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HomeMy WebLinkAbout1984-05-BOS-minSELECTMEN'S MEETING May 2, 1984 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town off ice Building on Wednesday, May 2 , 1984, at 7:30 p . m. Chairman Battin, Mr. Mr. McLaughlin, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr.. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs . - Snow, Executive C 1 erk,. were present. Mr. Hutchinson reported on a meeting . of David Rodgers with Robert Shafer, Attorney for Noyes Anderson, Inc., to clarify language in the amendment to the Land Disposition Agreement which had been conditionally approved at the Apr it ' 3 o meeting. The amendment would ensure LexHAB' s ability to acquire units in the future in connection with pending fore- closures, The Board of Selectmen would have power to allow LexHAB to step in, if the amendment is approved . . Upon motion duly made and seconded, it was iroted to approve the amendment as clarified with the new language inserted by Town Counsel. Upon motion duly made and seconded, it was voted to approve a letter to the Executive Office of Communities and Development, stating the Town's endorsement of the Lexington Housing Authority's efforts to provide low income housing and expressing its support of the Authority's efforts to obtain funding for construction of such housing on the "Poor Farm" site at Cedar Street. Upon motion duly made and seconded, it was voted by roll call vote 4 to o, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Eddison, to . go to Executive Session for discussion of matters of litigation, with no intent to resume open session-, Upon motion duly made and seconded, it was voted to adjourn at 7:50 p ,m. A true record, Attest: Marion H. Snow }. Executive Clerk Voft k t t s SELECTMEN'S MEETING d. Ma y 7 1984 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 7 1984 , . at 6:45 p.m... with Chairman Batt 'in, Mr. Sacco., Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Managers Miss Adler, Assistant to the Town Manager and Mrs. Snow, Executive Clerk, were present. The Board reviewed the report of . James Lima, Captain of Traffic, Arlex Taxi on applications by . Ar lex Taxi Corporation, for renewal of Taxi Licenses Licenses for the ensuing year. Mr. McLaughlin pointed out that each year, a number of broken and/or damaged meter seals are reported at the time of Police inspection of vehicles to be relicensed . He requested exploration by the Police Dept. on circumstances of such damage t o . m.et er s . Upon motion duly made and seconded, it was voted to approve licenses for the following Arlex Taxi Corporation vehicles to expire on May 1, 1985, subject to report by the Police Department on the unusually high number of broken meter seals reported: 8 1981 Ford Fairmont 1FABP21A4BA153992 Taxi 42:21 10 1978 Plymouth wagon HL45D8B19 6598 Taxi 4213 12 .1981 Ford Fairmont 1FABP21AGBA153976 Taxi 4216 14 1980 Plymouth Sedan HL41CAF145760 Taxi 4214 16 1981 Ford Fairmont 1FABP2lA5BP21A5BA153970 Taxi 4218 18 1981 Ford Fairmont 1FABP21A6BA153931 Taxi 4209 20 1980 Plymouth Sedan HL41CAF145756 Taxi 4210 22 1981 Ford Fairmont 1FAB21AGBA153959 Taxi 4211 2 1981 Ford Fa irmont 1FABPZ lAlBA153 98 2 Taxi 4204 Mrs. Bat t in reported that the Conservation C ommiss ion and Recreation Cons . Comm Committee will be holding separate meetings to discuss the updating of Recr. Open the Conservation and Recreation Master Plan for Open Space, and asked if Space Plan there would be Selectmen representation at either the May 8 or May 17. meeting. Mr. Eddison agreed to attend the May 8 Conservation meeting., and Mr. McLaughlin will make an effort to be present ' at the Recreation meeting on �... May 17. Art. 24 Mrs. Battin noted that the Planning Board has .now taken a position in Hayden Ave. support of Article 24, citizens proposal for rezoning of land at Hayden to CD Avenue from RC to CD Zone. She asked f f the Board wished to take a position on Article 24 at this time. Mr. Edd ison voiced his favorable position and moved that the Board support the proposal. The motion was seconded for purposes of debate, Mr. Sacco and kr: McLaughlin indicated that they wished to hear more discussion of the matter before discussion. Mrs. Battin expressed her support. Mr. Marshall stated that he opposed Article 24. The motion did not carry. Sen.Kraus Senator Kraus was in attendance for further discussion of his proposed Prop Two tax ref orm proposal, which will be acted upon by the Senate as Bill 1709, in the near future. He requested Town Meeting adoption of a Resolution in Support of Proposition