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HomeMy WebLinkAbout1984-04-BOS-min F J ri SELECTMEN'S MEETING April 2, 1984 r or~ r A regular meeting of the Board of Selectmen was held on Monday, April 2, 1984, in the Selectmen's Meeting Room at 7:00 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchin- son, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. Mrs. Battin informed the Board of a suggestion to adjourn the session TMMA Info of the Town Meeting scheduled for that evening immediately after convening meeting for the purpose of holding the TNIMA Information Meeting on the first 13 Articles, which had been cancelled on March 28 due to inclement weather. She asked the Board's view on thin procedure, which she proposed to present to Town Meeting. The majority of the Board was in support of the suggestion. Mr. Sacco was in favor of holding the Town Meeting as scheduled. Mrs. Battin will state the Selectmen's recommendation to Town Meeting 4/25 T.M. to reconvene on April 25, after the April 11 session, to allow for the session April school vacation and for the last two days of the observance of Pass- over. T e Chairman also noted, as stated in her memo to the Board dated Town Coun- pm 4/2/84 Mr. Cohen's advice on legal details of imposition of a moratorium sel on dev lopment, and the discretionary powers of the Board in granting liquor and amusement licenses, given in response to questions raised at the March 31 meeting. Mrs. Battin reported that Selectmen/Town Manager Act Review Committee Art. 8&ll members Homer Hagedorn and Dan Fenn have expressed a need for additional Sel/T.Mgr. time for review of the Selectmen's recommendations on proposed revisions to Act the Act, and have asked the Selectmen to request that Articles 8 and 11 be deferred for one week to allow for this. Upon motion duly made and seconded, it was voted that the Selectmen will not oppose, but will not initiate a request to Town Meeting for deferral of Articles 8 and 11. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting on January 23, 1984. Mr. Marshall and 1/23/84 Mr. Eddison abstained from voting. Upon motion duly made and seconded, it was voted to sign "Amendment #5, L.H.A. ConsoLLdated_ Annual Contribution Contract No.B-147l, as requested by the Contr. Lexington Housing Authority. Contract Upon motion duly made and seconded, it was voted to reappoint the firm Town Coun- of Palmer & Dodge as Lexington Town Counsel, under the requirements of sel appt. Article XXI, Sec.1 of the General By-laws. w••. -2- Exec.Clerk Upon motion duly made and seconded, it was voted to appoint Marion H. Appt. Snow as Executive Clerk of the Board of Selectmen for a term of office to expire on May 31, 1984. Landfill Upon motion duly made and seconded, it was voted to allow temporary •.w opening opening of the Hartwell Avenue Sanitary Landfill from April 4 to April 15, 8:00 a.m. to 5:00 p.m. , for the purpose of disposal by residents of brush resultant from tree damage during the March 28th snow storm. Potter Pond Mr. Hutchinson reviewed negotiations with Developers Boyd and Smith regarding condominium units at Potter Pond committed for use as low/moder- ate income housing, and two alternatives to their agreement with the Town, as outlined in a draft memo from him to the Board, dated 3/28/84. He recom- mended Planning Board review of any change in procedures contemplated. Option one would allow for sale by the developer of the 10 units at market price and return to the Town of the difference between the agreed- upon price to the Town and the actual sales price. After deduction of 10% carrying costs, this would result in $700,000 to be reserved for low/moder- ate income housing purposes elesewhere in Town and to be assigned to LexHAB or the Housing Authority. Option two would provide for sale at market price by the developer of a portion of the 10 units, with monies realized over the fixed price to the Town, used by the Town to purchase some of the remaining units. The develop- ers indicated that they would not be adverse to this as long as they were the non-profit agency that administered management of these units. Motion was made and seconded to support the Town Manager's recommenation that Option one be approved. The motion did not carry. Following discussion of various aspects of the options, Mr. McLaughlin proposed going forward with negotiation with the developers based on a .m.r draft motion under Article 10 to amend the 1979 agreement with Potter Pond to permit the Town to transfer its rights to purchase one or more of the units to the Developer in return for compensation approved by the Town Mana- ger and the Board of Selectmen. Mr. Hutchinson asked for a sense of direction from the Board,as to the concepts presented in the options. • It was agreed that decision would be deferred pending further explora- tion of other alternative procedures by Mr. McLaughlin, Mr. Marshall and the Town Manager. Article 13 Mr. Tonaszuck, Director of Public Works/Engineering, reviewed with the Board details of a proposal under Article 13 for improved sight distances at intersections. The proposal would provide a way to enforce removal of visual obstructions that materially impede traffic safety. There would be no Town-wide action to remove all shrubbery at intersections, but would involve a judgmental process on a case-by-case basis. Upon motion duly made and seconded, it was voted to support Article 13. March 28 Mr. Hutchinson noted a memo prepared by him at the request of Selectman snowstorm Marshall with respect of the March 28 storm activities and related perform- ance of Town employees. Upon motion duly made and seconded, it was voted to acknowledge the out- standing performance of Town employees during and after the March 28th snow storm and to request the Town Manager to express to them the appreciation of the Board. maw Selectmen's Meeting April 2, 1984 Lpima -3- Mr. Sacco reported on his conference with the Building Commissioner, Art. 5 whose view is that acceptance and implementation of the Automatic Sprinkler Auto. Law, as proposed under Article 5, would represent a conflict with the re- Sprinkler quirements of the Mass. Building Code. Investigation had revealed that Law sprinkler installation costs would amount to 75Q to $1.75 or higher per sq. ft. and therefore, Mr. Sacco questioned the length of the pay-back period re lower insurance premiums, previously stated. He considered the require- ment to be an unfair burden on the commercial community. Chief Bergeron, who was also present, again pointed out the effect- ' iveness of sprinklers as a deterrent to serious fires and noted that the 200 unsprinklered commercial buildings in Town represent a potential for a heavier than necessary work load for the Fire Department. Mrs. Battin asked if the Board wished to reconsider its position in support of Article 5. • Motion was made and seconded to table decision on the