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HomeMy WebLinkAbout1983-05-BOS-min G f- 9 a- ay,eJ r SELECTMEN'S MEETING 001. May 2, 1983 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 2, 1983, at 7:30 p.m. Chairman Crain, Mrs . Battin, Mr. Politi, Mr. Sacco, Mr. McLaugh- lin; Mr. Hutchinson, Town Manager; Miss Adler, Assistant to the Town Mana- ger; Mrs. Snow, Principal Clerk, were present. Mrs . Joan Clark, League of Women Voters , was present for discussion Hazardous of Article 51, initiated by the League to request funding for a once-a- Household year collection of hazardous household wastes. Waste Mrs. Clark referred to last year's successful collection project, the response and resultant cost of which had exceeded early projections, and noted that no specific money amount has been requested within the Article for this year's program. She announce that $2,500 will be requested at Town Meeting which, with new lower rates and collection methods for paints (which constituted a high percentage of wastes collected in '82) would allow for collection of double the volume of last year's . The new price scale was outlined by Mrs . Clark. The League proposes that this collection be free ❑f charge to resi- dents, especially those disposing of highly toxic chemicals, but would be unopposed to a user fee for those bringing in more than 5 gallons of toxics . Mrs . Clark noted that endorsement of Article 51 has been sought by the L.W.V. from both the Conservation Commission and the Board of Health, but p"` that neither agency has responded to date. George Smith, Director of Public Health, expressed support the Board of Health of the basic concept of the collection, but reported that his Board is awaiting more specific information and details of the program and the amount of funding before taking a position on Article 51. He reported that there have been numerous drop--offs of toxic substances at the Health Office following the '82 collection day, which he has disposed of. He said there have been many inquiries from other communities on Lexing- ton's '82 pilot project, which is considered a model throughout the country. He noted appropriations by both Andover and Bedford for programs based on the Lexington experience and a tri--town program to be implemented in western Massachusetts . Mrs. Battin suggested that thought be given to such a cooperative among the towns of Lexington, Concord and Bedford. Mr. Hutchinson suggested that subsidy of the program could be undertaken by private organizations, noting that funding by the Town could set a prece- dent rece-dent regarding subsequent collections . Upon motion duly made and seconded, it was voted to table discussion on support of the League's request for $2,500 funding to May 9, pending review by Board members of written material distributed by Mrs. Clark and report by Town Counsel regarding liability of the Town. Report of the Sealer( of Weights and Measures indicating that meters in Taxicab w all taxicabs operated by Arlex Taxi Corporation have been appropriately License sealed, was noted. Renewals Upon motion duly made and seconded, it was voted to approve renewal of the following cabs of the Arlex Taxi Corporation: - 2 Registration#4221 Registration #4215 #4213 tt #4209 - " #4216 '! #4210 " #4214 #4211 •.r ►' #4204 The vote was conditional upon periodic inspection of the vehicles by the Lexington Police Department. Elderly Request for installation of "elderly crossing" signs , warning drivers Crossing of the nearby crosswalk near the Shawmut Bank, by Madelyn Simmons, res i- s igns,Worthen dent of Greeley Village, was reviewed. Mrs. Simmons feels that such a Rd. sign would make use of the crosswalk safer for the elderly, who use it frequently. Upon motion duly made and seconded, it was voted to refer the request for installation of "elderly crossing" signs at Worthen Road to the Traffic Safety Advisory Committee for its review and recommendations. Upon motion duly made and seconded, the minutes of Selectmen's Meet- ings of February 28, and March 7, 1983, were approved as presented. The minutes of the meeting of March 14, 19 83, were approved as amended. Nasson The Town Manager requested the Board's approval of the request of 44 Golden Ave.Robert L. Nasson, 44 Golden Avenue, for connection to the Arlington sewer Sewer system, prior to settling the question of betterment which he will have to pay to the Town of Lexington. Arlington has agreed to such connection. Upon motion duly made and seconded, it was voted to approve the request - of Robert L. Nasson for connection from his property at 44 Golden Avenue, Lexington, to the Arlington sewer system, prior to payment of the sewer charge in lieu of betterment. _ Clean-up Mr John Eddison met with the Board for discussion and report on his Campaign efforts regarding a Clean-up Campaign in Lexington in conjunction with Eddison Governor Dukakis ' state-wide anti-litter program. He listed Town agencies and organizations in support of such a cam- paign including Conservation Commission; C.L.C. ;Lexington Field and Garden Club; members of the School Committee and local youth groups. Mr. Eddison expressed his assurance that many other organizations will come forward in support of the project. He asked for assistance from the Selectmen in gain- ing help from the Chamber of Commerce, Rotary Club and local businesses, and for direction in coordination of a committee for implementation of the pro- gram. He also requested that the Governor's message be read at Town Meeting as a means of publicizing the program and speeding up involvement of the Townspeople. Mr. Eddison and Mr. McLaughlin agreed to assume leadership of the work committee which will include Clifford Prentiss , Conservation Director. Mr. Prentiss has prepared a list of Town-owned litter pick-up sites. Mr. Hutchinson suggested contact with schools regarding cooperation from students improper disposal of litter. He felt that this aspect of a project to keep the Town clean should be a sustained one. Mr. Crain will contact the Chairman of the School Committee to solicit involvement of faculty and students . Mrs. Sacco agreed to communicate with the business community to gain emir its support. The Lexington Minute-Man will publicize the campaign and inform inter- ested citizens and organized groups to contact the Selectmen's Office. 