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HomeMy WebLinkAbout1983-03-BOS-minSELECTMEN'S MEETING March 7, 1983 PM A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town office Building on Monday, March 7, 1983 at 7:30 P.M. Chairman Crain, Mrs. Battin, Mr. Politi and Mr. Sacco; Mr. Hutchinson, Town - Manager; Mr. Cohen, Town Counsels Miss Adler, Assistant to the Town Manager and Mrs. Snow, Principal Clerk were present. Mr. Crain made a brief statement expressing his appreciation to the Board for its support and confidence demonstrated in his appointment as chairman, and stating his intention to work closely with all Town agencies toward continued prosperity for the Town. The Human Services Committee, represented by its Chairman, Stephen Baran, member Stan Finkelstein, and . Beatrice Ph ear, Staff, met with the Board for discussion of the Committee's request for use of Charitable Funds for 1 --time innovative programs to serve Lexington residents. Mr. Baran reported that following review of previously funded human services programs, the Committee had - looked at the pos s ib ili ty of acquiring seed money for new programs which would serve as an additional device for ascertaining needs in the Town. In response to newspaper ads placed by the Committee, a number of pro- grams offering a preventative approach came to its attention and were inves- tigated. The Committee recommends that a request be forwarded to the Trustees of Public Trusts for funding for the following services: Request Choate Symmes Hospital $ 900 Cooperative Elder Services $2,500 Sing - -along Chorus flexible Woburn: Homesharing $1,500 Neighbor Network $L000 Total $5 Recommendation $ 900 $2,500 $ 750 750 0 $4 The Human Services Committee is requesting the Boards approval for its request for funding for all programs as listed, however, it was noted that with regard to Cooperative Elder Services, prompt action is necessary in order to meet the demands of a Federal challenge grant for matching funds. Cooperative Elder Services must have an indication of favorable reaction by April 1 to qualify. Mr. Politi made a request for more detailed information on the programs proposed. In particular, with respect to Cooperative Elder Services, he asked if there had been an evaluation of the Service by an outside group. He also inquired about the number of Lexington residents currently being serived; how payment to Cooperative Elder Services would be made - whether in a lump sum payment of $2,500 at the outset, or as funding which could be drawn on as needed. Human Svs. Comm. -Chari- table Funds 2- Mr. Baran explained that $9,250, representing the first part of a fed- eral grant, has already been awarded to C. E. S. In order for $4,250, the second part of the grant to be awarded, $5,000 in matching funds is needed, Of that amount, $2,500 has been raised by C. E. S. and, it is hoped that the ""'O remaining $2,500 will be provided by the Town. With respect to evaluation of C. E. S . , Mr. Baran noted his personal favorable observation of its operation, but stated that he had no knowledge of any formal evaluation. Mrs . .Phear stated that as a Medicaid Agency, C. E. S. has had a State evaluation and that its operation is in full compliance with requirements of Minute Man Home Care, for which it is a contracted service. Motion was made by Mrs. Bat tin, seconded by Mr. Crain, that the request by the Human Services Committee for funding of programs be forwarded as pre- sented to the Trustees of Public Trusts. The motion did not carry. Mr. Politi stated that he could not support the motion as made at this time because of lack of detailed information on the programs. He again re- quested data on a reporting system and method of funding. Upon motion duly made and seconded, it was voted that the request of the Human Services Committee for funding of programs be forwarded to the Trustees of Public Trusts at this time with the qualification that the Board's recommendation to approve.. the Committee's request is dependent upon its satisfaction with data provided on, reporting system and method of funding, as indicated by Mr. Politi. Wild Acre With regard to Wild .Acre Inn, Mr. Baran reported on unsuccessful efforts Inn of the Human Services Committee to obtain information, as requested by the Selectmen, from Dr. Yudowitz or from his attorney, Mr. Mason, He recommended that prior to .action on licensing for the Inn, a letter be sent to Mr. Mason from the Board of Selectmen requesting prompt response to the Committee regarding description of services provided, staff levels and qualifications, rate structure, nature of referrals and average length of stay of residents. Mr. Baran provided a draft letter for the Board's review. Upon duly made and seconded, it was voted that a letter listing the required information to be provided to the Human Services Committee be sent to Philip Na.son, Attorney for Dr. Yudowitz, owner of Wild Acre Inn. It was agreed, as suggested by the Town Manager, that the letter will be revised in stronger terms than as presented in the draft. Transfer -- Upon motion duly made and seconded, it was voted to approve the request Acct . 