HomeMy WebLinkAbout1984-06-BOS-min i1
SELECTMEN'S MEETING
June 4, 1984
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, June 4, 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.
The Board reviewed the application of Alexander T. Castiello for Castiello
Common Victualler License for his bakery and eating establishment at Common Viet.
1721 Mass. Avenue. Mr. Castiello has been granted Special Permit by License
the Board of Appeals with hours of operation of 6:30 a.m. to 11 p.m. ,
7 days a week and requested that the Board approve his license, subject
to final approval by the Building Inspector and Health Director. It was
noted that he was asking for hours of operation from 6 a.m. to 11 p.m. ,
under his Common Victualler License, which would exceed the hours granted
by the Board of Appeals, and which the Board may not allow. It will be
suggested to the Board of Appeals that, in the future, such applicants
for Special Permit be reminded of this circumstance.
Upon motion duly made and seconded, it was voted to approve the
application of Alexander T. Castiello Bakery, Inc. d/b/a/ Castiello's,
1721 Massachusetts Avenue; for Common Victualler License, with hours of
operation of 6:30 a.m. to 11:00 p.m. , seven days a week. The approval
is conditional upon final inspection and approval of the premises by
oak the Building Commissioner and the Director of Public Health.
Upon motion duly made and seconded, it was voted to approve the re- Lexington
quest of the Lexington Golf Club for permission, under its All Alcoholic Golf Club
Beverages Club License, to serve alcoholic beverages in the immediate
vicinity of the Club House on F-riday, June 22, Saturday, June 23, and
Sunday, June 24, 1984, on the occasion of the annual club tournaments,
with the understanding that all other stipulations, and regulations of
its liquor license will be observed.
Upon motion duly made and seconded, it was voted to approve the app- W.R. Grace
lication of W. R. Grace Company Recreation Association for one-day Liquor 1-day Liq.Lic
License for June 6, 1984, on the occasion of an employee retirement party.
Upon motion duly made and seconded, it was voted to refer the request Ekman,Concord
of Arline V. Ekman, 37-15 Middlesex Circle, Waltham, for traffic channel- Ave/Walnut St
ization at the intersection of Walnut Street and Concord Avenue, to the T.S.A.C.
Traffic Safety Advisory Committee for its review and recommendations.
Town Counsel and the Attorneys for Sydney Noyes Anderson are still in Muzzey Con-
the process of meeting to clarify certain features of the documents for veyance
transfer of the Muzzey School, ‘and requested that approval and execution of
the instrument be deferred.
Upon motion duly made and seconded, it was voted to table action on the
document conveying the Muzzey School to Sydney Noyes Anderson, Inc. pending
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approval by Town Counsel of its final form.
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Art. 68 Mr. Hutchinson presented a proposed motion under Article 68 and
Free Cash recommended that the question be divided as follows:
Prop.Two (a) That the sum of $1,140,000 be appropriated to reduce the tax
levy for the fiscal year beginning July 1, 1984, and that such amount be
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transferred from the Excess and Deficiency Account;•
(b) Whereas the Lexington Town Meeting has used transfers from free
cash reserves to assist in its efforts to stay with the Levy Limit required
by Proposition 2 1/2; and
Whereas the Lexington Town Meeting is concerned about its ability in`
the future to maintain the level of services desired by the Citizens of
Lexington given the provisions of Proposition 2 1/2 limiting year to year
property tax increases;
Be it resolved that the Lexington Town Meeting hereby recommends to
the Great and General Court passage of Senate Bill 1709 (as reported favor-
ably by the Joint Committee on Taxation) which 1) provides a means whereby
voters in low-tax communities can restore to local legislative bodies the
authority to stabilize their property tax rates, which are now declining
at a real rate of 8 to 107 a year; and 2) also provides the voters the means
to rescind this authority should it be abused.
The Board voiced no objection to presentation of the motion in this form
at Town Meeting.
Minutes Upon motion duly made and seconded, it was voted to approve minutes of
3/5/84 the Selectmen's meeting on March 5, 1984.
SCA Trash Mr. Hutchinson reported that SCA has now overcome the 2-day lag in
Pick-up trash pick-up schedules, caused by adverse weather conditions and muddy
conditions at the landfill.
He also noted that as a result of the long period of extremely rainy mow
weather, there has been some surcharging of sewer, but that no problems in
basements have been reported.
Committee Mr. Eddison said he was pleased with efforts in the Town Manager's
Functions office regarding preparation of the draft publication of Functions of Comm-
Directory ittees. He suggested distribution of the document to local civic organiza-
tions and other groups for the information of interested citizens_ and to
encourage applications for committee membership.
Summer Mrs. Battin requested that members be prepared to submit suggestions re-
Projects garding the appointment process and types of summer projects for the June 11
meeting.
Public Hg. At 7:30 p.m. , the Chairman opened the Public- Hearing on the petition
Edison of Boston Edison Company for installation of conduit on Old Spring Street.
Old Spring St. Mr. Kelley, representing Boston Edison Company, was present to review
Conduit the petition, and explained that the work is necessary in order to provide
electric service to #152 Old Spring Street, a new residence.
Mrs. Battin read the recommendation for approval of the installation
from the Director of Public Works and Engineering.
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Selectmen's Meeting June 4, 1984
No one speaking in favor or in opposition, the hearing was declared
pm. closed.
Upon motion duly made and seconded, it was voted to grant approval
to the Boston Edison Company for installation of approximately five feet
of conduit in Old Spring Street, easterly approximately 290 feet north
of New Spring Street, necessary for provision of electric service to a new
residence.
At 7 :33 p.m. , the Chairman opened the Public Hearing on the petition Public Hg.
of Boston Edison Company for installation of conduit in Walnut Street. Edison Co.
Mr. Kelley, reviewed the petition, and explained that the work is Walnut St.
necessary to provide electric service to the Metropolitan State Hospital. Conduit
Mrs. Battin read the recommendation for approval of the installation
from the Director of Public Works and Engineering.