3 Selectmen's Meeting May 3, 1983 oft Mr. Eddi s on agreed to present a summary of the Governor's message Clean-up and the plans for Lexington's program to Town Meeting. Campaign He was thanked by the Board for his efforts to initiate the anti- litter program for the Town. Mr. Hutchinson provided a suggested outline for presentation of Presentation Warrant Articles and suggested that all financial Articles be taken up of Articles at the first sessions of Town Meeting so that budgets will be established in ample time before the July 1 fiscal deadline. The members were in agreement with plans to defer presentation of policy-issue Articles. Mr. Crain will outline this scheduling for Town Meeting members at the outset of the Meeting. Mr. Crain noted that in response to questions by the Board as to the April 19th procedures for acknowledging assistance with the Patriots Day Celebration, Letters of he had received a list of participants to whom the Town Celebrations Appreciation Committee sends letters of appreciation. He said that the list appeared to be quite all-encompassing, but suggested review by members for any oversights. Angela Frick and W. Francis Smith, Conservation Commission, met with Spencer S t. the Board for discussion of potential development of the D'Augusta land Article 40 in conjunction with proposed Town construction and acceptance of Spencer Street under Article 40. The Spencer Street project had received favor- able recommendations of the Board. Petitioners for the acceptance of Spencer Street were also present. Mrs. Frick reported that the Commission has become aware, through contact over the last several months by the land owners with the Lexington Conservation Commission and Planning Board and the Arlington Conservation Commission, that there has been active interest in development of the D'Augusta land, a parcel long sought by the Commission for Town acquisi- tion. The parcel abuts the Great Meadow and is located between two small tracts of conservation land which are accessible by a private cart path at the end of Spencer Street. In the light ❑f this possibly imminent development, Mrs. Frick ques- tioned the expenditure of Town funds to construct the portion of Spencer Street which would provide access to the land, when costs could be borne by the prospective developer. She felt there is enough evidence of development activity to postpone consideration of acceptance of Spencer Street for this year, which would free $15,000 for other purposes. It was noted that a second access plan would involve demolition of an existing house an Spencer Street for connection over that lot to the parcel. This alternative plan had been provided to the Arlington Conservation Com- mission at the time of inquiry regarding drainage into the Great Meadow. �.. In the case of either plan, gaining of right-of-way across the railroad tracks would be necessary. Question was raised as to the possibility of development of the land without acceptance and use of Spencer Street as access. Mr. Smith noted a third alternative which would be purchase of Maple 6 - 4 - Street land and access from that point to the parcel. In the case of use of Spencer Street for access, the Town Engineer explained for clarification that according to Planning Board policy, approval of a subdivision requires the connection of its street with an _ accepted street. Therefore, if the work is not done by the Town, the developer would have to bring Spencer Street up to grade to meet accept- ance standards of the Town, construction costs of which would be absorbed into the costs of the subdivision. The Town Manager stated that the purpose of the meeting was to hear varying points of view on the issue of whether the Selectmen should endorse a proposal which has legitimate citizen interest, with the possibility that the Town and the abuttors will have underwritten part of development costs, or whether to defer the project for another year or two. He also noted that from a cost standpoint, Spencer Street improvement provides a fairly good return to the Town with an initial cost of $15,00 and a recovery factor of 67% or $10,000. In answer to comments on access ib li ty by Town service and emergency vehicles, he responded that these vehicles can and do travel on Spencer S t. but agreed that the street should be in the category of streets for eventual improvement. Mr. Smith responded to a question regarding a sense of definite timing for the development by saying that the contacts with Arlington and Lexington Boards would seem to indicate that development could be imminent. He added that if development is not possible or feasible, the owners would offer the land for sale to the