4150 , of the Town Manager for a transfer from the Reserve Fund in the amount of Fire Dept. $18,000 to Account #4150, Fire Department Expense, 1984 Indy Mr. Hutchinson reported that Police, Fire and Public Works Departments Race have expressed no technical objections to the proposed Indy Road Race in 1984, but that certain administrative requirements of those departments would have to be met. Mr. Hutchinson had not received input from the Town Celebrations Commit- tees with respect to any foreseen impact on or conflict with events of Patriots' Day '84, In addition to the Celebrations Committee report, the Board requested clarification on any . "rain date" arrangments proposed. Upon motion duly made and seconded, it was voted to table cons idera- NEW tion of the Indy Road Race proposal for one week, pending receipt of infor- mation on "rain date" scheduling and report of the Town Celebrations Committee 3 - r ---- Selectmen's Meeting March 7, 1983 Mr. Hutchinson requested that he .b e authorized to execute a Water V.A. Hasp. Contract with the Veterans' Administration Hospital at rates as recommended Water Con - by the Director of Public Works and Engineering. tract Upon motion duly made and seconded, it was voted to authorize the Town Manager to executive a contract on behalf of the Board for the sale of water to the Veterans' Administration Hospital, subject to review and approval of the contract by Town Counsel,, Mr. Hutchinson gave a report on progress with filling the position of Revenue Revenue officer. He will make a public announcement of the successful can- officer didate this week following notification to the other finalists. It was agreed that Senator Kraus and Representative Doran will be in-- Sven . Kraus vited to attend the meeting of March 21 for discussion on pending legis la-- Rep . Doran tion regarding binding arbitration, local aid distribution formulas and other areas of interest and concern. Petitions were received from N. E. Tel. & Tel. and Boston Edison Com- Transfer of for the transfer of ownership of poles on Massachusetts Avenue and on .Hunt ownership - Road. Pole Loc. Mr. Crain read a memo from the Director of Public Works /Engineering, Hunt Road & recommending approval and stating that public hearings on these petitions Mass . Ave. are not necessary. Upon motion duly made and seconded, it was vote, with Mr. Crain ab- staining, to approved the petitions, plans and orders of N. E. Tel. & Tel. Company and Boston Edison Company for transfer of ownership of Joint Pole locations as follows: Hunt Road - on the easterly side approximately 28' southerly of Massachusetts Avenue Massachusetts Avenue - on the southerly side approximately 125' westerly of Ma.rrett Road - six ( 6) poles. Action on appointment to the Hanscom Field Advisory Commission was Hanscom Fld . tabled at the request of the Chairman. Adv. . Comm. Upon motion duly made and seconded, it was voted to approve the minutes Minutes 1/10 of Selectmen's Meetings of January lo, January 12, and January 17, 1983. 1/12 and 1 /1, 83 Upon motion duly made and seconded, it was voted to table discussion of transfer of ownership and management of Arlex Taxi Corporation, pending review of the matter by Town Counsel, Following receipt of report by Counsel, Mr. Bonney, new owner, is to be asked to attend a Board meeting to provide information the the service level . . The Town Manager will request a report from the Police Dept. cover- ing the transition period of the changeover. The Chairman _asked for a motion to go into Executive Session and announced that for discussion of one matter of litigation, the Board of dr j `• y �. 4 Appeals, the Planning Board and the Building Commissioner had been asked to be present . Executive Upon motion duly made and seconded, it was voted 4 -0 by roll call vote, Session Mr. Crain, Mrs. Battin, Mr. Politi and Mr. Sacco, to go into Executive Session for the purpose of discussing matters of litigation, with no intention of resuming open session. Upon motion duly made and seconded, it was voted to adjourn at 9:10 p . m. A true record, Attest: Y, io n H . S ow Principal Clerk mow SELECTMEN'S MEETIN Pon March 14, 1983 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Monday', March 14, 1983 at 7:30 P ,M . Chairman Crain, Mrs. Bat tin, Mr. Poli ti, Mr. Sacco and Mr. McLaughlin; Mr. Hutchinson, Town- Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs, Snow, Principal Clerk were present. Mr. Crain opened the meeting by welcoming to the Board its newest mem- ber, John F. McLaughlin, Chairman Stephen Baran and Stan Finkelstein of the Human Services Com- mittee; Kay Tiffany and Paul .Cody, Mystic Valley Mental Health Board mem- bers were present by appointment. Mr. Baran reported on a recent meeting of the two agencies and steps taken for improved lines of communication which have been implemented between them. He stated, and Mrs. Tiffany con- - aurre on behalf of her Board, that both the Committee and Mystic Valley are encouraged by development of a clearer structure for evaluation of future issues and welcome this step toward a closer working relationship. The Committee and Board members were thanked for coming before the Board and they retired from the meeting. The Town Manager requested that Ch , 90 Request and Environmental Punch list forms be signed requesting State approval of additional locations of resurfacing work, under funding previously approved for Contract 83 -1. Upon motion duly made and seconded, it was voted to sign the Ch..90 Request of Environmental. Punch List forms for additional locations of resurfacing work at Robinson Road, Eliot Road and Ivan Street. Upon motion duly made and seconded, it was voted to approve Extra Work order #1 to P. J. Keating, Inc. for resurfacing work. under Contract #83.1 --E, on Robinson Road, Eliot Road and Ivan Street in the amount of $35,96510 Human Svs . Comm /Mystic Valley . Men- tal Health Ch. 90 - Resurfacing Add' 1 loca- tions Extra work Order #1 P . J .Keating Mr. Hutchinson requested authorization of the Board for payment of Bond - . Town premium of $120.00 for bonding of $50,000 for the Town Manager Manager Upon motion duly made and seconded, it was voted to authorize pay - ment in the amount if $120.00 as premium for the bond for the Town Mana- ger in the amount of $50,000. The Town Manager reported on progress with development of a draft Charge - Charge for the Senior Center Space Allocation Committee. Sr. Center Mr. Crain reported on conversation with George Harris, Chairman of Space Alloc . the Council on Aging, and information forthcoming from a C.O.A. subcom- Comm. mittee