Board's posi- tion on Article 5, pending provisi,orl of additional information on installa- tion costs and further justification regarding safety and other benefits to be gained. The motion did not carry. Upon motion duly made and seconded, it was voted, 4 to 1, with Mr. Sacco voting in the negative, to reaffirm the Board's support of Article 5. In view of Mr. Sacco's stand on Article 5, the article, which was to have been presented by him, will be presented by Mr. McLaughlin. Upon motion duly made and seconded, it was voted to approve looping Hayes Lane oft of the water piping system at Hayes Lane to resolve water quality problems water at that location, as recommended by the Director of Public Works/Engineering, system The work will be done by Main Line Construction Company at a cost of $12,600 from funds under Article 47 of 1981, Water Mains Construction. Upon motion duly made and seconded, it was voted to approve the re- Memorial quest of the Lexington Lions Club for permission to install a memorial White Hat plaque listing all White Tricorne Hat recipients, in Belfry Park. winners Regarding the unanimous vote in support of Article 17, Height Re- Art. 17 striction in CBD, ,Mr. Sacco informed the Board that he had reconsidered his Height position on the proposal, and would prefer to keep his otions open rather Restr.CBD than taking a stand at this time. It was noted that Article 17 has the support of the majority of the Board, rather than unanimous support as pre- viously voted. Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m. 7/) A true record, Attest: W/(47//. J f\Z Marion H. Snow ° Executive Clerk SELECTMEN'S MEETING t; , APRIL 4, 1984 -4) A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Wednesday, April 4, 1984, at 7:00 p.m. Chair- man Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchin- son, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. Chairman Jean Gaudet and members of LexHAB were present to update the LexHAB Board on its progress. Mrs. Gaudet noted that two primary concerns of her Board were an amendment to the Land Disposition Agreement for Muzzey School relative to obtaining financing by the developer and the designation of LexHAB as Muzzey Administrator. David Rodgers of Palmer & Dodge explained the need for a mechanism within Amendment, { the proposed amendment to allow the Town to attempt to re-capture any of Land Disp. the restricted united which may be released from restrictions because of a Agreement mortgage default by the owner. Muzzey Mr. Rodgers outlined provisions of a proposed amendment, which would substittite a revised form of the Quitclaim Deed, add a requirement that the Developer grant mortgages on Restricted Units to the Town to secure certain notice requirements, and extend certain dates appearing in the Land Dis- position is- position Agreement as requested by the Developer. The Deed, as revised, would provide for subordination of the resale, income and rental restrict- ions to the rights of holders of first mortgages on condominium units " granted to institutional lenders. The provisions of the Deed, which is an exhibit to the Land Disposition Agreement, will ensure that the Town will receive notice of foreclosure under r such mortgages, and require the lender to offer to sell the note and mortgage to the Town prior to the foreclosure sale, and if the lender acquires the unit upon foreclosure or otherwise, to offer to sell the unit to the Town for a period of 30 days after the lender acquires the unit. Mr. Noyes and his Attorney, Mr. Shafer, were present. Mr. Shafer further explained the procedure by which the Town is given the opportunity to protect restricted units. If a bank schedules a foreclosure sale, the Town could, within five days before the bidding, exercise its rights to redeem before the foreclosure and be in a position of holding the mortgage. Parties of interest would be given 20 days notice. The procedure would protect the restricted units, but the Town or designee must be ready to buy out the Bank. Based on the discussion, it was agreed that the Second Amendment to the Land Disposition Agreement should be prepared for action by the Board during the next week. Upon motion duly made and seconded, it was voted to permit the developer access to the Muzzey Building for the purpose of removal of certain materials and objects such as lockers and excess furniture, prior to the scheduled start of construction. Mr. Noyes noted that he had requested amendment to the Land Disposition Agreement to provide for moving all dates forward 30 days, with the start of construction on May 30, rather than April 30, as now scheduled. -2- In response to Mrs. Gaudet's request for the entire list of app- licants for units, Mr. Noyes said he would prefer to keep his list in private hands, so as to avoid problems which might arise if the list became public. He agreed to provide names, 20 at a time, to the Board, when, as Muzzey Administrator, it is involved in the selection process. 14110 Upon motion duly made and seconded, it was voted to adjourn at 7:56 p.m. A true record, Attest: /24 ‘ Atiar .n . ' • Yr/ Executive Clerk mwo mai SELECTMEN'S MEETING /61 9, April 1984 p A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building on Monday, April 9, 1984, at 7:00 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr, Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town. Manager and Mrs. Snow, Executive Clerk, were present. Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's meeting on January 25, 1984. 1/25/84 Upon motion duly made and seconded, it was voted to approve the request Elks early of Lexington Lodge of Elks #2204, for early opening on Monday, April 16, opening 1984, at 9:00 a.m. , for the purpose of hosting visiting dignitaries prior to the Patriots Day parade. Upon motion duly made and seconded, it was voted to approve New Hamp- Treasurer shire Insurance Group Local Official Bond for James R. Kane, Town Treasurer, bond in the amount of $180,000.00. Upon motion duly made and seconded, it was voted to approve the Annual Fair Hous- Report on the Fair Housing Resolution, as adopted by the 1981 Annual Town ing '84 P.., Meeting, reporting progress in achieving fair housing objectives. The Re- Report port will be filed with the 1984 Town Meeting and submitted to the Massachu- setts Committee Against Discrimination. Mr. Hutchinson reported on the request of Versailles Restaurant for per- Versaille mission for outdoor service of meals through the summer season. He noted Restauran that permission had been granted to the restaurant in 1983 on an experimen- outside tal basis, and had met with positive results. This year, the owners are service requesting later closing hours from June 15 through September 15, to 11 p.m. ; opening prior to May 1 in warm weather; opening after September 30 during certain warm spells and reduction of rental fee to $100 per month. The Manager requested