No one speaking in favor or in opposition, the hearing was declared
closed.
Upon motion duly made and seconded, it was voted to grant approval to
the Boston Edison Company for installation of approximately 25 feet of con-
duit in Walnut Street, westerly approximately 920 feet south of Concord
Avenue.
At 7:36 p.m. , the Chairman opened the Public Hearing on the petition Public Hg.
of Boston Edison Company for installation of conduit in Bedford Street. Edison Co.
Mr. Kelley reviewed the petition and explained that the work was ne- Bedford St.
cessary for provision of electric service to the Town of Bedford. Conduit
Mrs. Battin read the recommendation for approval of the installation
from the Director of Public Works and Engineering.
+remi No one speaking in favor or in opposition, the hearing was declared
closed.
Upon motion duly made and seconded, it was voted to grant approval to
the Boston Edison Company for installation of approximately 10 feet of con-
duit in Bedford Street, westerly at the Lexington-Bedford Town line, necessary
for provision of electric service to the Town of Bedford.
Chairman Battin noted the petition of the Boston Edison Company and the Pole Reloca-
New England Telephone Company for permission to relocate a joint owned pole tion,Edison
in Wellington Lane. Wellington La
Mr. Kelley, Boston Edison Company, explained features of the petition
for the pole relocation, necessary for Town street construction.
Mrs. Battin read the recommendation for approval of the request by the
Director of Public Works and Engineering, who had advised that no public
hearing was required.
No one spoke in favor or in opposition to the project.
Upon motion duly made and seconded, it was voted to grant approval to
the New England Telephone Company and the Boston Edison Company for reloca-
tion of a joint owned pole in Wellington Lane on the easterly side, approx-
imately 36 feet southerly of the southerly sideline of Garden Avenue.
Mr. McLaughlin reported that the Franklin School Conversion Committee is Franklin Sch.
working to prepare requests for proposals on two levels for continued school Conv.. Comm.
use, with no changes to the building and for use as housing, with changes to
the building necessary. He requested a meeting of the Committee with the
pm, Board, possibly on June 11, for the purpose of gaining a sense of direction as
to the Selectmen's preference for use, in order to avoid pursuit of both
levels, if possible.
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Water Mr. Eddison informed the Board of his conference with the D.P.W.
Conservation Superintendent of Water, regarding plans for a demonstration of means
Program for Water Conservation, in conjunction with the Proclamation by the
Selectmen of June 3rd to 9th as Water Conservation Week in Lexington.
Due to heavy recent rainy period, decision had been made against pur- IMMO
suit of the plans for the demonstration at this time.
Sister City Mr. Sacco invited Board members to be present at a reception for
visitors from Delores Hidalgo to be held in the Selectmen's Meeting
Room on July 3 at 11 a.m.
Upon motion duly made and seconded, it was voted to adjourn at 7:50 p.m.
A true record, Attest: (.„/,//
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higUiri4
'
Marion H. Snow
Executive Clerk
SELECTMEN' S MEETING yr
P"" ILI June 11, 1984
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday June 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.
The Executive Clerk opened the meeting at 7:30 p.m. and called for Election of
nominations for Chairman of the Board. Chairman
Mrs. Battin was nominated as Chairman.
There being no other nominations, Mrs. Battin was reelected as
Chairman of the Board of Selectmen.
Upon motion duly made and seconded, it was voted to approve the Minutes 9/12
minutes of the Selectmen's Meeting on September 12, 1983. Mr. Marshall 83
and Mr. Eddison abstained from voting.
Upon motion duly made and seconded, it was voted to approve minutes 3/12, 3/19,
of the Selectmen's meeting on March 26, 1984. Minutes of meetings on 3/26/84
March 12 and March 19, 1984, were approved as amended.
At 7:35 p.m. , upon motion duly made and seconded, it was voted 5 - 0 Executive
by roll call vote, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Session
Mr. Eddison, to go into Executive Session for discussion of real estate
negotiations, with the intention to resume open session.
Open session was resumed at 7 :48 p.m.
The Chairman noted that the efforts of many who have been involved in Conveyance of
the conversion process of the Muzzey Jr. High School were to be culminated Muzzey Jr.Hi
that evening by the conveyance of the property to Sydney Noyes Anderson,
Inc.
Upon motion duly made and seconded, it was voted to execute a Quitclaim
Deed, in form agreed to in the Land Disposition Agreement, as amended, con-
veying the Muzzey Junior High School property to R. Kirk Noyes as Trustee
of Muzzey Realty Trust, together with certain collateral agreement, certifi-
cates, and consents in connection with such conveyance.
Mr. McLaughlin introduced members of the Franklin School Conversion Franklin Scl
Committee and recapped its procedures to date regarding formation of Conv.Comm.
recommendations on the future use of the school. He outlined two major
alternatives and pointed out that now determination must be made as to
whether the property is to have an interim use such as church/school on
a lease basis and retaining the playing fields for Town use; or for housing
or some other permanent use. He noted that area residents who had attended
neighborhood meetings had indicated a perference for continued school use, or
■n mixed use such as the current church with school use. There appeared to be
mixed views among neighbors on use of the property for housing. He noted
that the School Committee has no interest in keeping the school in its
permanent inventory.
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He noted types of preliminary proposals and indications of interest
received thus far which include school, church and housing. He pointed
out that more extensive changes to the property would be necessary, if
it is to be used for housing.
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The Committee has decided against commercial or office use, which
he doubted would receive Town Meeting approval, in favor of housing
or church/school use. Of housing uses, the Committee has suggested other
than market rate housing be favored, with preference for congregate
housing.
Mr. McLaughlin reported that input has been received from major
boards. J. Smith spoke for the Planning Board which recommends keep-
ing the property in Town inventory for possible future school use (noting
potential for increased residential development in S. Lexington) and
maintenance of the playing fields. Mrs. Smith pointed out possible
traffic problems related to any future use noting the fact that there
are only 24 parking spaces at Franklin.