which ha's been developed -on the subject of dimensions and uses of space at the Center. He suggested that action on the Charge be deferred pending receipt of this background information Mr. Crain explained the role of 'the chairman or other member of the MBTA and Board as representative of the Town at meetings of the MBTA Advisory MCAB rep re-- Board :and Middlesex County Advisory Board, and the process which allows sensation for designation of an alternate. He noted a forthcoming M. C . A. B . meeting scheduled for March 22, which is unable to attend, and requested that members give thought toward 2_ willingness to serve in this capacity. Sen . Kraus The Town Manager reported that Senator Kraus, due to other commitments,, Rep . Doran will be unable to meet with the Board on March 21st . for discussion o .:pend- ing legislation. Appointments on subsequent Mondays with the Senator were equally difficult because of his attendance at the Arlington Town Meeting. It was agreed that a meeting will be scheduled for Thursday, March 24, at 8:00 P .M. .for the purpose of discussion with the Senator, Representative Doran will meet with the Board on March 21, as planned. LEKPRESS The Manager reported that following inspection by the Town and the Registry of Motor vehicles, .all LEXPRESS' vehicles are hack in service. Budget Budget summary, prepared by the Manager was referenced and al terna- Summary tives in several categories outlined for discussion at a later date. J. Goldman, Request of Jeff Goldman, Battle Green Guide, to sell soft drinks during Guide the tourist season from a booth located on the Green, and Director of Guides Sale of Cronin' s recommendations on the matter were reviewed. The Board was in Soft Drinks agreement with Mr. Cronin' s recommendations that the proposed activity was inappropriate and should not be allowed. Upon motion duly made and seconded, it was voted that the request of Jeff Goldman for permission to sell soft drinks on the Battle Green be denied . Opening Upon motion duly made and seconded, it was voted to approve the Day, Recr. . request of the Lexington Recreation Committee to conduct its annual Dept. "opening Day" parade and ceremonies on Saturday, April 23, 1983. Final plans are to be coordinated with the Police Chief the Director of Public Works and Engineering. 1--Day L iq . Upon motion duly made and seconded, Mr. Politi abstaining, it was License voted to issue a one -Day Liquor License to the Friends of omega, Inc. for Friends of May 5, 1983. Omega Minutes The minutes of the Selectmen's Meeting on January 19, 1983, were 1/19/83 approved as corrected. 1984 Pat- The Town Manager reported on contact with William Fitzgerald, Chair- riots' man of the Town Celebrations Committee, regarding the proposed Indy Motor- race in 1984 on April 14 and 15. Mr. Fitzgerald had reported that his sport Committee had discussed the matter but had taken no position since the Classic race would be held on the two days preceding Patriots' Day. The Committee did, however, express concern regarding resultant traffic impact on the observahce on April 16, as race spectators leave the area and dismantling operations are carried out. Mr. Hutchinson also reported that he had been informed by Mr. Rotondi, counsel for the race organizers, that no "rain date" has or will be sched -- uled. Mr. Rotondi, who was present, responded to questions from Mrs. Battin regarding the profit making aspect of this and previous races by saying that no profit had ever been realized. He again stated that 10% of the receipts or the profits, whichever amount is greater, will be committed for allocation to local civic and charitable organizations. This commitment will be guaranteed, - 3 - Selectmen's Meeting March 14, 1983 Mrs. Battin asked if any-race-related acitivity is proposed for Friday, April 13. Mr. Rotondi said that the drivers would probably want to prac- tice, but that if there is opposition to the practice, they would not. Mrs. Battin asked if previous races had always been h�6.ld in metropoli- tan areas and Mr. B it tner , race organizer, responded that Long Beach, CA, a locale similar in some aspects to the Hanscom area, had been the site of a previous race. Mrs. Battin questioned the choice of Hanscom over 29 or 30 equally suit - ab1O, a_irport where Patriots' Day events do not take pliwe. She felt it would detract from Lexington's observance. Mr. Rotondi responded that Hanscom' s proximity to the a.tt -ra t'ions of the greater Boston area, with a 5 to 7 -day , :b�ene.f icial .impact;'. had _ , maa:_.e. .Hansq.�,om the prime . choice and felt that possible national TV coverage would enhance the Patriots' Day celebration. Discussion continued on the reenactment of the Retreat of the British, plann by the Council of Minutemen Militia for April 15, 1984. Mr. Rotondi reported that the time for the race scheduled for the 15th had been rearranged so as not to conflict; parking plans have been revised to utilize major parking areas removed from the site (with use of shuttle busses) and that vehicular traffic on Rte. 2A will be limited so as not to interfere with the reenactment activities. Mrs, Battin noted ' that Concord is not in support of the proposal because of impact of traffic on parking and access routes and that the National Park Service, while it has taken no position, has concerns with parking and traf- fic. As Lexington's HATS representative, she express real concern about these issues. She also felt that little benefit would be realized by local businesses since shuttle -bus riders would have no opportunity to visit Lexington Center. Mr. Rotondi stated that problems generated by the Hanscom Air Show, with 45,000 additional cars and general admission, would not be present in the case of the Indy race and promised that the organizers would work closely to mini- mize any traffic impact which might be