Two, which he said would be important in terms of what happens on the f loor on the Senate, Chairman Smith of 'the Planning Board, Chairman Hamburger and Margaret Rawls of the TMMA, Chairman McCabe and Jacquelyn Ward of the Capital Expenditures Committee and Chairman Dailey and Michael O'Sullivan of the Appropriations Committee were present for the discussion. Following discussion of procedures under Prop. 2 1/2, a question and answer period concerning implications of annual reassessment of property and other aspects of the Senator's proposal Mrs. Battin asked whether the Board felt in a position to decide on support of the resolution and presentation to Town Meeting under Article 2. Mr. McLaughlin said he would prefer not to act on the resolution at this point. He had requested information from the Manager regarding what the present projections are for conditions at the end of this fiscal year and when we might be reaching 2%. He also wanted to research the rate of increases from year to year prior to Prop 2 1/2 and felt. that kind of information should be looked at before making a decision. Mr. Marshall, who will not be present on-May 9, said he was ready to support the Resolution and the bill and would like to see Town Meeting debate the issue. Mr. Sacco saw no need to override Proposition 2 1/2 at this time, since he felt it was doing its job in Lexington. He would not support the resolution. Mr. Eddison said he was in support of the proposal, and hoped that as many of the Selectmen as possible would also support. On that basis, he said he was willing to wait for the provision of information mentioned by Mr. McLaughlin to enable him to come to a decision. Mrs. Battin said she was in support of the proposal. Mr. McLaughlin said he was willing to support the concept of bringing the resolution to the Town Meeting floor, even though he was not willing to endorse , it at this time, with an indication that the Board wishes to have further discussion on the issue at a subsequent Selectmen's meeting. Upon motion duly made and seconded, it was voted to provide inf or-- mati.on to Town Meeting on Senator Kraus' :s proposal at the-May 9th session, with an indication that the Board's intent is to have the matter brought up for Town Meeting debate, following the Selectmen's decision on its position. woo wow A po Steve Anderson, Palmer & Dodge, informed the Board that the Court Butts Case had upheld the position of the Planning Board, with regard to the Board of Appeals decision on the Butts case, that the lot in question had been combined by deed and use so as to form only one lot. Mr. Hutchinson presented a draft Memorandum of Understanding which Potter Pond would revise an agreement between Developers Boyd and Smith f or provision Memo of of units at Potter Pond to the Town. Understandins Upon notion duly made and seconded, it was voted to authorize the Town Manager to request that Town Counsel prepare the Memorandum in appropriate legal language to be used as the basis of the Selectmen's presentation of Article 10 to Town Meeting. At 7:55 p.m., upon motion duly made and seconded, it was voted to adj ourn the meeting until 10: 15 p.m., or such time. following the evening's session of Town Meeting for consideration of a compromise method of fund- ing the Conservation purchase proposed under Article 590 The Exe cu t I've Clerk was excused from the meeting. A true copy, Attest Executive Clerk The adjourned meeting of the Board of Selectmen convened at 10:50 p.m. in Cary Memorial Building. Mrs. Battin said that Julian Bussgang had suggested that a compromise Article 59 on funding the golf course acquisition might bring the Board of Selectmen Pine Meadow and the Appropriation Committee together. He proposed an initial payment Golf Course of $250,000 and ten -year bonding. Mrs. Battin asked if the Board, without obligating itself to ten -year financing could support this concept. Mr. Marshall commented that he would not be present Wednesday night but indicated he would accept this if it was acceptable to the Appropriation Committee. Mr. Eddison moved that the Board agree to fund the golf course acquisi- tion by an initial payment of up to $250,000 for purposes of flexibility in dealing with the Appropriation Committee. Mr. Marshall seconded-and asked where the money would come from. The Manager responded that he had been instructed to look for a way of funding Hancock Street on the tax levy and thought he had located a source of funds. This he said could be used for the golf course and Hancock Street could be bonded as originally proposed . He said he was opposed to