The Recreation Committee also recommends retention and maintenance
of playing fields.
The Housing Authority is interested in exploring use for elderly
housing, possibly congregate.
The Franklin Committee will weigh the issue of return to the Town
under the various options submitted.
Mr. McLaughlin noted, with respect to a leasing option for school/
church use that it would delay the conversion process, but would have the
advantage of keeping the building in the Town inventory; necessitate few
building changes; be acceptable to the neighbors and would retain the
p layf ie ld s for Town Use. He felt that neighbors views should be considered
but that Townwide interests are to be a primary consideration.
Mrs. Battin asked if any consensus had been reached. ...r
Mr. Marshall noted that the Muzzey experience should prove to be
helpful in dealing with Franklin. He was in favor of use for below market
rate housing, if decision on permanent use is to be made at this point.
He felt that the 10-year lease option would be acceptable only if the
Board wants to postpone its decision.
Mr. Eddison said he leaned toward limited income mixed housing rather
than only for elderly.
Mrs. Battin said she wished to keep her options open for affordable
housing or retaining ownership and leasing.
Mr. McLaughlin advised tabling of the matter to July 25, noting that
the Committee had wanted the Board's input and a sense of direction, and
had not expected final decisions to be made at this time.
He added that a draft R.F.P. is being prepared and will be ready
for advertising in mid-July. Developers who had previously expressed
interest in other phased-out schools will be contacted. Following review
of conceptual plans received, the Committee will pursue the most promising
of the proposals, and return to the Board with its findings.
Promotions Capt. John Quinlan and Lt. Edward Costello, Lexington Fire Department,
Fire Dept. were present for acknowledgement of their recent promotions. Chief Bergeron
informed the Board of the background, qualifications, and areas of res-
ponsibility of both men, who were then presented with their badges by their
wives.
Mrs. Battin expressed the Board's pride in the achievements of the
officers and congratulated them on their accomplishment. rrl'
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Selectmen's Meeting 111June 11, 1984
00.1 The Chairman explained the petition of Mita F. Teding Van Berkhout LeBellecour
for permission to pledge the Liquor License for LeBellecour Restaurant as Pledge of
security interest in a Loan transaction. It was noted that all necessary Liq.Lic.
documents required for approval of the request by the Alcoholic Beverages
Control Commission have been filed by the petitioner, with the exception
of a Certificate of Good Financial Standing, to be issued by the Mass.
Dept. of Revenue. Since the Certificate would not be available for' several
weeks, Mrs. Von Berkhout had requested the Board's approval, conditional
upon issuance of that document.
Upon motion duly made and seconded, it was voted to approve the request
of Mita F. Teding for pledge of Common Victualler All Alcoholic Beverage
License for LeBellecour Restaurant as security interest in connection with
certain financial transactions with the United States Trust Company of Boston
as one of several other securities which secure the payment of a promissory
note in the amount of $700,000. The vote is conditional upon provision by
Mrs. Van Berkhout of a Certificate of Good Financial Standing, to be issued
to her by the Mass. Dept. of Revenue.
Upon motion duly made and seconded, it was voted to accept, with regret, Resignation
the resignation of Stephen Baran as chairman and member of the Human Ser- Human Svs.
vices Committee. Baran
Upon motion duly made and seconded, it was voted to approve the re- Study Sheets
vised Study Sheets for Battle Green Guides, as submitted by the Director Guides
of Battle Green Guides, Cornelius P. Cronin.
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Mr. Eddison presented the "Report to the Board of Selectmen on the Clean-up
1984 Spring Clean-up Campaign", and briefly summarized the results of the Campaign
efforts of the individuals and organizations participating in the endeavor.
He felt that it had been a successful effort, and asked for the sense
of the Board regarding planning for a 1985 campaign. He advised more ad-
vance notice to allow for scheduling by organizations and schools to assist
and suggested enlarging the scope of activities i.e. by plantings.
He expressed appreciation to the members of the 1984 Clean-up Comm-
ittee for their good work, and gave suggestions for planning and activities
to be undertaken in April, '85.
Upon motion duly made and seconded, it was voted to approve the imple-
mentation of a 1985 Spring Clean-up Campaign, as recommended by Mr. Eddison
and to accept with appreciation "The Report on the 1984 Spring Clean-up
Campaign." The 1985 Campaign will be conducted under the leadership of
Mr. Eddison.
Mr. McLaughlin, who had chaired the June 6th Kline/Terzian Dog Hearing, Kline/Terziaz
reported to the Board on testimony given at that time and his rec ommenda- Dog Hearing
tions as to resolution of the problem. Mr. Kline had complained that the
Terzian dog barked excessively when its owner was not at home and it was
tied outside. Mr. McLaughlin stated that there was no question that the dog
is a problem to the neighbors, as evidenced by the testimony noted in the
minutes of the hearing, and recommended that the Selectmen order Mrs. Terzian
Oft to take steps to correct the situation.
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126
Upon motion duly made and seconded, it was voted to inform Mrs. Lucy
Terzian, 28 Webster Road, that she must take steps to alleviate the problem
of excessive barking of her dog so that neighbors are not subjected to this
nuisance and that future complaints for that reason are not necessary.
Failure to comply with the order may result in action by the Board to order
the dog removed from the limits of the Town and/or Court action.
Traffic A letter was noted which had been received from the Massachusetts Dept. of
Regs. Public Works, suggesting amendment of the Town's request for a "No Parking"
Mass.Ave. , area on Mass. Avenue partly between Winthrop Road. This amendment to Lex-
Hunt/Win- ingt on's Traffic Rules and Orders had been approved at the Selectmen's Meet-
throp Rds. ing of March 19, 1984. State D.P.W. Dis trict High Engineer Misteretta had
recommended that because of the geometrics of the roadway, parking should
be banned on the entire area between Winthrop -and Hunt Roads.
Mr. Tonaszuck will confer with Mr. Mistretta on this issue and expressed
hope that the State will honor the Board's decision for partial parking ban.