realized. He said that every effort would be made not to commercialize Patriots' Day. Mr. John Vann, Chairman of the Council of Minutemen Militia, reported that his members had come to a tie vote on the issue. He felt that, the race could adversely impact plans for "Battle Road '84", the reenactment of the retreat of the British. Mrs. Battin suggested that the Board's decision be deferred pending fur - consideration and report of the Town Celebrations Committee, since the Com- mittee may now wish to take a position in the Light of firm knowledge of plans for a retreat in 1984. Mr. John Hayward, Town Meeting Member, spoke at length in opposition to holding the race at Hanscom Field. Mr. Politi felt that the Celebrations Committee had been given ample oppor- tunity to evaluate and report on the proposal. Motion was made by Mrs. Battin to table decision on the position of the Board on the proposed "Indy" race pending further report of the Town Celebra- tions Committee. The motion did not carry . Y � - 4 - Upon motion duly made and seconded, it was voted, 4 - 1 with Mrs.Battin voting in the negative, to convey to the Masport Authority that the Lexing- ton Board of Selectmen has no objection to plans for the proposed 1984 Patriot Motorsport Classic .on April 14 and 15, 1984, at Hanscom Airport, maw subject to compliance by the proponents with the following conditions: Formation of an advisory committee to be comprised of representa- tion from the Towns of Lexington, Lincoln, Bedford and Concord; local businesses; Hanscom Field Air Base; users of Hanscom Field and Massport. A written commitment to ensure that 10% of the receipts or of the profits realized from the race, whichever amount is greater., will be allocated to local civic and charitable organizations as desig- nated by the advisory committee. All administrative requirements of the Lexington Police, Fire and Public works Departments must be met. Upon motion duly made and seconded, it was voted to table action on the charge to the Lexington Housing Assistance Board pending receipt of input from the Housing Authority and review by the Town Manager and Town Counsel* Mr. McLaughlin reported that the Advisory Committee for Alternative Tax Revenue will have a report ready for submission to the Board of Select- men at its meeting on March 21. A representative of that Committee will attend. The Board reviewed briefly the assignment of Articles as suggested by the Town Manager. *nd The assignments will be discussed at a later date pending further review of the outline by the members. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 8:46 P.M. A true record, Attest: I W Marion H. Snow Principal Clerk = 1 d. SELECTMEN'S MEETING ./ March 21, 1983 A regular meeting of the Board of Selectmen:was held in the Select - men's Meeting Room, Town office Building, on Monday, March 21, 1983 at 7:30 P.M. Chairman Crain, Mrs.. Battin, Mr, Politi, Mr. Sacco, Mr. Mc- Laughlin; Mr. Hutchinson., Town Manager; Mr. Cohen, Town Counsel; Miss Casey, Executive Clerk were present. The Chairman convened the meeting and stated, as the Senate was still in session Senator Kraus' would be late and agenda items would be dealt with until his arrival. Upon motion duly made and seconded, it was voted to accept the res- Traf. . Saf. . ignation of John A. Powell from the Traffic Safety Advisory Committee. Com. Resit Upon motion duly made and seconded, it was voted to accept the res- Trs. Pub. ignation, with regret, of Frederick B. James as Trustee of Public Trusts. Trs. Resi€ The Chairman read a request from Ronald B. Wells, Chairman, Lex- Youth ington Youth Commission, for permission to conduct a fund raising cam-- Commissior paign throughout the Town to send a Lexington youth to the Minnesota Out- ward Bound program. Upon motion duly made and it was voted to grant permis- sion to the Lexington Youth Commission to conduct a fund raising campaign throughout the Town for funds to send a Lexington youth to the Minnesota Outward Bound program. Upon motion duly made and seconded, it was voted to approve the Bond Local official Bond for Doris E. Barclay, as Temporary Tax Collector, Tax Coll. in the amount of $160,000. The Manager informed the Board that he had some discussions with Pub. WorkLc the Appropriation Committee relative to the breakdown of the pump and Art. 18 requested authorization for up to $15,000 against Article 18 of this year's budget for replacement of the pump as one is presently being rented. Upon motion duly made and seconded, it was voted to authorize the use of up to $15,000 against Article 18 (Public works Equipment) of this year's budget for the replacement of the pump. Upon motion duly made and seconded, it was voted to sign the form Chapter for Chapter 90 reimbursement funds for resurfacing in the amount of $9,330.40. Upon motion duly made and seconded, it was voted to table the Trs. Pub. appointment to the Trustees of Public Trusts for three weeks pending Trs. Appt. notification in the Minute Man of the vacancy and receipt of any applica- tions. - 2 - Rep. Doran The Chairman noted the time and stated that he felt that it was un- . likely that. Senator Kraus would be able to attend the meeting as scheduled, and thanked Rep. Doran for his patience and understanding for waiting. The Board, Representative Doran and the Manager discussed several items of legislation including binding arbitration, local aid, pension re- form and on -duty injury to police and fire personnel. The Manager expressed his feeling that binding arbitration should be opposed noting that local communities should be able to make their own de- visions relative to determining the value of services rendered as opposed to having the State Legislature do so by passing legislation that would re- quire third party negotiations. Rep. Doran informed the Board that the Governor has proposed to the Legislature an additional 