authorization to approve the request based on the agreement of last year, with no reduction in rent and the request for extension of hours permitted to be explored later. Upon motion duly made and seconded, it was voted to authorize the Town Manager to grant permission for outside service at Versailles Restaurant under the following conditions: . Furniture out no earlier than 11:00 a.m. and no party to be served after 9:00 p.m. . Four to five tables and umbrellas and 16 to 20 chairs . Serving of meals, coffee, dessert and alcoholic beverages. For every seat in the outdoor cafe, they must not use one in the dining room. . Subdued colors to be used . Tables and chairs must be set up so as not to obstruct pedestrian plem traffic . Rental cost of $150.00 per month. -2- ) Q471 I Transfer Upon motion duly made and seconded, it was voted to approve transfer to #5500 from the Reserve Fund to Account #5500, Snow Removal, in the amount of $13,000. Aro Kennedy Upon motion duly made and seconded, it was voted to approve the Town Sch.Program, Manager's application to attend the Program for Senior Executives in State Town Mgr. and Local Government at the Kennedy School from July 8 through July 27. Street, Upon motion duly made and seconded, it was voted to approve the award Drain,Sidew. of contract for street, drain and sidewalk construction at Grant Street(and constr.- easement) , Wellington Lane; Meadow Brook Avenue; Garfield Street; Spencer J.Tropeano Street, to the lowest bidder, J. Tropeano, Inc. 43 Vine Street, Andover, MA, in the amount of $299,607.75, as authorized under Article 31 of 1983 and Article 40 of 1983. Street In the light of financial implications of the proposed acquisition of Acceptances the Pine Meadow Golf Course, Mr. Hutchinson asked for a sense of direction regarding street acceptances, noting that the Board had decided to carry Sunny Knoll Avenue and that question of carrying a portion of Emerald Street had not been resolved. It was agreed that Sunny Knoll should be kept in as a discretionary item and that option will be kept open on Emerald Street, pedning the April 10 meeting with the Conservation Commission for further discussion of the Pine Meadow proposal, and with the Finance Committees on April 23. Executive Upon motion duly made and seconded, it was voted 5 - 0 by roll call Session vote, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, with the concurrence of the Town Manager, to go into Executive Session for mod discussion of matters of possible litigation, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 7:55 pm A true record, Attest: , Marion H. Snow Executive Clerk mei 0 SELECTMEN'S MEETING pm. April 10, 1984 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, April 10, 1984 at 7:00 p.m. Chairman Bat t in, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Edd i son; Mr. Hutchinson, Town Manager; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were pre- sent. re- sent. Also in attendance were Chairman Williams and Conservation Comm- issioners Mrs. Frick, MT. Smith and Mr. Price. Mk. Williams gave an overview of the Conservation Commission's pro- Art. 59 Pine posal under Article 59, for acquisition of the Pine Meadows Golf Course, Meadow proposal at a cost of $1,850,000. He noted that active negotiations which have been ongoing for 5 t❑ 7 years with the owners, have finally come to fruition this year. A list of questions which had been raised by the Selectmen in previous discussions of the proposal were reviewed and answered by Mr. Williams as follows: Appraisal - Where is it? A verbal appraisal, on which negotiations had been based had been received in November, 1983._ A written confirma- tion of that appraisal was distributed later in the evening. Would general purpose restriction vs. conservation restriction affect this agreement? Mr. Williams reported that as a conservation ■r purchase, the cost of the wetland portion of the tract could be subject { to government reimbursement, which would not be the case if bought for general Town purposes. He said that it would be of no concern to the seller but that it would matter to the Town financially. Zoning - How many lots can be developed on the property? The property is zoned RS, residential lots of 15,500 sq. f t. Excluding the wetlands which comprise 40% of the land, 120 to 130 lots could be developed. Access could be provided over privately owned land at Oxbow Road to the dry portion with no problem. How much land for conservation/recreation is owned by the Town in this area? Where does it fit into the Master Plan? Mt. Williams res- ponded that approximately 150 acres for Conservation purposes are located in that part of Town. Of that acreage, 110-120 acres are located north of Rte. 128. He added that all golf courses and working farms have always been included in the commission's Master Plan for Acquisition, along with other specific parcels. What is the assessed value of the property? The assessed value of the 3 parcels involved is $940,000. FY '84 taxes were assessed at $26,000, but under Open Space and Recreation exemptions, Ch. 6lB, are down to $8,000 How much of this land is wetlands? Wetlands comprise 40% of the site. What are the implications relating to Cedar Street? Mr. Williams pointed out that Cedar Street is only 18 feet wide in places and that widening would involve significant land taking. -2- What is the cost of ten year vs. five year financing? The Town Manager reviewed with those present a debt service schedule developed by him showing the financial impact and implications for each bonding period. Both 5 - and 10-year bonding would impose $350,000 on the '84 tax levy, with payments of $550,000/year for the five year bonding and $350,000/year mmo for ten years. Does this compromise commitment to affordable housing? Mr. Smith said he felt that it was not an option since the .owners would be unwilling to sell the land for such use and unless rezoning was asked, the Town would have no leverage to require any moderate income housing. What are the specific rights of the Golf Course. owners? Mr. Smith noted that agreements are still being drawn up under which the owners would continue the use as a golf course under a 50-year lease arrangement, with payment of rent in lieu of taxes of $8,000/year. After the expirationof the 50- year lease, the owners are requesting right of first refusal. The owners would also have the option within 10 years for expansion of the 9-hole course into 18-holes on 6.2 acre contiguous parcel, with the approval of the Selectmen, Planning Board and Conservation Commission. What is the likelihood of reimbursement? Mr. Smith pointed out U.D.A.G. as a possible source of funding under the Urban Self Help Program. There are State funds in the amount of $5,500,000 available and the Commission will apply for reimbursement. He noted the Commission's history of success in such efforts, but that the track record of