Mr. McLaughlin, who was in opposition to the complete ban, requested that
reasoning behind the State's review and opposition to this particular park-
ing order be investigated.
July 4th Upon motion duly made and seconded, it was voted to approve the application
Carnival for Public Entertainment on Sunday, July 1, 1984, by Dean & Flynn Fiesta Shows
for operation of a Carnival at the Center Playground, under the auspices of the
Lexington Lions Club.
1-day Liq. Upon motion duly made and seconded, it was voted to approve the applica-
License tion of W. R. Grace Recreation Association for one-day Liquor Licenses on
W.R.Grace June 14 and June 25, 1984. The June 14th function will be a private ex-
ecutive dinner and the June 25th function will be a retirement party for ,_
an employee.
Battle Green Upon motion duly made and seconded, it was voted to permit the use of the
U.S.S. Lex. Lexington Battle Green on October 12, 1984, for ceremonies, as requested
by the U.S.S. Lexington Reunion Committee.
Traffic Upon motion duly made and seconded, it was voted to refer the recommenda-
item tions of James Lima, Captain of Traffic, for improved markings, signing,
to T.S.A.C. and lighting improvements at Hartwell Avenue ,and Maguire Road and his request
for changing of the timing sequence of traffic lights at Simonds Road, to the
Traffic Safety Advisory Committee for its review and recommendations.
Water Upon motion duly made and seconded, it was voted to abate water charges
abatement as follows:
Murphy
Frances Murphy, 5 Bennett Avenue $38.50 Billing error
HighlandAve. Mr. Hutchinson referred to the report, prepared by Mr. Tonaszuck on the
Sodium sodium street lighting program for Highland Avenue, as had been requested
Lights by the Board.
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Selectmen's Meeting June 11, 1984
He noted that the results of a survey of Highland residents on the
Plimm lighting, installed on an experimental basis in September 1983, had been
favorable and reviewed a summary of responses with the Board. The survey
showed that a majority of the 23 residents who responded had approved of
the appearance and the light color of the new fixtures, but that there
was marked dissatisfaction because of apparent "pockets" of darkness between
the lights. Mr. Tonaszuck had presented several alternatives to the current-
ly used incandescent lamps used in the Town, and data on savings which would
be realized from Town-wide or partial installation of high pressure sodium
street lighting.
The Manager asked the Board's consideration of expansion of the pro-
gram.
ro-
gram.
Mr. & Mrs. Gary, 29 Highland Avenue, noted uneveness of the lighting
causing extremely dark areas between the lamps. Mr. Gary pointed out that
there are now fewer fixtures which he felt was adverse to the security of
the neighborhood. He felt the Board should not base its decision on Town-
wide installation on the experience of this experiment. He also noted that
the residents had only been informed of the evening's discussion that day
and felt that the neighborhood was not adequately represented.
Mr. Youngr en, 31 Highland Avenue, agreed with the Garys regarding
the "black pockets" between lamps.
Mr. Alpert, 30 Highland Avenue, also spoke of dark areas. He said
the color and intensity seemed fine but that the poor spacing did not
afford adequate lighting.
Mr. Tonaszuck noted that the previous seven lights with 1,000 lumens
each had been replaced by six lights with 4,000 lumens each. He said
Pow the pattern could be distributed differently and agreed that there seemed to
be a gap in one area, which would possibly be corrected by tree triming.
He again pointed out the financial aspects and potential of cost saving
to the Town of these lights.
Mr. Hutchinson said he had looked for some general sense of opinion on
the program and thanked those who had attended. He noted that there was
apparent need for further experimentation before Town wide installation can
be considered. He said the problem stated that evening, regarding the need
for additional lights on Highland Avenue, will be corrected.
It was suggested by Mr. McLaughlin that the experiment be tried on other
streets, with other types of lamps as listed in Mr. Tonaszucks report, before
going forward with a more extensive replacement program. He felt that the
Highland Avenue lighting problems should be resolved before going on.
Mr. Hutchinson referred to the Building Commissioner's request for Bldg.Comm.
approval of revised Permit Fee Schedule for his department. The fee schedule Revised Fee
remains substantially the same, with the exception of inclusion of a simpli- Schedule
f ied and more equitable fee structure for the plumbing/gas/mechanical as-
pects
s-
pects and a partially updated electrical fee. Additions to the schedule
include an application fee for the new accessory apartment program and a
micro-film fee of $2.00 plus 4(X per drawing.
He asked that the Board approve the propo sed fee schedule at its June
25th meeting.
The Town Manager noted the information Packet for Citizens Applying Appointment
pow for Appointment to Committees, which was distributed in draft form for to Committee;
review. He asked for a sense of direction as to procedures after review brochure
of the brochure.
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Mr. Eddison pointed out that Annual Appointments procedures are now
in process and in order to utilize the brochure, he felt that it should be
distributed in its draft form at this time and be refined during the summer
and fall months. He suggested that it could be published by the by the Sesw
lor possibly the League of Women Voters. - "
Mr. Hutchinson will investigate publication of the brochure in the
Lexington Minute Man and will make the draft available for use of the Board
and for any specific groups designated.
Transfers Upon motion duly made and seconded, it was voted to approve requests
Reserve for transfers from the Reserve Fund, totalling $56,000, as follows:
Fund
Acct. 1090 Professional Services $ 7,000
1775 Law Fees 31,000
1800 Law Expenses 5,000
2370 Misc. Boards and Committees 500
4900 D.P.W. Collective Bargaining 8,000
5450 Road Machinery 4,500
Contract Upon motion duly made and seconded, it was voted to approve award of the
Meriam St. contract for operation of the Meriam Street Parking Lot to Mattes Management
Attendant Company, Boston, in the amount of $57,000, as recommended by the Director of
Parking Public Works and Engineering.
Salary Upon motion duly made and seconded, it was voted to allocate the $94,505
Settlements balance in Article 21 Salary Settlements, for unanticipated overtime costs of
Art. 21 the Department of Public Works due to storm activity in the amount of $17,000.
