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HomeMy WebLinkAbout1983-12-BOS-min tt- SELECTMEN'S MEETING Oft December 5, 1983 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 5, 1983 at 7:30 p.m. Chairman Politi, Mrs. Battin, Mr. Sacco, Mr McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Acting Executive Clerk, were present. In his opening remarks, Chairman Politi expressed his appreciation in being accorded the privilege of chairing the Board of Selectmen. He recalled the experience of growing up and being educated in Lexington and the benefits realized from this experience during his college years and beyond. He noted his involvements through the years with various Town Committees and finally as a Selectman as a means to help to ensure that the climate of the Town, which he has always enjoyed would be continued. He looks forward to continuing in his role as Selectman and to successfully carrying out his responsibilities. Upon motion duly made and seconded, the Board of Selectmen voted Intent to its intent to lay out the following streets as public ways in the Town lay out of Lexington: streets elar Subdivision Streets 1 Battleview Circle - 26.5'+ from Young Street to end. Kitson Park Drive - 735'+ from Concord Avenue to end. Crest Circle 336'+ from Blossomcrest Road to end. Ingleside Road - 400 ± from Clyde Place to end. Construction Streets Emerald Street - 490'+ from Asbury Street to Belliflower Street Ellis Street - 210'+ from Oak Street to Taft Avenue Norton Road 280'+ from Brandon Street to end. Tower Road - 575'+ from Locust Avenue to Independence Avenue Sunnyknoll Ave - 609'+ from Bedford Street to Reed Street The Chairman opened the Public Hearing on the Application of Gasoline Henry L. Almquist Assoc. acting for Texaco USA for permission and license storage hear for removal of four underground gasoline storage tanks with a total ing - Texaco capacity of 24,000 gallons and replacement with two 10,000 gallon; one USA 12,000 gallon underground gasoline storage tank and additional installa- tion of one 8,000 underground diesel fuel storage tank. Total storage capacity on the premises, including tanks containing 1,120 gallons of fuel and waste oils, will be 41,120 gallons underground. The chairman noted that a slight error which had appeared on the application and in the legal ad had been corrected to read as stated above. rink, 1 1 -2- Henry L. Almquist presented the proposal for increased storage and replacement of 20-year old steel tanks with fiberglass tanks. The report of Fire Chief Bergeron, dated 11/9/83, who recommended approval of the license, was read by the Chairman. The reports of the Building Commissioner and Health Director, recommend- ing conditional approval, were also read. The Conservation Commissioner re- ported that the Wetland laws do not apply to the project, thus the Commission has no concerns. Mr. Almquist stated that, as required by law, monitoring will take place to detect any leakage in the tanks installed. Upon motion duly made and seconded, it was voted to approve the applica- tion made on behalf of Texaco USA, for license and permission for removal and installation of underground storage tanks at 915 Waltham, as requested in the application. Permission was granted subject to the following conditions: The installations must comply with all Fire and Building Code Regulations and must be completed within 1 year from the date of this letter. Venting of tanks must be in compliance with State Air Pollution Regula- tions. Details of plans to deal with any leak or accident which might occur must be transmitted to the Office of the Lexington Board of Health. DNA The Chairman read a letter from the Board of Health to the Selectmen dated Research October 25, 1983, stating its concern as to whether or not the Town desires to support the presence of recombinant DNA research in Lexington. The Board of Health advocated appointment of a study committee to report to the Town Meeting moo and insertion of an article on the Warrant to determine approval or disapproval of such research in the Town. The Board of Health had expressed its willingness to meet with the Select- men for discussion of the matter and James Lambie, Chairman, Linda Roemer and Michael Erdos were there for that purpose. A statement was distributed to the members on Recombinant DNA Research in Lexington, dated 12/5/83 and questions which might be addressed by a study com- mittee were reviewed: How significant are the possible risks and how effective are the possible counter measures? What will it cost to initiate and administer a continuing surveillance program? What effects might there be on town growth? What concerns and issues which reach beyond the Town's boundaries should be taken into account? Can it be prohibited by the Town? Mr. Lambie noted that the central point to be considered is that of risk, which might prove to be the most difficult to quantify. He noted the necessity to counter-balance the need and the risk. The Board was informed that through Board of Appeals precedures, such activity is now permitted under Special Permit in centain zones and that amendment to the Zoning By-Law would be required to prohibit it. He added that to grant permission with regulatory restrictions may also require Town Meeting action. He noted the possibility that the Board of Health could issue regulations. mow Ti -3_ toms. General agreement was expressed that committee for study of the matter should be formed, comprised of individuals with a variety of backgrounds and experience. Eric Clarke on behalf of the Board of Appeals spoke in favor of formation of such a committee and noted the benefits which would be realized by his Board regarding guidance for future rulings. Mr. Lambie recommended a representation of Town Boards, and representa- tives of the public point of view in addition to DNA specialists of which, he said, there is a great source in Lexington. Although it was agreed that 1984 Annual Town Meeting action would be preferred, it appeared that the time required for study would seem to indicate 1985 Annual Town Meeting