the acquisition. Mr. McLaughlin said he would not support the motion since he would not support the acquisition. Mr. Sacco concurred. The Board voted 3 to 2 to support Mr. Eddison's motion. The meeting adjourned at 10:55 p.m. Respectfully submitted, Susan Adler Assistant to the Town Manager i i r - i SELECTMEN'S MEETING i May 9, 1984 A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, May 7, 198.4 at 7:15 p.m. Chairman Batti.n, 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, Mrs . . Batt in noted a letter from Commissioner Geary, M. D . C. , announc- ing the Governor's proclamation of Water ,Conservat ion Week throughout Massachusetts, and requesting a demonstration of local support by the issuance of a similar proclamation by Lexington. Upon motion duly made and seconded, it was voted that the week of June 3 through 9, 19 84 , ' b e proclaimed as Water Conservat ion Week in Lexington. Mr. Eddison agreed to explore , ways to bring to the attention of citizens the importance of water conservation and the need for economical water use. Water Conser- vation Week Upon motion duly made and seconded, - it was voted to renew an Auc-- Auctioneer tioneer' s License for Ronald T. D' Abbraccio , 14 Westminster Avenue, for the' License ensuing year. The license will expire on March-31, 1985. D'Abbraccio Applications for Common Victualler Licenses for "Steve's and "one Meriam" was reviewed. Both restaurants had been granted 'Board of Appeals Special Permits and the proprietors requested approval by the Selectmen, conditional upon final and inspection of premises by the Building Commiss- ioner and Director of Public Health, It was noted that Mr. Greenstein was , r equest ing hours of operation under his Common Victualler License exceeding those specified in the Board of Appeals. As advised by Town Counsel, Mr. Greenstein will be informed that he may apply to the Selectmen for an adjustment of hours, only after re- application and approval of any extension by the Board of Appeals. Upon motion duly made and seconded, it was voted to approve applica- tions for the issuance of Common Victualler's Licenses to expire on December 31, 1984, as follows: Steve's 1749 Massachusetts Hours: 10 a.m, to 11 P.M. Seven days /week One Meriam 1 Meriam Street Common Vict, Licenses Steve's One Meriam Hours: b a.m. to 9:30 p.m. Seven days /week Both licenses were granted, subject, to final inspection and approval of the establishments by the Building Commissioner and Director of Public Health. License for Steve's was granted with the additional condition that Mr. Greenstein demonstrate his cooperation in controlling litter by installation of trash receptacles at exits. Upon motion duly made and seconded it was P y , voted to accept, with regret, Crothers the resignation of Joan Crothers, representing CAPA on the Hanscom Field Resignation Advisory Commission.. Hans . F1d . Commission / O� -2- Transfer Upon motion duly made and seconded, it . was voted to approve transfer to of funds from the Reserve Fund to FY 1 84 Assessors Expense Budget Acct. Acct. #3000 #3000, in the amount of $1,000.00, due to unanticipated expenses for pre- paration of 1984 tax bills. Senior Ctr.. Upon motion duly made and seconded, it was voted to recommend post- ponement of consideration of Article 57, Senior Center, to the May 14 session - of Town Meeting.' eeting . ' Mr. Sacco will make that motion. Art. 59 Mr. Hutchinson reported on his meeting with the ' Appropriation Committee, Pine Meadows regarding the proposal for an alternate method of financing the proposed Golf Course Conservation purchase of the Pine Meadows Golf Course. The Committee has requested a meeting on Saturday, May 12, for discussion of this proposal with .;the Selectmen. Mr. McLaughlin expressed willingness to hear any new financing proposals and suggested continuing the Selectmen's meeting after the evening's-Town Meeting session. Upon motion duly made and seconded, it was voted to adjourn until 10: 30, or such time, following Town Meeting, for discussion with Conservation Comm- issioner Frank Smith of the Appropriation Committee's suggestions regarding the financial aspects of Article 59. At 10:35 p.m., the meeting reconvened in Cary Memorial Hall* Decision was made to schedule a meeting with the . Conservation Commission, Appropriation and Capital Expenditures Committees. and the Recreation Committee, on Saturday, May 12, 1984, at 8:30 a . m. , for discussion of a different approach to funding the proposed acquisition of the Pine Meadows Golf Course. ..w Upon motion duly made and seconded, it was voted to adjourn at-10: p.m. A