The balance in the amount of $77,505, will be allocated for FY 84 Fire Settle-
ment. woo
Ch.90 Upon motion duly made and seconded, it was voted to executive a "Chapter
Request 90" Project Request for FY '85 in the amount of $2,000, for resurfacing existing
streets as follows:
Meriam Street - Oakland Street to Castle Street
Vine Brook Road
Percy Road
Winthrop Road - Vine Brook Road to Waltham Street
Cons.Comm. Upon motion duly made and seconded, it was voted to approve the reappoint--
App t. ment by the Town Manager of John Obert euf f er to the Conservation Committee for
a term of office to expire in three years.
Cons.Comm. Upon motion duly made and seconded, it was voted to accept, with regret,
Resign. the resignation of Charles H. Price, Jr. as a member of the Conservation
Price Commission, effective as of June 30, 1984.
July 4th Upon motion duly made and seconded, it was voted to approve the use of a
Carnival portion of the Center Playground for a carnival to be operated under the
auspices of the Lexington Lions Club, by Dean & Flynn Fiesta Shows, on
June 30, July 1, July 2, July 3, July 4, 1984, subject to provision of lia-
bility insurance in the amount of $5,000,000.
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Selectmen's Meeting June 11, 1984
Mr. Hutchinson noted correspondence from the Minuteman Regional VoTech
f"i Vocational Technical School District, dated April 25, 1984, requesting Roof Repairs
discussion of alternatives for financing of roof repairs at the school.
The Manager suggested that the Board authorize him to inform the Minute-
man School Committee of its posision. He suggested that the option for one-
year construction with financing by bond issue and State aid, was the better
approach.
Upon motion duly made and seconded, it was voted to authorize the
Town Manager to inform the Minuteman School Committee of its recommendation
in favor of implementation of Construction/finance alternative- #1, with
one-year construction and financing by bond issue and State aid of roof re-
pairs at the school.
The Board reviewed the report of the Traffic Safety Advisory Committee T.S.A.C.
on the problem brought to the attention of the Town Manager by Melven T. Rep't
Aronson, of visual obstruction caused by hedges at the Hancock Street/ Aronson,
Revere Street island. Hancock St.
Upon motion duly made and seconded, it was voted to approve the re- island
commendations of the Transportation Safety Advisory Committee that hedges
located on the island at the intersection of Revere and Hancock Streets be
removed for improved sight distance for motorists travelling from Revere
Street to Coolidge Avenue.
Mr. Hutchinson reported that requests for supply of Lexington water Water
by other Towns may be a continuing issue and suggested that a Selectmen be requests
assigned to work with him on that problem. Mr. Eddison agreed to serve in other towns
this capacity.
Regarding a petition by residents for prohibition of trucking from Adams Heavy Trucks
Street, the Manager reported that Quinn Perkins (Sand & Gravel) has again Adams St.
contacted as to their willingnesss to divert their truck traffic elsewhere.
He requested additional time to deal with the problem and to verify the
accuracy of the complaints by residents.
Upon motion duly made and seconded, it was voted to designate Selectmen Acting Chmn
Robert F. Sacco as Acting Chairman of the Board in the period from June 18 to Sacco
June 27, 1984, in the absence of the Chairman.
Mr. Hutchinson reported on the request of the Muddy River Morris Dancers Battle Green
for use of the Battle Green for the performance by area dance groups on Sunday,Morris
June 17. The Board concurred with the Manager's recommendation that such use Dancers
of the Green would be inappropriate and his suggestion that the dancers be
allowed to use Hastings Park for their performance.
Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Executive
Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go into Session
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 10:15 .m.
''on A true record, Attest: y ,A �.
Marion H. Snow
Executive Clerk
�r-
SELECTMEN'S MEETING
pima e 14June 25, 19 84
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, June 25, 1984, at 7:30 p.m.
Acting Chairman Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr.
Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant
to the Town Manager and Mrs. Snow, Executive Clerk, were present.
Upon motion duly made and seconded, it was voted 4 - 0, by roll call Executive
'vote, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go into Session
Executive Session for discussion of negotiations for the sale of real
estate, with the intent to resume open session.
At 7:50 p.m. , open session was resumed and Mr. Hutchinson informed Potter Pond
those in attendance of the subject matter addressed in the Executive Session.
Under terms of a new Memorandum of Understanding between the Town and Boyd/
Smith, developers of Potter Pond, units formerly dedicated to the Town
would be sold on the open market by Boyd/Smith in the mid-to high $150,000
range. Of that amount, the Town would receive $80,000 for each unit sold,
with a 3% sales commission to the developers. He further explained terms
of compensation to the Developer as carrying costs, if sales do not take
place by the time a Certificate of Occupancy is issued on these units,
noting that, in this event, consideration will be given to lowering sales
prices.
Pomo Upon motion duly made and seconded, it was voted to authorize the Town
Manager to carry out procedures with the Developers of Potter Pond as out-
lined and to proceed with preparation of a Memorandum of Understanding to
that effect. Mr. McLaughlin and Mr. Marshall were authorized to act, if nec-
essary, in executive capacity on behalf of the Board during the next few
weeks, due to the fact that a full Board may not be available at all times
during the summer vacation period.
Upon motion duly made and seconded, it was voted to approve minutes of Minutes,4/2
Selectmen's Meetings on April 2, April 4, April 9, April 10, April 11, 1984. 4/4,4/9,4/1i
4/11/84
At 8:00 p.m. , Steve Pollack of Adams/Russell Cablevision-Lexington, Inc. ,
met with the Board for discussion of the culmination of his firm's negotiations
for the past two years with the Town of Bedford for hook-up to the Lexington Adams/Rus-
cable system. Adams Russell intends to draw entertainment signals from the sel,Bedf.