consideration. Question was raised as to whether ongoing study of the subject could be a basis on which to delay or deny application to the Board of Appeals to permit DNA activity. It was suggested that a moratorium pending completion of a study could be declared. Dr. Clarke stated that at this time, no application for DNA Research activity had been submitted to the Appeals Board. Upon motion duly made and seconded, it was voted to accept the re- commendations of the Board of Health to establish a committee for the study of recombinant DNA research in Lexington. The Committee will be required to prepare an interim report in 1984 and to submit a final report to the 1985 Annual Town Meeting. The newspaper will be asked to publicize the need for volunteers for appointment to the Committee, following development, by the Town Manager of a Charge which would include requirements for membership. The Board re- quested the Manager to present the draft change by mid-January '84. The Chairman noted a vacancy remaining on the Human Services Committee Human Svs. not filled when appointments to the Committee were made in August, and the Comm. Appn recommendation of the committee's Chairman, Stephen Baran, that Marion Shepp be appointed to complete the roles. Upon motion duly made and seconded, it was voted to appoint Marion Shepp, 68 Shade Street to the Human Services Committee for a term of office to expire on May 31, 1985 Mr. Politi noted that at the time of Human Services Committee appointments in September, no length of terms had been specified. Upon motion duly made and seconded it was voted that the terms of office on the Human Services Committee of Stephen Baran, Roberta Black, Stan N. Finkelstein, Howard Reynolds and Judith Zabin are to expire on May 31, 1984. The Chairman read the report of the Director of Public Health in- Common dicating that all Common Victualler licenses applied for were suitable Victualler for renewal. Licenses Upon motion duly made and seconded it was voted to approve the following applications for renewal of Common Victualler Licenses for the year 1984 ommi Alexanger's Pizza Brigham's Chadwick's Cory's of Lexington Denny's Restaurant Lexington Golf Club Pine Meadows Country Club Sheraton Lexington Motor Inn LeBellecour Kentucky Fried Chicken Yangtze River Restaurant -4- Innkeepers The Health Director's recommendation for approval of applications Licenses for Innkeepers Licenses was noted. Upon motion duly made and seconded, it was voted to approve applications for renewal of Innkeepers Licenses for the year 1984 for: ■••• Battle Green Motor Inn Mass. Avenue Sheraton/Lexington Motor Inn 727 Marrett Road Entertain- Upon motion duly made and seconded, it was voted to approve the ment Lic. application for renewal for Entertainment License for the Sheraton/ Lexington Motor Inn, 727 Marrett Road, for the year 1984 Lodging House Upon motion duly made and seconded, it was voted to table action License on the application for renewal of Lodging House License for Wild Acre Inn, pending investigation and report on its suitability for Licensing for 1984 by the Building Commissioner. L.H.A. Upon motion duly made and seconded, it was voted to sign the Contract "Resolution Authorizing Execution of Amendment to Annual Contributions Contract" as requested by the Lexington Housing Authority. Water Abate- Upon motion duly made and seconded, it was voted to approve the ments abatement of Water Rates for: NAME ADDRESS AMOUNT WHY ABATED Cycle-1 Randolph Martin 1 Moon Hill Road $58.85 Incorrect Reading Cycle-2 William Graham 21 Muzzey Street $60.50 Estimate Adjusted immol Moira Bue 50 Forest Street $45.00 Incorrect reading/Cust. William Bade 4 Bowser Road $165.00 Billing Error $270.50 Cycle-3 James Cosgrove 304 Wood Street 55.00 Incorrect reading Mildred Starin 16 Freement Street 22.00 Estimate adkusted Frederick Boyle 4 Robinson Road 44.00 Estimate adjusted John Keating 555 Marrett Road 42.35 Incorrect reading/Cust. $163.35 linutes Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting of November 7, 1983, as amended. L-day Liq. Upon motion duly made and seconded, it was voted to grant a One-Day ic.W.R. Liquor License to W. R. Grace & Co. Recreation Association, 55 Hayden Avenue race on December 8, 1983 The Town Manager informed the Board that the available rental space fulyroe Sch. at Munroe School had been advertised for two weeks and that 9 proposals )roposals for its use had been received in response. Mr. Hutchinson gave details of the following proposals: Arts/Lexington, requesting a 4-year lease for a Center for the Arts, would sublet to cultural, education and service vow organizations. -5- Oft The Childrens Center, desiring a ten year lease for a Nursery School. These two proposals are for the use of the entire available space. Partial use requests include: Monitored Study Centers requesting rental of one room, for a supervised study hall for school children Mass. Parent Teach Student Association desiring two rooms for its office and quarters for coordination for state- wide PTA group. Cooperative Elder Services, requesting the ground floor, for elderly day care. They would be willing to sub-tenant on a short term basis. Four other proposals were noted: Lexington Driving School, RePlace Inc. Teodora Martinez-Sanchez (for 1-room nursery school) and the Liberty Baptist Church, who responded initially, but with no follow up. emk Mr. Hutchinson gave his recommendation in favor of Lexington Arts. He noted the concerns raised by the Board with respect to all leases in Munroe ending simultaneously and noted that the lease of Adams/Russell, current tenant, expires in 2 years. He felt that all proponents would ask for at least a 4-year lease In response to Mr. McLaughlin, Mr. Hutchinson recapped the terms of the status of the school. Noting that there have been three active school closing projects, it was felt that one should be kept on inventory and rented in the interest of future flexibility. Munroe, because of its location, met many concerns for groups such as Adams/ Russell, Share a Ride, the Assembly of God Christian Center. The