151 million dollars in local aid which is, cur- rently, not earmarked, He stated that at this point, earmarking doesn't ap- pear to have enough votes to pass. Mr. Crain stated that a committee, on which he is to serve, has been appointed by the Business Round Table intends to address itself to the prob- lem of public pension funding. He stated that the unfunded liability for the Commonwealth is between 10 and 15 billion dollars and by the year 2000, with- out any attempt at more prefunding, 20% of payroll will be going towards pen- sions. Mr. Hutchinson noted that in the legislation relative to injury on duty for police and firemen, there is the presumption of hypertension and heart disease, which results in many disability pensions. He noted that he felt that neigher the Armed Forces nor business operates that way. He also noted that there is inequities on the other side relative to payments to survivors of deceased who have retired on disability. Rep. Doran stated that he supported the feelings expressed by the Manager and the Board and that he would continue to work for passage of legis- lation beneficial to the Town. The Chairman thanked Rep Doran fo current legislation and he retired from coming and updating the Board on the meeting. Arlex Taxi The Board met with Mr. Edward Tippett and Mr. Ronald Bonney relative new owner to the sale of the Arlex Taxi Corp. business. Mr. Tippett introduced Mr. Ronald Bonney, the new owner, and Mr. Crain stated that he had requested the meeting to make sure Mr. Bonney understood the requirements of the Board regarding his licenses. Mr. Crain stated that he hoped the meeting would result in good relations and that the new owner would maintain his equipment in a manner that it will be found to be consistent with the standards established. Mr. Tippettand Mr. Bonney thanked the Chairman for inviting them in and Mr. Crain wished the retiring Mr. Tippett and the new owner well. They retired from the meeting. Hist. Dist. Appointments to the Historic Districts Commission were discussed. Co Mr. Politi stated that he did.not feel comfortable voting for the nomina- tions submitted by the Historical Society due to the fact that the Chairman of the Society did not know either of the nominees personally. Mr. Politi. stated that he had been unable to contact one of the nominees to see if he was interested and asked for a postponement of this segment of the appoint- ments. The Board agreed. "No -3- Upon motion duly made and seconded, it was voted to reappoint Molly Hist. Dist. Nye as an Associate Member to the Historic Districts Commission. represent- Com. Appts, ing the Lexington Arts & Crafts Society. Upon motion duly made and seconded, it was voted to appoint Stephen B. Cripps as an Associate Member to the Historic Districts Commission rep- resenting the Cary Memorial Library Trustees. Mr. Stephen Baran, Chairman of the Human Services Committee met with Human Ser. the Board to present a'report with answers to questions raised at the last meeting regarding their budget requests. The Chairman noted that the report was all encompassing and very ex- plicit. Mrs. Battin stated that she had questions from a citizen who desired to make a donation to the "Lifelind'program - Choate/Symmes Hospital and wondered if this was possible. The Manager is to investigate with Mr. Cohen. There were no further questions and the Chairman thanked Mr. Baran for appearing and he retired from the meeting. The Alternative Revenue Committee met with the Board to present its Alternatiy report. Mr. McLaughlin, Chairman, thanked his Committee comprised of Tax Rev. Alan Fields, Lawrence Kernan, John Maloney, Ruth Morey, Frank Parrish and <-. Committee Kendall Wright for their assistance. Mr. McLaughlin stated that the findings of the Committee.were, basic- ally, that Lexington should develop alternate revenue programs as they can make a significant contribution to the Town's financial status and provide a better balance between who pays for services and who benefits from them. He noted that the most promising short -term source of alternate revenus is in user fees. He indicated that the report showed a list of sources for consideration some of which are conventional and easily projectable and others would be controversial and would require considerable research and public debate. He noted that voluntary contributions can play an im- portant part in financing municipal services and suggested that the Board consider means of expanding the Town's activities in this area. He noted that the report also recommends that the Board work with the Planning Board and other town bodies to develop a process for estimating the long -term financial impact of land use decisions including the disposition of "excess" school and public land sites. The Chairman noted that the report was very thorough and provocative Adams expressed appreciation to the Committee and they retired from the meeting, School Mr. Cohen informed the Board that all negotiations in the transfer of the Adams School had been completed and requested the Board's signa- tures on the transfer documents. Upon motion duly made and seconded, it was voted to sign the docu- ments in connection with the transfer of the Adams School. - 4 - Executive Upon motion duly made and seconded, it was voted, 5 -0, by roll call Session vote, Mr.. Crain, Mrs. Sattin, Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go into Executive Session for the purpose of discussing matters of litiga- tion and real estate negotiations with no intention of resuming the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 9:45 P.M. A true record, Attest: �.... Of Executive Clerk Poft C ' v- SELECTMEN'S MEETING March 28, 1983 A regular meeting of the Board of Selectmen was held in the Select - men's Meeting Room, Town Office Building, on Monday, March 28, 1983 at 7:30 P.M. Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco, Mr. Mc- Laughlin; Mr. Hutchinson, Town Manager and Miss Casey, Executive Clerk were present. Mr. Joseph Rooney, Chairman of the Housing Authority, met with the Board to discuss the creation of LexHAB. Mr. Rooney stated that they wished to. voice "very strong opposition to its creation particularly in the manner in which it was presented and executed." He stated that they felt that the creation of LexHAB was a duplication of services and costs. He pointed out that the Authority is a $7,504,040 corporation and ranked among the top in the State. He noted that in the 16 years since it has been in operation, it has provided 600 units for the elderly and now administers approximately 25 units of low-P- income family and scattered site housing and 58 units of subsidized family housing. Several members. of the Authority were present and also expressed their concerns about the creation of LexHAB. Mr. Crain stated that he was surprised to learn of the feelings of the Housing Authority members as there had been posted open meetings and there had been no opposition expressed until after the article had been passed by Town Meeting. Mr. Hutchinson pointed out that there had been Housing Authority representation at the Planning Board meeting and cautioned that perhaps people were getting overly upset. He also noted that a letter had been previously received from the Housing Authority at the time of the Parker School conversion stating that they were "overextended." Mr. Rooney responded that at that time they were extremely under- staffed but that situation has since been corrected. Mr. Crain concluded that it seemed to him that there was a mandate from Town Meeting and the Board would take it under advisement. He thanked Mr. Rooney.and members of the Housing Authority for attending and they retired from the meeting. Mr. Howard Reynolds of the Human Services Committee reported to the Board that he had met with the attorney for the wild Acre Inn with re- spect to the type of operations conducted. He stated that the attorney informed him that the services were essentially a lodging house open to the public. He stated they also provide additional services of an educa- tional nature i. rehabilitation skills such as how to prepare a resume, etc. He stated that Dr. Yudowitz is still the director and there is a house manager -- one on duty nights and week ends. He stated that re- ferrals are by word -of -mouth and that the room rent is from $14.00 to Housing Authority Wild Acre Inn Ren. - 2 - $40.00 per night depending on services. The usual stay is from three to six months.. Mr. Reynolds stated that the attorney said that he wanted it -- clearly known that they are not a dumping ground._ - They -do not take any clients from the DYS, DSS or the court, no substance abusers, no person with WHO sexual or criminal conduct. The y have no relationship with the Department of Mental Health. He suggested that the Town might be comfortable with renewing the li- cense and maintaining some monitoring as to what is going on there. Upon motion duly made and seconded, it was voted to renew the license for the wild Acre Inn for an additional year. The Chairman thanked Mr. Reynolds for his report and he retired from the meeting. I & I Study Mr. Ken Carlson of Linenthal, Eisenberg, Anderson, Inc. met with the Board to give an update of the Inflow, Infiltration study to substantiate the request for $10,000 under Article 37 of the Warrant. Mr. Carlson noted that the I & I study has completed and both phases of the sewer system-aid evaluation survey have been, also . The report has been submitted to the State and is currently awaiting approval. Mr. Fields has prepared a construction grant application to move into the design phase for the work that came out of the sewer system evaluation survey which is the Town's share of the construction cost under Article 37. Mr. Carlson explained that the facility planning, basically a sewer system master plan, will identify and present solutions for the remaining problems in the sewer system which would be solved by the removal of the infiltration and inflow. He noted that more than 50% of the master plan is completed and should be finished by summer. The project would then go into the design phase and would be recommending a certain number of projects to correct the deficien- cies that are found. The third phase for both the S SES .and the Facility Plan would be construction of those projects that are designed under the design stage - step II. Mr. Carlson explained that the Federal Government has mandated that in any facility planning, public participation must be included. He stated that the first stip . in the public participation program will be to solicit information from the public to include in the master plan and facility plan for the sewer system. LEA has prepared a map for display at the library showing the various lines that have been analyzed for capacity and which are experiencing problems as well as other problem areas. A public meeting has been scheduled for the end of April at which an explanation of the steps and alternatives available to eliminate the problems along with costs will be given. Input from the hearing will be incorporated into a final sewer system report and master plan. The project will then go into the de- sign phase. Mr. Carlson stated that he feels that the Millb.rook Valley Relief Sewer, which is now going into the construction stage, will eliminate most of the major problems in the sewer system. He noted that with the removal of the inflow and infiltration, institution of the sump pump removal by ` the Town along with the completion of the Mi.11brook Valley Sewer most of the sewer system will be solved. He informed the Board that an original plan for major reconstruction of the sewer lines in the Center will be averted with three new connections Selectmen's