Lexington cable, rather than to construct new antennas in Bedford. The Cable Connection
Committee had been kept informed of these plans and had advised Adams/Russell
that at some point, the dealings should be brought to the attention of the
Town, since the franchise agreement, permit granted for the use of the Monroe
School as cable office and the Special Permits granted for construction of
antennas on Walnut Street could be affected. Final agreement has been reached
with Bedford and the license signed on April 18.
William Page, CATV Committee, was present to speak for the Cable Committee.
In response to Mr. Marshall, Mr. Pollack said that although the Bedford
hook-up is not an issue calling for decision by the Selectmen, Adams/Russell
2
),-) 5
wanted to inform the Town of the procedure to give assurance that
the connection will have no adverse impact on the quality of service to
Lexington.
Regarding questions on the possibility of other regional hook-ups, he
pointed out that the Towns of Wayland and Concord would not be drawing from
Lexington since each has other contracts. He noted that Bedford will have
its own studio, independent of Lexington's, and although the billing system '
and van may be shared, Lexington will have top priority.
Mr. Marshall questioned the need for in-depth discussion by the Board
of such details of the operation of a private enterprise and felt that since
the Selectmen have no leverage on issues and no decisions to make on them,
they should not be presented to the Board.
Mr. Page noted that when Adams Russell received Board of Appeals
permit for antenna construction on Walnut Street, it was agreed that the
Board of Selectmen would be notified when the Bedford connection was imminent,
which he felt was appropriate. He also pointed out there are two points
of leverage with Adams-Russell: First, the Board of Appeals granted Adams-
Russell temporary use of the Monroe school space, with the provision that
the use would be reviewed in November of 1984 to see if it should be allowed
to continue. Second, the contract between Adams-Russell and the Town calls
for Adams-Russell meeting specific performance standards. It is the ob-
ligation of the cable committee and the issuing authority (Board of Select-
men) to monitor this performance and to insist on the standards being met.
Boston Mr. Sacco noted the petition of Boston Edison Company and New England
Edison,N.E. Telephone Company for permission to relocate two jointly owned poles in
Tel. Spencer Street, and read the recommendations of the Director of Public Works/
Meadowbrook Engineering, that approval be granted. He noted that a public hearing is
Ave. not required.
Upon motion duly made and seconded, it was voted to approve the petition,
plan and orders of Boston Edison Company and New England Telephone Company,
was
for the purpose of relocating two jointly owned poles in Spencer Street: on
the easterly side approximately 110' northerly of Joseph Road. The two joint
owned poles are to be removed.
Boston Edison The Acting Chairman read a memorandum from the Director of Public Works/
N.E.Tel.Co. Engineering on the petition of Boston Edison Company and New England Tele-
Garfield St. phone Company, recommending approval of the plans for relocation of one
jointly owned pole in Meadowbrook Avenue, and noting that no public hearing is
required.
Upon motion duly made and seconded, it was voted to approve the petition
plan and orders of Boston Edison Company and New England Telephone Company
for relocating one jointly owned pole in Meadowbrook Avenue: on the easterly
side approximately 49' southerly of Blossomcrest Road.
Mr. Sacco read a memorandum from the Director of Public Works/Engineering
an the petition of Boston Edison Company recommending approval of the petition
of Boston Edison Company and New England Telephone Company for relocation
(removal) of four joint owned poles in Garfield Street. He noted that no public
hearing is required.
Upon motion duly made and seconded, it was voted to approve the petition,
plan and orders of Boston Edison Company and New England Telephone Company, for
relocation of four jointly owned poles in Garfield Street: on the southerly
side at the intersection of Hickory Street.
• o
-3—
Selectmen's Meeting
)(9. June 25, 1984
The request of Stephen G. Crowne, 70 Gleason Road, for installation Traffic Item:
,,,,s of "No Parking" signs on Simonds and Gleason Roads because of the impact of Crowne,Simonds,
commuter related parking, was reviewed. Mr. Crowns pointed out that Gleason Rds.
commuter parking, now banned on Harding Road, had relocated to these two
streets.
Mr. Eddison asked for exploration of possible compromise plans i.e.
parking allowed on alternate days or alternate sides of the streets. Mr.
Hutchinson noted that that concept had previously been proposed, but that
no way was seen to implement such a regulation.
Mr. Eddison suggested that Mr. Crowns be requested for suggestions
on an equitable solution to the problem.
Upon motion duly made and seconded, it was voted to refer the request
of Stephen G. Crowne to the Town Manager for review of the matter and
report to the Board within 30 days.
Mrs. Jean Gaudet, Chairman of the Lexington Housing Assistance Board, Tenant Selec-
was present for report to the Board on selection by LexHAB of ten rental tion, Muzzey
low/moderate income units at the Muzzey School. A layout, showing the dis- LexHAB
tribution of the units was distributed and Mrs. Gaudet explained the rationale
for the choices made on the basis of price, which had not been the primary
criteria, such as location, layout, access and light. It had been decided
that, although units will be scattered throughout the building, 2 - and 3 -
bedroom units, for families with children will be located on the first floor.
Mrs. Gaudet noted that in addition to the total cost of $544,250 for
one 3-bedroom unit; three 2-bedroom units and six 1-bedroom units, energy
saving options, at a cost of $56,800, had been added for all ten units.
pommi
nits.
• Mrs. Gaudet pointed out a need for guidelines as4 to the degree of leeway
her Board has in decision making and which issues should be brought to the
Board for resolution. Mr. Hutchinson was requested to prepare such a list
of guidelines, clarifying which decisions LexHAB is empowered to carry out
and which must be approved by the Selectmen.
Mrs. Gaudet and other members present were thanked for their dedicated
efforts and expertise in carrying out the functions of LexHAB.
Mr. McLaughlin updated the Board on progress of the Franklin School Con- Franklin Sch.
version Committee. He reported that Susan Adler will have a R.F.P. ready Conv. Comm.
to go in mid-July, and asked if the Board had any secondary thoughts regarding
use of the School, which had been discussed at the June 11 meeting. Proposals
will be sought for affordable and limited income housing, or other uses which
meet community needs, as had been indicated at that meeting. The Committee
will review the proposals, which will be submitted in a 3-tier fashion re-
garding the scope of detail, to a point when the Selectmen will be asked for
decision.