true record, Attest: f f Marion H. Snow Executive Clerk 3 4 pow SELECTMEN'S MEETING May 14, 1984 A regular meeting of the Board of Selectmen was held in the S elect - men' s Meeting Room, Town Office Building, on Monday, - May 14, 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. Battin noted the unanimous support of the Center Revitalization Committee (C.R.C.) for the Attendant Parking Proposal (Article 48, Park- ing Improvements) and ' recommended presentation of the proposal, with the Board's approval, at the May 21st session Town Meeting. John ob er teuo"f er , who. had initiated the concept and worked on the preparation of the attendant parking program with Mr. Tonaszuck and the C.R.C. , was present for the discussion. Mr. Tonaszuck presented the proposal for Attendant Parking at the Meriam Street . Lot, with a method of operation involving installation of an attendant booth for entrance and exit in the center of the aisle in Station WAy, with two attendants on duty from 8 a .m. to 6 p.m. A third attendant will be available during the , mid --day demand period. Existing rates will prevail until such time as the Selectmen determine a change is warranted. An entrance only will be provided at Meriam Street, one aisle will be blocked off with the access drive controlled by an automatic gate, to be activated when a numbered and time - stamped ticket is taken. He outlined allocation of spaces for all -day and high - turnover parker s .. and noted that all. vehicles will be locked unless spillover requires aisle parking. Mr. Tonaszuck reported on bids received for manag eien t of the lot and gave his recommendation that .Mattes Management Company be awarded the bid for $57,000, which, would include snow plowing and sweeping of the lot for one year, commencing August 13, 1984. He gave a cost projection for implementation of the attendant parking and continuation of the Permit Parking Program, With a total appropriation request . of $89, $20,000 'f o r Permit Parking and $69,000 for Attendant Parking. The motion will be amended to ref lest this breakdown. Mrs. Battin extended the appreciation of the-Board, as well as the C.R.C. to Mr. oberteuf f er for his invaluable aid and assistance in the pre- paration of . the Attendant Parking , proposal . . The Town Manager• reported that proposals were received on May 11 for the Town Computer System. He reviewed-the recommendations of the Data Processing Committee that the Town obtain an in -house turnkey system to support the Town's financial and administration system in lieu of the current system that relies heavily on contracted services which are costing $107 , o 0 o a year. Proposals received ranged from $220,000 to $357,, with a recommenda- tion from the Committee of $250,000 implementation of this system. The Manager noted that proposals are still being reviewed. Attendant Parking Meriam St. Town Computer System I A -z- Mr'. O'Sullivan of 'the Appropriation Committee noted that the Committee'. s P, recommendation is f or $175,000, but that it is in support of productivity He will recommend consideration, of $250,000 now requested. Mr. Michelson, Capital Expenditures Committee, said that his Committee would not make a decision at this time based on facts presented to date, ••■r He requested as much information as possible be provided before the May 16 meeting of the Capital Expenditures Committee. Upon motion duly made and seconded it wa.s. voted to support the request under Article 53 for $250,000 for the Town Computer System; as recommended by the Data Processing Committee. Minutes Upon motion duly made and seconded, it was voted ' to approve the minutes 11 2 1 6 5 of Selectmen's Meetings on January 30, February 6, February 17, 19840 2117184 Mr. Marshall and Mr. Eddison abstaining from voting. Exemplary Upon motion duly. made and seconded, it was voted to acknowledge Teacher the Exemplary Teacher. Awards made by-the Order of DeMolay, to Gloria M. Award Fitzgerald. and Alan M. Cooper, by the issuance of a document commending them for their services to the Town. Mrs. Battin will read these tions. and present them to the teachers at 8:00 p.m.. at Town Meeting.' Art. 13 . Mrs. Battin ref erred ' to the rewording of "Article 13., Visibility at Visibility Intersections, which has been _postponed and referred back to the Select - at . Inter- men. The revised proposal would . apply to future violation, taking sections care of existing violations by the taking of temporary easements to allow the removal of obstructions Town expense. Mr. Tonaszuck reported that Paul Mazerall, Tree Warden, has jurisdic- tion over trees and shrubs which obstruct vision, under existing State Statue. Following discussion of the ramifications-of the new by -law, it was suggested that in view of . .the complexity of the proposal, a report on the matter could be made to Town Meeting this year and the presentation be de- ferred to next yeas,, after time for additional consideration. Upon motion duly made-and seconded, it . was voted to move that article 13 be indefinitely postponed.