effort is to meet the goals expressed at the time of decision and to comply with zoning requirement. Mrs. Battin noted that the Art/Lex proposal ties into Center Revitalization Committee goals for increased cultural activity in proximity to the center. Ms. Lenox, distributed copies of the proposal by the Children's Center of Lexington and reviewed with the Board a summary of its features. She said the Center's request is prompted by a need for expansion due to increasing demand for its services and asked the Board to give serious consideration to an existing need in the Town for such services. Mr. McLaughlin requested that he be excused from full participa- tion in discussion of the proposal because of his wife's employment at the center. He questioned whether the Center could accept less than a 10- year lease. Ms. Lenox explained that the 10-year lease was requested in hopes of -6- justifying -6-justifying large expenditures necessary to accommodate the needs of the children attending, but will explore the idea of a shorter lease with her Board. In answer to Mr. Politi, she said that it is possible that the Center might be interested in rental of space in two classrooms and that decision could be made on that issue within 2 weeks. Mrs. Lenox said the Center would possibly be interested in space in another school at a future time, if this proposal is not accepted. Brian Kenet of the Monitored Study Centers, presented his request for one large room for the purpose of supervised study for school children. He explained the program offered by the Study Centers addresses issues such as families with children too old for nursery school, where both parents work but supervision is still needed; underachievers who need a place to study with guidance and without distraction, to develop better study habits. Certified teachers, trained at a Study Center in Kentucky would be employed. He noted that no similar facility is located in this area. Charges for the service are $100/mo, for hours of 3 p.m. to 7 p.m. on Monday through Thursday. The Center would serve students of all age groups but the bulk would be from the 5th to 10th grade. No structural changes, except for construction of study areas for isolation, are planned. Mr. Kenet said a lease either a two-or a four-year lease would be acceptable. He requests a large room for eventual accommodation of 45 - 50 students maximum. The first year an enrollment of 10 to 20 is expected, with 1 teacher for up to 20 students. Mr. Anderson, Arts Lexington, referred to the previous presenta- tion of his proposal and asked for any questions which may have arisen since that time. Mr. McLaughlin asked if any proposals heard tonight would be com- patible as a sub-tenant. Mr. Anderson said it would be possible to merge with any group heard. Regarding provision of space to artists, Mr. Anderson said that the list of applicants is yet to be developed, Local artists would receive first consideration, though he was not sure all space could be filled with Lexington artists. He noted that other Towns have realized about a 10 - 12% vacancy rate at the start. He was sure that after acceptance of his proposal, an adequate list could be submitted as a demonstration of the Center's ability to pay. Regarding a selec- tion process in the case of a waiting list, Mr. Anderson said effort would be made to get as diverse a group of visual and performing artists as possible. Louis Curtis, Music Director, Follen Church described Art Center programs and facilities in other towns and felt that there is great need in Lexington for such opportunity for local artists. She suggested that Lexington Theatre Company productions could be offered at Munroe. Mrs. Rawls said she had understood previously that the Lex/Art proposal was for working studios and now hears of plans for classrooms. L Mr. Anderson responded that teaching might be adjunct to their work, and added that the artists would not be making unusual profits in ,,,d -7- 0.4 their roles as teachers. Regarding sale of products on the premises, Mr. Anderson said stipulations in the lease as well as all zoning requirements wil be complied with. There will be no shops in the school and artists would sell their products away from the school Martha Sherff, 1387 Mass. Avenue said her previous understanding had been that artists studios were being proposed as an abuttor, She questioned the noise impact of a jazz group performing or practising until 9 p.m. Mr. McLaughlin complimented Arts/Lex on its proposal, particularily if it would be possible to combine uses and to work with another group. He suggested that the Childrens Center be given opportunity to finalize its decision on space allocation. Mr. Sacco said he would like further information on the uses proposed. He noted Arts Council mention of use of an auditorium for plays, and that there is no auditorium in Munroe. He asked that the Arts Council clarify its remarks. By consensus of the Board, the Town Manager was asked to work with the Arts Council and other groups to resolve the questions raised and to ascertain if Arts/Lexington could accommodate another group such as the Childrens Center. He will determine whether Franklin School would suffice for the Center's needs if they don't need a location near the Lexington Center. The Manager will report to the Board in 2 weeks. pok Upon motion duly made and seconded, it was voted by roll call vote Executive Mr. Politi, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, to go into executive Session session for the purpose of discussing matters of litigation, with the in- tent to resume open session. At 9:30 p.m., open session was resumed. The Manager reported on correspondence from Mary T. McCarthy, Sewer Charg( 29 Maple Street, in which she had correctly pointed out that sewer abatement- charges for that property, for which she had been billed had been paid 29 Maple St by a previous owner. He recommended that the sewer assessment be abated. Upon motion duly made and seconded, it was voted to approve the request of the Director of Public Works that the following sewer betterment