Mr. McLaughlin noted that generation of traffic and parking are issues
that appear to be of concern to neighbors.
Mrs. Gaudet, who is an area, resident, said she could see no traffic
problemother than a dangerous turn at Stedman Road and Allen Street, near
the School, plus the parking situation.
Mr. McLaughlin concluded that if the Board has no last minute questions
and is still of the same view as previously stated, the Committee will proceed
with the Request for Proposal process.
-4-
))1
Contract # Upon motion duly made and seconded, it was voted to execute Contract
84-5-E #84-5-E, Water Main Construction, in the amount of $314,626, as awarded
Street to Charles & Sons Co. , Inc. Sudbury, Massachusetts, on June 4, 1984. ,,,UO
Resurfacing
Upon motion duly made and seconded, it was voted to award Contract
#85-2-E, Street Resurfacing, in the amount of $158,163.75, to P. J. Keating
Company, lowest bidder, considtent with the recommendations of the Director
of Public Works and Engineering. The award is subject to the approval of
Town Counsel as to bid form.
Insp. Dept. Upon motion duly made and seconded, it was voted to approve the Fee
Fee Schedule Schedule of the Inspection Department, as presented by the Building Comm-
issioner, showing inclusion of a fee of $25.00 for permit application for
accessory apartments and a micro-film fee of $2.00 plus 40c. per drawing
for all applications.
Upon motion made and seconded, it was voted to approve the appointment
of Susan P. Adler as Acting Town Manager from June 30 through July 4, 1984,
and from July 9 through July 27, 1984, due to the absences of Town Manager
Robert M. Hutchinson, Jr. at those times.
Adams St. Upon motion duly made and seconded, it was voted to refer the petition
truck excl. of residents for exclusion of trucks from Adams Street to the Traffic Safety
Advisory Committee for its review and recommendations.
Bond,D.Eagle, Upon motion duly made and seconded, it was voted to approve bonding
LexHAB of the Treasurer of the Lexington Housing Assistance Board, David.F. Eagle,
in the amount of $250,000. mow
Spagnuolo Mr. Hutchinson referred to the request of Emilio Spagnuolo that he be
request allowed to purchase Town owned land shown as Parcel 36, Map 68, at #585
land purch. Lowell Street. The Board concurred with the Town Manager's recommendation
that Mr. Spagnuolo be informed that his request must be refused because of
deed restrictions which state that it may be used for public purposes only.
Bedford Mr. Hutchinson reported on procedures relative to the requests for
request water on an emergency basis from the Lexington system from the Town of Bedford
water and Burlington. He noted that both communities are working to provide inf or-
(& Burl.) ma tion on their needs and .that Bedford has submitted detailed data, including
a consultant's report, but recommended that the Board's, decision be based on
engineering reports on the requests relative to an assessment of water needs
in Lexington.
He said he sees little problem and no severe hardship in provision of
water to Bedford, but felt that decision of the Burlington matter should be
delayed pending exploration of impact to Lexington.
Mr. Eddi si on who had attended a meeting of the Burlington Selectmen with
Lexington's Town Manager and Town Engineers, reported that the Burlington
water situation could be more severe and of longer duration than Bedford's,
with possibly a 10-year time span to resolve its problems. He advised extreme
care in dealing with this long term problem. -
-5--
Selectmen's Meeting o1 June 25, 1984
Pius
Upon motion duly made and seconded, it was voted to permit filming of
a historical narrative delivered by Heywood Broun for Public Television
on the Lexington Battle Green on June 27 , 1984, from'10:00 a.m. to 11:00 a.m.
Upon motion duly made and seconded, it was voted to adjourn at 9:09 p.m.
A true record, Attest:
Marion H. Snow
Executive Clerk
rt
poft
' r
A
ii- SELECTMEN GOAL SETTING SESSION
+•'" Thursday, June 28, 1984
Present: Selectmen Battin, Sacco, McLaughlin, Marshall and Eddison, Town
Manager Hutchinson
The meeting commenced at 12:30 P.M. at the Harvard Club, Commonwealth Avenue.
It was acknowledged that Mrs. Battin would be arriving at approximately 2:30.
The Board reviewed issues that they had submitted to the Manager as the basis
for discussion at this meeting further acknowledging that they would be reviewed
again at subsequent Board meetings for additional discussion and a vote on short
and long-term objectives. It was agreed that discussion would focus on the
following items until such time as we had a full Board in attendance:
Pine Meadows Golf Course
Street Acceptance Policy
Infrastructure Policy
School Committee Plans/Budget
Fiscal Planning
CONSERVATION GOLF COURSE ACQUISITION
Selectman McLaughlin suggested that the Board pursue acquisition of the golf
course with a commitment to self-funding of the purchase. Specifically, he
Minh
suggested that some of the property including the school site might be sold off
for residential development with the proceeds being applied to the acquisition.
In addition, it was agreed that the shorter lease, if any, would be necessary if
this proposal was to pass the scrutiny of Town Meeting. In short, Board members
felt that long-term lease restrictions were undesirable.
Selectman Sacco suggested that Mr. Marshall and Mr. Eddison act as a subcommittee
to pursue this further with the Conservation Commission, the owners of the pro-
perty and the Manager' s office. Selectmen Marshall and Eddison agreed to work
on this endeavor.
Selectman Eddison pointed out that it might still be feasible to allow for
affordable housing as well as any market housing that might be developed.
Selectman Marshall pointed out that the proposal did not necessarily have to
be totally self-funding to be brought back to Town Meeting. Board members agreed
that the proposal should be pursued further.