Town. Mr. & Mrs. Grano, Northwood, N.H. , owners of 24-26 Spencer St. noted .. extreme difficulty in driving on the street and asked that there be no fur- ther delay in its construction. In response to Mr. Barry'sinquiry as to the position of the abuttors, it was reported that 3 out of 4 abuttors had signed a petition for the acceptance. All Spencer Street land owners present indicated their willingness to pay betterments for improvement of the street. Marie Walton pointed out that expenses for maintenance and repairs of fire equipment damaged from frequent travels over Spencer to the Great Meadow could be lessened if the road was in proper condition. Mr. Politi noted that the D'Augusta's, who might benefit from the street construction by the Town, have not indicated support of the petition. He said that development of the D'Augusta land has been rumored over a number of years but never seems to materialize. He again pointed out the need for gain- ing right-of-way to the parcel over the META land if Spencer Street were to be used as access. In view of possible alternative access to the parcel from Maple Street, he questioned whether witholding road improvement in the hope of saving $5,000 is justified. He urged the petitioners to be present at the May 4 session of Town Meet- _ ing when he expected to present Article 40. MI6 -5- Selectmen's Meeting May 2, 1983 Mr. Sacco noted that one reason for Selectmen support of the Spencer Street project had been that construction bids submitted appear to be lower at this time than in the past few years, or than they probably would be in future. Mr. McLaughlin reaffirmed his support of proceeding with plans for Spencer Street. He expressed appreciation to the Commission for the infor- mation on development activity, but felt that plans appear to be indefinite at this time. He asked continued vigilance on the situation. The Chairman thanked the interested parties for their attendance and input and the Comservation Commission for the effort expended and the back- ground information which had been provided. Mr. Hutchinson reported that the Actuarial Report on Lexington's Con- Board of tributory Retirement System, prepared by the Board of Retirement as re- Retirement quested by the Selectmen, has been reviewed by the Comptroller, Mr. Perry Report and will be available for distribution at Town Meeting. Regarding the report of the Selectmen/Town Manager Act Review Commit---( Sel./Town tee, Mr. Poli ti noted that the last phase of the report has naw been com- Mgr. Act ple to d but that there has not been sufficient time for adequate review by Report the financial committees and Town Meeting members . Article 8 He recommended that action on the report be deferred to a Special rift Town Meeting or the next Annual Town Meeting. The members were in concurrence with Mr. Politi's recommendation that Article 8 be indefinitely postponed. The report of the Review Committee will be available for distribution to Town Meeting members. Mr. Hutchinson has contacted Stephen Baran, Chairman of the Human Ser- CMARC vices Committee, as requested by the Board. Mr. Baran has worked with Article 49 CMARC and has prepared a report on CMARC's financial structure to answer questions the Board had expressed and to ameliorate certain concerns . Favorable recommendations of the Board had been witheld pending receipt of this report. Upon motion duly made and seconded, it was voted that the request f o r funding by CMARC be reincluded in the favorable budget considerations of the Board of Selectmen. Mr. McLaughlin brought up the request of Symmes Hospital Lexington Symmes Hosp Auxilliary for permission to hold a garage sale in Lexington on Saturday, Yard Sale May 14 and Sunday, May 15, as advertised. The Town Manager saw no problem with the Sunday sale, based on past experience, and recommended that the Symmes sale be allowed with the under- standing that Sunday sales are not to be encouraged. It was agreed that the sale could take place on May 15, with the under- standing that the matter of such Sunday sales is being reviewed by Town Counsel. Upon motion duly made and seconded, it was voted to table discussion Yard Sale Policy -6- of -6 of a policy of the Selectmen on Garage and Yard Sales as requested by Town Counsel to allow time for his review of 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: Respectfully submitte , . rL f/^rf 4,69 ci Marion H. Snow Principal Clerk moo 3 17 SELECTMEN'S MEETING May 4, 1983 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town office ,Building on Wednesday, May 4, 1983, at 7:30 p.m. Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager; Miss Adler, Assistant to the Town Manager; Mr. Cohen, Town Counsel; Mrs . Snow, Principal Clerk, were present. The Chairman reported that Senator Kraus had talked to the Moderator Nat'l Merit concerning the Senator's proposal to appear at the May 9 session of Town Scholarship Meeting to acknowedge the accomplishments of 18 Lexington finalists in the Fund Compe- National Merit Scholarship Fund competition. ti tion He asked whether the Board also wished to honor the students at that time. A representative from Senator Kraus ' office, present, expressed pride in the Lexington finalists, higher in number than from any other municipal- ity within the Senator's district. The members agreed that recognition by the Toown, in addition to the citation by the State Senate, would be appropriate and the Town Manager agreed to prepare documents to be presented to the 18 students individual- ly. Mr. McLaughlin noted