Meeting - 3 - March 28, 1983 to the Millbrook Valley Sewer. He stated that the biggest problem in the system is the overloading of lines in the Saddle Club area due to the-flow from Hanscom and Bedford into the Lexington system. He said that when these are removed and the Millbrook is in place there should be no problems as far as the capacity of the system is concerned. He stated that should the problem persist, they have two options, 1) pro- viding within the option of a connector sewer between the present con- nections and the new Millbrook Valley sewer, 2) the sump pump removal program and .removal of inflow and infiltration sources from the Town' s program of public education will be able to lower that flow even more. Mr. Carlson informed the Board that the State grant application for design of the rehabilitation is scheduled to be submitted in April, pending a new design from the Engineer's offices It is estim- ated that it will take nine months to finish the design and the con- struction will be s- cheduled for mid 1984. A State grant application for the construction phase will be submitted in late 1983 and construc- tion could be started as early as late 1984. It is estimated that by 1955 the construction work as a result of the planning process should have been completed or at least started by that time. Mr. Carlson noted that there are widely scattered problems in. the sewer system but they are, basically, operational and not under capa- city of a major sewer. He stated that the sewer system is in very good shape as far as the main lines are concerned. The Chairman.thanked Mr. Carlson for his comprehensive report and he retired from the meeting. Upon motion duly made and seconded, it was voted to approve re- Auctioneer newal of the following Auctioneer Licenses: Lic. Ren. William Sennott,, 10 Douglas Road Allen C. Lannom, 35 Webster Road .Robert N. Cann, 5 Castle Road Upon motion duly made and seconded, it was voted, Mr. Politi ab-- one Day staining, to issue a One Day Liquor License to the New England Museum, Liq. Lic. Boston National Historical Park, Charlestown Navy Yard, Boston, for April ll an afternoon workshop and dinner at the Museum our National Heritage, 33 Marrett Road. Upon motion duly made and seconded, it was voted, Mr. Politi ab-- one Day staining, to issue a one Day Liquor License to the HHC 1st Brigade for Liq. Lic. April 16 for a "50's Night" at the National Guard Armory, 459 Bedford Street. Upon motion duly made and seconded, it was voted to reappoint Registrar of William B. Simmons as a Registrar of Voters for a three --year term ex- Voters piring March 31, 1986 as the Republican representative. - 4 - .r Upon motion duly made and seconded, it was voted to approve the follow- ing water abatements: M. Wri ht 26 Butler Ave. 009 g $8.10 Incorrect meter reading S. Levine 19 Hathaway Rd. 56.25 Estimate adjusted Battle Green The Chairman read a request from the First Parish Church for the use of 1/3 of the Battle Green near the church from 10:00 a.m, until 3:00 p.m. and permission to block off Harrington Road during this period of time:for a Mayfair Celebration. The Manager reported that the Police Chief recommended against the blocking off of Harrington Road because it would not.be in the best interest of the Town. Mr. Hutchinson stated that, while work is still being done re- garding enforcement of the guidelines for the use of the Green, he felt that it would be inconsistent for any particular interest group to be allowed to have the use of the Green in such a manner, as it may go beyond the spirit of what Town Meeting intended. He stated that it was with reluctance, but felt that the request should be denied. Mr. Politi agreed with the Manager that both requests should be de- nied and suggested that the Manager contact the church to see if there was an alternative location, such as the Visitors Center or Buckman Tavern grounds, that could be offered to the group for their use. Mrs. Battin agreed with the Manager and Mr. Politi about blocking off Harrington Road but would not agree to the prohibition of children's games on the Green. She felt that it would be in the spirit of what was passed by Town Meeting. Mr. McLaughlin stated that he felt that he was not sure that he had objections to Maypoles on the Green, but that particular area of the Green was the tomb area and felt it would be innappropriate as would be a "snake dance" as was suggested. Mr. Hutchinson stated that there is a presumption that no group has the right to control any portion of the Green and if a permit were given the Town would be placed in the awkward position that people from outside of Town could request a permit for such a use and this could result in going beyond.the intent of liberalizing its use. He stated that it would be difficult for the Town to designate a portion of the Green to any organiza -- t ion for its own use. Mrs. Battin requested that the request be divided into two sections one for the use of the Green and one to block off Harrington Road. Upon motion duly made and seconded, it was voted 4 -1, Mrs. Battin voting in the negative, to deny the request of the First Parish church for the use of 1/3 of the Green to conduct a Mayfair Celebration. Upon motion duly made and seconded, it was voted 5--0, to deny the request of the First Parish Church to block off Harrington Road, on May 7 from 10:00 a.m. until 3 :00 p.m. Denial of the request will be sent, with regrets, to Ms. Jane Siren, Co -Chair of the Mayfair Celebration, with the suggestion that she get in touch with the Manager to make arrangements for the use of another Town location, if she so desires. mono Selectmen's Meeting - 5 - March 28 1983 The Board discussed the report of the Traffic Safety Committee re- lative to the request of the residents of Adams Street for exclusion of heavy trucking on the street. The Committee recommended, with reservations, to request the Mass. DPW to issue a heavy truck exclusion permit for Adams.Street, between East Street and the Town line, and also recommended the following: 1.