in the amount of $816.13 be abated: Mary T. McCarthy, 29 Maple Street. The Board discussed the size and structure of terms for the Lexing- LexHAB ton Housing Assistance Board. Mrs. Battin recommended that serious consideration be given that the Board be comprised of nine members from a vareity of backgrounds, to allow for flexibility in formation of sub-committees. She noted two other commit- tees which had been charged with important tasks and in which that number has worked well: Human Services Committee and the Center Revitalization Committee. She also noted that absences from meetings of a committee with smaller membership can delay procedures. -8- Mr. Sacco preferred a five member committee, noting the size of the Board of Selectmen and Board of Appeals, and said he was concerned that a larger board might get unwieldy. He would consider seven members but opposed nine members. yaw Mr. McLaughlin also felt that nine members seemed unwieldy but that five members seemed to few. He suggested seven members with the option to expand or cut back if necessary. Mrs. Battin suggested that, whether nine or seven members, a member of the Housing Authority serve as ex-officio in addition to the number specified. Mr. Sacco said that initially he had favored the concept of five mem- bers. He could favor seven members but not as many as nine. He would hope for eventual cutback to five members. Upon motion duly made and seconded, it was voted to establish the num- ber of members to be appointed to LexHAB as seven members for staggered terms, that number to be decreased or expanded if warranted. Mrs. Battin voted in the negative. Upon motion duly made and seconded, it was voted that the terms of members of the Lexington Housing Assistance Board be designated as follows: 3 members for three years 2 members for two years 2 members for one year Appointments of members to LexHAB was considered. It was agreed that it would be of benefit to have a member of the Housing Authority on the Board. Mr. McLaughlin moved tO, nominate Donald, Wilson, Chairman of the Hous- ing Authority for a term of three years. Mrs. Battin again suggested the appointment of the Housing Authority ere member as ex-officio, to serve as an eight member and with voting power. She favored Mr. Wilson's appointment but with that distinction of terminol- ogy. It was suggested and agreed that the names of all to be proposed for nomination be placed on the table as a means of insuring diversity of back- grounds in the membership. Mr. McLaughlin withdrew his motion. The following names were proposed: Mrs. Battin nominated William Hayes, Sherry Edmonds, William Spencer and Eric Clarke. Mr. Politi nominated William Hayes, Linda Conrad and William Kennedy. Mr. Sacco nominated Donald Wilson, David Eagle, Jean Gaudet and William Hayes. Mr. McLaughlin nominated Donald Wilson, Jean Gaudet, William Hayes and John Zorka. Nominations for 3 members for terms of three years were made as follows: Mr. McLaughlin nominated Donald Wilson Mrs. Battin nominated Sherry Edmonds Mr. Sacco nominated Jean Gaudet Mr. Politi nominated William Kennedy Upon motion duly made and seconded, it was voted to appoint the following to the Lexington Housing Assistance Board for terms to expire on December 5, 1986: -19- Donald Wilson Oft William Kennedy Jean Gaudet Mr. Wilson and Mr. Kennedy were appointed by unanimous vote; Mrs. Gaudet was appointed by a vote of 3 - 1, with Mrs. Battin voting in the negative. The following nominations for 2 members for terms of two years were made: Mrs. Battin nominated Sherry Edmonds. She gave information on her background and said that because cif her bac ground As a member of the Housing sub-committee, her expertly in *the ¢ usit field would be of benefit to LexHAB. Mr. McLaughlin nominated William Hays Mr. Sacco nominated David Eagle. Upon motion duly made and seconded, it was voted to appoint the follow- ing to the Lexington Housing Assistance Board for terms to expire on December 5, 1985: William Hays David Eagle Mr. Hays was appointed by unanimous vote; Mr. Eagle was appointed by a vote of 3 - 1, with Mrs. Battin voting in the negative. The following nominations for two members for terms of 1 year were made: Mr. McLaughlin nominated John Zorka. Mr. Sacco nominated Linda Conrad Mrs. Battin nominated Sherry Edmonds, William Spencer and Eric Clarke. Upon motion duly made and seconded, it was voted to appoint the follow- ing to the Lexington Housing Assistance B oard'f or terms to expire on Decem- ber 5, 1984: John Zorka Linda Conrad Upon motion duly made and seconded, it was voted by roll call vote Executive 4 - 0, Mr. Poli ti, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, to go into Session Executive Session for the purpose of discussion of litigation, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:20 p.m. A true record, Attest: , r r-bS Marion H. Snow Acting Executive Clerk eft k SELECTMEN'S MEETING P"'' December 12, 1983 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 12, 1983, at 7:30 p.m. Chairman Politi, Mrs. Battin, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel and Mrs. Snow, Acting Executive Clerk. The Chairman opened the meeting by reading Mr. Tonaszuck's memo N. Lex. Road "North Lexington Traffic Review w/Planning Board in which he reported Improvement on the December 5 meeting, when the three concept plans for Bedford Street/Hartwell Avenue, were presented by Richard Cooke, BSC and re- viewed by the Planning Board. Mr. Tonaszuck reported that the con- census of the Planning Board was to be pleased with the progress that had been made, but expressed some uneasiness about the U-turn loop providing access to the commercial properties and suggested a narrower frontage road more compatible with the abutting residential properties. These concerns will be addressed. Mr. Tonaszuck will keep the Planning Board informed as to pro- gress at subsequent meetings with State and Federal representatives. Mr. Hutchinson recommended moving toward the plan reflecting FHWA comments, as presented to the Board on November 14, 1983 and to the neighborhood on November 