the Town is always questioned by the State. Chairman Clough, School Committee, expressed his real concerns regarding the impact of financing the land purchase on school funding over the long haul. He forsees a crunch for the school system in 1988, as in other Towns dealing with Prop. 2 1/2. It was noted that the School Committee had limited control over use of the Meagherville site since it had been taken for school Imo and other Town purposes. With regard to financial impact on the school system, Mr. Smith pointed out that there would be considerable impact if the land were developed residentially, with an additional 200 or more students to be absorbed. Regarding the financial picture, Mr. Hutchinson noted that the purchase could be handled this year, but referred to its effects on economic growth in 1986. In answer to question on traffic generated on access roads of a golf course vs. residential development of 120 houses, Mr. Price estimated a 60 - 65% increase in traffic for an 18-hole course as opposed to a 9-hole course. Mr. Bowyer, Planning Board, referred to a housing memo and the projection for approximately 700 trips/day generated by an 18-hole golf course and 1,100 trips/day generated by a 120 house subdivision. James Beck, School Comm. ; also referred to the potential impact of the purchase on the school system. He noted that Prop. 2 1/2 was intended to cap government spending on day-to-day expenses and felt that funds for extra- ordinary expendes should be raised in an extraordinary way and urged that the Selectmen explore every option regarding financial arrangements. Mr. Sacco compared the $780,000 income to the Town from residential development with the $8,000 payment in lieu of taxes proposed, and noted that an actual projection of costs for additional town services in conjunc - tion onjunc - tion with housing has not been made. -3- Selectmen's Meeting April 10, 1984 Mrs. Smith, Planning Board Chairman, voiced that Board's support of Article 59, noting that access roads are their only major concern. In response to Mr. Eddison, Mr. Smith said that although the Conserva- tion Commission has not seen an actual offer by developers of $2,500,000 for the land, he is sure that the offer has been made and according to the appraiser, would not be unreasonable. William Dailey, Chairman of the Appropriation Committee, stated the support of his committee for Article 59 and asked the Selectmen's and Con- servation Commission's reaction to his proposal for bringing it up prior to financial articles. Mr. Marshall raised a question as to whether the owners would actually elect to expand to 18 holes. He expressed interest in development within the structure of the agreement that would allow the Town the alternative to construct affordable housing on the 6.2 acre contiguous'parcel. He will confer with Commissioner Smith for his judgement as to whether pressing that aspect with the owners would jeopardize negotiations. Mrs. Battin, Mr. Eddison and Mr. Marshall reached decision in support of the proposal, with methods of financing still to be explored. Mr. Sacco and Mr. McLaughlin both indicated that they still had ques- tions as to their support. Mr. Marshall was in favor of bonding over a 20-year period, rather than 5- or 10-, and felt that long term funding was appropriate for purchase of an asset on a 50-year basis. Mr. Hutchinson could see merit in the 10-year bonding but opposed the longer bonding period because it could lead the Town to a less creditable Pont financial situation. Following further discussion of short- and long-term financing, the Board reached consensus in favor of the 10-year bonding period. Mr. McLaughlin added that he would like to see a 20-year schedule developed for comparison. The issue of a referendum to exclude the purchase expense from the limita- tions of Proposition 2 1/2 was discussed with respect to procedural and time elements. It was agreed by Mrs. Battin, Mr. Marshall and Mr. Eddison that such a referendum on extraordinary expense, possibly in a form not singling out a single item, should be anticipated for a future year and not at this time. Upon motion duly made and seconded, it was voted to recommend 10-year bond- ing in discussion of the proposal with the Appropriation Committee, and to take that position if the Board votes to support acquisition. Upon motion duly made and seconded, it was voted 3 - 0 by a majority of the Board, with Mr. Sacco and Mr. McLaughlin abstaining, to support the acquisition of the Pine Meadows Golf Course to be financed by 10-year bonding. Mr. Hutchinson reported on Ms. Adler's research as to opening of lots for development if Emerald Street were to be constructed as a cul-de-sac. One Street 18,000 sq. ft. lot, in which the Housing Authority has expressed interest AcceptanceE for scattered site housing, could become developable. He noted that a lot on Emerald Edna Street may be buildable depending upon whether it is "grandfathered" and Sunny two additional Emerald Street lots near Asbury Street may be considered build- Knoll Av( able following final determination, without further street construction. Regarding the 27,000 sq. f t. site on Bellflower, there appears to be no prac- tical way to subdivide. -4- Selectmen's Meeting April 10, 1984 Emerald St. Upon motion duly made and seconded, it was voted to support construction of a portion of Emerald Street, with cul-de-sac design,,at a cost of $56,000. maw SunnyKnoll Upon motion duly made and seconded, it was voted to reaffirm support of Ave. the acceptance of Sunny Knoll Avenue. Sewer User Mr. Hutchinson referred to the January 26 memo from Mr. Tonasz ck, inform- Fee ing him of approval by the Mass. Division of Water Pollution Control of the Sewer User Charge System for recovering the cost of operating and #maintain- ing the Lexington sewerage system defined in Lexington's proposal satisfies all federal and state grant agreement requirements. Mr. Hutchinson noted that the Mass. D.W.C. now requests a vote of the Board adopting the Sewer User Charge System and a Fee Rate and recommended that action be taken now at a point when a comparatively low user fee is possible, noting the prObability of future increases in MDC water rates by 20%. Mr. Sacco pointed out that the user fee, based on consumption of water will significantly impact commercial users. Mr. Hutchinson noted the possi- bility of adjusted rates in some cases. The Town Manager said that user fee income would be used for maintenance of the Town sewer system and related uses only. This would lessen the demand on free cash, since such expenses would no longer be tied to the tax levy. He recommended adoption of the sewer use charge system, with a gradual increase in rate to compensate for expected increased MDC water charges. Upon motion duly made and seconded, it was voted to institute 4 Sewer User Fee system, with rates to be set at 43 /h.f.c. of water consumptiozi. A