- Art, 67 Mr. Eddison reported that the appropriation request for hazardous waste Hazardous collection had , been increased from $-2,500 to $3,000. He asked that the members Waste take a stand on the additional funding requested by the League of Women Voters and come to a decision on whether the Board wished to present, . Motion was made by Mr. Eddison to support the request, and seconded by Mr. Marshall for purposes of discussion. -3- Selectmen' Meeting May 14, 1984 Mr. Sacco pointed out. that, last year- question had been raised as to collection of hazardous waste on . a semi - annual basis , Mr. McLaughlin noted that the Health Director sees an increase in amounts collected up to now, and that he would not recommend going to an every other year program for a year - or two. He added that he would not want to have a sense of commitment for an annual collection, but would rather keep it open. Upon motion duly made and-seconded, it was voted to support the re-- quest of the Leagu -e �of Women voters , f or appropriation of $3 , 000, and that the Board will present this request under Article 67 , Regarding the of Understanding on Potter . Pond units, Mr. Hutchinson informed the Board that the developers have signed the revised document as discussed on May 1. He asked that the Board vote to execute the Memorandum, so that it can be presented at the May lb session of Town ..Meet ing . The administrative fee, which remains to be established, will be ne- gotiated with the developers at a -later date. Upon motion duly made and seconded, .it was voted to execute the Memo- randum of Understanding as revised to release Boyd /Smith, developers, from the terms of the original agreement in exchange for a sum of money which will represent the dif ference between. the agreed --upon . price for sale of units at Potter Pond and the net market rate price, less an administrative fee to cover. selling expenses. The Board reviewed the recommendations and cost analysis of the comm- unication system proposed by NYNEX, of Network- Systems Design Corporation, for conversion of the Town telephone system under Article 54. The Town Manager noted that of the four NYNEX ' apt ions outlined, he . concurred with the NSD recommendation that option II be implemented. This option would consist of a Centralized Attendant Service with the centralized switchboard being located in the Town Hall, and would require a small increase in cost in the first year. The second year cost would increase substantially due to the cost of the maintenance contract. This option would have the added benefit of eliminating the manpower . cost of an operation in the Senior High School under the centralized attendant service capabilities. The School Committee will advise the Town Manager within a few days on its position on the proposal. Mr. Hutchinson stated that he would recommend selection of option II, if the School system is in agreement, but if not, he would recommend option III, for a stand -alone communications systems in Town Hall . Mr. Marshall recommended that options for outright buying of the system, rather than leasing, should be explored, and so moved. Mr. McLaughlin said he would have qualms about the purchase unless it was for a joint system with the School Department. Mr. Marshall's motion was amended to include Mr. McLaughlin' s suggestion regarding integration with the School's system. Mrs. Battin said that she would abstain from voting on the issue, since her son in employed by NYNEX. Upon motion duly made and seconded, it was voted 4 - o, with Mrs. Battin �• abstaining, that the cost implications of purchase of a centralized Town telephone system, to be integrated with the School Department system, be explored at the meeting on May 160 Potter Pond Memo of Understandini Town Tele- phone System IM: / �_) 40 Senior Ctr . Mrs. Boggia , Chairman of the . Council on Aging, requested that funding Funding of. $25 ,000, requested under Article 57 for furnishing of the Senior Center, Art. 57 be increased to $50,000 as the Town's share of the estimated $125,000 needed. A Council on Aging Fund Raising effort is geared to providing the balance. Mr. Sacco, who