will be removed by the Animal Control Officer from the legal boundaries of the Town of Lexington." Liq. Lic. The Board discussed the possibility of increasing the liquor license Fees Increasefees for the 1983 renewals. It was decided it table the matter until a comparison listing of surrounding towns' fees were obtained. Upon motion duly made and seconded, it was voted to table the issue of an increase in liquor license fees for the 1983 licenses until a compari- son listing of surrounding towns' fees are obtained. Mr. Busa abstained. Traffic Saf. Upon motion duly made and seconded, it was voted to refer the request East St. from residents of East Street to exclude heavy trucking from the street to the Traffic Safety Committee for a report. suld 3 _ Selectmen's Meeting September 27, 1982 Upon motion duly made and seconded, it was voted to ratify the poll Mrs. Battin vote for approval of Mrs. Battin's attendance at the Middlesex County Midd. Cty. Selectmen's Association on September 9. r Sel. Meet. Upon motion duly made and seconded, it was voted to refer the re- Traffic quest of Mr. McInnes of the School Department for a recommendation from Saf. Com. the Traffic Safety Committee relative to the petition of residents of Allen Street/Blossomcrest area for school bus transportation. Upon motion duly made and seconded, it was voted to ratify the poll School Dept. vote of September 21 granting permission to the Lexington High School foot- LHS night ball team to hold a night game at the Center football field on September Football 24 subject to the conditions that a certificate of insurance be provided Game by the Interstate Rental Service, Inc. indemnifying the Town against bodily injury and property damage claims that may arise as a result of the use of its equipment and approval by our Building Commissioner of a building permit. Upon motion duly made and seconded, it was voted to sign contract San. Sewer for Sanitary Sewer Construction #82-6-E awarded by the Board on August 23, Cont. 82-6- to J. T. Lee Construction, Inc. in the amount of $650,150.63. Jinn Upon motion duly made and seconded, it was voted to sign contract San. Sewer for Sanitary Sewer Construction #82-1-E Mass-WPC Collection Systems awarded Cont. 82-1- , on August 23 to Main Line Construction, Inc. in the amount of $437,212.13. E The Manager referred the Board to its copies of a letter from the Town of Vice Chairman of the Wellesley Board of Selectmen requesting support of Wellesley the Lexington Board of Selectmen in presenting a proposal at the Annual request re: Meeting of the MMA for the establishment of an advisory board to oversee MDC Adv. Bd. budget and assessment practices of the MDC. The proposal would require legislation filed to set up such an advisory board with representation from communities affected and would also require at least three communi- ties in agreement to bring the matter to the MMA annual meeting. The proposal was brought about because of an assessment for Wellesley of $573,899 for parks and recreation from which they receive little direct benefit. During the discussion that followed, it was brought out that Lex- ington is not one of the 37 communities within the MDC parks system and the Board felt that unless the water, sewage and other areas of the MDC Commission were included in the proposal, the Town could not support the proposal. The Town Manager is contact Mr. Lee, the Executive Secretary for the Town of Wellesley with this information. Upon motion duly made and seconded, it was voted to approve the MBTA bus MBTA bus stops on Hartwell Avenue for the new MBTA service in that area. Stops Hartwell Ave - 4 - Bd. Assessors The Manager reported to the Board that the Board of Assessors are to Tax Rate meet tomorrow night and may be able to complete their work and have a recom- mendation for the new tax rate-based on legislative changes in the laws related to classification of property according to use. The subject of the required public hearing by the Board was discussed and it was agreed that pending the outcome of the Tuesday meeting of the Board of Assessors, it would be held either October 4 at the Selectmen's Meeting or as soon as possible after the Assessors' meeting. The Lexington Minuteman is to pub- licize this information. Hazardous The Manager reported to the Board that he had received the Hazardous Waste Waste Contract draft of the League of Women Voters' Program and had forwarded Program to Town Council for review. LWV He suggested that no charge be made for the initial pick-up. Mr. Politi asked the Manager to look into the possibility of determining what the cost to the Town will be according to the rate structure of the contract and post this information suggesting donations to help defray the cost to the Town would be appreciated. The Manager agreed to look into the matter. Upon motion duly made and seconded, it was voted to make no charge for the initial pick-up for the League of Women Voters' Hazardous Waste Program. Water Flush- The Manager reported that as a result of the water flushing program by ing Program the DPW, some complaints had been received from citizens regarding vibrating pipes and damage to their pipes. He is investigating the matter and is accept- ing claims where appropriate. Police Dept. The Manager reported on two Police Department matters. Lt. Kilmartin Lt. Kil- has graduated from the F.B.I. Academy as a part of the training program for mod martin the Department. Chief Furdon has been selected for a special program at Chief Fur- the F.B.I. Academy in 1982 for Chiefs of medium sized communities. The don cost of the program is borne by the F.B.I. while the Town bears the cost of the employee's salary. He stated that it was a very competitive program and the excellence of the Lexington Police Department recognized by the continued selection of Lexington officers. CATV Mr. Crain and Mr. Busa reported to the Board that they have been re- ceiving many complaints from citizens relative to the installation of cable, lack of information from the salesmen regarding rates and lack of commit- ment on the part of the Adams-Russell Company to keep appointments. It was agreed to invite officials of the Adams-Russell Company to the next meeting along with members of the CATV Committee to discuss the problems. Bikepath Mr. Crain reported to the Board that the Bikeway Committee had met in Hearing Estabrook Hall to conduct a public hearing on the 29th and had to move up to Cary Hall because of the number of interested citizens attending. He stated that 58 people had the opportunity to speak and his sense of the out- come would be that it was about an even split as to those wishing to have and those not wanting to have the bikepath. The Committee will be meeting tomorrow at 8:00 P.M. to continue the conduct of its business. row - 5 - eh' Selectmen's Meeting September 27, 1982 Mr. Crain reported that he had a meeting with Dr. Beck relative to PAB the apparent disparity in salaries of School Department and Town Depart- ment employees with comparable positions wherein the School Department salaries had risen rather dramatically over the Town. Dr. Beck agreed to bring the matter before the Personnel Advisory Board to obtain their input and report back to the Board. The Board briefly discussed the request of Mr. A. A. Munoz-Bennett Mr. Munoz- in his letter of September 14 and the Manager and Chief Furdon are to Bennett handle the matter. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 8:45 P.M. A true record, Attest: , „ T-v E ecutive Clerk r ommonimmommimmiummim