public hearing on Sewer Use Charge Regulations will be scheduled by the Town Manager after the completion of Town Meeting. vow Upon motion duly made and seconded, it was voted to adjourn atA_0:26 p.m. A true record, Attest: 11 ':\ 7/) /A //t fa/g'0/ /i6 Marion H. Sno Executive Clerk 5 SELECTMEN'S MEETING "" April 11, 1984 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Wednesday, April 11, 1984, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. Mr. Hutchinson requested authority to return the Commuter Bus Commuter Bus Stop to its original location at the Town Pool lot at Worthen Road. Stop He noted that as in the past, parking will be available in the lot, with overflow parking along both sides of Worthen Road, from the lot entrance toward Waltham Street. He pointed out that residents of the Battle Green Apartments will probably again be voicing complaints about the impact of commuter related parking, and that he is exploring alterntative parking areas such as St. Brigid' s lot and the Elks building ov ' altam Street. The Board concurred with the moving of the bus stop and agreed that the Town Manager should continue in his efforts to establish appropriate alternative parking areas for commuter parking. Mr. Hutchinson reported that he had completed selection of the LexHAB first 21 tenants of the Muzzey Condominiums, and requested designation Muzzey Admin. by the Board of LexHAB as the Muzzey Administrator. Upon motion duly made and seconded, it was voted to designate the T Lexington Housing Assistance Board as Muzzey Administrator, pursuant to the terms of the Land Disposition Agreement, dated October 31, 1983, between the Town of Lexington and Sydney Noyes Anderson, Inc. The Town Manager informed the Board that LexHAB will be seeking direction from the Board on other issues in the near future. Mr. Cohen reported on the favorable outcome of legal action brought Legal Action against the Town in two instances: The McSweeney vs. the Town Clerk case and the suit of Police Officers for overtime pay while attending the Police Academy. Upon motion duly made and seconded, it was voted to adjourn at 7:45 p.m. A true record, Attest: 444)2/62 ( 1141( Marion H. Snow c ' Executive Clerk f SELECTMEN'S MEETING rm.( ei April 23, 1984 nO(k A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room, Town Office Building, on Monday, April 23, 1984 at 7: 30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. Chairman Battin opened a public hearing on the application of Gasoline Charles Ford for Shell Oil Company, for permission for removal and in- Hearing, stallation of underground gasoline storage tanks at the Shell Service Shell Oil Station, 46 Bedford Street. Charles Ford, and proprietor William Piper were present to explain the proposal for removal of existing tanks and installation of fiber- glass iber- glass tanks, with increased storage capacity, at the premises. Mr. Ford outlined monitoring procedures in the case of leakage and pointed out that expansion of storage capacity would result in fewer deliveries to the station, now on an average of 5 per week. The Chairman noted that favorable recommendations had been received from Fire Chief Bergeron, Clifford Prentiss, Conservation Director, who noted that the high water table in the area should be addressed; Building Commissioner DiMatteo; and Health Director, George A. Smith. Mr. Smith, in his comments noted a requirement for compliance with regulations on Tank Venting; and advised that a contingency plan for spill containment Pam should be considered. Mr. Ford will confer with Mr. Smith regarding details of the contingency plan. Upon motion duly made and seconded, it was voted to approve the app- lication of Shell Oil Company for permission and license to remove one 6,000 gallon, two 5,000 gallon, one 4,000 gallon and one 3,000 gallon on the premises of the Shell Service Station at 46 Bedford Street, and to install three 10,000 gallon underground gasoline storage tanks with a total capacity of 30,000 gallons. Total underground storage capacity permitted, including one 500 gallon tank of fuel oil and one 500 gallon tank of waste oil is 31,000 gallons. Permission is granted subject to development of a contingency plan for spill containment, as recommended by the Director of Public Health. Senator Richard Kraus was present for discussion with the Board of pro- Sen.Kraus posed 1984 legislative action. The Board had indicated an interest in the following: Reinstatement of Binding Arbitration; MassBank and its potential benefits for local government; proposed Sewer and Water Authority; and Future Local Aid. The Senator stated his position in opposition to Reinstatement of Bind- Binding ing Arbitration as a procedure which would diminish the authority of local Arbitration officials. Mr. Hutchinson noted the Town's consistent position in opposition to the legislation and the financial difficulties which would be encountered under Proposition 2 1/2 with this procedure for settlement of contract dis- ovoli putes. He pointed out the unanimous opposition of the Massachusetts Munici- pal Association to the measure. Senator Kraus concurred that such decisions should be made at the local level and saw no convincing case for reinstate- ment. -2- MassBank The Senator was asked about the benefits to communities of MassBank, A financial plan proposed by Governor Dukakis as a means to fund major repairs on state roads, bridges and sewers. MassBank will be accessible to all communities for long-term construction loans. Mr. Hutchinson pointed out a feature that would allow commitment for a period of several years of Ch. 90 funds for infrastructure maintenance without a wait byiNure towns each year for appropriation of Ch. 90 funds. He concurred with the Massachusetts Municipal Association endorsement that the concept was a good one. Senator Kraus noted some opposition to the plan as it proposed increased corporate taxes. The Board will be provided with the specific language of the legislation. Local Aid School Committee members Patricia Swanson, Florence Koplow and Paul Newman were present for discussion of Future Local Aid Formula with respect to assistance to local school districts. Senator Kraus noted his opinion that recent efforts to earmark funds for state-mandated programs would not be successful, since earmarking would depend on the availability of additional funds which would mean increased taxes. He does not feel the new funding will be available, and foresees a "stand-off" because of the lack of an app- ropriate mechanism to implement the new programs. The Senator was urged by School Committee members to oppose any mea- sures which would remove the local committees' authority over school policies and programs. Sewer & Mr. Hutchinson referred to the proposal for formation of a Metropolitan Water Auth. Water Resources Authority to take over control of the water and sewer division of the