} Request Mass. DPW to upgrade or replace the Maple Street bridge to permit use by heavy trucks, thus providing the desired and most suitable alternate route. 2.) The Town should consider addressing the deficiencies of Adams Street with respect to the safety of vehicular traffic in general,.exclusive of trucks. Mr. Politi stated that he was in favor of requesting the Mass.. DPW to issue a heavy truck exclusion permit for Adams Street, but was not prepared to request the Mass. DPW to upgrade or replace the bridge on Maple Street to permit use by heavy trucks as he felt that. the Board has a responsibility to bring this possibility to the attention of the affected neighborhood and give them an opportunity to provide input before making the recommendation rather than after so doing. Mr. Chalpin, Chairman of the Traffic Safety Committee, stated that the Committee had made the recommendation of heavy truck exclusion on Adams Street with reservations as they felt the same way as Mr. Politi regarding alternative routing of the trucks. Upon motion duly made and seconded, it was voted to request the Mass. DPW to issue a heavy truck exclusion permit for Adams Street, between East Street and the Town line. The Traffic Safety Committee is to notify the residents of Maple Street and hold a public hearing relative to the Town's requesting the Mass. DPW to upgrade or replace the Maple Street bridge to permit use by heavy trucks. The Manager requested the Board to table his request for a "No Parking" sign on Stetson Street. Upon motion duly made and seconded, it was voted to table the re- quest for a "No Parking" sign on Stetson Street pending further inves- tigation. The Manager informed the Board that bids were in for the annual audit and recommended continuation with Arthur Andersen as recommended by the Comptroller. Ile reminded the Board that the time that Arthur Anderson had been selected some time ago for the original audit and at that time there had been discussion relative to whether the Board wanted to change auditors periodically. He pointed out that the Town is con- verting to the new accounting system and have been working with Arthur Anderson with the conversion and they are f amilar with the system. He stated that he and the Comptroller had no reservations about any of the firms that had submitted bids, they recommended continuing with Arthur Anderson during the conversion to the new accounting system. Adams Street Trucking Request for "No Parking" Stetson St. Audit - 6 - Mr. McLaughlin expressed concern regarding the length of time that -� Arthur Anderson had been doing the auditing of the Town's accounts. The Manager agreed with Mr. McLaughlin in principle, but stated that he felt that, in this case because of the transition in the accounting system, he felt that it would be appropriate to continue with Anderson. Upon motion duly made and seconded, it was voted to award the contract for auditing of the Town's accounts to Arthur Anderson for not longer than two more years* Youth Comm. Upon motion duly made and seconded, it was voted to approve the Mana- Appt. ger's reappointment of Nancy Barter to the Youth Commission for a three -- year term. Conserv. Upon motion duly made and seconded, it was voted to approve the Manar- Comm. Appt. gers reappointment of Francis W.K. Smith to the Conservation Commission for a three --year term. Solid Waste The Manager reported to the Board that he had been notified by UOP UCP that Lexington's increased guaranteed tonnage of 1,500 tons per year of Change acceptable waste will be reduced by 500 tons which has been assigned to the Town of Boxborough. Upon motion duly made and seconded, it was voted to authorize the Manager and the Chairman to sign documents incorporating this change. Accessory The Chairman referenced a letter from Mrs. Smith, Chairman of the Apts. Planning Board, relative to the Selectmen position on accessory apartments. He stated that in his communiciations with the Manager, it was his observa- tions that the approach has been one of responding to formal communications ...r as there would be difficulty being more aggressive because of personnel restraints. After discussion, it was agreed to refer the matter to Town Counsel for legal clarification. Upon motion duly made and seconded, it was voted to refer to Town Counsel Mrs. Smith's request for the Town's position relative to accessory apartments in the Town Car y Hall Upon motion. duly made and seconded, it was voted to grant permission LWV to the League of Women voters to sell informational in the corridor of Cary Hall during Town Meeting. Midd. Cty. Mr. McLaughlin reported to the Board relative to his attendance at the Adv. Meet. Middlesex County Advisory Board meeting on March 22. He stated that the Board voted on recommendations of the Budget Committee and the Advisory Board budget will prevail as opposed to that recommended by the County Commissioners. This year's assessment will be down about one million dollars as compared to last year's. He will give a written report to the Board. The Board briefly discussed articles in the Warrant and during the discussion the Manager pointed out that the school department budget was ■■■.r Selectmen's Meeting. March 28, 1953 $90,000 above his recommendations. It was pointed out that ' , in spite of the decline in enrollment, the cost of educating the students has in- creased. It was decided that a meeting will be arranged between the Boa rd of Selectmen, School Committee, School Superintendent and Appropriation mittee to discuss this difference ,ra�it Com h some thought to a reduction. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9;45 P.M. A true record, Attest: PON u 40 E cutive Clerk