is Selectmen liaison to the Council, stated his support of the increase and said that he will so move at Town Meeting. In response to questions regarding the $16, 955 requested for phone installation which appears on the itemized list of furnishings for the Center, Terry Gent of the Council on Aging said that a need exists for a self contained system, with one listed number plus two additional lines for Council Services and for the purpose of tracking various programs. He sees the existing system as not adequate to handle these calls, and felt that C. of A. phone setup would be a burdensome addition for integration in the Town system. Mr. Hutchinson will explore with the vendor proposed for the new system (NYNEX) , regarding its capability to include the Senior Center lines. Upon motion duly made and seconded, it was voted to adjourn at 8: p.m. A true record, Attest: t Marion H. Snow y• - Executive Clerk t� MM4 Mood Pon A meeting of the Boar of Selectmen was held on Wednesday, May 16, 1984 in the Selectmen's Meeting Room, Town Office Building, at 7:04 p.m. Chair man Batt in, Mr.. Sacco, Mr. McLaughlin., Mr. Marshall, Mr. Eddison; Mr. Hutch- inson, Town Manager; Mr. Cohen, Town Counsel, Miss Adler , Assistant to the Town Manager and Mrs Snow, Executive Clerk, were present. SELECTMEN'S MEETING � May 16, 1984 Upon motion duly made and seconded, it was vo -ted to approve the 1 -day Auct. application of Cosmo Ciccarello, for one --day Auctioneer License to hold License an auction at the Lexington Montessori School on June 2, 1984. Ciccarello Upon motion du made and seconded, it was voted to approve the 1 -day Auc t . application of Hossein Tora.bza.deh, for one -day Auctioneer License to License hold an auction at the Lexington Armory, on behalf of St. Nicholas Church. Torab zadeh Upon motion du made and seconded, it was voted to approve the app- -- 1 -day Liquor licat ions for one -day Liquor Licenses of the Armenian Sisters Academy on License June 16, 1984, and of W. R. Grace, Recreation Association on May 24, 1984. W. R. Grace The Board reviewed the report of the Safety Advisory . Comm- ittee on the traffic concerns of Janet . Bonner, her request for installa- tion of "Slow-Children" signs on Winthrop Road and for lowering of the speed limit. Upon motion duly made and seconded, it was Voted to approve the in- stallation of "Caution -- Children" signs on Winthrop Road, near Waltham Street and Highland Avenue, and to request increased enforcement by the Lexington Police Department . of the existing 30 .mph speed limit. Ms. Bonner will be informed of the Committee's findings that it will not be possible to lower the speed limit to 20 mph, as she had requested, traffic conditions at that location do not meet standards of the Massachusetts D.P.W. and -the Registrar of Motor Vehicles for that speed. Ms. Bonner will also be advised that if she chooses to petition for sidewalk construction on the southerly side of Winthrop Road, consideration will be given that project in the FY '86 budget. Mrs. Battin noted a request from the Town of Wayland for Lexington support regarding efforts being made in the Legislature for distribution of additional State aid to every community in the amount of $35 per public school student.. The Board concurred with the recommendations of the Town Manager that the matter. be dealt with bythe Legislature and that Lexington abstain from comment. Bonner, Winthrop Rd. T.S.A.C.Rept, Wayland Legislation for State Ai( Upon motion duly made and seconded, it was voted to approve the trans- Transfer f er from the Reserve Fund, in the amount ' of $2,000, to Metered Mail Account Metered Mail #2940, due to increase in overall mailing costs in FY '840 _ � r Transfer Upon motion duly made and seconded, it was voted to approve transfer Pension Fund from the Reserve Fund in the amount of $10, o0o to the Non -- Contributory Pension Fund Account #7825, to accommodate a court awarded pension to a former school teacher which had not been provided for in the normal •..r� budgeting process. The Board and the Town Manager briefly discussed the sequence in which remaining Articles were to be ' taken up at Town Meeting that evening. Upon motion duly made and seconded, it was-voted to adjourn at 7:55 p.m. A true record, Attest: Marion H. Snow - t� Executive Clerk �s 4 "WW y SELECTMEN'S MEETING t Ma y 21, 1984 A regular meeting of the Board of Selectmen -was held in the Select- men's Meeting Room, Town Office Building on Monday, , May 21, 1984, at 7:00 p.m. Chairman Batt in, 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 of the Selectmen' s' meet