M.D.C. as part of the Governor's plan for reorganization of the Comm- ission. M.D.C. would retain responsibility for regional parks, beaches, reservations and roads. Formation of the Authority is supported by the Mass. Municipal Association which favors representation of Towns, rather rot than appointments by the Governor to membership on the Authority. The Town Manager strongly concurred with the Mass. Municipal Assoc. views. Prop. Two Senator Kraus again presented his proposed tax reform plan, as dis- cussed with the Selectmen on January 17, 1984, and requested the Board's support of the measure. The Senator said he was now attempting to get a sense as to general acceptance of the plan and whether his continued efforts toward its passage are warranted. He requested presentation by the Selectmen to Town Meeting of a "Resolution in Support of Proposition Two." There was general agreement in favor of the direction of the plan, but before decision on support is arrived at, a meeting with major boards will be scheduled for review and further discussion. Senator Kraus was asked to return on April 30, and the Planning Board, Finance Committees, Town Mod- erator and the TMMA will also be invited to attend. Hanscom Members of the Hanscom Field Advisory Commission William Johansen and Field Alan Lazarus, Joyce Hals of Massport and Judy Uhrig, Lexington Planning Board and H.A.T.S. Representative, were present for discussion of questions relating to the impact of increased commuter operations at Hanscom and for report on the Business Plan for Hanscom Field. s -3- Selectmen's Meeting April 23, 1984 Mrs. Hals, with reference to the Business Plan, outlined future plans to attract new business to Hanscom and to stimulate flight activity, but noted no rapid growth as yet in operations and no definitive plans for hangar construction. She spoke of plans for a 94th Aero Squadron Rest- aurant at the Field. As pledged by Massport in 1978, noise levels have been monitored since that time and a computer system is continuing to gather data on noise generated by flight activity. Mr. Johansen, in response to concerns stated relative to environ- mental aspects and automobile traffic generated by commuter airline activity, assured the Board that the Commission gives much thought to these matters in addition to other considerations. He went on to explain that although in the past two years, environmental notification forms have been filed by eight commuter airlines for operation at Hanscom, only one of these is actually in operation at the Field at this time. He informed the Board that the Air Force show and open house will not be held this year. He added that there is not much to report because not much is happening at Hanscom. Mr. Lazarus pointed out that computerized noise monitoring systems and data evaluated by Massport show, in an interim report, a slight de- crease in the noise levels projected in a 1978 Massport report and that the overall number of operations has declined slightly from 1982 levels. Mrs. Hals said she felt that the Busines Plan had addressed all the concerns which had been raised by the Slectmen and the MAPC repre- sentative epre- sentative and will see that copies of the Plan are provided to the Board. The Chairman thanked the Commissioners and Mrs. Hals and Mrs. Uhrig for their cooperation and responsiveness and they retired from the meeting. Jean Gaudet, Chairman of LexHAB, presented to the Board for its app- LexHAB royal a document entitled: "Guidelines for Waiver of Restrictions" estab- Guidelines lished in conformity with the Statement of Purpose in the land Disposition for Waiver Agreement for Muzzey School, Subsection 2.1 (d) . of Restr. The document, as approved by LexHAB on April 23, had been reviewed and approved by David Rodgers of Palmer & Dodge, and Mrs. Gaudet noted that approval at this time would expedite matters for the developer in his dealings with the bank on conveyance of the building. Upon motion duly made and seconded, it was voted to approve "Guide- lines for Waiver of Restrictions" establishing guidelines for the granting of waivers as follows: In the matter of the Muzzey Junior High School conversion to affordable housing and a senior center, the Muzzey Administrator, on behalf of the Town of Lexington, is empowered to waive the right to enforce the restrictions on resale, income, and rental set forth in the Land Disposition Agreement and Quitclaim Deed. As Muzzey Administrator, the Lexington Housing Assistance Board (LexHAB) sets forth the following guidelines for the granting of waivers: I. The primary purpose of providing affordable housing in Lexington must be met. '""'"' 2. Waivers may be granted if this purpose is enhanced through alternate ownership of the unit, such as by a non-profit corporation. -4- 3. 4-3. Waivers may be granted if this purpose is enhanced through exchange of the unit for an alternate site for affordable housing in Lexington. 4. Waivers may be granted if the restrictions set forth err in the Land Disposition Agreement and Quitclaim Deed inhibit the provision of or continuation of affordable housing in any specific instance. 5. Determination with respect to waiver of any re- striction in accordance with the foregoing in any instance shall be made by the Lexington Housing Assistance Board, subject to approval by the Lexington Board of Selectmen. Minutes Upon motion duly made and seconded, it was voted to approve minutes 1/28/84 of the Selectmen' s meeting on January 28, 1984. Memorial Upon motion duly made and seconded, it was voted to approve the Plaque request of Town employees for permission to install a plaque on a tree B. Casey located on the grounds of the Town Hall, in memory of Beatrice M. Casey, Executive Clerk of the Board of Selectmen. Transp. Adv. The Chairman noted the request of the Transportation Advisory Committee Comm. for expansion of its membership in order to allow for appointment of Lilli Silvera. Mr. Eddison, Selectman liaison to the Committee, questioned the fact that the length of term of office was not specified in this case and suggested appointment of the individual nominated be considered on the basis moo of attrition. He recommended against the requests` at this time. Upon motion duly made and seconded, it was voted to table the requests of the Transportation Advisory Committee for expansion of its membership and for appointment of an additional member, pending further discussion of procedures for appointments to committees by the Board. A meeting with the Transportation Advisory Committee regarding its request will be scheduled. '85 The Town Manager updated the Board on the financial picture and reviewed Budget & the FY '85 Budget and Tax Rate as of April 23, 1984. With reference to the Article levy limit of $551, 635, his 4/23 financial data sheet showed a figure of requests $176,312 under the levy limit. Appr.Comm. William Dailey, Chairman of the Appropriation