that the Charge for the Clean-up Committee had Charge, been prepared by the Town Manager and requested review by, the Board for Clean-up consideration at a later date. Committee Mr. Crain briefly recapped the order in which Articles are to be pre- Presentation sented and will announce this succession of Articles at the start of Town of Articles Meeting as follows: It is the intent of the Selectmen to first present Financial Articles 19 - 17, Public Works Articles 29 - 41, Other Financial Articles 42 - 51, followed by Articles 7, 8, 9, 11, 15 and to close on Article 52 . Under Article 2, Mr. Politi will report on the Selectmen/Town Manager Act Review Committee's proposed revisions to the Act and will move for indefinite postponement of Article 8. Mrs . Battin will move postponement of Article 9, creation of LexHAB. Mr. Hutchinson reported that Comptroller Perry will comment, under Retirement Article 2, on the Report on the Contributory Retirement System, and will Fund Report announce that the report is available for distribution at the Meeting. Upon motion duly made and seconded, it was voted 5-0 by roll call Executive vote, Mr. Crain, Mrs. Battin, Mr. Politi, Mr. Sacco and Mr. McLaughlin, Session to go into Executive Session for the purpose of discussing a matter of litigation with no intention of resuming the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 7:42 p.m. A true record, Attest: OPosMarion H. now Principal Clerk 1f3 �` j. r SELECTMEN'S MEETING oft 1t, May 9, 1983 3 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town office Building, on Monday, May 9, 1983 at 7:30 P.M. Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco, Mr. Mc- Laughlin; Mr. Perry, Acting Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk were present. The Chairman called the meeting to order and requested a motion Proclamation which would allow the Board to recognize the National Merit Scholarship Nat'l. Merit Finalists from Lexington High School at the beginning of Town Meeting. Scholarship Upon motion duly made and seconded, it was voted to approve the request of the Chairman to sign a proclamation to be presented to the following students from Lexington High School who were National Merit Scholarship finalists: Michael L. Abegg Becky Chang Leah J. Diskin David K. Feurzeig Joan M. Flanagan Robert G. Good Charles P. Goodwin Rolf B. Huber David S. Hilzenrath Sara L. Kocher Nikki A. Levin Anne S. Lewinson David I. Lukas Deborah D. Pierce Linda A. Rosenbaum Kathryn M. Ryder Lucas E. Wolf Christopher J. Stille The Chairman informed the Board that Mr. Politi will also recog- Youth Award nize Amy Dockser, the recipient of the Youth Commission Recognition Award, who was unable to be present on Patriots' Day, at the beginning of Town Meeting. Upon motion duly made and seconded, it was voted to accept, with Resignation regret, the resignation of Irving H. Mabee from the Board of Appeals. Bd. Appeals Mr. Politi requested further information relative to the efforts Appointment the Hanscom Field Commission makes in terms of notifying businesses Hanscom that there is an opening on the Commission before voting for the ap- Field. Comm. pointment. He also requested information regarding the type of out- reach they do in terms of notifying the possible pool from which nomi- nations can be drawn and what type of screening process is used. Upon motion duly made and seconded, it was voted to table the appointment to the Hanscom Field Commission pending information re- quested by Mr. Politi. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of March 21. Upon motion duly made and seconded, it was voted to table the Garage Sales discussion of the Garage Sales Policy with respect to the Sunday Blue Policy Laws until the Manager's return. 3 'a Article 51 The Board briefly discussed the question of whether or not to support --- Hazardous Article 51 - Hazardous Waste Collection and it was decided to defer any de- Waste Coll. cision until further information is obtained. Mrs. Clarke, of the League of Women Voters, is to be contacted to be invited to Wednesday's meeting. The Board was also concerned relative to the Town's liability in such a venture. Upon motion duly made and seconded, it was voted to table the dis- cussion relative to supporting Article 51 - Hazardous Waste Collection - un- til Wednesday pending further information. Refuse Coll. Upon motion duly made and seconded, it was voted, subject to Town Contract Meeting approval and Town Counsel approval as to form, to award the contract for refuse collection to SCA Services, Inc. of New England, Inc. Resurf. Cont. Upon motion duly made and seconded, it was voted to approve Extra Extra Work Work Order #2 for P. J. Keating in the amount of $7500'in connection with Order #2 Contract #83-1-E -- Resurfacing Contract. Executive Upon motion duly made and seconded, it was voted 5-0, by roll call Session voted, Mr. Crain, Mrs. Battin, Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go into Executive Session for the purpose of discussing a matter of litigation with no intention of resuming the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 7:55 P.M. A true record, Attest: moo r 1 - Octzzer.r Executive Clerk A '. SELECTMEN'S MEETING May II, 1983 A meeting of the Board of Selectmen was held in the Selectmen's Meet- ing Room, Town Office Building, on Wednesday, May 11, 1983 at 7:30 P.M. Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk, were present. The Chairman called the meeting to order at 7:30 P.M. and stated that, as there was no formal agenda, the meeting would be open to dis- cussion of any items the Board wished to bring up. Mr. Sacco referred the Board to its copies of a proposed amendment Article 38 to Article 38 which had been given to the Board by Town Meeting Member, Fortmann Tom Fortmann. He stated that he intended to oppose this amendment at Amendment Town Meeting as he took exception to the phrase in the proposed amend- ment "the Planning Board is directed to prepare for consideration by the 1984 Town Meeting." He stated that it intimated that the Planning Board works for Town Meeting which is incorrect as the Planning Board works for the citizens of Lexington and is an elected board. Pahl Mrs. Battin stated that she understood Mr. Sacco's concern, but thought it was really an issue between the Planning Board and Mr. Fort- mann. She said that if the Planning Board had concerns it was really up to them to take issue with it, not the Selectmen in order not to jeopar- dize the passage of article 38. Mr. Crain pointed out that Mr. Sacco took issue with the word "di- rect" and he agreed with him and was also concerned about its usage. Mr. Politi stated that he agreed with Mr. Sacco and Mr. Crain and pointed out that this has come up before the Board of Selectmen as well as other town boards and this may be the time to bring the matter up and have it cleared up. It was agreed by the Board to have Mr. Sacco inquire of Mr. Fortmann if he would be willing to use the word "requested" instead of "directed" in him amendment. Mr. Politi requested that a poll vote be taken when it comes up for voting if Mr. Fortmann was unable to be contacted or if he was un- willing to change his wording. The Board met with Mrs. Joan Clark of the League of Women voters Article 51 to discuss Article 51 - Hazardous Waste Collection - sponsored by the Hazardous League. Waste Mr. Hutchinson informed the Board that both the Board of Health and Collection the Conservation Commission supported the request of the League for fund- ing. He stated that he continued to recommend against this funding due to his concerns about future costs that are unidentifiable. He stated rIM4 that he had concerns about the Town identifying itself as the hazardous ars = - 2 waste problem solver for the community and the liability of the Town that would be involved. He stated that he felt that it would be more appropri- ate for a civic group such as the League to fund the project and the Town could assist them in running it. He also stated his concerns about emwool - barking on such a program as people will expect another item to be funded through the property tax. He pointed out that the results in costs are unknown including the potential liability against the Town. Mrs. Battin stated that she understood the Manager's concerns, but felt that there was no other agency but government that has the authority and stature to handle something as complex as this problem has become. She stated that she was not concerned about Town Meetings in the future being able to control costs and programs because the Board could cease to fund, cut back or impose user fees. She stated that she would like to see the Town take on the program and support it for two years under the Board of Health working with the League. She stated that the group could then report back to the Board relative to its success and progress at the end of the year. Mr. McLaughlin stated that he would be willing to support the pro- ject ro- ject for one year but not for two and felt that some kind of a fee schedule should be instituted. Mrs. Clark explained that this could be worked out and also the question of whether or not the Town would like to integrate the program with the Town of Bedford and make it a regional program. Mrs. Battin stated that she would be willing to go along with the one year suggestion. Upon motion duly made and seconded, it was voted to support Article -- 51 sponsored by the League of Women Voters at Town Meeting for a term of one year. Mrs. Clark thanked the Board and she retired from the meeting. Imo Executive Upon motion duly made and seconded, it was voted 5-0, by roll call Session vote, Mr. Crain, Mrs. Battin, Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go into Executive Session for the purpose of discussing the purchase, exchange, lease or value of real property and to discuss matters of litigation, with no intention of resuming the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 8:00 P.M. A true record, Attest: ;(1', Executive Clerk W`~ - -7 , SELECTMEN'S MEETING fc4 r.. May 16, 1983 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 16, 1983 at 7:30 P.M. Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco and Mr. McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk were present. The Chairman opened the hearing on the petition of the New England Conduit Telephone Company for permission to install approximately 505 feet of N. E. Tel conduit in Militia Drive and Worthen Road. Worthen Rd He read the petition and noted that all abutters had been notified Militia Dr of the hearing. Mr. "Chuck" O'Connor, representing the Telephone Company informed the Board that the work was necessary to provide additional conduit and cables in Militia Drive. He stated that the company was proposing to build two additional conduits on Militia Drive from existing manhole on Worthen Road to an existing manhole on Militia Drive to provide addit- ional service. No one spoke in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, Mr. Crain abstaining from