29, 1983. owl% Details of the originally submitted plan were pointed out and re- viewed as compared with the compromise plan developed in response to FHWA comments. Changes, as suggested by the Planning Board, will be worked toward within the modified plan. Regarding emergency vehicle entrance onto Eldred Street, Mr. Tonaszuck expleained that, as on Mass. Avenue, Cambridge, the divid- ing island separating the frontage road from Bedford Street will be raised to on a height of 2" to allow direct entrance for such vehicles. Mr. Politi asked if there was any mechanism available to auto- matically shut off traffice signals if installed at Eldred Street, in the event of a back-up to Rte 128. Mr. Tonaszuck responded that there is no way to stop the signali- zation. There was consensus of the Board to move forward with the plan as proposed by Mr. Tonaszuck, with changes to be incorporated as noted above The Building Commissioner's report that Wild Acre Inn is in com- Wild Acre Ir pliance with Building regulations was read. Action on renewal of the license Wild Acre Lodging House license had been tables at the meeting of December 5. Upon motion duly made and seconded, it was voted to approve the application of Wild Acre Inn, 50 Percy Road, for Lodging House License for the year 1984. ,�r... Upon motion duly made and seconded, it was voted to approve re- Common Vict, newal of the following Common Victualler Licenses for the year 1984: licenses The Kitchen Pewter Pot McDonald's Friendly Ice Cream Corp. Denny's Restraunt Alexander's Pizza -2- Class I Upon motion duly made and seconded, it was voted to approve licenses applications for Class I licenses for the year 1984 as follows: Lexington Toyota, U.S.A. , Inc. Caromas Corporation Auto Engineering, Inc. %No Class III Upon Motion duly made and seconded, it was voted to approve licenses application for Class III License for: John P. Carroll Company Traffic item The request of Robert Trask, 217 Waltham Street, for attention to icing,Waltham icing problems on a portion of Waltham Street at #305 reviewed and Street was referred to the Director of Public Works for investigation and report within 3 weeks on means to resolve the problem. Upon motion duly made and seconded, it was voted to approve the application of Washington Lodge of Masons for one-day Liquor License in conjunction with a Christmas Party to benefit the Shriners Burn Institute to be held at the Museum of Our National Heritage, 33 Marrett Rd, on December 17, 1983. Part time Mr Hutchinson reported on part-time employees working more than employee 20 hours as follows: benefits Town Manager's Office - one position Recreation - one position Planning - one position Transportation - one position Assessors - one position moo Council on Aging - two positions Fire - one position Library - three positions with respect to provision of fringe benefits. He informed the Board after extensive review, he has concluded that it would be counterproductive cut back to 19 1/2 hours to avoid provision of benefits, in the light of State Appeals Court ruling re- quiring provision of health benefits in such cases the benefits be- offered. He noted that employees in the Town Manager office, Council on Aging and Library would avail themselves of the fringe benefits, which would mean that $9,000 would have to be funded by the Town, with the understanding that it would continue to be part of the budget review process. He asked authorization to go forward with the process. Upon motion duly made and seconded, it was voted to adopt the Manager's recommendation regarding provision of fringe benefits to part time workers working beyond 20 hours per week, and to authorize him to proceed with implementation. Franklin Formation and appointments to the Franklin School Conversion School Comm. Committee was discussed briefly. It was generally agreed that 5 to 7 members as in other school committees would be appropriate, and though heavy neighborhood representation would be desirable, it should Imo �R not comprise the majority. Mr. McLaughlin will provide some back- ground information as to qualifications of those menet Toned on his Polk suggested list of candidates. John Ward, Chairman and William R. Page of CATV Advisory Committee CATV Access were present and Mr. Page informed the Board of Committee activity Council on formation of the Lexington Access Council. Mr. Page introduced Thomas Ewing, who has agreed to serve as Chairman of a committee which will pave the way for an Accres Council and went on to define its purposes and functions, as outlined in his memo to the Board of Selectmen, dated 12/12/83. He noted that Adams/Russell has made a solid commitment to catalyzing community use of the cable system and that its contract with the Town calls for 8 channels. He noted this to be a crucial stage in preparing for the formation of the Council to assure that the Lexington community gets the full value it ex- pects from its cable television system. He reported that the staff of Adams/Russell has worked to pre- pare for the spread of public use of the system, including training of Lexington people in the use of equipment and helping with the many programs which have already been shown on the cable stations. He noted the Palmer & Dodge memo in which Adams/Russell's responsibilities regarding formation of the Access Council are de- fined, and stressed the need for recruiting Lexington citizens as members. Those interested in serving should contact Mr. Ewing. A letter will be published in the newspaper, asking for volunteer and giving particulars. ono* Mr. Page said that to his knowledge, there is no minimum age re- quirement for training for use of the equipment. Mr. McLaughlin sug- gested that pursuit of audio visual programming in the Jr. High Schools, in addition to the High School, might be worthwhile. Mr. Pollack, Adams/Russell, mentioned insurance restrictions that have to be dealt with regarding training of students, but felt that, with proper adult supervision, training could be done at both levels. Mr. McLaughlin asked if planning to arrange for broadcasting of "election" programs, allowing the public to become familiar with issues and candidates, had been considered. Mr. Page felt that that would be an excellent way to broaden enterest. Adams Russell General Mgr. Steve Pollack voiced his firm's support for a strong Access Council and promised cooperation to in- sure that the group is successful. He felt that the council will be a key to good relationship between Adams/Russell and the Town. Anne Grady, Chairman of the Garrity House Committee, and members Garrity Wilbur Jaquith and Marjorie Weerts, were present to present the House Committee's recommendation of the proposal of Norman, Roger and Jane Trudeau for the rehabilitation of the Garrity House and carriage house Mrs. Grady noted that three good proposals had been received, and outlined the reasons for the Committee's preference for the omit Trudeau proposal. Mr. Trudeau plans no changes to the interior or exterior of the buildings. Landscaping of the property will remain approximately the same. The house will not be moved The offer of $30,000 was substantially higher than the other offers. Mr. Trudeau will not use a bank mortgage. In addition to his own -4- resources, he will borrow from Roger and Jane Trudeau. In order to take advantage of centain tax benefits for historic buildings which are rented, Jane & Roger Trudeau will be the actual purchasers of the buildings, and will lease the buildings to Norman Trudeau for a specified number of years (no more than 5) and then sell them to him. Norman Trudeau will actually carry out the proposal and he will work closely Imo with the Building Comm. to meet whatever requirements he may have. Mr. Trudeau would have a lease on the Garrity House on the grounds for 99 years, to insure upkeep of the land and town control in case the buildings were destroyed. In the case of sale of the buildings, the Town would have right of the first refusal, except in the case of sale to Norman Trudeau. The plan would require Town Meeting approval and passage of state legislation to permit the 99 year lease. Upon motion duly made and seconded, it was voted to accept the recommendations of the Garrity House Committee and to place an Article in the Warrant for the 1984 Annual Town Meeting for the ap- proval of the rehabilitation and sale of the Garrity House and carriage house. DiGregorio Mr. DiGregorio was present for further discussion of the concerns Willard expressed by residents of North Street, near the entrance to Willard Woods Woods. Mr. DiGregorio recapped the problems stated in the petition: profanity, breaking glass, loud music screeching tires and the litter resultant from the late night parties several time a week. He felt the proposed resolution of the problems, placing of boulders so as to limit access to the Woods, would not be adequate. r,rr He noted thefts which have taken place in the past and fear of vandals in the neighborhood. Upon reports to the Police, he said he was told it was difficult to eliminate the night time problems. The Police did note the presence of litter and refuse left in the area. Mr. Hutchinson recommended that the suggestion of the Recreation Committee for limiting access by installation of boulders should be given a try. He had asked the Police Chief to have the area patrolled more frequently to inhibit improper use of the area. Mr DiGregorio also asked for patrolling during the day and noted little use for recreation because of litter and broken glass, which should be cleaned up. Regarding the noise impact at night, he felt that there is no effective way for the police to correct it. Mr. Hutchinson said he will pursue the cleaning up of the area with the DPW, but he felt that enforcement is a Police matter and should be handled by them. Mr. McLaughlin suggested that if the problem continues, citations for violators might be more effective than chasing by Police. Mr. Hutchinson will explore solutions to be implemented by the Police, as well as DPW clean up, and will report to the Board in 90 days on progress. He will ask citizens to continue to report problem incidents. low Executive At 8:40 p.m. , upon motion duly made and seconded, it was voted Session by roll call vote - Politi, Battin, Sacco, McLaughlin, to go into executive session for discussion of real estate negotiations, -5- with the intent to resume open session. ink At 8:45 p.m. , open session was resumed. Mr. Perry, Comptroller, introduced Jim Russell, Arthur Andersen Auditors & Co. , to report on his company's audit for FY'83. He reported that A.Anderson & the Town continues to be in sound financial condition. He reviewed Company results of examination of the Town's 1983 finanacial statements, as presented in a document "Financial Statements as of June 30, 1983 Together with Auditor's Report", and noted that the closing of the books and auditing process had gone smoothly under new accounting system, adopPd during the past year. Mr. Russell referred to the Management letter, dated September 2, 1983, which accompanied a document entitled "Rec. Concerning Accounting Policies & other Internal Control containing recommendations for improvement in the areas of automation, proposed Retirement System legislation, vested sick-pay Trust funds, unaccounted for water, departmental receipts, payroll cash accounts and the contri- butory Retirement System. As in the past several years, emphasis on future strategic opportunities was recommended. Regarding the financial position of the Town, he noted that Lexington has a sound financial posture, but stressed that the Town should go forward with vigilance under Proposition 2 1/2. He felt that Lexington is well served by the financial organi- zations and departments within the Town. He noted that no weaknesses oilmh had been pointed out in the complete report. Mr. Hutchinson referred to the Data Processing Committee, which is developing fairly substantive recommendations in the area of financial organization. The committee is exploring a "tie-in" with school computer; expanded use of "service bureaus", possible time- sharing with another municipality; use of microcomputers