Committee and Daniel Cap.Exp. McCabe, Chairman of the Capital Expenditures Committee, were present for Comm. review of budget items and financial articles on which the recommendations of the Finance Committees were at variance with the Selectmen/Town Manager requests. Regarding Article 59, Conservation purchase of Pine Meadows Golf Course, Mr. Dailey stated that Appropriation Committee's position in support is based on financing by 5-year bonding. The Committee would recommend against the proposal under any other financial arrangement. He noted the effect the outcome of the proposal would have on other financial articles and for that reason stated the Appropriation Committee's recommendation for early presentation of Article 59. He suggested that it be the first item considered. -5- Mrs. Batt in noted that the majority of the Board of Selectmen are in support of the acquisition, provided it is financed under a 10-year bonding. It was agreed that the Board will recommend to the Conservation Commission that Article 59 be presented to Town Meeting as the first fi- nancial item to be considered. Mr. Dailey reitereated that his Committee cannot support the proposal on the basis of 10 year bonding and noted that the School Committee's recommendations in favor of referendum would be vehemently opposed. The Selectmen reaffirmed their stand which opposes holding a referendum this year. Mr. Hutchinson voiced his opposition to cuts in other budget items in order to accommodate the 5-year bonding plan. Mr. McCabe stated the Capital Expenditures Committee's reversal in position on Article 59, which will now be unanimously opposed. The following items, including the amounts requested and recommendations of the Financial Committees, were reviewed and the areas of difference on each, discussed. Personal Services Acct. 4950 - DPW Management and Staff Expenses Acct. 3800 - Police Expenses 4150 -- Fire Expenses 5250 - Town Buildings Maintenance Expenses ,r,.m 5450 - Road Machinery Expenses 5700 - Sewer & Water Maintenance Expenses 7 550 -- Library Expenses 8525 - Tax & Bond Anticipation Loans Articles Article 27 - Salary Adjustments and Collective Bargaining Settlements Article 41 - Sanitary Sewers Article 43 -- Public Works Equipment Article 45 - Street Construction & Landtaking, Hancock Street Article 46 - Street Acceptance & Construction Article 51 - Fire Department - Alarm Registers & Radio Equipment Article 53 - Town Computer System Article 54 -- Telephone System Article 60 - Lincoln Street Article 64 -- Housing -- Morrow Crossing Units Upon motion duly made and seconded, it was voted, to approve Extra Extra Work Work Order #1, Contract #84-1-E- Highway Paving Resurfacing, in the amount Order #1 of $58, 500, for resurfacing work on Waltham Street between Concord Avenue Contr.84-1-E and the Town line. Upon motion duly made and seconded, it was voted to sign the Memorandum Ch.90 Funds of Agreement to authorize use by the Town of Chapter 90 funds, in the amount of $107 ,951.00, for construction, reconstruction and improvement of high- ... ways, as requested by Walter J. Tonaszuck, Director of Public Works and Engineering. -6- Sewer Mr. Hutchinson noted that the Town' s application for a State grant for grant installation of sewers has been denied, and therefore he recommended with- application drawal of Article 41 requesting matching funds. He also noted that it appears that the Stabilization Fund will not be needed this year and recomm- ended withdrawal of Article 34. Articles Upon motion duly made and seconded, it was voted to approve the recommen- 34 & 41 dation of the Town Manager that Article 41, Sanitary Sewers, and Article 34, withdrawn Stabilization Fund, be withdrawn. Muzzey Adm. The document prepared by Town Counsel, designating LexHAB as Muzzey LexHAB administrator, as voted at the meeting on April 11, was signed by the Board. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record, Attest: //74a/Vh ef&i Marion H. Snow Executive Clerk .m1 wow ort), SELECTMEN'S MEETING r'.. it April 25, 1984 74" A meeting of the Board of Selectmen was held in-the Selectmen's Meeting Room, Town Office Building, on Wednesday, April 25, 1984, at 7:00 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager, Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. Mrs. Smith, Chairman of the Planning Board, was also in_attendance. Representatives of Beal & Company, Inc. , W. R. Grace Company and Art. 18 Honeywell were present for discussion of Article 18, Floor Area Ratio in FAR, CD zone CR District. Mr. Barkan, on behalf of Beal and Company, presented a com- promise plan which would amend the floor area ratio (FAR) proposed from .25, which would represent a 66% reduction in floor area, to .35, which would mean a 53% reduction of floor area in any future development. Attorney Mario Fabaritto, representing W. R. Grace Company, asked for the Board's support of this amendment. He noted W. R. Grace plans for expansion, which were given approval by the Board of Appeals at the time of the original Special Permit for the facility which he felt would be pre- cluded or severly limited by this requirem. He felt that insufficient opp- ortunity had been given to South Lexington businesses for dialog and input during the early stages of the proposal. He noted that the basis for the Planning Board proposal for regulation of South Lexington commercial development was traffic congestion in that area, based on a study compiled from data which had been gathered for studies done for other purposes. He felt that firm data to justify the Planning Board's projections is lacking and that the proposal for .35 (FAR) would not result in congestion beyond what can be handled. He requested that compromise be made so as to allow the Grace Company to implement its Master Development Plan, as approved by the Board of Appeals in 1974. Mrs. Smith said the Planning Board had considered the .35 ratio, but had determined that it would allow for too much development. She added that her Board is in sympathy with W. R. Grace Master Plan procedures, and suggested that through the rezoning process, the long range plan could be implemented under C D zone requirements. Mr. Lambie, South Lexington Association, pointed out that the implica- tions of the .35 ratio would be markedly more intense. He favored the Article as written, as a means to prevent traffic problems that now exist in North Lexington. Mr. Fabaritto responded that to have to go through the rezoning process to achieve the long range development plans of the Grace Company would be cumbersome and would impose an unfair burden on his firm. Mrs. Battin polled the members as to their positions on the compromise ratio suggested, and Mrs. Battin, Mr. Eddison were in support the Planning Board's proposed 0.25 FAR. Mr. Sacco was in favor of the amendment to allow 0.35 FAR as a compro-- P"" mise to the Planning Boards proposal. Mr. Marshall said