voting, it was voted to grant permission to the N. E. Telephone & Telegraph Co. for installation of conduit in Militia Drive and Worthen Road as follows: Worthen Road: on the Northerly side at existing manhole 54/503 located approximately 8' Southerly of Militia Drive Northerly approximately 8' of conduit to Militia Drive. Militia Drive: on the Westerly side at the intersection of Worthen Road Northerly approximately 497' of conduit to ex- isting manhole 54/503A Permission granted with the following stipulations: 1. Excavation in both islands shall be hand digging 2. Grass shoulder shall be replaced with sod 3. Bituminous concrete patches shall be by Infra- red system Upon motion duly made and seconded, it was voted to approve the re- Battle Greem quest of the Lexington Lodge of Elks for permission to use the Battle Elks Green on June 13 for its annual Flag Day Ceremony. Mr. Sacco will rep- resent the Board at the ceremony. Upon motion duly made and seconded, Mr. Politi abstaining, it was One Day voted to issue a One Day Liquor License to the RAEDACC Association of W. Liq. Lic. R. Grace & Co. for May 26, 1983. rm. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of March 28, 1983. - 2 I Sewer Const. Mr. Zehner, Town Treasurer, met with the Board and requested approval Loan of a $150,000 B.A.N. Sewer Construction Loan under Article 19 of the 1978 Annual Town Meeting. Mr. Zehner explained that the note will be dated May 20, 1983 and due June 16; to be refinanced with proceeds of the June 15 bond issue. He Immo stated that about half will be checked out on May 20 and the other half on May 27 and recommended the lowest bidder, the Shawmut County Bank of Cambridge at 3.47%. Upon motion duly made and seconded, it was voted to approve the re- quest of the Town Treasurer to borrow $150,000 for sewer construction under Article 19 of the 1978 Annual Town Meeting from the Shawmut County Bank of Cambridge, the lowest bidder, at an interest rate of 3.47%. The Chairman thanked Mr. Zehner for his continued fine work and he re- tired from the meeting. Appt. Upon motion duly made and seconded, it was voted to appoint Mr. John Trs. Pub. Packard to the Trustees of Public Trusts to fill the unexpired term of Trusts Gaynor K. Rutherford to May 31, 1984. Proclama- The Chairman read a request from the Battle Green Chapter, Order of tion DeMolay to issue an "Exemplary Teacher Award" to be read at Town Meeting. Upon motion duly made and seconded, it was voted to issue the follow- ing proclamation: EXEMPLARY TEACHER AWARD WHEREAS: Lexington prides itself on being the Birth- place of American Liberty; and owe WHEREAS: Continuation of American democratic govern- ment depends upon an educated electorate; and WHEREAS: Excellence in education demands excellence in teaching; and WHEREAS: The Battle Green Chapter, Order of DeMolay, has named Maureen T. Sullivan as recipient of its 1983 Exemplary Teacher Award; and WHEREAS: Maureen T. Sullivan was nominated and selected for this award by her peers as a symbol of the qualities most valued in all public school teachers; NOW THEREFORE: The Town of Lexington commends and thanks Maureen T. Sullivan for her exemplary service. BOARD OF SELECTMEN James F. Crain, Chairman Margery M. Battin Stephen M. Politi Robert F. Sacco John F. McLaughlin - 3 306:' , Selectmen's Meeting. May 16, 1983 ono The Chairman read a request from a Town Meeting member for the Proclamation issuance of a proclamation for the Lexington High School Championship Debating Team to be read at Town Meeting. Upon motion duly made and seconded, it was voted to issue the following proclamation: WHEREAS: The Lexington High School Debating Team has won the New England District chamion- ship and WHEREAS: The Lexington High School Debating Team has further received State and National recognition by winning or placing in top spots in said tournaments and WHEREAS: We, the Board of Selectmen, believe this deserves Town recognition and encourage- ment NOW THEREFORE: We say to the students and faculty identi- fied with this excellent effort "Well Done". BOARD OF SELECTMEN James F. Crain, Chairman Margery M. Battin Stephen M. Politi Robert F. Sacco John F. McLaughlin The Chairman read the names of the members of the Debating Team as follows: David Adler, Adrienne Della Penna, John Harkrider, Mark Friedman, Aaron Pressman, Mark Prutsalis, Mark Passamonti, Laura Dietz, Gary Stone, Sam Thernstrom, Jon Putnam, Jessica Wang, Matt Jensen Mat Palmer, Novices as follows: Ilona Fried, Suzie Delbanco, Eric Rhein- stein, GeOff Dap ice, Mark Soukup, Sven Olsen, Joseph Choo, Janet Wong, Chris Velis. The Board discussed presentation of Article 7 - "To see if the Town Warrant will vote to authorize the Selectmen to petition the General Court for an Article 7 act to permit the Town to levy taxes to an amount not exceeding two and one-half per cent of the full and fair cash value of the property values of the Town without regard to Chapter 782 of the Acts of 1981; or act in any other manner in relation thereto." Mrs. Battin who will be presenting the Article, along with Mr. Mc- Laughlin, presented the Board with three options for consideration should Article 7 not prevail. After discussion, the consensus was that the timing for such legis- was not good. Senator Kraus, in the audience, stated that he felt that if Oak the Board wanted to have more flexibility in dealing with restrictions of 2 1/2 it would be better for the Board to make this statement now and work 3 ;7- - 4 _ in as much of that flexibility for