ing on February 27, 19840, Mr, Marshall and Mr. Eddison abstained from voting.' Upon motion duly made and seconded, it was . voted to abate water charges as follows: Frances Daveta, 9 Tucker Avenue $44.00 Estimate adjusted Joseph Bergin, 7 Carville Avenue $41.25 Incorrect reading Robert Chattel, 6 Forest Court $31.90 Estimate adjusted Gilbert Sakakeeny, 4 Cottage Street $126.50 Estimate adjusted Minutes February 27 Water Abate- ments Upon motion duly made and seconded, it was voted to refer the request Goldstein of Phyllis Goldstein, 5 Lawrence Lane, for installation of speed . limit signs Pleasant St. on Pleasant Street, to the Traf f is Safety Advisory Committee f or ' review' and T. S . A. C . recommendations. Upon motion. duly made and seconded, it was voted to approve the request Elks, Flag of the Lexington Lodge of Elks-#2204, for use of the Battle Green on June 14, Day, Battle at 7:00 p .m. for its annual Flag Day ceremonies. Green Mr. Sacco, Mr. McLaughlin and Mr. Eddison, will represent the Board at the ceremonies, Upon motion duly made and seconded it was voted to approve the re- Cons. Comm. appointment ,by the Town Manager of Angela Frick and. David Williams to the A PP is . Conservation Commission. Upon motion duly made and seconded, it was voted to approve the appoint-C. o Aging meets by 'the Town Manager of . Cathy Robinson and Jacob Gardner to the Council Appt s . on Aging for t e rms ' of three years, Mr. Eddison requested that in the future, more extensive background Appt criter -- inf ormation on.-candidates be provided to the Selectmen, when they are being is , back- - requested to give approval of appointments by the Town Manager. ground Mr. Hutchinson reviewed his recommended schedule, with times specified, T. Mtg. for presentation of Articles at the evening' s session. of Town Meeting. He Schedule asked the Board's concurrence with the suggested timetable, and that it be proposed in an effort to conclude with the evening's session. The Board was in agreement with proposing the schedule to the Town Meeting as recommended by the Town Manager. Upon motion duly made and seconded, it - was voted to execute "Chapter Ch. 90 90" Reimbursement Request #2 in the amount of $2,271.75 as requested by. Request the Town Manager. - 3 - In Adams /Russell. John Ward, Chairman of the Cable Television Advisory Committee, Rate Increase was present for discussion with representatives of Adams Cable Services Division of subscriber rate increases to be announced on June 10 Mr. Pollack, General Manager of Adams Russell Cablevision -- Lexington, NNW Inc. was present. Mr. McLaughlin, Selectman liaison to the CATV Committee, reported that on December 31,' 1982, the Town had been notified of a 3/1/83 Public Hearing held-by the State Cable Commission on deregulation of operating Cable systems. He noted that no specific ref erence to Lexington was made in the notice. He added that since the State has now deregulated Cable Television, the Town no longer has legal authority ' to . control rates, Mr. Ward recapped the. Public Hearing process and also stated that because of the lack of detailed notification,. the Cable Committee was unaware of 'the deregulation procedures until March. 1, 1983. He noted that the two-- -year fixed-rate period specified in the franchise agreement has now expired* He stated that even though Lexington has no control over the rate structure from this point on, the Board and the Cable Committee should, however, determine to their own satisfactions whether rate changes are in fact and proper He stated that after examination of all data presented in Adams/Russell's 10 -year financial projections, the committee is satisf ied . that this. is the case. Mr. Ward explained that the most significant factor in the rate change will be an increase from $7.50 to $13.50 per month for full service for the first outlet (from $b to $12 for senior citizens) , and from $4 to $ 6 for each additional outlet. The basic rate and Lifeline rate for senior citizens are not being changed. He went on to point out rate changes in other options i.e. remote control (which is being reduced, increases ' in charges for outlets under varied subscriptions. • no Mr. ward stated that Adams /Russel -1 justifies these increases on the basis of approximately 120% increase over 1980 projected figures for fixed assets costs for the third year and roughly doubled costs of operation. He went on to explain that cable economics for a new system . are characterized by very large up-front costs,, and net incomes that are negative for the first years. He said that it seems clear , that rate increases are necessary if the Lexington cable system is to remain viable. He noted that Adams/ Russell has not chosen to cut back on local programming and access operations which is the usual procedure when cable systems are having cash flow problems. Mr. Eddison responded that such increases indicate to him that Adams/ Russell had not properly calculated rates in 1980 and questioned the de- regulation procedings when Adams Russell apparently has no competition in Lexington. It was explained that the fact that there are three major net- works available and that the subscription rate in the Town is less than 70% fulfills the criterion for deregulation.. Mr. Marshall. brought-out that after implementation of the increases, Adams /Russell would probably experience a drop in subscribers. Mr. Pollack stated that a survey has shown that Lexington rates are below those-in similar towns. Mr. Eddison expressed appreciation to the Cable Committee for its very helpful report and its assistance 'in understanding the proposal. Mr. Pollack also thanked the Committee for its efforts, and stated that Adams Russell feels it is doing its best in its dealings with the Town. He again �stat ed that the rate increase is tru needed. �3- Selectmen's Meeting May 21, 1984 M' M I A motion by Mr. Eddis on that Emerald Street be deleted from the list of construction streets was seconded by Mrs, Battin for purposes of discussion. Mr. Marshall, Mr. Sacco and Mr. McLaughlin expressed their agree- ment that the construction of Emerald Street should be proposed this year, as originally supported by the Board • � j The motion as seconded to delete Emerald . Street construction was withdrawn. ' The Chairman stated that the Board was united in support of the proposal for the modified plan for construction of Emerald Street, Mr. McLaughlin. stated that in the absence of Senator Kraus, he will acknowledge the sixteen Lexington Merit Scholarship finalists at Town Meeting. Each finalist will be mailed an individual acknowledgement of accomplishment, signed by the Board. Mr. Hutchinson recapped the current schedule for presentation of Articles. He noted that at present ttw5w amount ov r - he levy limit is $220, 000, . uti.lizing $900,000 of free cash and ilnc udiiag Emerald Street at $56,000 and Sunny Knoll at $91, - 000 in Article' 46. It also presumes $340,000 on the levy for Hancock Street and Line Item 8525 Tax & Bond anticipation Loans being reduced from $160, 000 to $50,000 because of the failure of the Conservation article to pass. He recommended that $1,120,000 million be utilized from free cash to make up the $220,000 and that any deletions lessen the demand on f ree. cash acc or ding ly . Upon motion duly made and seconded, it was voted , to proceed under Article 68 as recommended by the Town Manager with the amount of $1,120,000 committed to free cash,. subject to caucus on the matter at Town Meeting* Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mrs. Bat t in, Mr. Sacco, Mr. McLaughlin, Mr .. Mar shall, Mr. Edd icon, to go into Executive Session for the purpose of discussion of real estate negotiation, with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 7:55 p.m. A true record, Attest: l�larion H. Snow � Executive Clerk Emerald St. Merit Scholaz ship Awards T. Mtg. Schedule Free Cash Exec.Session � t f { i r r 'y SELECTMEN'S MEETING May 23, 1984 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town off ice Building on Wednesday, May 23 , 1984 , at 7: p.m. Chairman Battin, Mr. Sacco, 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 pre - sent. Upon motion duly made and seconded, it was voted to execute the following 1984 - Street and Drain Easements Street & Drain Ease- ments Spencer Street -- Temporary Construction Easement Meadow Brook Avenue and Wellington Lane Avenue - Temporary Construction .Easement Grant Street - Temporary Construction Easement Garfield Street - Drain Easement Garfield Street - Temporary Construction Eas nt loft Mr. Hutchinson updated the Board on preparation of the- document trans - Muzzey Sch. f erring Muzzey Jr. High School to Sydney Noyes Anderson,, Inc. The document Conveyance is now being worked on by Robert Shafer, Attorney for the developers, and when completed will be submitted for review by Torn. Counsel. It is hoped that it will be ready for approval by the Board at the Selectmen's Meeting on June 4. Brief discussion of strategy and presentation of Articles at Town Meeting f ollowed . Upon motion duly made and seconded, it was voted to adjourn at 7:43 p.m. A true record, Attest: L Marion H. Snow Executive Clerk T-