for depart- mental applications; installation of one large computer, or whether to maintain the staus quo. Mr. Russell acknowledged the cooperation and assistance of all, including the school department, which had been extended to his firm and expressed appreciation for courtesies shown. The Board reviewed the application of Arthur Gianoukos, Arty's President, Arty's Restaurant, Inc for issuance of 300 additional Restaurant shares of common stock, in addition to the 100 shares originally common stoc] issued to Arthur Gianoukos. The chairman noted the report of Police Chief Furdon which stated that his investigation concerning the three prospective stockholders had revealed no evidence of poor character. Upon motion duly made and seconded, it was voted to approve the request of Arthur Gianoukos, President, Arty's Restaurant, Inc. for issuance of additional shares of common stock as follows: Frank Gianoukos 100 Shares •••. 111 Thurston St. Somerville, MA 02143 John Gianoukos 111 Thurston St. 100 Shares Somerville, MA 021143 Nicholas Tsafoulias 22 Laurel Street 100 Shares Arlington, MA 02174 -6- These shares are in additon to the 100 shares originally issued to Arthur Gianoukos. Muzzey School Regarding preparation of a final draft of the Special Permit Special Per- for Muzzey School, Mr. Hutchinson reported that he and Chairman mit Politi had met with David Rogers of Palmer & Dodge on the matter. A copy of the draft has been sent to Kirk Noyes and his attorney, Robert Shafer, and their comments are being awaited. Mr. Hutchinson suggested that the Board vote special on the Permit on December 19. Mr. Hutchinson distributed the draft to the Board for any comments or questions members might have. Members were requested to transmit comments to the Manager within the next few days. Several related items were discussed with regard to their placement in instruments other than the Special Permit i.e. Charge to LexHab, Statement of Policy and Guidelines on Rentals. On points raised by Mrs. Smith, Planning Board Chairman, con- cerning the content of Guidelines on Rentals to be prepared by LexHab, Mr. Hutchinson will also confer with her during the coming week. It was agreed that a special meeting be scheduled for Tuesday, December 27, to serve as a back-up meeting in the event the Special Permit for Muzzey School is not finalized on December 19, as planned. Upon motion duly made and seconded, it was voted to adjourn at 9:16 p.m. A true copy, Attest: Respectfully submitted, mow' 47t: Marion H. Snow Executive Clerk vivo SELECTMEN'S MEETING DECEMBER 19, 1983 Pft A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, December 19, 1983, at 7:30 p.m. Chairman Politi, Mrs. Battin, Mr. Sacco, Mr, McLaughlin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Acting Executive Clerk, were present. Upon motion duly made and seconded, it was voted to sign the Intent to Intent to Lay Out the following streets: lay out streets SUBDIVISION STREETS CONSTRUCTION STREETS Battleview Circle Ellis Street Crest Circle Emerald Street Ingleside Road Norton Road Kitson Park Drive Tower Road Sunny Knoll Avenue Upon motion duly made and seconded, it was voted to approve the Common Vic. applications for renewal of Common Victualler licenses for the year Licenses 1984 as follows: r Brighams Dunkin Donuts 104 Gracie's Restaurant LeBellecour Restaurant Bel Canto Restaurant Howard Johnson's Upon motion duly made and seconded, it was voted to approve the Common Carr. applications for renewal of Common Carrier licenses for the year Licenses 1984 as follows: Boston Tours James H. McCarthy Limousine Service Dee Bus Service Upon motion duly made and seconded, it was voted to approve the Innkeepers application for renewal of Innkeepers License for the year 1984 for Licenses Catchpenny Chalet. Upon motion duly made and seconded, it was voted to approve the Class I Lic . application of Lawless Mawhinney Motors, Inc. for renewal of Class I license for the year 1984. Upon motion duly made and seconded, it was voted to approve the Water request of the Director of Public Works and Engineering for abatement abatement of ,water charges as follows: Town of Bedford $1,205.60 Estimate adjusted upon receipt of actual rah, t readings. Mr. McLaughlin reported on the Regillo/Kaplan Dog Hearing held Dog Hearing Regillo/ Kaplan -2- on December 14, regarding two dogs kept by Dr. Kaplan at 26 Laconia Street. The complaint by Dana Regillo states that the dogs are nuisances because of excessive barking. He said that though it is apparent from evidence given that the dogs do bark, Dr. Kaplan appears to be sensitized to the situation and is co- wow operating. He recommended that Dr. Kaplan be sent a warning that she must comply with the Leash Law and must ensure that her neighbors are not further subjected to the excessive barking of the dogs. Upon motion duly made and seconded, it was voted to accept Mr. McLaughlin's recommendations, on the Regillo/Kaplan Dog complaint, and to order as follows: That steps be taken to ensure that these dogs are not allowed to roam free in violation of the Leash Law and that neighbors are not subjected to their excessive barking. If it is found that these orders are not being complied with, the animals will be picked up by the Animal Control Officer and will be under the jurisdiction of the Leash Law Administrator. Dog Hearing Mr. Sacco recapped the December 14 Rappaport/Wardwell Dog Rappaport/ Hearing. The complaint by Robert Rappaport alleged that the dog Wardwell owned by Jeffrey Wardwell is a nuisance by reason of funning loose in violation of the Leash Law and that the dog is of a vicious disposition. In view of the evidence given at the hearing and the report of the Animal Control Officer, Mr. Sacco recommended that Jeffrey *mg Wardwell be ordered to keep the dog confined to his property at all times, or to restrain him by means of a leash when off the premises. Upon motion duly made and seconded, it was voted to accept Mr. Sacco's recommendations regarding the Rappaport/Wardwell dog complaint and to order as follows: That the dog is to be confined while on the