themselves as possible. He stated that there was little support for such legislation in the Senate at this time, but the Town should make the statement. He said that it is very unclear what the timing is going to be in terms of what happens next year and pointed out that it is very unlikely that there would be an increase in local aid such as was received this year. WOO Mr. Politi stated that he was unable to support Article 7 in its pre- sent form but agreed with its inclusion in the Warrant as he felt it im- portant to voice concerns now. He stated that he flet that the Board should continue to struggle with the existing framework approved by the voters of the Town and try to live within its restrictions. He stated that he was reluctant to support Mrs. Battin's options because it called upon the Board to work with the Mass. Municipal Association and State and County Select- men's Associations to develop a process and file legislation to give the towns this authority. He stated that he would support a moiton that called for the Board to work with these agencies in studying the issue further and making a decision as to whether or not this legislation was in the commun- ities' interest or not. He said that part of the strategy in dealing with Proposition 2 1/2 is not to let the Legislature off the hook by granting execptions or liberalizations to the Act instead of trying to keep pressure on for reform in State aid. He further stated that reform in State aid has begun but there has been no reform in the tax area. Mr. McLaughlin revised the wording and Mr. Politi agreed with the re- vision. Upon motion duly made and seconded, it was voted to present an am- endment to Town Meeting on Article 7 as follows: "The Selectmen be and they are hereby authorized to petition the General Court for an Act to permit the Town to levy taxes for an amount not exceeding 2 1/2% of the full and fair cash values of the properties of the Town without regard to Chapter 782 of the Acts of 1981, if the Selectmen determine the financial outlook for fiscal year 1984 or 85 mow requires such action". Appts. Upon motion duly made and seconded, it was voted to approve the Council on Manager's reappointments of George Harris and Dorothy Boggia to the Coun- Aging cil on Aging for three-year terms expiring on June 1, 1986. Appts. Upon motion duly made and seconded, it was voted to approve the Recreation Manager's appointments of Judy Marshall and Leo McSweeney to the Recreation Com. Committee for three-year terms expiring on April 30, 1986. Executive Upon motion duly made and seconded, it was voted 5-0, by roll call Session vote, Mr. Crain, Mrs. Battin, Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go into Executive Session for the purpose of discussing a matter of litiga- tion and for the purpose of discussing the purchase, exchange, lease or value of real property, with no intention of resuming the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 8:00 P.M. A true record, Attest: e_d/A1;;)7. ))' Ex cutive Clerk +11rMr ,01,0T I IF"' 3 ' SELECTMEN'S MEETING May 23, 1983 A regular meeting of the Board of Selectmen wa held in the Select- men's Meeting Room, Town Office Building, on Monday, Ny 23, 1983 at 7:30 P.M. Chairman Crain, Mr. Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk were present. The Chairman called the meeting to order at 7:30 P.M. and read a Auctioneer request for an Auctioneer License. License Upon motion duly made and seconded it was voted to issue a One Day Auctioneer License to Hossein Torabzeeh, Oriental Rug Center, 6 Mt. Auburn St. , Watertown for June 11, 1983. Upon motion duly made and seconded, it was voted to accept the Resig. resignation of Nancy C. Zarle from the Human Services Committee. Hum. Serv. Upon motion duly made and seconded, it was voted to refer the Traffic request of Alfred B. Gschwendtner for a traffic study of Harrington Rd. Safety to the Traffic Safety Committee and the Center Revitalization Committee Pon for recommendations. Upon motion duly made and seconded, it was voted to accept the Traffic recommendations of the Traffic Safety Committee to implement the follow- Safety ing safety measures as requested by Mrs. Barbara Gryboski, Peacock Farm Road: 1. Selective and sensitive roadside clearing for the full length 2. Install chevrons on Peacock Farm Road at Mason Street 3. Continue a single yellow broken centerline through the Mason Street intersection to act as a guideline. Upon motion duly made and seconded, it was voted to table the re- Traffic quest for an "Elderly Crossing" sign at Worthen Road and the Traffic Safety Safety Committee recommendation to deny the request, pending further in- formation to be obtained by the Manager relative to regulations for the installation of such signs. The Manager explained that the abatements of water bills requested Water by the Director of DPW reflects the transfer of real estate and also the Abatements new rate increase. Upon motion duly made and seconded, it was voted to approve the re- quest of the Director of D.P.W. for water abatements per the attached list. - 2 -- sa, Minutes upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's meeting of April 4, 1983 as amended. imig) Versailles The Manager reported to the Board regarding the request of Mr. Sidman, Restaurant proprietor of the Versailles Restaurant, for permission for outside dining. Outside Mr. Hutchinson reported that the general reaction from staff was nega- Dining tive because of the serving of alcohol, potential blockage of walks and the