INFRASTRUCTURE - Roads, Sewers, Water
Roads -- Unaccepted Streets
Board members told the Manager they wanted to review all unaccepted streets some
Saturday in the early Fall to callify these priorities and better understand
the classifications of various streets. The Manager said that he would coordinate
oink
the meeting. The Board further instructed the Manager to obtain an opinion from
Town Counsel about liability for unaccepted streets particularly if the Board
130
pursues to downgrade the engineering standards for reconstruction and/or main-
tenance. Specifically, Board members felt that not all streets needed total
reconstruction and perhaps grading to be adequate. Criterion for priority
setting will be established as well as the Master Plan.
yr,
Board members suggested that the assessment formula should be reviewed as part
of the total review process to insure that the Town gets at least 50% back as
there are approximately 12 Miles of unaccepted streets. The Board instructed
the Manager to review the current estimate of ($1,000,000/mile) as a realistic
number. In addition, the Board wanted an estimate of the value of the 120
miles of accepted streets with specific emphasis on the cost of maintaining and
resurfacing these streets and the estimated life of resurfacing. It was
recognized that the Town last year paved 23,300 feet and this year will be
paving 7100 feet of roads, falling further behind and serious consideration
should be given to catching up perhaps utilizing the borrowing strength of the
Town.
Sewer and Water System
The Board instructed the Manager to get an updated value of the sewer and water
system to insure that appropriate replacement is taking place here as well.
Selectman Marshall pointed out that DPW equipment is valued in excess of
$2,000,000 yet we have been replacing it at less than 10% a year and we want
to insure that we protect our assets there as well. The Town Manager pointed out
that the sanitary sewer system was effectively completed and with modest ex-
ceptions in good shape.
The water system study is being completed and there will be substantial commit-
ments to be made over a period of time. Short-term - approximately $1,000,000
woo
has been proposed. The Manager said that he would file an updated report with
the Board.
LONG RANGE PLANNING
Selectman McLaughlin raised the issue of planning and looking at what the Town
might be in the year 2000. It was agreed that the Board would meet in the Fall
with its elected Boards and Agencies to discuss the evolution of the process
that might wind up in a report similar to Bill Page' s Forum on Aging report.
Selectman Eddison wondered whether it was possible to focus that far out in a
productive way. Selectman Marshall emphasized it's important to outline goals
for discussion so that decisions relating to those goals can be made.
It was generally agreed that physical planning for the next ten to fifteen year
basis could be accomplished which brings us into the year 2000. Close coopera-
tion with the Planning Board and the School would be necessary in this effort.
HOUSING
Discussion was raised about the Selectmen's role in encouraging affordable
housing; further, what mechanisms the Planning Board was going to encourage to
allow diversity within the Town, e.g. , should density be allowed to increase in
order to obtain affordable housing? Can we build on the Muzzey model in
existing buildings or public assets?
%mg
) 2,A
The Selectmen acknowledged legal restraints that they have in this area but
o,,,.,, further acknowledged their leadership responsibility to the Community to work
to maintain diversity and affordability within the Town. The Board asked the
Manager to coordinate with the Planning Board and other appropriate agencies to
discuss this further.
SCHOOL COMMITTEE RELATIONSHIP
The Board emphasized the importance of maintaining a cooperative relationship
with the schools while insuring that everyone is aware of the fiscal restraints
that the Town is confronting. There was concern about just how much under-
standing existed with the Community as a whole and with Town Boards and Agencies.
Board members suggested utilizing the skills of certain fiscally knowledgable
TMMA members could be a facilitator to educate on.. these issues. The Manager
pointed out that he would be updating his five-year data and submitting it to
the Board at budget time. Selectmen suggested scheduling a meeting with the
full committee early in the Fall to discuss mutual concerns as well as financial
targeting.
BOARD APPOINTMENTS
Selectmen felt that more time' was necessary particularly in light of complex
and extended Town Meetings for the appointment of their committees. It was
generally felt that September 30 might be a better date for the appointment or
reappointment of new committees. The Board wanted to encourage expanded
volunteer participation through the appointment process. Selectman Eddison
soft indicated that he was working on a manual with the Manager's office providing
information on the nature of committees and their responsibilities so that this
information tool could help in this effort. Completion of this document was
scheduled for November.
Selectman McLaughlin suggested that the Board look at how many committees it had
and where the numbers could be reduced so that the Agenda and workload of the
Board does not become overextended.
PRIORITY SETTING
The Board agreed to discuss further its goals and accordant workload to insure
that the Agenda is not too full. It was expected that the Board would vote on
its specific objectives in the Fall.
ADMINISTRATIVE MATTERS
Board members suggested to the Manager that he look at the sound system of the
Selectmen's Meeting Room and its configuration as some citizens have indicated
they have some difficulty hearing the Selectmen, Manager or Town Counsel at some
meetings. The Manager said he would report back in September on this issue.
Selectman McLaughlin asked the Manager if he wanted to look at the staffing
demands in his office because of the many demands for technical support that his
aim office must provide for the Board and citizens' committees. The Manager said he
was looking at this issue now and would have additional comments at a later time.
as
BOARD MEETINGS I
Selectman Sacco pointed out that he wanted to insure that the Board maintain
the appropriate relationship with citizens, Board members and staff during the
conduct of regular meetings. It was agreed that citizen participation was to
be encouraged but that the Board cannot involve itself with a running dialogue
with members of the audience on every issue. �►
Chairman Battin said that they would continue to work on maintaining the
appropriate balance while insuring that the business of the Board gets completed.
PAY PLAN
The Board reviewed the pay plan submitted by the Manager and said that it would
consider this at its next regular meeting. The Manager pointed out that the
cost of the plan was in excess of 6% with increases ranging from 0 to 10%. All
non-union Town employees are performance rated and do not have any automatic
steps, longevity or the like.
The Board felt that this was far better than having automatic increases through
a contract and that the performance of Town employees should be acknowledged.
The Manager was instructed to place the pay plan on the Agenda for the next
meeting of the Board on July 2.
The meeting concluded at 8:30 P.M.
Respectfully submitted,
Q144.1"‘ woo
Robert M. Hutchinson, Jr.
Town Man ag er
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