he preferred to wait with his decision pending further . -2- 5 input on traffic data for the 0.35 FAR as compared with 0.25. Mr. McLaughlin also saw the need for additional traffic figures as well as further information on revenue to the Town under both requirements. .,,.,d He felt that there was a commitment to firms which have received Town approval of their long range development plans. Mr. Eddison felt that the .35 ratio would result in severe traffic impact and pointed out the potential for expansion of existing facilities in the area. He noted that the .25 ratio figure could be adjusted if f oun1 to be too restrictive, but that the .35 if adopted, would be irreversible. Upon motion duly made and seconded, it was voted to adjourn at 7:35p.m. A true record, Attest: l, Cvi ah,eihni, i kW-A) M i on H. S o r Executive Clerk ■■I SELECTMEN'S MEETING w �r April 30, 1984 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Monday, April 30, 1984, at 6: 45 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. Mr. Marshall arr- ived after the meeting had convened. Upon motion duly made and seconded, it was voted to execute the Con- Contract tract for Street, Drain and Sidewalk Construction, in the amount of Street,Drain $299,607.76, which the Board had voted to award to J. Tropeano, Inc. Sidewalk on April 9, 1984. Constr. Upon motion duly made and seconded, it was voted to approve trans- Transfer fers of funds from Article 21 to Acct. #3770, Police Personal Services, Art 21 in the amount of $7,000, and to Acct. #3760, Police Personal Services, in the amount of $5,000. It was noted that these requests were made necessary for additional overtime pay, due to increased Court duty at Operating under the Influence Trials. The Town Manager reported on water problems at Farmcrest Avenue and Farmcrest r.. Westminster Avenue. He acknowledged receipt of a petition from Farmcrest Westminster Avenue residents regarding continued problems with rust and sediment in Water system water. Mr. Tonaszuck told of periodic scouring of the lines, which has proven to be not entirely effective, since the lines are tuberculated. Regarding Westminster Avenue, from Haskell Street to the Arlington line, continued efforts could be made to scour, but on Farmcrest, from Kendall Road, the problem is so severe that water can not be made clear despite frequent flushing. It was noted that both these locations had been iden- tified den-- tified in the Preliminary Water Study for replacement of lines. Mx. Hutchinson asked the Board's approval for removal and replacement of the lines at an estimated cost of $75,000 for both Farmcrest and West- minster est- minster Avenue. Mr. Hutchinson recommended that this amount be added to the budget request under Water Article 36. Upon motion duly made and seconded, it was voted to approve removal and replacement of sewer lines at Farmcrest Avenue, from Kendall Road, and at Westminster Avenue, from Haskell Road to the Arlington line, as rec- ommended by the Town Manager. Mr. Hutchinson reported on the need for a supplemental appropriation Appropriatio for Legal Fees, due to heavy expenses involved in cases of long standing. for Legal He noted that the Town plans to sue for legal fees, in the amount of $50,000 Fees with respect to the Hall/Corr case, but pointed out other major cases and on- going matters which have resulted in legal expenses beyond the FY '84 appropriation. wna -2- He recommended that a motion be made under Article 25 for a supp- lemental appropriation from overlay surplus in the amount of $125,000 for these extraordinary legal expenses. Mr. Cohen will confer with the Finance Committee on this matter. Upon motion duly made and seconded, it was voted to request the Town Meeting for a supplemental appropriation from overlay surplus for Legal Fees in the amount of $125,000. Order,Water Upon motion duly made and seconded, it was voted to sign an Order Taking of Water Taking for Hayes Lane for installation of a water main from ex- Hayes La. isting water main 290' + northerly to existing water main, as approved by vote of the Board at its meeting on April 2, 1984. Muzzey Mr. Hutchinson asked approval of amendments to the Land Disposition L.D.A. Agreement for the Muzzey School as discussed on April 4, regarding rights of the first mortgagee with respect to foreclosure. The proposed amend- ments would provide assurance to lenders that their money can be retrieved, as well as protection of the Town's right of first refusal_regarding fore- closed units. Bill Hays, LexHAB, spoke in favor of the wofding and features of the amendments, but said that it would not address the issue of units beyond the original ten that the Town may acquire. LexHAB should have a right to acquire units that may be foreclosed and be protected by a borrower of funds. He recommended further amendment to clarify that aspect. Upon motion duly made and seconded, it was voted to approve the amend- ment to the Land Disposition Agreement for Muzzey School subject oto clar- ification by Town Counsel on the issue regarding the intent that additional units may, in the future, be acquired by the Town, and that reference be made to this issue within the document. Approp.Comm. Mr. Dailey, Chairman of the Appropriation Committee, and Mr. McCabe, Cap.Exp.Comm, Chairman of the Capital Expenditues Committee, were present. Mts. Battin noted that the Board had voted earlier in the evening to request $125,000 from overlay surplus for Legal Fees, and $75,000 under Article 36, for replacement of water lines. Mr. Hutchinson asked for the support of the Finance Committees on both these requests. Mr. Dailey and Mr. McCabe expressed the support of their committees on the requests for financing these emergency issues. Gen'l Rev. Upon motion duly made and seconded, it was voted to adjourn at 7:35 to Sharing Cary Memorial Hall to conduct the legally advertised Public Hearing on Public General Revenue Sharing Funds. Hearing Mrs. Battin opened the Public Budget Hearing on General Revenue Sharing Funds at 7:45 p.m. , in Cary Memorial Hall. She explained that the purpose of the hearing was to discuss the use of such funds in relation to the entire Fiscal Year 1985 Budget and receive citizen input on these proposals. She noted that in addition to newspaper publication, the Human Services Committee and all aging-related groups had been notified of the hearing. r -3- Selectmen s Meeting April 30, 1984 Mrs. Battin stated that in the proposed budget, as of April 9, 1984, F"""" under "Use of Available Cash" , $490,000 of General Revenue Sharing Funds are proposed to be appropriated as follows: 1. Council on Aging-Expenses $34,900 2. Council on Aging-Personal Services 18 ,437 3. Community Services 52,064 4. Street Lights 38 4,599 No one speaking in favor or in opposition, the hearing was declared closed at 7:49 p.m. A true record, Attest: (-74oyiul ;17' µ .. Ma ion H. Snow { '` Executive Clerk