danger of setting a precedent relating to other businesses. He pointed out, that there is also an argument for experimentation and recommended that if the Board approved, it should be on a 60 or 90 experimental basis. After discussion the Board agreed to table pending further information from Mr. Sidman who will be invited to attend the June 6 meeting. Upon motion duly made and seconded, it was voted to table the request of Versailles Restaurant for permission for outside dining until June 6. By-Laws The Manager reported that the By-Laws have been reprinted and recom- mended that a fee of $3.00 be required for a complete set and $.20 per page for specific sections. Upon motion duly made and seconded, it was voted to approve a charge of $3.00 for a complete set of the Town By-Laws and a charge of $.20 per page separate sections. Recreation Upon motion duly made and seconded, it was voted to approve the re- Fees quest of the Recreation Department for a new fee schedule as follows, effective immediately: Activity Current Recommended Chane Learn to Swim Lessons $ 2.00 $ 5.00 Advanced Life 5.00 10.00 ...i Adult Lessons 2.00 5.00 Basic Rescue & Water Safety & Water Safety Aid 5.00 5.00 (no change) Season Swim Passes: Youth/Senior 6.00 Adult 12.00 Family 36.00 (no change) Replacement Tag 1.00 Daily Fee: Youth 1.00 (no change) Adult 1.00 2.00 Tennis Reservations 1.00 (no change) Tennis Sign-in 1.00 (no change) Summer Basketball League 10.00/team 20.00/team Coed Softball League 10.00 (no change) Daily Field Rental 2.00 3.00 Season Permit 20.00 30.00 Proclamation Upon motion duly made and seconded, it was voted to the request of the Director of Public Works/Engineering to issue the following proclama- tion proclaiming the week of June 6 to 10th as Water Conservation Week in Lexington: _ 3 - Selectmen's Meeting May 23, 1983 PROCLAMATION WHEREAS: each year we use more and more water in our daily lives and, if we do not use water wisely, someday there may not be enough for us to use; and WHEREAS: the amount of water supplied by the M.D.C. i s now exceeding the safe yield, there will be a long range problem which can only be addressed through conservation and new sources; and WHEREAS: the growth in water use, incidences of contami- nation and possible recurring drought could result in additional demands on the system; and WHEREAS: all those who use water can conserve water and achieve substantial benefits from reduced water bills, sewer use charges and related water treat- ment costs; NOW THEREFORE: be it resolved, that we, the Board of Selectmen and Town Manager of the Town of Lexington do hereby proclaim June 6th to the 10th, 1983 ppm as WATER CONSERVATION WEEK IN LEXINGTON and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing water and to recognize that a water conservation program offers the most immediate and most cost effective strategy to deal with helping to relieve the burden of excessive water demand. Upon motion duly made and seconded, it was voted to table the request Traffic of the Traffic Safety Committee for "No Parking" regulations on Winthrop Safety Road pending further information from the Traffic Safety Committee and the Center Revitalization Committee. Upon motion duly made and seconded, it was voted to approve the Transfer request of the Town Manager for a transfer from the Reserve Fund in the amount of $5,000 to the Fire and Police Medical Account #1125 . Upon motion duly made and seconded, it was voted to approve and Gypsy Moth sign an agreement between the Town and the Commonwealth of Massachusetts Suppression Division of Forests and Parks, Bureau of Insect Pest Control, to partici- Agreement pate in the partial reimbursement program for ground control and sup- pression. { '6' - 4 - Sewer The Manager referred the Board to its copies of a request from the Gray Nuns Gray Nuns for sewer extension to #15 Pelham Road. He explained that the Abatement plans had been reviewed and approved by our Engineering Department and the cost of the extension would be assumed by the Gray Nuns. He recom- .. mended approval for extension and commitment and abatement of the sewer charge in lieu of betterment. Upon motion duly made and seconded, it was voted to approve the re- quest e- quest of the Gray Nuns for sewer extension to #15 Pelham Road. It was further voted to commit and abate a sewer charge in the amount of $2,407 .83 . Bonds Upon motion duly made and seconded, it was voted to approve the Local Asst.Treas. of f ical Bonds for James R. Kane as Assistant Treasurer in the amount of Tax Coll. $45,000 and as Tax Collector in the amount of $165,000. Executive Upon motion duly made and seconded, it was voted 5-0, by roll call Session vote, Mr. Crain, Mrs. Battin, Mr. Poli t i, Mr. Sacco and Mr. McLaughlin, to go into Executive Session for the purpose of discussing a matter of litigation with the intention of resuming the open meeting. After discussion, the open meeting was resumed. Cons.Res- Upon motion duly made and seconded, it was voted to accept a gift of tric. land with a conservation restriction from Claire W. Reed, Castle Road. Castle Rd. Town Counsel Mr. Cohen requested that, in view of the new Conflict of Interest Law Palmer & that the Board vote to confirm the appointment of the law firm of Palmer & Dodge Dodge as Town counsel. Upon motion duly made and seconded, it was voted to confirm the appoint- ment of the law firm of Palmer & Dodge as Town counsel. Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. A true record, Attest: is E -ec utive Clerk I ammir