Wardwell property by means of a dog run, tether or chain and must be restrained at all time while off the premises by a leash. If it is found that this order is not being complied with, the dog will be picked up by the Animal Control Officer and will be under the jurisdiction of the Leash Law Administrator. Minutes Upon motion duly made and seconded, it was voted to approve 11/14/83 the minutes of the Selectmen's Meeting of November 14, 1983, as corrected. USA Today Mr. Hutchinson reported on additional installations of USA Today newspaper vending stands and on complaints received. He noted that other publications have informed him of plans for similar installations, and requested authority to prepare proposed reg- ulations to govern the installation of newspaper vending stands. Mr. Hutchinson informed the Board of recommendations from the -3- Transportation Advisory Committee and the Department of Public Works Commuter Bus that the commuter bus stop be moved from its Worthen Road location to stop move the Center Playground parking lot for the winter season when the play- ground has a low level of use. This would help remove the problem of obstruction of parked cars on Worthen Road during snow storms. Commuters would park in the playground lot and, in the case of over- flow, on Worthen Road. They would be informed that parking in the Hayden Recreation Center lot will not be permitted. Mrs. Battin spoke in favor of the temporary relocation on behalf of the Center Revitalization Committee. Upon motion duly made and seconded, it was voted to authorize the Town Manager to proceed with relocation of the commuter bus stop from its Worthen Road location to the Center Playground lot, from January 1, to April 15, 1984. Mr. Hutchinson reported on progress with tenant selection for the Munroe Munroe School space. He recommended acceptance of the Arts/Lexington School proposal, as presented to the Board on December 5. Mass. Parent Teach- ers' Association and Cooperative Elder Services would sub-lease from Arts/Lexington, the lead tenant, with negotiations to be worked out. He noted that the Childrens' Center had declined the possibility of sub-let- ting two classrooms, and that he had not favored the proposal of the Moni- tored Study Center because of its commercial aspects and because they could not provide substantial background information. He recommended acceptance of Arts/Lexington with the understanding that they will work with the groups referenced for subleasing and asked that he and Town Counsel be instructed to work with Arts/Lexington on an appropriate lease, for the Board's further review. Upon motion duly made and seconded, it was voted to approve the proposal of Arts/Lexington for use of space in the Munroe School, and to authorize the Town Manager and Town Counsel to proceed with the drafting of an appropriate lease. The lease will be prepared by meid- or late January. Upon motion duly made and seconded, it was voted to hold an informa- VoTech tion session, as recommended by the Town Manager, on January 9 for review Conference of two hotel/conference center proposals received by Minuteman Regional Ctr. Vocational Technical School District. Dr. Fitzgerald and Mr. Robert Jackson will be asked to attend. Mr. Cohen outlined several changes made in the draft Special Permit Muzzey Schoc for the conversion of the Muzzey School . He noted that the Board of Selectmen can charge LexHAB to create guidelines for granting of waivers which, if in the Special Permit, might prove to be a deterrent to the developer when seeking financing. Mrs. Battin concurred and suggested wording for an amendment to the LexHAB Charge. Upon motion duly made and seconded, it was voted to amend the charge to the Lexington Housing Assistance Board by adding the following: -4- 5. LexHAB will establish guidelines for the granting of waivers in conformity with the Statement of Purpose in the Land Dispo- sition Agreement, subsection 2.1 (d) . LI101 Regarding the traffic concerns of residents of Russell Square and their request for widening of the roadway on the southeast side of the building to ensure the option of future 2-way entrance/exit, Mr. Cohen noted that the Selectmen cou, if deemed necessary in the future, amend that aspect of the Special Permit through the Public Hearing process. The residents of Russell Square had also requested a report on these matters from the Traffic Safety Advisory Committee. The December 14 memo from the Traffic Committee, containing its views on the traffic pattern, recommended allowing right hand turns only from the Muzzey Driveway nearest Russell Square, and prohibiting left hand turns. The Committee also recommended widening of the driveway for 2-way traffic. Motion was made and seconded to accept the recommendations of the Traffic Safety Advisory Committee. The motion did not carry, with Mrs. Battin and Mr. McLaughlin voting in the negative. Mr. Cohen went on to outline technical changes to the text of the permit. Regarding the Town's right of first refusal, Mrs. Rawls differenti- ated between the terms "right of first refusal" and "option to purchase" which she felt was what the Conversion Committee had intended and suggested that the Special Permit reflect this. Mr. Politi stated that the Board would like to see LexHAB accomp- lish that same end, functioning in a broker role. Mrs. Battin suggested amendment to the LexHAB Charge and moved that Item 4. be expanded as follows: temii 4. Assist in marketing units for resale and exercise the Town's right of first refusal. If first refusal approval is not ob- tained, LexHAB will act as the Town's representative in the repurchase of units and will serve as a broker in the resale of restricted units. Upon motion duly made and seconded, it was voted to amend the Charge to the Lexington Housing Assistance Board as proposed by Mrs . Battin. Upon motion duly made and seconded, it was voted 4 - 0 that the Board sign the Special Permit. Upon motion duly made and seconded, it was voted to adjourn at 9:20 p.m. A true record, Attest: Respectfully submitte , • Marion H. Snow Acting Executive Clerk